Bill Text: IL HB3910 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Uniform Peace Officers' Disciplinary Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3910 Detail]

Download: Illinois-2013-HB3910-Amended.html

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Rep. Sam Yingling

Filed: 3/27/2014

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AMENDMENT TO HOUSE BILL 3910
AMENDMENT NO. ______. Amend House Bill 3910 by replacing
everything after the enacting clause with the following:
"Section 5. The Fire Protection District Act is amended by
changing Section 4a as follows:
(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. Any fire protection district organized under
this Act that lies wholly within a county or counties with
500,000 or more inhabitants, based on the most recent federal
decennial census, may by referendum determine to have an
elected, rather than an appointed, board of trustees in the

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manner provided in the following item (3) of this Section.
(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.
(3) The appointed board of trustees of a fire

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protection district that lies wholly within a county or
counties with 500,000 or more inhabitants may, by ordinance
or resolution, direct the secretary of the board of
trustees to certify the proposition for the election of
trustees to the appropriate election authorities.
Alternatively, the secretary of the board of trustees shall
certify the proposition to the appropriate election
authorities upon presentation to the board of trustees a
petition signed by not less than 500 electors or 10% of the
electors, whichever is less, in the district requesting
that a proposition for the election of trustees be
submitted to the electors of the district. After receipt of
certification in either case, the election authorities
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

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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, 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.

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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

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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; 96-172, eff. 8-10-09.)".