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.