HB0945 98TH GENERAL ASSEMBLY

LRB098 04185 OMW 34208 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0945

Introduced 1/25/2013, by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

70 ILCS 705/4c new

Amends the Fire Protection District Act. Adds a Section regarding rural fire protection districts. Provides that rural fire protection districts shall be governed by an elected, rather than an appointed, board of trustees consisting of 5 members with 4 year terms. Provides guidelines for 7-member elected boards to transition to 5-member elected boards. Provides for the continuation of terms of trustees appointed or elected prior to the effective date of this amendatory Act, as well as for filling vacancies. Further provides for the election and terms of trustees elected after the effective date of this amendatory Act. Provides nomination requirements for trustees. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fire Protection District Act is amended by adding Section 4c as follows:

(70 ILCS 705/4c new)

Sec. 4c. Rural fire protection district; board of trustees. Notwithstanding any other provision of law, a rural fire protection district organized under this Act shall be governed by an elected, rather than an appointed, 5-member board of trustees if that rural fire protection district has its boundaries (1) completely within the unincorporated area of a county; (2) within a municipality where that municipality does not have available a source of fire protection on a voluntary or contractual basis; or (3) both within the unincorporated territory of a county and within a municipality where that municipality does not have available a source of fire protection on a voluntary or contractual basis.

This Section does not apply to rural fire protection districts that have 3 or 5-member elected boards on and after the effective date of this amendatory Act of the 98th General Assembly.

(a) Change from an appointed board to an elected board.

Each elected board shall consist of 5 members. The initial trustees elected under this Section shall be elected at the first consolidated election to occur after the expiration of the term of office of the trustee or trustees most recently appointed prior to the effective date of this amendatory Act of the 98th General Assembly. If a rural fire protection district is governed by an appointed board of trustees on the effective date of this amendatory Act of the 98th General Assembly, then those trustees shall continue to constitute the board of trustees until the third Monday of May following the first election of trustees.

If a vacancy in the board of trustees occurs prior to that date, either by death, resignation, refusal to qualify, ceasing to be an inhabitant of the district, or for any other reason, the vacancy shall be filled by the appropriate appointing authority. The person appointed shall qualify for office as provided in this Act and shall thereupon assume the duties of the office for the unexpired term to which the person was appointed only until the first Monday of May following the next consolidated election, and at that election a trustee shall be elected to fill the vacancy for any balance of the unexpired term and until the elected trustee has qualified.

(b) Change from a 7-member elected board to a 5-member elected board.

In the case of an elected 7-member board, the initial trustees elected under this Section shall be elected at the first consolidated election to occur after the expiration of the term of office of the trustee or trustees most recently elected prior to the effective date of this amendatory Act of the 98th General Assembly. Trustees elected prior to the effective date of this amendatory Act of the 98th General Assembly whose terms have expired shall continue to constitute the board of trustees until the third Monday of May following the first election of trustees.

If a vacancy in the board of trustees occurs prior to that date, either by death, resignation, refusal to qualify, ceasing to be an inhabitant of the district, or for any other reason, the vacancy shall be filled by the board within 60 days after the vacancy occurs. The person appointed shall qualify for office as provided in this Act and shall thereupon assume the duties of the office for the unexpired term to which the person was appointed only until the first Monday of May following the next regular election, and at that election a trustee shall be elected to fill the vacancy for any balance of the unexpired term and until the elected trustee has qualified.

(c) Election; terms; petitions.

Except as otherwise provided in Section 2A of the Election Code, the term of each elected trustee shall commence on the third Monday of May following the election and until his successor is elected and qualified. Of the initial trustees elected under this Section, 3 shall be elected for terms of 2 years and 2 shall be elected for terms of 4 years. All subsequent trustees shall be elected for 4 year terms.

No party designation shall appear on the ballot for election of trustees. The provisions of the general election law shall apply to and govern the nomination and election of trustees.

Nominations for members of the board of trustees shall be made by a petition signed by at least 25 voters or 5% of the voters, whichever is less, residing within the district and shall be filed with the secretary of the board. In addition to the requirements of general election law, the form of the petition shall be as follows:

NOMINATING PETITIONS

To the Secretary of the Board of Trustees of (name of fire protection district):

We, the undersigned, being (number of signatories or 5% or more) of the voters residing within the district, hereby petition that (name of candidate) who resides at (address of candidate) in this district shall be a candidate for the office of (office) of the Board of Trustees (full-term or vacancy) to be voted for at the election to be held (date of election).

The secretary of the board shall notify each candidate for whom a petition for nomination has been filed of their obligations under the Campaign Financing Act, as required by the general election law. The notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law.

The secretary shall, within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing his acceptance of the petition.

The provisions of Section 4 relating to eligibility, powers and disabilities of trustees shall apply equally to elected trustees.

Whenever a fire protection district determines to elect trustees as provided in this Section, the trustees appointed pursuant to Section 4 shall continue to constitute the board of trustees until the third Monday of May following the first election of trustees. If the term of office of any appointed trustees expires before the first election of trustees, the authority which appointed that trustee under Section 4 of this Act shall appoint a successor to serve until a successor is elected and has qualified. The terms of all appointed trustees in such district shall expire on the third Monday of May following the first election of trustees under this Section or when successors have been elected and have qualified, whichever occurs later.

Section 99. Effective date. This Act takes effect upon becoming law.