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Rep. Michael K. Smith
Filed: 10/15/2009
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09600SB0226ham003 |
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LRB096 08010 MJR 30087 a |
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| AMENDMENT TO SENATE BILL 226
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| AMENDMENT NO. ______. Amend Senate Bill 226, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The School Code is amended by changing Section |
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| 7-04 as follows:
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| (105 ILCS 5/7-04) (from Ch. 122, par. 7-04) |
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| Sec. 7-04. Districts in educational service regions of |
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| 2,000,000 or more
inhabitants. |
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| (a) In all proceedings under this Article to change by |
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| detachment,
annexation, division, dissolution, or any |
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| combination of those methods the
boundaries of any school |
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| district (other than a school district organized
under Article |
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| 34) located in an educational service region of 2,000,000 or
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| more inhabitants in which the regional board of school trustees |
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| is
abolished as provided in subsection (a) of Section 6-2, the |
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09600SB0226ham003 |
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LRB096 08010 MJR 30087 a |
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| trustees of
schools of the township in which that school |
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| district is located, as the
successor under subsection (b) of |
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| Section 6-2 to the former regional board
of school trustees |
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| with respect to all territory located in that school
township, |
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| shall have, exercise, and perform all powers, duties, and
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| responsibilities required under this Article to be exercised |
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| and performed
in those proceedings by a regional board of |
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| school trustees; provided that
if any school district affected |
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| by those proceedings is located in
a school township referred |
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| to in subsection (b) of Section 5-1 and there
are no trustees |
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| of schools acting in that township then the State Board of |
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| Education school board
of any such district, as the successor |
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| under subsection (b) of Section 6-2
to the former regional |
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| board of school trustees with respect to the
territory |
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| comprising that school district, shall have, exercise, and
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| perform all powers, duties, and responsibilities required |
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| under this
Article to be exercised and performed in those |
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| proceedings with respect to
the territory of that school |
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| district by a regional board of school
trustees; and provided |
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| further that: (i) when any school district affected
by those |
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| proceedings is located not only in an educational service |
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| region
of 2,000,000 or more inhabitants but also in 2 or more |
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| school townships in
that region that each have trustees of |
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| schools of the township, then the
boundaries of that school |
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| district may be changed under this Article by
detachment, |
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| annexation, division, dissolution, or any combination of those
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09600SB0226ham003 |
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LRB096 08010 MJR 30087 a |
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| methods only by the concurrent action of, taken following a |
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| joint hearing
before the trustees of schools of those townships |
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| (in that educational
service region) in which that school |
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| district is located; and (ii) if any
part of the school |
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| district referred to in item (i) of this subsection
also lies |
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| within an educational service region that has a regional board |
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| of
school trustees, the boundaries of that district may be |
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| changed under this
Article only by the concurrent action of, |
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| taken following a joint hearing
before the trustees of schools |
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| of the townships referred to in item (i) of
this subsection and |
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| the regional board of school trustees of the educational
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| service region referred to in this item (ii) of this |
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| subsection. Whenever
concurrent action and joint hearings are |
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| required under this subsection,
the original petition shall be |
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| filed with the trustees of schools of the
township in which the |
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| territory or greatest portion of the territory being
detached |
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| is located, or if the territory is being detached from more |
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| than
one educational service region then with the regional |
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| board of school
trustees of the region or the trustees of |
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| schools of the township in which
the territory or greatest |
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| portion of the territory being detached is located. |
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| (b) Except as otherwise provided in this Section, all other |
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| provisions
of this Article shall apply to any proceedings under |
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| this Article to change
the boundaries of any school district |
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| located in an educational service
region having 2,000,000 or |
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| more inhabitants in the same manner that those
provisions apply |
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LRB096 08010 MJR 30087 a |
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| to any proceedings to change the boundaries of any school
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| district located in any other educational service region; |
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| provided, that any
reference in those other provisions to the |
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| regional board of school trustees
shall mean, with respect to |
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| all territory within an educational service region
containing |
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| 2,000,000 or more inhabitants that formerly was served by a |
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| regional
board of school trustees abolished under subsection |
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| (a) of Section 6-2, the
trustees of schools of the township or |
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| the school board of the school district
that is the successor |
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| under subsection (b) of Section 6-2 to the former
regional |
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| board of school trustees with respect to the territory included |
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| within
that school township or school district or the State |
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| Board of Education when any school district affected by those |
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| proceedings is located in a school township referred to in |
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| subsection (b) of Section 5-1 and there are no trustees of |
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| schools acting in that township. |
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| (Source: P.A. 87-969.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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