HB4173 102ND GENERAL ASSEMBLY

LRB102 20956 CMG 29852 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4173

Introduced 10/19/2021, by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

105 ILCS 5/5-2	from Ch. 122, par. 5-2
105 ILCS 5/5-3	from Ch. 122, par. 5-3
105 ILCS 5/5-4	from Ch. 122, par. 5-4

Amends the Trustees of Schools Article of the School Code. With respect to the trustees of schools of Township 38 North, Range 12 East, provides that the school business of the township shall be transacted by 4 elected trustees and 3 trustees who are appointed by the school boards (or officers) of specified school districts (rather than 3 elected trustees). Allows an elected trustee and an appointed trustee to represent the same school district. Provides that any trustee, whether elected or appointed, may serve as an officer of the trustees of schools. Sets forth the procedures for the appointment and term of the 3 appointed trustees. Provides that no person shall be nominated for the office of trustee of schools in townships containing 20,000 inhabitants or over except by a petition signed by a least 5% or 500 of the voters of the school township who last cast votes in the most recent election, whichever is less (rather than except by a petition signed by at least 25 voters of the school township). Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Sections 5-2, 5-3, and 5-4 as follows:

(105 ILCS 5/5-2) (from Ch. 122, par. 5-2)

Sec. 5-2. Governing board.

(a) Except as otherwise provided in subsection (b), the The school business of all school townships having school trustees shall be transacted by three trustees, to be elected by the qualified voters of the township, as hereinafter provided in this Article 5.

(b) This subsection (b) applies only to the trustees of schools of Township 38 North, Range 12 East. The school business of the township shall be transacted by 4 trustees elected by the qualified voters of the township, as provided in this Article 5, and 3 trustees appointed by the school districts within the township, as provided in this subsection (b). An elected trustee and an appointed trustee may represent the same school district. Any trustee, whether elected or appointed, may serve as an officer of the trustees of schools.

The 3 trustees to be appointed shall each be appointed for a term of one year as follows:

(1) The school boards of Argo Community High School District 217, Summit School District 104, Willow Springs School District 108, and Indian Springs School District 109 shall collectively appoint one school board member as a trustee through a nomination process and by a majority vote or by consensus among the school boards. A trustee appointed under this paragraph (1) may be reappointed for a second term as provided under this paragraph (1). After the appointed term or reappointed term of the trustee expires, the school boards shall appoint a successor trustee pursuant to this paragraph (1).

(2) The school boards of Western Springs School District 101, La Grange School District 102, Lyons School District 103, La Grange School District 105 South, LaGrange Highlands School District 106, and Pleasantdale School District 107 shall collectively appoint one school board member as a trustee through a nomination process and by a majority vote or by consensus among the school boards. A trustee appointed under this paragraph (2) may be reappointed for a second term as provided under this paragraph (2). After the appointed term or reappointed term of the trustee expires, the school boards shall appoint a successor trustee pursuant to this paragraph (2).

(3) Each year, among the school board presidents of the school districts within the township, one school board president shall be selected through a nomination process and by a majority vote to appoint a trustee. If no president of a school board is nominated, another officer of one of the school boards may be nominated. For the even-numbered year term, a trustee appointed under this paragraph (3) must be from a feeder elementary school district for Argo Community High School District 217, and, for the odd-numbered year term, a trustee appointed under this paragraph (3) must be from a feeder elementary school district for Lyons Township High School District 204.

(c) The trustees shall be a body politic and corporate, by the name of "trustees of schools of township No. ...., range No. ....," according to the number, or in case of school townships created from two or more congressional townships, such name shall be "trustees of .... township .... county, Illinois." Such corporation shall have perpetual existence, with power to sue and be sued, and to plead and be impleaded, in all courts and places where judicial proceedings are had.

(Source: Laws 1961, p. 31.)

(105 ILCS 5/5-3) (from Ch. 122, par. 5-3)

Sec. 5-3. Eligibility of trustees. No person shall be eligible to the office of trustee of schools who is not a resident of the township and at least 18 years of age. If there are 3 or more school districts in a township which are subject to the jurisdiction of the trustees of schools of that township, no 2 trustees shall reside, when elected, in the same school district; except that in townships in which at least 90% of the electors reside in one school district which is subject to the jurisdiction of the trustees of schools of that township, this restriction shall not apply. No person shall be eligible to the office of trustee of schools and school director or school board member at the same time.

This Section does not apply to trustees appointed under subsection (b) of Section 5-2.

(Source: P.A. 86-1441.)

(105 ILCS 5/5-4) (from Ch. 122, par. 5-4)

Sec. 5-4. Election of trustees. The election of trustees of schools shall be held in odd-numbered years at the election specified in the general election law. In townships in which no election for school trustees has been held, or in townships in which from any cause there are no trustees of schools and the law requires that there be school trustees, the election of trustees of schools shall be held at the same time.

No person shall be nominated for the office of trustee of schools, in townships containing 20,000 inhabitants or over, except by petition signed by at least 5% or 500 of the twenty-five voters of the school township in which the person he is seeking nomination and election who last cast votes in the most recent election, whichever is less, filed with the township treasurer, or, in case of a first election, with the county clerk.

A candidate for election as a school trustee, who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election, must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration, which shall be signed and acknowledged by an officer authorized to take such acknowledgments and which is filed with the township treasurer in the township in which he or she is a candidate within the time provided by the general election law.

(Source: P.A. 80-1469.)

Section 99. Effective date. This Act takes effect upon becoming law.