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Full Text of SB1051

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SB1051 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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SB1051 Engrossed
LRB104 05388 RTM 15417 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Emergency Services Districts Act is amended
5
by adding Section 6.5.1 as follows:

6

(70 ILCS 2005/6.5.1 new)
7

Sec. 6.5.1.
Seven-member board.
8

(a) Any board of trustees of an emergency services
9
district may provide for the establishment of a 7-member board
10
of trustees by adopting an ordinance to that effect.
11

(1) When such an ordinance has been adopted by an
12

appointed board, the appropriate appointing authority
13

shall, within 60 days of the date of the adoption of the
14

ordinance or proposition, appoint 2 additional trustees to
15

the board of trustees, one to hold office for 2 years and
16

one to hold office for 4 years from the second Monday of
17

December succeeding the next general election for members
18

of the General Assembly, and until their successors are
19

appointed and qualified. The lengths of the terms of these
20

2 additional members shall be determined by lot at the
21

first meeting of the board of trustees held after the 2
22

additional members take office. The 5 trustees already
23

holding office in the district shall continue to hold

SB1051 Engrossed
- 2 -
LRB104 05388 RTM 15417 b
1

office for the remainder of their respective terms.
2

Thereafter, the terms of the 2 additional members shall be
3

4 years. The appropriate appointing authority shall
4

appoint additional members as necessary to maintain a
5

7-member board of trustees.
6

(2) When such an ordinance has been adopted by an
7

elected board, then 2 trustees shall be elected at the
8

next consolidated election for trustees as provided in the
9

general election law and shall serve one for 2 years and
10

one for 4 years, the length of the term of each to be
11

determined by lot at the first board meeting following the
12

election. Thereafter, one trustee or 2 trustees, as
13

necessary to maintain a 7-member board of trustees, shall
14

be elected at the election provided by the general
15

election law for a term of 4 years. Trustees in office on
16

the effective date of this amendatory Act of the 104th
17

General Assembly shall continue to hold office for the
18

remainder of their terms. The term of each elected trustee
19

shall commence on the first Monday in the month following
20

his or her election, and each shall hold office until his
21

or her term expires and until a successor is elected and
22

qualified.
23

(b) Upon presentation of a petition to an elected or
24
appointed 5-member board of trustees, signed by not less than
25
5% of the electors of the district governed by the board,
26
requesting that a proposition to increase the board of

SB1051 Engrossed
- 3 -
LRB104 05388 RTM 15417 b
1
trustees to a 7-member board be submitted to the electors of
2
the district, the secretary of the board of trustees shall
3
certify the proposition to the appropriate election
4
authorities who shall submit the proposition at a regular
5
election in accordance with the general election law. The
6
proposition shall be in substantially the following form:
7
-------------------------------------------------------------

8

"Shall the number of trustees YES

9
of the Emergency Services District be
------------------------

10
increased from 5 to 7?" NO

11
----------

12

The election authority must record the votes as "Yes" or
13
"No".
14

If a majority of the votes cast on the proposition are in
15
the affirmative, the board of trustees of the district shall
16
thereafter be increased to a 7-member board and the 2
17
additional trustees shall be elected or appointed as provided
18
by this Section.
19

(c) Any appointed or elected board of trustees of an
20
emergency services district that has established a 7-member
21
board of trustees by ordinance under subsection (a) may
22
provide for a return to a 5-member board of trustees by
23
adopting an ordinance to that effect.
24

(1) When such an ordinance has been adopted by an
25

appointed board, the terms of the 7 persons serving on the
26

board at the time of the adoption of the ordinance shall be

SB1051 Engrossed
- 4 -
LRB104 05388 RTM 15417 b
1

terminated upon the adoption of the ordinance, except that
2

they shall continue to serve until the 5-member board
3

under this subsection has been selected and qualified. The
4

appropriate appointing authority shall appoint the
5

5-member board within 60 days after the adoption of the
6

ordinance. The appointments shall be made under Section 6
7

of this Act. Persons serving on the 7-member board shall
8

be eligible for appointment to the 5-member board under
9

this subsection.
10

(2) When such an ordinance has been adopted by an
11

elected board, the terms of the 7 persons serving on the
12

board at the time of the adoption of the ordinance shall be
13

terminated upon the adoption of the ordinance, except that
14

they shall continue to serve until the 5-member board
15

under this subsection has been elected and qualified. If
16

an ordinance is adopted to return to a 5-member board,
17

then the 5 trustees shall be elected at the next
18

consolidated election for trustees as provided in the
19

general election law. Persons serving on the 7-member
20

board shall be eligible for election to the 5-member board
21

under this subsection.
22

(d) Upon presentation of a petition, signed by not less
23
than 5% of the electors of the district governed by the board,
24
requesting that a proposition to decrease the board of
25
trustees to a 5-member board be submitted to the electors of
26
the district, the Secretary shall certify the proposition to

SB1051 Engrossed
- 5 -
LRB104 05388 RTM 15417 b
1
the appropriate election authorities who shall submit the
2
proposition for question at the next regular election in
3
accordance with the general election law.
4

The election authority must submit the question in
5
substantially the following form:
6
-------------------------------------------------------------

7

"Shall the number of trustees YES

8
of the Emergency Services District be
------------------------

9
decreased from 7 to 5?" NO

10
----------

11

The election authority must record the votes as "Yes" or
12
"No".
13

If a majority of the votes cast on the proposition are in
14
the affirmative, the board shall be decreased to a 5-member
15
board. The terms of the 7 persons serving on the board at the
16
time of the reduction of the number of members to 5 shall
17
terminate upon certification of the election results, except
18
that they shall continue to serve until the 5-member board is
19
appointed and qualified or elected and qualified.
20

In the case of an appointed board, the appointing
21
authority shall within 60 days after the certification of the
22
election results, appoint 5 trustees to the board in
23
accordance with Section 6 of this Act.
24

In the case of an elected board, 5 trustees shall be
25
elected at the next election at which the emergency services
26
district trustees are to be elected in accordance with general

SB1051 Engrossed
- 6 -
LRB104 05388 RTM 15417 b
1
election law. The terms of the trustees shall be determined by
2
lot at the first board meeting following the election.
3
Thereafter, the terms of all elected trustees shall be 4
4
years.

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