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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4846
Introduced 1/15/2010, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED:
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70 ILCS 705/4.01 |
from Ch. 127 1/2, par. 24.01 |
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Amends the Fire Protection District Act. Provides that an elected or appointed 5-member board of trustees of a fire protection district may be decreased to an elected or appointed 3-member board by referendum. Sets forth the procedure for decreasing the size of the board. Specifies the terms of the board members. Provides that the terms of the 5 persons serving on the board at the time of the reduction of the number of members to 3 shall terminate upon certification of the election results, except that they shall continue to serve until the 3-member board is appointed and qualified or elected and qualified. Effective immediately.
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A BILL FOR
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HB4846 |
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LRB096 16807 RLJ 32114 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fire Protection District Act is amended by |
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| changing Section 4.01 as follows:
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| (70 ILCS 705/4.01) (from Ch. 127 1/2, par. 24.01)
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| Sec. 4.01. Five-member boards.
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| (a) Any appointed board of trustees of a fire protection |
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| district may
provide for the establishment of a 5-member board |
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| of trustees by adopting
an ordinance to that effect. An |
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| appointed board of trustees shall also be
increased to a |
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| 5-member board upon the adoption of a proposition to
increase |
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| the board as provided in subsection (b) of this Section. When |
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| such
an ordinance or proposition has been adopted, the |
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| appropriate appointing
authority shall, within 60 days of the |
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| date of the adoption of the
ordinance or proposition, appoint 2 |
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| additional trustees to the board of
trustees, one to hold |
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| office for 2 years and one to hold office for 3 years
from the |
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| first Monday of May next after their appointment and until |
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| their
successors are appointed and have qualified. The lengths |
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| of the terms of
these 2 additional members shall be determined |
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| by lot at the first meeting
of the board of trustees held after |
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| the 2 additional members take office.
The 3 trustees already |
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HB4846 |
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LRB096 16807 RLJ 32114 b |
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| holding office in the district shall continue to
hold office |
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| for the remainder of their respective terms. Thereafter, on or
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| before the second Monday in April of each year the appropriate |
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| appointing
authority shall appoint one trustee or 2 trustees, |
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| as shall be necessary to
maintain a 5-member board of trustees, |
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| whose terms shall be for 3 years
commencing the first Monday in |
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| May of the year in which they are
respectively appointed.
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| (b) Upon presentation to an elected or appointed 3-member |
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| board
of trustees of a petition, signed by not less than 5% of |
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| the electors of
the district governed by the board, requesting |
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| that a proposition to
increase the board of trustees to a |
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| 5-member board be submitted to the
electors of the district, |
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| the secretary of the board of trustees shall
certify the |
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| proposition to the appropriate election authorities who shall
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| submit the proposition at a regular election in accordance with |
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| the general
election law. The general election law shall apply |
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| to and govern the
election. The proposition shall be in |
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| substantially the following form:
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| -------------------------------------------------------------
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| "Shall the number of trustees YES
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| of the Fire Protection District be ------------------------
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| increased from 3 to 5?" NO
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| -------------------------------------------------------------
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| If a majority of the votes cast on the proposition are in |
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| the
affirmative, the board of trustees of the district shall |
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| thereafter be
increased to a 5-member board and the 2 |
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HB4846 |
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LRB096 16807 RLJ 32114 b |
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| additional trustees shall be
elected or appointed as provided |
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| by this Section.
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| (c) Any appointed board of trustees of a fire protection |
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| district
that has established a 5-member board of trustees by |
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| ordinance under
subsection (a) may provide for a return to a |
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| 3-member board of trustees by
adopting an ordinance to that |
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| effect. The terms of the 5 persons serving
on the board at the |
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| time of the adoption of the ordinance shall be
terminated upon |
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| the adoption of the ordinance, except that they shall
continue |
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| to serve until the 3-member board under this subsection (c) has
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| been selected and qualified. The appropriate appointing |
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| authority shall
appoint the 3-member board within 60 days after |
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| the adoption of the
ordinance. The appointments shall be made |
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| under Section 4. Persons
serving on the 5-member board shall be |
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| eligible for appointment to the
3-member board under this |
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| subsection (c).
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| (d) Beginning on August 17, 1990, and ending 3 years after |
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| that date, in
the case of a fire protection district board of |
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| trustees in a county with a
population of more than 400,000 but |
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| less than 450,000, according to the 1980
general census, |
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| created under Section 4, subsection (a), paragraph (3) of
this |
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| Act that has established a 5-member board of trustees under |
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| this
Section a petition for the redress of a trustee, charging |
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| the trustee with
palpable omission of duty or nonfeasance in |
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| office, signed by not less than
5% of the electors of the |
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| district may be presented to the township
supervisor or the |
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HB4846 |
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LRB096 16807 RLJ 32114 b |
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| presiding officer of the county board, as appropriate.
Upon |
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| receipt of the petition, the township supervisor or presiding |
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| officer
of the county board, as appropriate, shall preside over |
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| a hearing on the
matter of the requested redress. The hearing |
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| shall be held not less than
14 nor more than 30 days after |
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| receipt of the petition. In the case of a
fire protection |
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| district trustee appointed by the presiding officer of the
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| county board, the presiding officer shall appoint at least 4 |
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| but not more
than 8 members of the county board, a majority of |
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| whom shall reside in a county
board district in which the fire |
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| protection district is wholly or partially
located, to serve as |
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| the hearing panel. In the case of a fire protection
district |
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| trustee appointed by the board of town trustees, the township
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| supervisor and 2 other town trustees appointed by the |
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| supervisor shall
serve as the hearing panel. Within 30 days |
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| after the hearing,
the panel shall issue a statement of its |
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| findings concerning the charges
against the trustee, based upon |
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| the evidence presented at the hearing, and
may make to the fire |
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| protection district any recommendations deemed
appropriate.
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| (e) In a district governed by an elected or appointed |
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| 5-member board, upon presentation of a petition, signed by not |
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| less than 5% of the electors of the district governed by the |
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| board, requesting that a proposition to decrease the board of |
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| trustees to a 3-member board be submitted to the electors of |
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| the district, the secretary of the board of trustees shall |
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| certify the proposition to the appropriate election |
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HB4846 |
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LRB096 16807 RLJ 32114 b |
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| authorities who shall submit the proposition at a regular |
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| election in accordance with the general election law. The |
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| general election law shall apply to and govern the election. |
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| The election authority must submit the question in |
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| substantially the following form: |
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| Shall the number of trustees of the fire protection |
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| district be decreased from 5 to 3 members? |
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| The election authority must record the votes as "Yes" or "No". |
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| If a majority of the votes cast on the proposition are in |
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| the affirmative, the board of trustees of the district shall be |
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| decreased to a 3-member board. The terms of the 5 persons |
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| serving on the board at the time of the reduction of the number |
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| of members to 3 shall terminate upon certification of the |
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| election results, except that they shall continue to serve |
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| until the 3-member board is appointed and qualified or elected |
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| and qualified. |
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| In the case of an appointed board, the appointing authority |
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| shall within 60 days after the certification of the election |
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| results, appoint 3 trustees to the board with terms starting |
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| the first Monday in May next following the election where the |
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| decrease in the board's size is approved. The terms of the |
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| appointed trustees shall be determined by lot at the first |
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| board meeting following the election. One trustee shall have a |
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| term of 3 years, one trustee shall have a term of 2 years, and |
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| one trustee shall have a term of one year. Thereafter, all |
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| terms shall be for 3 years. |
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HB4846 |
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LRB096 16807 RLJ 32114 b |
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| In the case of an elected board, 3 trustees shall be |
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| elected at the next election at which fire protection district |
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| trustees are to be elected under the general election law. The |
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| terms of the trustees shall be determined by lot at the first |
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| board meeting following the election. One elected trustee shall |
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| have a term of 6 years, one trustee shall have a term of 4 |
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| years, and one trustee shall have a term of 2 years. |
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| Thereafter, the terms of all elected trustees shall be 6 years. |
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| (Source: P.A. 86-1179; 87-712.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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