HB3377 99TH GENERAL ASSEMBLY

LRB099 09496 NHT 29704 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3377

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

110 ILCS 805/3-7.13a new

Amends the Public Community College Act. Allows for the recall of a member of the board of trustees of a community college district through a petition and referendum and provides for a special successor election. 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 Public Community College Act is amended by adding Section 3-7.13a as follows:

(110 ILCS 805/3-7.13a new)

Sec. 3-7.13a. Recall of board member.

(a) The recall of a member of the board may be proposed by a petition signed by a number of electors equal in number to at least one-third of the average number of votes cast for victorious board members in the preceding election at which board members were elected. If only one board member was elected in the preceding applicable election, the number of signatures required shall be one-third of the number of votes cast for board members at that election. A petition shall have been signed by the petitioning electors who reside in the community college district not more than 90 days after an affidavit has been filed with the election authority in the same election jurisdiction in which the principal office of the community college district is located providing notice of intent to circulate a petition to recall the board member. The affidavit may be filed no sooner than 6 months after the beginning of the board member's term of office. The affidavit shall have been signed by the proponent of the recall petition.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be in accordance with the general election law. If the petition is valid and sufficient, the proper election authority shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name of trustee) be recalled from the office of trustee of the board of (name of community college district)?" must be submitted to the electors at the next election at which board members would be elected, unless the petition is submitted within 100 days before such election. If the petition is submitted within 100 days before such election, the recall question shall be submitted to the electors at the following election at which board members would be elected. A recall petition certified by the election authority may not be withdrawn and another recall petition may not be initiated against the board member during the remainder of the current term of office. Any recall petition or recall election pending on the date of the next regular election at which a candidate for board member is elected or for a board member who has resigned or otherwise vacated his or her seat is moot.

(c) If a petition to recall a board member has been filed with the election authority, a person eligible to serve as a board member may propose his or her candidacy by a petition as is required by the general election law for board candidates.

(d) The board member is immediately removed upon certification of the recall election results if a majority of the electors voting on the question vote to recall the board member. If the board member is removed, the candidate who receives the highest number of votes in the special successor election is elected board member for the remainder of the term.

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