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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3093
Introduced 2/22/2005, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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105 ILCS 5/10-10 |
from Ch. 122, par. 10-10 |
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Amends the School Code. Makes a technical change in a Section concerning
boards of education.
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A BILL FOR
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HB3093 |
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LRB094 06158 NHT 36223 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section |
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| 10-10 as follows:
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| (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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| Sec. 10-10. Board of education; Term; Vacancy. All school |
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| districts
having a population of not fewer than 1,000 and
and
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| not more than 500,000
inhabitants, as ascertained by any |
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| special or general census, and not
governed by special Acts, |
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| shall be governed by a board of education
consisting of 7 |
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| members, serving without compensation except as herein
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| provided. Each member shall be elected for a term of 4 years |
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| except as
otherwise provided in subsection (a-5) of Section |
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| 11B-7 for the initial members
of the board of education of a |
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| combined school district to which that
subsection applies. If 5 |
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| members are elected in 1983 pursuant to the extension
of terms |
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| provided by
law for transition to the consolidated election |
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| schedule under the general
election law, 2 of those members |
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| shall be elected to serve terms of 2 years
and 3 shall be |
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| elected to serve terms of 4 years; their successors shall
serve |
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| for a 4 year term. When the voters of a district have voted to |
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| elect
members of the board of education for 6 year terms, as |
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| provided in Section
9-5, the terms of office of members of the |
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| board of education of that
district expire when their |
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| successors assume office but not later than 7
days after such |
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| election. If at the regular school election held in the
first |
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| odd-numbered year after the determination to elect members for |
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| 6 year
terms 2 members are elected, they shall serve for a 6 |
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| year term; and of the
members elected at the next regular |
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| school election 3 shall serve for a
term of 6 years and 2 shall |
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| serve a term of 2 years. Thereafter members
elected in such |
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HB3093 |
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LRB094 06158 NHT 36223 b |
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| districts shall be elected to a 6 year term. If at the
regular |
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| school election held in the first odd-numbered year after the
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| determination to elect members for 6 year terms 3 members are |
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| elected, they
shall serve for a 6 year term; and of the members |
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| elected at the next
regular school election 2 shall serve for a |
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| term of 2 years and 2 shall
serve for a term of 6 years. |
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| Thereafter members elected in such districts
shall be elected |
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| to a 6 year term. If at the regular school election held
in the |
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| first odd-numbered year after the determination to elect |
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| members for
6 year terms 4 members are elected, 3 shall serve |
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| for a term of 6 years and
one shall serve for a term of 2 years; |
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| and of the members elected at the
next regular school election |
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| 2 shall serve for terms of 6 years and 2 shall
serve for terms |
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| of 2 years. Thereafter members elected in such districts
shall |
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| be elected to a 6 year term. If at the regular school election |
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| held
in the first odd-numbered year after the determination to |
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| elect members for
a 6 year term 5 members are elected, 3 shall |
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| serve for a term of 6 years
and 2 shall serve for a term of 2 |
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| years; and of the members elected at the
next regular school |
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| election 2 shall serve for terms of 6 years and 2 shall
serve |
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| for terms of 2 years. Thereafter members elected in such |
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| districts
shall be elected to a 6 year term. An election for |
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| board members shall not
be held in school districts which by |
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| consolidation, annexation or otherwise
shall cease to exist as |
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| a school district within 6 months after the
election date, and |
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| the term of all board members which would otherwise
terminate |
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| shall be continued until such district shall cease to exist. |
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| Each
member, on the date of his or her election, shall be a
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| citizen of the United
States of the age of 18 years or over, |
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| shall be a resident of the State and
the
territory of the |
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| district for at least one year immediately preceding his or
her
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| election, shall be a registered voter as provided in the |
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| general election
law,
shall not be a school trustee or a school |
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| treasurer, and shall not be a child
sex offender as defined in |
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| Section 11-9.3 of the
Criminal Code of 1961. When the board of
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| education is the successor of the school directors, all rights |
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HB3093 |
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LRB094 06158 NHT 36223 b |
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| of property,
and all rights regarding causes of action existing |
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| or vested in such
directors, shall vest in it as fully as they |
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| were vested in the school
directors. Terms of members are |
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| subject to Section 2A-54 of the Election Code. |
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| Nomination papers filed under this Section are not valid |
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| unless the candidate
named therein files with the secretary of |
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| the board of education or with
a person designated by the board |
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| to receive nominating petitions a receipt
from the county clerk |
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| showing that the candidate has filed a statement of
economic |
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| interests as required by the Illinois Governmental Ethics Act.
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| Such receipt shall be so filed either previously during the |
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| calendar year
in which his nomination papers were filed or |
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| within the period for the filing
of nomination papers in |
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| accordance with the general election law.
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| Whenever a vacancy occurs, the remaining members shall |
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| notify the
regional superintendent of that vacancy within 5 |
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| days after its occurrence
and shall proceed to fill the vacancy |
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| until the next regular school
election, at which election a |
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| successor shall be elected to serve the
remainder of the |
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| unexpired term. However, if the vacancy occurs with less
than |
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| 868 days remaining in the term, or if the vacancy occurs
less |
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| than 88
days before the next regularly scheduled election for |
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| this office then the
person so appointed shall serve the |
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| remainder of the unexpired term, and no
election to fill the |
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| vacancy shall be held. Should they fail so to
act, within 45 |
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| days after the vacancy occurs, the regional superintendent
of |
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| schools under whose supervision and control the district is |
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| operating,
as defined in Section 3-14.2 of this Act, shall |
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| within 30 days after the
remaining members have failed to fill |
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| the vacancy, fill the vacancy as
provided for herein. Upon the |
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| regional superintendent's failure to fill the
vacancy, the |
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| vacancy shall be filled at the next regularly scheduled
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| election. Whether elected or appointed by the remaining members |
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| or regional
superintendent, the successor shall be an |
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| inhabitant of the particular area
from which his or her |
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| predecessor was elected if the residential requirements
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