|
|
Public Act 096-0172
|
| HB0667 Enrolled |
LRB096 04286 RLJ 14332 b |
|
|
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 4.03 and by changing Section 4a as follows:
|
(70 ILCS 705/4.03 new) |
Sec. 4.03. Elected 5-member board. |
(a) Any elected 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. If an |
ordinance is adopted to establish a 5-member board, then 2 |
trustees shall be elected at the next consolidated election for |
trustees as provided in the general election law and shall |
serve one for 2 years and one for 4 years, the length of the |
term of each to be determined by lot at the first board meeting |
following the election. Thereafter, one trustee or 2 trustees, |
as necessary to maintain a 5-member board of trustees, shall be |
elected at the election provided by the general election law |
for a term of 6 years.
Trustees in office on the effective date |
of this amendatory Act of the 96th General Assembly shall |
continue to hold office for the remainder of their terms. The |
term of each elected trustee shall commence on the first Monday |
in the month following his or her election and each shall hold |
|
office until his or her term expires and until a successor is |
elected and qualified. |
(b) Any elected 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 (b) has |
been elected and qualified. If an ordinance is adopted to |
return to a 3-member board, then the 3 trustees shall be |
elected at the next consolidated election for trustees as |
provided in the general election law. Persons serving on the |
5-member board shall be eligible for election to the 3-member |
board under this subsection (b).
|
(70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
|
Sec. 4a. Change to elected board of trustees; petition; |
election; ballot; nomination and election of trustees.
Any fire |
protection district organized under this Act may
determine, in |
either manner provided in the following items (1) and (2) of |
this
Section, to have an elected, rather than an appointed, |
board of trustees.
|
(1) If the district lies wholly within a single |
township but does not
also lie wholly within a |
|
municipality, the township board of trustees
may |
determine, by ordinance, to have an elected board of |
trustees.
|
(2) Upon presentation to the board of trustees of a |
petition, signed
by not less than 10% of the electors of |
the district, requesting that a
proposition for the |
election of trustees 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 such |
election. The
proposition shall be in substantially the |
following form:
|
-------------------------------------------------------------
|
Shall the trustees of...... YES
|
Fire Protection District be ---------------------
|
elected, rather than appointed? NO
|
-------------------------------------------------------------
|
If a majority of the votes cast on such proposition are |
in the affirmative,
the trustees of the district shall |
thereafter be elected as provided by this
Section.
|
At the next regular election for trustees as provided by |
the general election
law, a district that has approved by |
ordinance or referendum to have its
trustees elected rather |
than appointed shall elect 3, 5, or 7 trustees, as
previously |
|
determined by the organization of the district or as increased |
under
Section 4.01, or 4.02, or 4.03. The initial elected |
trustees shall be elected for 2, 4,
and 6 year terms. In a |
district with 3 trustees, one trustee shall be elected
for a |
term of 2 years, one for a term of 4 years, and one for a term |
of 6
years. In a district with 5 trustees, 2 shall be elected |
for terms of 2
years, 2 for terms of 4 years, and one for a term |
of 6 years. In a district
with 7 trustees, 3 shall be elected |
for terms of 2 years, 2 for terms of 4
years, and 2 for terms of |
6 years. Except as otherwise provided in Section
2A-54 of the |
Election Code, the term of each elected trustee shall
commence |
on the third Monday of the month following the month of his |
election
and until his successor is elected and qualified. The |
length of the terms of
the trustees first elected shall be |
determined by lot at their first meeting.
Except as otherwise |
provided in Section 2A-54 of the Election Code,
thereafter, |
each trustee shall be elected to serve for a term of 6 years
|
commencing on the third Monday of the month following the month |
of his election
and until his successor is elected and |
qualified.
|
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 the month
following the |
month of 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 the month following the
month of the first election |
of trustees under this Section or when
successors have been |
elected and have qualified, whichever occurs later.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|