Sen. Lawrence M. Walsh
Filed: 4/26/2004
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1 | AMENDMENT TO HOUSE BILL 5017
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2 | AMENDMENT NO. ______. Amend House Bill 5017 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 4a and by adding Section 16.08b as follows:
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6 | (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
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7 | Sec. 4a. Change to elected board of trustees; petition; | ||||||
8 | election; ballot; nomination and election of trustees.
Any fire | ||||||
9 | protection district organized under this Act may
determine, in | ||||||
10 | either manner provided in the following items (1) and (2) of | ||||||
11 | this
Section, to have an elected, rather than an appointed, | ||||||
12 | board of trustees.
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13 | (1) If the district lies wholly within a single | ||||||
14 | township but does not
also lie wholly within a | ||||||
15 | municipality, the township board of trustees
may | ||||||
16 | determine, by ordinance, to have an elected board of | ||||||
17 | trustees.
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18 | (2) Upon presentation to the board of trustees of a | ||||||
19 | petition, signed
by not less than 10% of the electors of | ||||||
20 | the district, requesting that a
proposition for the | ||||||
21 | election of trustees be submitted to the electors of the
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22 | district, the secretary of the board of trustees shall | ||||||
23 | certify the proposition
to the appropriate election | ||||||
24 | authorities who shall submit the proposition at
a regular |
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1 | election in accordance with the general election law.
The | ||||||
2 | general election law shall apply to and govern such | ||||||
3 | election. The
proposition shall be in substantially the | ||||||
4 | following form:
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5 | -------------------------------------------------------------
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6 | Shall the trustees of...... YES
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7 | Fire Protection District be -------------------------
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8 | elected, rather than appointed? NO
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9 | -------------------------------------------------------------
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10 | If a majority of the votes cast on such proposition are | ||||||
11 | in the affirmative,
the trustees of the district shall | ||||||
12 | thereafter be elected as provided by this
Section.
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13 | At the next regular election for trustees as provided by | ||||||
14 | the general election
law, a district that has approved by | ||||||
15 | ordinance or referendum to have its
trustees elected rather | ||||||
16 | than appointed shall elect 3, 5, or 7 trustees, as
previously | ||||||
17 | determined by the organization of the district or as increased | ||||||
18 | under
Section 4.01 or 4.02. The initial elected trustees shall | ||||||
19 | be elected for 2, 4,
and 6 year terms. In a district with 3 | ||||||
20 | trustees, one trustee shall be elected
for a term of 2 years, | ||||||
21 | one for a term of 4 years, and one for a term of 6
years. In a | ||||||
22 | district with 5 trustees, 2 shall be elected for terms of 2
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23 | years, 2 for terms of 4 years, and one for a term of 6 years. In | ||||||
24 | a district
with 7 trustees, 3 shall be elected for terms of 2 | ||||||
25 | years, 2 for terms of 4
years, and 2 for terms of 6 years. | ||||||
26 | Except as otherwise provided in Section
2A-54 of the Election | ||||||
27 | Code, the term of each elected trustee shall
commence on the | ||||||
28 | first Monday of the month following the month of his election
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29 | and until his successor is elected and qualified. The length of | ||||||
30 | the terms of
the trustees first elected shall be determined by | ||||||
31 | lot at their first meeting.
Except as otherwise provided in | ||||||
32 | Section 2A-54 of the Election Code,
thereafter, each trustee | ||||||
33 | shall be elected to serve for a term of 6 years
commencing on | ||||||
34 | the first Monday of the month following the month of his |
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1 | election
and until his successor is elected and qualified.
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2 | No party designation shall appear on the ballot for | ||||||
3 | election of trustees.
The provisions of the general election | ||||||
4 | law shall apply to and govern
the nomination and election of | ||||||
5 | trustees.
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6 | Nominations for members of the board of trustees shall be | ||||||
7 | made by a petition signed by at least 25 voters or 5% of the | ||||||
8 | voters, whichever is less, residing within the district and | ||||||
9 | shall be filed with the secretary of the board. In addition to | ||||||
10 | the requirements of general election law, the form of the | ||||||
11 | petition shall be as follows: | ||||||
12 | NOMINATING PETITIONS
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13 | To the Secretary of the Board of Trustees of (name of fire | ||||||
14 | protection district): | ||||||
15 | We, the undersigned, being (number of signatories or 10% or | ||||||
16 | more) of the voters residing within the district, hereby | ||||||
17 | petition that (name of candidate) who resides at (address of | ||||||
18 | candidate) in this district shall be a candidate for the office | ||||||
19 | of (office) of the Board of Trustees (full-term or vacancy) to | ||||||
20 | be voted for at the election to be held (date of election). | ||||||
21 | The secretary of the board shall notify each candidate for | ||||||
22 | whom a petition for nomination has been filed of their | ||||||
23 | obligations under the Campaign Financing Act, as required by | ||||||
24 | the general election law. The notice shall be given on a form | ||||||
25 | prescribed by the State Board of Elections and in accordance | ||||||
26 | with the requirements of the general election law.
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27 | The secretary shall, within 7 days of filing or on the
last | ||||||
28 | day for filing, whichever is earlier, acknowledge to the | ||||||
29 | petitioner
in writing his acceptance of the petition.
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30 | The provisions of Section 4 relating to eligibility, powers | ||||||
31 | and disabilities
of trustees shall apply equally to elected | ||||||
32 | trustees.
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33 | Whenever a fire protection district determines to elect | ||||||
34 | trustees as provided
in this Section, the trustees appointed |
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1 | pursuant to Section 4 shall continue
to constitute the board of | ||||||
2 | trustees until the first Monday of the month
following the | ||||||
3 | month of the first election of trustees.
If the term of office | ||||||
4 | of any appointed trustees expires before the first
election of | ||||||
5 | trustees, the authority which appointed that trustee under | ||||||
6 | Section
4 of this Act shall appoint a successor to serve until | ||||||
7 | a successor is
elected and has qualified. The terms of all | ||||||
8 | appointed trustees in such
district shall expire on the first | ||||||
9 | Monday of the month following the
month of the first election | ||||||
10 | of trustees under this Section or when
successors have been | ||||||
11 | elected and have qualified, whichever occurs later.
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12 | (Source: P.A. 90-358, eff. 1-1-98 .)
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13 | (70 ILCS 705/16.08b new) | ||||||
14 | Sec. 16.08b. Emergency medical technician licensure. The | ||||||
15 | board of trustees of a fire protection district may require | ||||||
16 | that all firefighters hired on or after the effective date of | ||||||
17 | this amendatory Act of the 93rd General Assembly by any fire | ||||||
18 | department within the district must be licensed as an EMT-B, | ||||||
19 | EMT-I, or EMT-P under the Emergency Medical Services (EMS) | ||||||
20 | Systems Act. ".
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