HB5044 93RD GENERAL ASSEMBLY

LRB093 18329 NHT 44035 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5044

Introduced 02/05/04, by Mike Boland

SYNOPSIS AS INTRODUCED:

105 ILCS 5/11A-8	from Ch. 122, par. 11A-8
105 ILCS 5/11B-7	from Ch. 122, par. 11B-7

Amends the School Code concerning the organization of unit and combined school districts. Provides that referenda to elect board members at large must pass by a majority of those voting at the election in each congressional township of more than 100 inhabitants (now, in each congressional township, including those of less than 100 inhabitants). Effective immediately.

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 11A-8 and 11B-7 as follows:

(105 ILCS 5/11A-8) (from Ch. 122, par. 11A-8)

Sec. 11A-8. Passage requirements.

(a) Except as otherwise provided by Section 11A-7, the proposition to create a community unit school district shall be submitted only to the voters of the territory which comprises the proposed community unit school district, and if a majority of the voters in each of the affected school districts voting at such election vote in favor of the establishment of such community unit school district, the proposition shall be deemed to have passed. Unless the board of education of a new community unit school district is elected at the same election at which the proposition establishing that district is deemed to have passed, the regional superintendent of schools shall order an election to be held on the next regularly scheduled election date for the purpose of electing a board of education for that district. In either event, the board of education elected for a new community unit school district created under this Article shall consist of 7 members who shall have the terms and the powers and duties of school boards as defined in Article 10 of this Act. Nomination papers filed under this Section are not valid unless the candidate named therein files with the regional superintendent a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such statement shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. The regional superintendent shall perform the election duties assigned by law to the secretary of a school board for such election, and shall certify the officers and candidates therefor pursuant to the general election law.

(b) Except as otherwise provided in subsection (c), for school districts formed before January 1, 1975, if the territory of such district is greater than 2 congressional townships or 72 square miles, then not more than 3 board members may be selected from any one congressional township, but congressional townships of less than 100 inhabitants shall not be considered for the purpose of such mandatory board representation, and in any such community unit district where at least 75% but not more than 90% of the population is in one congressional township 4 board members shall be selected therefrom and 3 board members shall be selected from the rest of the district, but in any such community unit district where more than 90% of the population is in one congressional township all board members may be selected from one or more congressional townships; and whenever the territory of any community unit district shall consist of not more than 2 congressional townships or 72 square miles, but shall consist of more than one congressional township, or 36 square miles, outside of the corporate limits of any city, village or incorporated town within the school district, not more than 5 board members shall be selected from any city, village or incorporated town in such school district.

(c) The provisions of subsection (b) for mandatory board representation shall no longer apply to a community unit school district formed prior to January 1, 1975, and the members of the board of education shall be elected at large from within that school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district:

(1) A proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (b) for mandatory board representation is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (c).

(2) A majority of those voting at the election in each congressional township of more than 100 inhabitants comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition.

The board of education of the school district may by resolution order submitted or, upon the petition of the lesser of 2,500 or 5% of the school district's registered voters, shall order submitted to the school district's voters at a regular school election or at the general election the proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (b) for mandatory board representation; and the proposition shall thereupon be certified by the board's secretary for submission. If a majority of those voting at the election in each congressional township of more than 100 inhabitants comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition: (i) the proposition to elect board members at large and without restriction by area of residence within the district shall be deemed to have passed, (ii) new members of the board shall be elected at large and without restriction by area of residence within the district at the next regular school election, and (iii) the terms of office of the board members incumbent at the time the proposition is adopted shall expire when the new board members that are elected at large and without restriction by area of residence within the district have organized in accordance with Section 10-16. In a community unit school district that formerly elected its members under subsection (b) to successive terms not exceeding 4 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 4 years, and in a community unit school district that formerly elected its members under subsection (b) to successive terms not exceeding 6 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 6 years; provided, that in each case the terms of the board members initially elected at large and without restriction by area of residence within the district as provided in this subsection shall be staggered and determined in accordance with the provisions of Sections 10-10 and 10-16.

(Source: P.A. 89-129, eff. 7-14-95.)

(105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7)

Sec. 11B-7. Passage requirements.

(a) Except as otherwise provided in subsection (a-5) of this Section, if a majority of the electors voting at such election held within the territory of the proposed combined school district vote in favor of the establishment of such combined school district, the proposition shall be deemed to have passed. Unless the board of education of a new combined school district is elected at the same election at which the proposition establishing that district is deemed to have passed, the regional superintendent of schools shall order an election to be held on the next regularly scheduled election date for the purpose of electing a board of education for that district. In either event, the board of education elected for a new combined school district created under this Article shall consist of 7 members who shall have the terms and the powers and duties of school boards as defined in Article 10 of this Act, except that the initial members of the board of education of a new combined school district to which the provisions of subsection (a-5) apply shall be elected to serve terms as provided in subsection (a-5) of this Section. Nomination papers filed under this Section are not valid unless the candidate named therein files with the regional superintendent a receipt from the county clerk showing that the candidate has filed a statement of economic interest as required by the Illinois Governmental Ethics Act. Such statement shall be so filed either previously during the calendar year in which his nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. The regional superintendent shall perform the election duties assigned by law to the secretary of a school board for such election, and shall certify the officers and candidates therefor pursuant to the general election law.

(a-5) If a petition is filed under this Article to form a combined school district from 2 contiguous, entire elementary school districts (both of which districts are located in a county with a population in excess of 175,000, one of which districts has an enrollment for the 1996-1997 school year of not less than 70 nor more than 75 pupils and not less than 340 nor more than 350 registered voters on the effective date of this amendatory Act of 1997, and the other of which districts has an enrollment for the 1996-1997 school year of not less than 275 nor more than 280 pupils and not less than 1600 nor more than 1610 registered voters on the effective date of this amendatory Act of 1997), and if the proposition to establish that combined school district is submitted to the voters at the nonpartisan election in November of 1997 or at any regular scheduled election during calendar year 1998, then the proposition shall be deemed to have passed if and only if a majority of the voters in each of the 2 affected elementary school districts voting at the election vote in favor of the establishment of the combined school district. At the election at which the initial members of the board of education of the new combined school district are elected (whether they are elected at the same election at which the proposition establishing the combined school district is deemed to have passed or at the next regularly scheduled election), one shall be elected at large from within the territory that is to comprise the combined school district, 3 shall be elected by area of residence within the territory that, until the combined school district is established, comprises one of the affected elementary school districts that forms part of the combined school district, and 3 shall be elected by area of residence within the territory that, until the combined school district is established, comprises the other affected elementary school district that forms the remainder of the combined school district. All 7 of the initial board members shall serve for unstaggered terms that expire when their successors are elected and have organized in accordance with Section 10-16. The immediate successors in office of the initial board members of the combined school district shall be elected at the regular school election held in calendar year 2001. Those immediate successors and their successors in office shall be elected at large from within the combined school district and without restriction by area of residence for a term of 4 years; provided that the terms of the board members elected at the regular school election held in calendar year 2001 shall be staggered and determined in accordance with the provisions of Section 10-16.

(b) Except as otherwise provided in subsection (c), for school districts formed before July 1, 1983, if the territory of such district is greater than 2 congressional townships or 72 square miles, then not more than 3 board members may be selected from any one congressional township, but congressional townships of less than 100 inhabitants shall not be considered for the purpose of such mandatory board representation, and in any such combined school district where at least 75% but not more than 90% of the population is in one congressional township 4 board members shall be selected therefrom and 3 board members shall be selected from the rest of the district, but in any such combined school district where more than 90% of the population is in one congressional township all board members may be selected from one or more congressional townships; and whenever the territory of any combined school district shall consist of not more than 2 congressional townships or 72 square miles, but shall consist of more than one congressional township, or 36 square miles, outside of the corporate limits of any city, village or incorporated town within the school district, not more than 5 board members shall be selected from any city, village or incorporated town in such school district.

(c) The provisions of subsection (b) for mandatory board representation shall no longer apply to a combined school district formed before July 1, 1983 or to community consolidated school districts, and the members of the board of education shall be elected at large from within the school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district:

(1) A proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (b) for mandatory board representation is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (c).

(2) A majority of those voting at the election in each congressional township of more than 100 inhabitants comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition.

The board of education of the school district may by resolution order submitted or, upon the petition of the lesser of 2,500 or 5% of the school district's registered voters, shall order submitted to the school district's voters at a regular school election or at the general election the proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (b) for mandatory board representation; and the proposition shall thereupon be certified by the board's secretary for submission. If a majority of those voting at the election in each congressional township of more than 100 inhabitants comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition: (i) the proposition to elect board members at large and without restriction by area of residence within the district shall be deemed to have passed, (ii) new members of the board shall be elected at large and without restriction by area of residence within the district at the next regular school election, and (iii) the terms of office of the board members incumbent at the time the proposition is adopted shall expire when the new board members that are elected at large and without restriction by area of residence within the district have organized in accordance with Section 10-16. In a combined school district or a community consolidated school district that formerly elected its members under subsection (b) to successive terms not exceeding 4 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 4 years, and in a combined school district that formerly elected its members under subsection (b) to successive terms not exceeding 6 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 6 years; provided, that in each case the terms of the board members initially elected at large and without restriction by area of residence within the district as provided in this subsection shall be staggered and determined in accordance with the provisions of Sections 10-10 and 10-16.

(Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95; 90-459, eff. 8-17-97.)

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