HB3909ham001 98TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 3/13/2014

09800HB3909ham001 LRB098 15468 JLK 56879 a

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 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.

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 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 under Section 4.02 or 4.04 of this Act.".