Public Act 096-1349
Public Act 1349 96TH GENERAL ASSEMBLY
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Public Act 096-1349
| | HB4846 Enrolled | LRB096 16807 RLJ 32114 b |
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| 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 | changing Section 4.01 and adding Section 4.04 as follows:
| (70 ILCS 705/4.01) (from Ch. 127 1/2, par. 24.01)
| Sec. 4.01. Five-member boards.
| (a) Any appointed board of trustees of a fire protection | district may
provide for the establishment of a 5-member board | of trustees by adopting
an ordinance to that effect. An | appointed board of trustees shall also be
increased to a | 5-member board upon the adoption of a proposition to
increase | the board as provided in subsection (b) of this Section. When | such
an ordinance or proposition has been adopted, the | appropriate appointing
authority shall, within 60 days of the | date of the adoption of the
ordinance or proposition, appoint 2 | additional trustees to the board of
trustees, one to hold | office for 2 years and one to hold office for 3 years
from the | first Monday of May next after their appointment and until | their
successors are appointed and have qualified. The lengths | of the terms of
these 2 additional members shall be determined | by lot at the first meeting
of the board of trustees held after | the 2 additional members take office.
The 3 trustees already |
| holding office in the district shall continue to
hold office | for the remainder of their respective terms. Thereafter, on or
| before the second Monday in April of each year the appropriate | appointing
authority shall appoint one trustee or 2 trustees, | as shall be necessary to
maintain a 5-member board of trustees, | whose terms shall be for 3 years
commencing the first Monday in | May of the year in which they are
respectively appointed.
| (b) Upon presentation to an elected or appointed 3-member | board
of trustees of a petition, signed by not less than 5% of | the electors of
the district governed by the board, requesting | that a proposition to
increase the board of trustees to a | 5-member board be submitted to the
electors of the district, | the secretary of the board of trustees shall
certify the | proposition to the appropriate election authorities who shall
| submit the proposition at a regular election in accordance with | the general
election law. The general election law shall apply | to and govern the
election. The proposition shall be in | substantially the following form:
| -------------------------------------------------------------
| "Shall the number of trustees YES
| of the Fire Protection District be ------------------------
| increased from 3 to 5?" NO
| -------------------------------------------------------------
| If a majority of the votes cast on the proposition are in | the
affirmative, the board of trustees of the district shall | thereafter be
increased to a 5-member board and the 2 |
| additional trustees shall be
elected or appointed as provided | by this Section.
| (c) Any appointed board of trustees of a fire protection | district
that has established a 5-member board of trustees by | ordinance under
subsection (a) may provide for a return to a | 3-member board of trustees by
adopting an ordinance to that | effect. The terms of the 5 persons serving
on the board at the | time of the adoption of the ordinance shall be
terminated upon | the adoption of the ordinance, except that they shall
continue | to serve until the 3-member board under this subsection (c) has
| been selected and qualified. The appropriate appointing | authority shall
appoint the 3-member board within 60 days after | the adoption of the
ordinance. The appointments shall be made | under Section 4. Persons
serving on the 5-member board shall be | eligible for appointment to the
3-member board under this | subsection (c).
| (d) Beginning on August 17, 1990, and ending 3 years after | that date, in
the case of a fire protection district board of | trustees in a county with a
population of more than 400,000 but | less than 450,000, according to the 1980
general census, | created under Section 4, subsection (a), paragraph (3) of
this | Act that has established a 5-member board of trustees under | this
Section a petition for the redress of a trustee, charging | the trustee with
palpable omission of duty or nonfeasance in | office, signed by not less than
5% of the electors of the | district may be presented to the township
supervisor or the |
| presiding officer of the county board, as appropriate.
Upon | receipt of the petition, the township supervisor or presiding | officer
of the county board, as appropriate, shall preside over | a hearing on the
matter of the requested redress. The hearing | shall be held not less than
14 nor more than 30 days after | receipt of the petition. In the case of a
fire protection | district trustee appointed by the presiding officer of the
| county board, the presiding officer shall appoint at least 4 | but not more
than 8 members of the county board, a majority of | whom shall reside in a county
board district in which the fire | protection district is wholly or partially
located, to serve as | the hearing panel. In the case of a fire protection
district | trustee appointed by the board of town trustees, the township
| supervisor and 2 other town trustees appointed by the | supervisor shall
serve as the hearing panel. Within 30 days | after the hearing,
the panel shall issue a statement of its | findings concerning the charges
against the trustee, based upon | the evidence presented at the hearing, and
may make to the fire | protection district any recommendations deemed
appropriate.
| (e) In a district governed by an elected or appointed | 5-member board, upon presentation of a petition, signed by not | less than 5% of the electors of the district governed by the | board, requesting that a proposition to decrease the board of | trustees to a 3-member board be submitted to the electors of | the district, the secretary of the board of trustees shall | certify the proposition to the appropriate election |
| authorities who shall submit the proposition at a regular | election in accordance with the general election law. The | general election law shall apply to and govern the election. | The election authority must submit the question in | substantially the following form: | Shall the number of trustees of the fire protection | district be decreased from 5 to 3 members? | The election authority must record the votes as "Yes" or "No". | If a majority of the votes cast on the proposition are in | the affirmative, the board of trustees of the district shall be | decreased to a 3-member board. 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. | In the case of an appointed board, the appointing authority | shall within 60 days after the certification of the election | results, appoint 3 trustees to the board with terms starting | the first Monday in May next following the election where the | decrease in the board's size is approved. The terms of the | appointed trustees shall be determined by lot at the first | board meeting following the election. One trustee shall have a | term of 3 years, one trustee shall have a term of 2 years, and | one trustee shall have a term of one year. Thereafter, all | terms shall be for 3 years. |
| In the case of an elected board, 3 trustees shall be | elected at the next election at which fire protection district | trustees are to be elected under the general election law. The | terms of the trustees shall be determined by lot at the first | board meeting following the election. One elected trustee shall | have a term of 6 years, one trustee shall have a term of 4 | years, and one trustee shall have a term of 2 years. | Thereafter, the terms of all elected trustees shall be 6 years. | (Source: P.A. 86-1179; 87-712.)
| (70 ILCS 705/4.04 new) | Sec. 4.04. Change from a 7-member board to a 5-member or | 3-member board. In a district governed by an elected or | appointed 7-member board, upon presentation of a petition, | signed by not less than 5% of the electors of the district | governed by the board, requesting that a proposition to | decrease the board of trustees to a 5-member or 3-member board | be submitted to the electors of the district, the secretary of | the board of trustees shall certify the proposition to the | appropriate election authorities who shall submit the | proposition at a regular election in accordance with the | general election law. The general election law shall apply to | and govern the election. | The election authority must submit the question in | substantially the following form: | Shall the number of trustees of the fire protection |
| district be decreased from 7 to (5 or 3) members? | The election authority must record the votes as "Yes" or "No". | If a majority of the votes cast on the proposition are in | the affirmative, the board of trustees of the district shall be | decreased to a 5-member or 3-member board, as applicable. The | terms of the 7 persons serving on the board at the time of the | reduction of the number of members to 5 or 3 shall terminate | upon certification of the election results, except that they | shall continue to serve until the 5-member or 3-member board is | appointed and qualified or elected and qualified. | In the case of an appointed board, the appointing authority | shall within 60 days after the certification of the election | results, appoint 3 or 5 trustees, as the case may be, to the | board of trustees with terms starting the first Monday in May | next following the election where the decrease in the board's | size is approved. The terms of the appointed trustees shall be | determined by lot at the first board meeting following the | election. In the case of a 5-member board, 2 trustees shall | have a 3-year term, 2 trustees shall have a 2-year term, and | one trustee shall have a one-year term. In the case of a | 3-member board, one trustee shall have a 3-year term, one | trustee shall have a 2-year term, and one trustee shall have a | one-year term. Thereafter, all terms shall be for 3 years. | In the case of an elected board, 3 or 5 trustees shall be | elected at the next election at which fire protection district | trustees are to be elected under the general election law. The |
| terms of the trustees shall be determined by lot at the first | board meeting following the election. In the case of a 5-member | board, 2 elected trustees shall have a 2-year term, 2 trustees | shall have a 4-year term, and one trustee shall have a 6-year | term. In the case of a 3-member board, one elected trustee | shall have a 6-year term, one trustee shall have a 4-year term, | and one trustee shall have a 2-year term. Thereafter, the terms | of all elected trustees shall be 6 years.
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/28/2010
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