Bill Text: IL HB4846 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-28 - Public Act . . . . . . . . . 96-1349 [HB4846 Detail]
Download: Illinois-2009-HB4846-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 4.01 and adding Section 4.04 as follows:
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6 | (70 ILCS 705/4.01) (from Ch. 127 1/2, par. 24.01)
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7 | Sec. 4.01. Five-member boards.
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8 | (a) Any appointed board of trustees of a fire protection | ||||||
9 | district may
provide for the establishment of a 5-member board | ||||||
10 | of trustees by adopting
an ordinance to that effect. An | ||||||
11 | appointed board of trustees shall also be
increased to a | ||||||
12 | 5-member board upon the adoption of a proposition to
increase | ||||||
13 | the board as provided in subsection (b) of this Section. When | ||||||
14 | such
an ordinance or proposition has been adopted, the | ||||||
15 | appropriate appointing
authority shall, within 60 days of the | ||||||
16 | date of the adoption of the
ordinance or proposition, appoint 2 | ||||||
17 | additional trustees to the board of
trustees, one to hold | ||||||
18 | office for 2 years and one to hold office for 3 years
from the | ||||||
19 | first Monday of May next after their appointment and until | ||||||
20 | their
successors are appointed and have qualified. The lengths | ||||||
21 | of the terms of
these 2 additional members shall be determined | ||||||
22 | by lot at the first meeting
of the board of trustees held after | ||||||
23 | the 2 additional members take office.
The 3 trustees already |
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1 | holding office in the district shall continue to
hold office | ||||||
2 | for the remainder of their respective terms. Thereafter, on or
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3 | before the second Monday in April of each year the appropriate | ||||||
4 | appointing
authority shall appoint one trustee or 2 trustees, | ||||||
5 | as shall be necessary to
maintain a 5-member board of trustees, | ||||||
6 | whose terms shall be for 3 years
commencing the first Monday in | ||||||
7 | May of the year in which they are
respectively appointed.
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8 | (b) Upon presentation to an elected or appointed 3-member | ||||||
9 | board
of trustees of a petition, signed by not less than 5% of | ||||||
10 | the electors of
the district governed by the board, requesting | ||||||
11 | that a proposition to
increase the board of trustees to a | ||||||
12 | 5-member board be submitted to the
electors of the district, | ||||||
13 | the secretary of the board of trustees shall
certify the | ||||||
14 | proposition to the appropriate election authorities who shall
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15 | submit the proposition at a regular election in accordance with | ||||||
16 | the general
election law. The general election law shall apply | ||||||
17 | to and govern the
election. The proposition shall be in | ||||||
18 | substantially the following form:
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19 | -------------------------------------------------------------
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20 | "Shall the number of trustees YES
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21 | of the Fire Protection District be ------------------------
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22 | increased from 3 to 5?" NO
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23 | -------------------------------------------------------------
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24 | If a majority of the votes cast on the proposition are in | ||||||
25 | the
affirmative, the board of trustees of the district shall | ||||||
26 | thereafter be
increased to a 5-member board and the 2 |
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1 | additional trustees shall be
elected or appointed as provided | ||||||
2 | by this Section.
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3 | (c) Any appointed board of trustees of a fire protection | ||||||
4 | district
that has established a 5-member board of trustees by | ||||||
5 | ordinance under
subsection (a) may provide for a return to a | ||||||
6 | 3-member board of trustees by
adopting an ordinance to that | ||||||
7 | effect. The terms of the 5 persons serving
on the board at the | ||||||
8 | time of the adoption of the ordinance shall be
terminated upon | ||||||
9 | the adoption of the ordinance, except that they shall
continue | ||||||
10 | to serve until the 3-member board under this subsection (c) has
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11 | been selected and qualified. The appropriate appointing | ||||||
12 | authority shall
appoint the 3-member board within 60 days after | ||||||
13 | the adoption of the
ordinance. The appointments shall be made | ||||||
14 | under Section 4. Persons
serving on the 5-member board shall be | ||||||
15 | eligible for appointment to the
3-member board under this | ||||||
16 | subsection (c).
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17 | (d) Beginning on August 17, 1990, and ending 3 years after | ||||||
18 | that date, in
the case of a fire protection district board of | ||||||
19 | trustees in a county with a
population of more than 400,000 but | ||||||
20 | less than 450,000, according to the 1980
general census, | ||||||
21 | created under Section 4, subsection (a), paragraph (3) of
this | ||||||
22 | Act that has established a 5-member board of trustees under | ||||||
23 | this
Section a petition for the redress of a trustee, charging | ||||||
24 | the trustee with
palpable omission of duty or nonfeasance in | ||||||
25 | office, signed by not less than
5% of the electors of the | ||||||
26 | district may be presented to the township
supervisor or the |
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1 | presiding officer of the county board, as appropriate.
Upon | ||||||
2 | receipt of the petition, the township supervisor or presiding | ||||||
3 | officer
of the county board, as appropriate, shall preside over | ||||||
4 | a hearing on the
matter of the requested redress. The hearing | ||||||
5 | shall be held not less than
14 nor more than 30 days after | ||||||
6 | receipt of the petition. In the case of a
fire protection | ||||||
7 | district trustee appointed by the presiding officer of the
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8 | county board, the presiding officer shall appoint at least 4 | ||||||
9 | but not more
than 8 members of the county board, a majority of | ||||||
10 | whom shall reside in a county
board district in which the fire | ||||||
11 | protection district is wholly or partially
located, to serve as | ||||||
12 | the hearing panel. In the case of a fire protection
district | ||||||
13 | trustee appointed by the board of town trustees, the township
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14 | supervisor and 2 other town trustees appointed by the | ||||||
15 | supervisor shall
serve as the hearing panel. Within 30 days | ||||||
16 | after the hearing,
the panel shall issue a statement of its | ||||||
17 | findings concerning the charges
against the trustee, based upon | ||||||
18 | the evidence presented at the hearing, and
may make to the fire | ||||||
19 | protection district any recommendations deemed
appropriate.
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20 | (e) In a district governed by an elected or appointed | ||||||
21 | 5-member board, upon presentation of a petition, signed by not | ||||||
22 | less than 5% of the electors of the district governed by the | ||||||
23 | board, requesting that a proposition to decrease the board of | ||||||
24 | trustees to a 3-member board be submitted to the electors of | ||||||
25 | the district, the secretary of the board of trustees shall | ||||||
26 | certify the proposition to the appropriate election |
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1 | authorities who shall submit the proposition at a regular | ||||||
2 | election in accordance with the general election law. The | ||||||
3 | general election law shall apply to and govern the election. | ||||||
4 | The election authority must submit the question in | ||||||
5 | substantially the following form: | ||||||
6 | Shall the number of trustees of the fire protection | ||||||
7 | district be decreased from 5 to 3 members? | ||||||
8 | The election authority must record the votes as "Yes" or "No". | ||||||
9 | If a majority of the votes cast on the proposition are in | ||||||
10 | the affirmative, the board of trustees of the district shall be | ||||||
11 | decreased to a 3-member board. The terms of the 5 persons | ||||||
12 | serving on the board at the time of the reduction of the number | ||||||
13 | of members to 3 shall terminate upon certification of the | ||||||
14 | election results, except that they shall continue to serve | ||||||
15 | until the 3-member board is appointed and qualified or elected | ||||||
16 | and qualified. | ||||||
17 | In the case of an appointed board, the appointing authority | ||||||
18 | shall within 60 days after the certification of the election | ||||||
19 | results, appoint 3 trustees to the board with terms starting | ||||||
20 | the first Monday in May next following the election where the | ||||||
21 | decrease in the board's size is approved. The terms of the | ||||||
22 | appointed trustees shall be determined by lot at the first | ||||||
23 | board meeting following the election. One trustee shall have a | ||||||
24 | term of 3 years, one trustee shall have a term of 2 years, and | ||||||
25 | one trustee shall have a term of one year. Thereafter, all | ||||||
26 | terms shall be for 3 years. |
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1 | In the case of an elected board, 3 trustees shall be | ||||||
2 | elected at the next election at which fire protection district | ||||||
3 | trustees are to be elected under the general election law. The | ||||||
4 | terms of the trustees shall be determined by lot at the first | ||||||
5 | board meeting following the election. One elected trustee shall | ||||||
6 | have a term of 6 years, one trustee shall have a term of 4 | ||||||
7 | years, and one trustee shall have a term of 2 years. | ||||||
8 | Thereafter, the terms of all elected trustees shall be 6 years. | ||||||
9 | (Source: P.A. 86-1179; 87-712 .)
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10 | (70 ILCS 705/4.04 new) | ||||||
11 | Sec. 4.04. Change from a 7-member board to a 5-member or | ||||||
12 | 3-member board. In a district governed by an elected or | ||||||
13 | appointed 7-member board, upon presentation of a petition, | ||||||
14 | signed by not less than 5% of the electors of the district | ||||||
15 | governed by the board, requesting that a proposition to | ||||||
16 | decrease the board of trustees to a 5-member or 3-member board | ||||||
17 | be submitted to the electors of the district, the secretary of | ||||||
18 | the board of trustees shall certify the proposition to the | ||||||
19 | appropriate election authorities who shall submit the | ||||||
20 | proposition at a regular election in accordance with the | ||||||
21 | general election law. The general election law shall apply to | ||||||
22 | and govern the election. | ||||||
23 | The election authority must submit the question in | ||||||
24 | substantially the following form: | ||||||
25 | Shall the number of trustees of the fire protection |
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1 | district be decreased from 7 to (5 or 3) members? | ||||||
2 | The election authority must record the votes as "Yes" or "No". | ||||||
3 | If a majority of the votes cast on the proposition are in | ||||||
4 | the affirmative, the board of trustees of the district shall be | ||||||
5 | decreased to a 5-member or 3-member board, as applicable. The | ||||||
6 | terms of the 7 persons serving on the board at the time of the | ||||||
7 | reduction of the number of members to 5 or 3 shall terminate | ||||||
8 | upon certification of the election results, except that they | ||||||
9 | shall continue to serve until the 5-member or 3-member board is | ||||||
10 | appointed and qualified or elected and qualified. | ||||||
11 | In the case of an appointed board, the appointing authority | ||||||
12 | shall within 60 days after the certification of the election | ||||||
13 | results, appoint 3 or 5 trustees, as the case may be, to the | ||||||
14 | board of trustees with terms starting the first Monday in May | ||||||
15 | next following the election where the decrease in the board's | ||||||
16 | size is approved. The terms of the appointed trustees shall be | ||||||
17 | determined by lot at the first board meeting following the | ||||||
18 | election. In the case of a 5-member board, 2 trustees shall | ||||||
19 | have a 3-year term, 2 trustees shall have a 2-year term, and | ||||||
20 | one trustee shall have a one-year term. In the case of a | ||||||
21 | 3-member board, one trustee shall have a 3-year term, one | ||||||
22 | trustee shall have a 2-year term, and one trustee shall have a | ||||||
23 | one-year term. Thereafter, all terms shall be for 3 years. | ||||||
24 | In the case of an elected board, 3 or 5 trustees shall be | ||||||
25 | elected at the next election at which fire protection district | ||||||
26 | trustees are to be elected under the general election law. The |
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1 | terms of the trustees shall be determined by lot at the first | ||||||
2 | board meeting following the election. In the case of a 5-member | ||||||
3 | board, 2 elected trustees shall have a 2-year term, 2 trustees | ||||||
4 | shall have a 4-year term, and one trustee shall have a 6-year | ||||||
5 | term. In the case of a 3-member board, one elected trustee | ||||||
6 | shall have a 6-year term, one trustee shall have a 4-year term, | ||||||
7 | and one trustee shall have a 2-year term. Thereafter, the terms | ||||||
8 | of all elected trustees shall be 6 years.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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