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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0688eng
70 ILCS 705/4.02 from Ch. 127 1/2, par. 24.02
Amends the Fire Protection District Act. Provides that a
7-member board of trustees may be reduced to 3 or 5 members
upon approval at a referendum petitioned by the voters.
Provides transition procedures if the referendum is adopted.
Effective immediately.
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1 AN ACT to amend the Fire Protection District Act by
2 changing Section 4.02.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Fire Protection District Act is amended
6 by changing Section 4.02 as follows:
7 (70 ILCS 705/4.02) (from Ch. 127 1/2, par. 24.02)
8 Sec. 4.02. Seven-member boards.
9 (a) In a district governed by an elected or appointed
10 5-member board, upon presentation of a petition, signed by
11 not less than 5% of the electors of the district governed by
12 the board, requesting that a proposition to increase the
13 board of trustees to a 7-member board be submitted to the
14 electors of the district, the secretary of the board of
15 trustees shall certify the proposition to the appropriate
16 election authorities who shall submit the proposition at a
17 regular election in accordance with the general election law.
18 The general election law shall apply to and govern the such
19 election. The proposition shall be in substantially the
20 following form:
21 -------------------------------------------------------------
22 Shall the number of trustees YES
23 of ..... Fire Protection District ------------------------
24 be increased from 5 to 7? NO
25 -------------------------------------------------------------
26 If a majority of the votes cast on the such proposition
27 are in the affirmative, the board of trustees of the district
28 shall thereafter be increased to a 7-member board and the 2
29 additional trustees shall be appointed as provided by Section
30 4.01 in a district governed by an appointed board of
31 trustees.
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1 In a district governed by an elected 5-member board, if a
2 majority of the votes cast on the such proposition are in the
3 affirmative, 3 three trustees shall be elected at the next
4 nonpartisan election and shall serve one for 2 years, one for
5 4 years, and one for 6 years, the length of the term of each
6 to be determined by lot at the first board meeting following
7 the election. Thereafter, one trustee or 2 two trustees, as
8 necessary to maintain a 7-member board of trustees, shall be
9 elected at the election provided by the general election law
10 for a term of 6 years.
11 Trustees in office on the effective date of this
12 amendatory Act of 1987 shall continue to hold office for the
13 remainder of their terms. The term of each elected trustee
14 shall commence on the first Monday in the month following the
15 his election and each shall hold office until the his term
16 expires and until a successor is elected and qualified.
17 (b) In a fire protection district that has established a
18 7-member board of trustees under subsection (a), a petition
19 may be filed requesting that a proposition be submitted to
20 the district electors to reduce the board of trustees to a
21 3-member or 5-member board. Upon the presentation of the
22 petition signed by not less than 10% of the district
23 electors, the secretary of the board of trustees shall
24 certify the proposition to the appropriate election
25 authority. The election authority shall submit the
26 proposition at a regular election according to the Election
27 Code, and the Election Code shall govern the referendum.
28 The question shall be submitted in substantially the
29 following form:
30 Shall the number of trustees of the (insert name) Fire
31 Protection District be reduced from 7 to (insert "3" or
32 "5")?
33 The votes shall be recorded as "Yes" or "No".
34 If a majority of the electors voting on the question vote
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1 in the affirmative, then the district's board of trustees
2 shall be reduced to the number determined by the referendum.
3 (1) If the district board has appointed members,
4 then the appropriate appointing authority shall appoint
5 the members to the reduced board within 60 days after the
6 adoption of the referendum. The terms of the 7 trustees
7 previously appointed to the board shall terminate when
8 the reduced board of trustees has been appointed and
9 qualified. If the district voted to reduce the board to 3
10 members, then the appointments and terms shall be
11 governed by Section 4. If the district voted to reduce
12 the board to 5 members, then the appropriate appointing
13 authority shall appoint 5 trustees who are electors in
14 the district, not more than one of whom shall be from any
15 one municipality unless the municipality has more than
16 50% of the population in the district according to the
17 last preceding federal census. Beginning from the first
18 Monday of May next after their appointment and until
19 their successors have been appointed and qualified, 2
20 trustees shall have 3-year terms, 2 trustees shall have
21 2-year terms, and one trustee shall have a one-year term.
22 The trustees shall determine the lengths of their terms
23 by lot at the first meeting of the board. Thereafter,
24 before the second Monday in April of each year, the
25 appropriate appointing authority shall appoint one
26 trustee or 2 trustees as shall be necessary to maintain a
27 5-member board of trustees to 3-year terms commencing the
28 first Monday in May of the year in which they are
29 appointed.
30 (2) If the district board has elected members, then
31 the district shall elect and provide for the terms of the
32 determined number of trustees according to Section 4a.
33 After the election of the reduced board of trustees, any
34 previously elected trustees whose terms of office have
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1 not expired shall remain on the district board and have
2 the same powers and duties as other trustees, but their
3 offices shall be abolished upon the expiration of their
4 terms.
5 (Source: P.A. 85-535.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.