Sen. Lawrence M. Walsh

Filed: 4/26/2004

 

 


 

 


 
09300HB5017sam002 LRB093 18662 MKM 50083 a

1
AMENDMENT TO HOUSE BILL 5017

2     AMENDMENT NO. ______. Amend House Bill 5017 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Fire Protection District Act is amended by
5 changing Section 4a and by adding Section 16.08b as follows:
 
6     (70 ILCS 705/4a)  (from Ch. 127 1/2, par. 24.1)
7     Sec. 4a. Change to elected board of trustees; petition;
8 election; ballot; nomination and election of trustees. Any fire
9 protection district organized under this Act may determine, in
10 either manner provided in the following items (1) and (2) of
11 this Section, to have an elected, rather than an appointed,
12 board of trustees.
13         (1) If the district lies wholly within a single
14 township but does not also lie wholly within a
15 municipality, the township board of trustees may
16 determine, by ordinance, to have an elected board of
17 trustees.
18         (2) Upon presentation to the board of trustees of a
19 petition, signed by not less than 10% of the electors of
20 the district, requesting that a proposition for the
21 election of trustees be submitted to the electors of the
22 district, the secretary of the board of trustees shall
23 certify the proposition to the appropriate election
24 authorities who shall submit the proposition at a regular

 

 

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1 election in accordance with the general election law. The
2 general election law shall apply to and govern such
3 election. The proposition shall be in substantially the
4 following form:
5 -------------------------------------------------------------
6         Shall the trustees of......       YES
7         Fire Protection District be     -------------------------
8         elected, rather than appointed?   NO
9 -------------------------------------------------------------
10         If a majority of the votes cast on such proposition are
11 in the affirmative, the trustees of the district shall
12 thereafter be elected as provided by this Section.
13     At the next regular election for trustees as provided by
14 the general election law, a district that has approved by
15 ordinance or referendum to have its trustees elected rather
16 than appointed shall elect 3, 5, or 7 trustees, as previously
17 determined by the organization of the district or as increased
18 under Section 4.01 or 4.02. The initial elected trustees shall
19 be elected for 2, 4, and 6 year terms. In a district with 3
20 trustees, one trustee shall be elected for a term of 2 years,
21 one for a term of 4 years, and one for a term of 6 years. In a
22 district with 5 trustees, 2 shall be elected for terms of 2
23 years, 2 for terms of 4 years, and one for a term of 6 years. In
24 a district with 7 trustees, 3 shall be elected for terms of 2
25 years, 2 for terms of 4 years, and 2 for terms of 6 years.
26 Except as otherwise provided in Section 2A-54 of the Election
27 Code, the term of each elected trustee shall commence on the
28 first Monday of the month following the month of his election
29 and until his successor is elected and qualified. The length of
30 the terms of the trustees first elected shall be determined by
31 lot at their first meeting. Except as otherwise provided in
32 Section 2A-54 of the Election Code, thereafter, each trustee
33 shall be elected to serve for a term of 6 years commencing on
34 the first Monday of the month following the month of his

 

 

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1 election and until his successor is elected and qualified.
2     No party designation shall appear on the ballot for
3 election of trustees. The provisions of the general election
4 law shall apply to and govern the nomination and election of
5 trustees.
6     Nominations for members of the board of trustees shall be
7 made by a petition signed by at least 25 voters or 5% of the
8 voters, whichever is less, residing within the district and
9 shall be filed with the secretary of the board. In addition to
10 the requirements of general election law, the form of the
11 petition shall be as follows:
12
NOMINATING PETITIONS
13     To the Secretary of the Board of Trustees of (name of fire
14 protection district):
15     We, the undersigned, being (number of signatories or 10% or
16 more) of the voters residing within the district, hereby
17 petition that (name of candidate) who resides at (address of
18 candidate) in this district shall be a candidate for the office
19 of (office) of the Board of Trustees (full-term or vacancy) to
20 be voted for at the election to be held (date of election).
21     The secretary of the board shall notify each candidate for
22 whom a petition for nomination has been filed of their
23 obligations under the Campaign Financing Act, as required by
24 the general election law. The notice shall be given on a form
25 prescribed by the State Board of Elections and in accordance
26 with the requirements of the general election law.
27     The secretary shall, within 7 days of filing or on the last
28 day for filing, whichever is earlier, acknowledge to the
29 petitioner in writing his acceptance of the petition.
30     The provisions of Section 4 relating to eligibility, powers
31 and disabilities of trustees shall apply equally to elected
32 trustees.
33     Whenever a fire protection district determines to elect
34 trustees as provided in this Section, the trustees appointed

 

 

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1 pursuant to Section 4 shall continue to constitute the board of
2 trustees until the first Monday of the month following the
3 month of the first election of trustees. If the term of office
4 of any appointed trustees expires before the first election of
5 trustees, the authority which appointed that trustee under
6 Section 4 of this Act shall appoint a successor to serve until
7 a successor is elected and has qualified. The terms of all
8 appointed trustees in such district shall expire on the first
9 Monday of the month following the month of the first election
10 of trustees under this Section or when successors have been
11 elected and have qualified, whichever occurs later.
12 (Source: P.A. 90-358, eff. 1-1-98.)
 
13     (70 ILCS 705/16.08b new)
14     Sec. 16.08b. Emergency medical technician licensure. The
15 board of trustees of a fire protection district may require
16 that all firefighters hired on or after the effective date of
17 this amendatory Act of the 93rd General Assembly by any fire
18 department within the district must be licensed as an EMT-B,
19 EMT-I, or EMT-P under the Emergency Medical Services (EMS)
20 Systems Act.".