Bill Text: IL HB3909 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Community Self-Revitalization Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3909 Detail]

Download: Illinois-2013-HB3909-Amended.html

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Rep. Sam Yingling

Filed: 3/13/2014

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AMENDMENT TO HOUSE BILL 3909
AMENDMENT NO. ______. Amend House Bill 3909 by replacing
everything after the enacting clause with the following:
"Section 5. The Fire Protection District Act is amended by
adding Section 4c as follows:
(70 ILCS 705/4c new)
Sec. 4c. Conversion from an appointed board to an elected
board.
(a) This Section applies to a fire protection district that
is wholly within, or that has a majority of its territory
within, a county with 500,000 or more inhabitants based on the
most recent federal decennial census, and that has an appointed
board of trustees.
(b) When a fire protection district subject to this Section
levies taxes in excess of $1 million in any year, the appointed
board of trustees shall convert to an elected board of trustees

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as provided under subsection (c) of this Section.
(c) At the next regular election for trustees as provided
by the general election law following the effective date of the
ordinance authorizing a levy in excess of $1 million under
Section 14 of this Act, a district subject to this Section
shall elect 3, 5, or 7 trustees, as previously determined by
the organization of the district, or as increased or decreased
under the provisions of this Act.
The initial elected trustees shall be elected for 2 and 4
year terms. In a district with 3 trustees, one trustee shall be
elected for a term of 2 years, and 2 shall be elected for terms
of 4 years. In a district with 5 trustees, 2 shall be elected
for terms of 2 years, and 3 shall be elected for terms of 4
years. In a district with 7 trustees, 3 shall be elected for
terms of 2 years and 4 shall be elected for terms of 4 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 4 years
commencing on the third Monday of the month following the month
of his election and until his successor is elected and
qualified.

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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
residing within the district or 5% of the voters residing
within the district, whichever is less, 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 member 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

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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 board becomes an
elected board under this Section, the trustees appointed under
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.
(d) A board that has become an elected board under the
provisions of this Section shall not revert to an appointed
board, except under the provisions of Section 4b of this Act,
even if in any future year the district levies $1 million or
less in taxes.
(e) The number of members appointed to a board that has
become an elected board under this Section may only be changed
under subsection (b) or (e) of Section 4.01 of this Act, or

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under Section 4.02 or 4.04 of this Act.".