Illinois General Assembly - Full Text of SB3808
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Full Text of SB3808  101st General Assembly

SB3808 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3808

 

Introduced 2/14/2020, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 805/7-1  from Ch. 122, par. 107-1
110 ILCS 805/7-2  from Ch. 122, par. 107-2
110 ILCS 805/7-2.1 new
110 ILCS 805/7-2.2 new
110 ILCS 805/7-2.3 new
110 ILCS 805/7-3  from Ch. 122, par. 107-3

    Amends the Public Community College Act. Provides for a new board of trustees of the City Colleges of Chicago beginning with the 2023 consolidated election. Sets forth provisions concerning nominating petitions and ballots. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Provides that the City of Chicago trustee districts must be drawn on or before May 31, 2022. Provides that in the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of each decennial census. Makes other changes. Effective immediately.


LRB101 19606 CMG 69084 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3808LRB101 19606 CMG 69084 b

1    AN ACT concerning higher education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Community College Act is amended by
5changing Sections 7-1, 7-2, and 7-3 and by adding Sections
67-2.1, 7-2.2, and 7-2.3 as follows:
 
7    (110 ILCS 805/7-1)  (from Ch. 122, par. 107-1)
8    Sec. 7-1. This Article applies only to community college
9districts in cities having a population of 500,000 or more
10inhabitants. Each such community college district shall
11maintain a system of community colleges under the charge of a
12board, which is appointed as provided in Section 7-2. Except as
13otherwise provided in this Article, such a community college
14district and its board have all the rights, duties, powers and
15responsibilities and are subject to the same limitations as are
16provided for other community college districts in this Act, as
17now or hereafter amended.
18(Source: P.A. 78-669.)
 
19    (110 ILCS 805/7-2)  (from Ch. 122, par. 107-2)
20    Sec. 7-2. (a) This subsection (a) applies until May 9,
212023. The board shall consist of 7 members, appointed by the
22mayor with the approval of the city council. Prior to the

 

 

SB3808- 2 -LRB101 19606 CMG 69084 b

1expiration of the term of any member his successor shall be
2appointed in like manner and shall hold office for a term of 3
3years from July 1 of the year in which he is appointed and
4until his successor is appointed and qualified. Any vacancy in
5the membership of the board shall be filled through appointment
6by the mayor, with the approval of the city council, for the
7unexpired term. If any appointee fails to qualify within 30
8days after his appointment, the office shall be filled by a new
9appointment for the unexpired term. To be eligible for
10appointment to a board under this Section, a person must
11possess the same qualifications and meet the same requirements
12as are prescribed by this Act for members of an elected board
13of a community college district.
14    (b) Notwithstanding the provisions of Section 3-7 of this
15Act, the terms of all members of the board appointed under
16subsection (a) are abolished when the new board, consisting of
1721 members, is elected by the electors of the community college
18district as provided in this subsection (b) and takes office.
19    Beginning with the 2023 consolidated election, each member
20shall be elected for a term of 4 years and until the member's
21successor is elected and has qualified. After the 2023
22consolidated election, each member shall be elected for a term
23of 4 years, commencing on the second Tuesday in May of the year
24in which the member is elected, and until the member's
25successor is elected and has qualified. For purposes of
26elections conducted pursuant to this subsection (b), the City

 

 

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1of Chicago shall be subdivided into 20 trustee districts by the
2General Assembly for seats on the board, as provided under
3Section 7-2.3 of this Act. Each district shall be represented
4by a member, and one member shall be elected at large and serve
5as the president of the board. To be eligible for election or
6appointment to a board under this Section, a person must
7possess the same qualifications and meet the same requirements
8as are prescribed by this Act for members of an elected board
9of a community college district. A person is ineligible for
10election or appointment to a board under this Section if that
11person is an employee of a community college district within
12the city.
13    (c) No member shall have or be an employee or owner of a
14company that has a contract with a community college within the
15city. No former officer, member, or employee of the board
16shall, within a period of one year immediately after
17termination of service on the board, knowingly accept
18employment or receive compensation or fees for services from a
19person or entity if the officer, member, or employee, during
20the year immediately preceding termination of service on the
21board, participated personally and substantially in the award
22of contracts with the board, community college district, or
23community colleges within the city, or the issuance of contract
24change orders with the board or the community college district,
25or community college within the city, with a cumulative value
26of $25,000 or more to the person, the entity, or the entity's

 

 

SB3808- 4 -LRB101 19606 CMG 69084 b

1parent or subsidiary.
2    (d) Whenever a vacancy occurs, the remaining members shall
3fill the vacancy, and the person so appointed shall serve until
4a successor is elected at the next regular election for board
5members and is certified in accordance with Sections 22-17 and
622-18 of the Election Code. If the remaining members fail to
7fill the vacancy within 60 days after the vacancy occurs, the
8chairman of the State Board shall fill that vacancy, and the
9person so appointed shall serve until a successor is elected at
10the next regular election for board members and is certified in
11accordance with Sections 22-17 and 22-18 of the Election Code.
12The person appointed to fill a vacancy shall have the same
13residential qualifications as his or her predecessor in office
14was required to have. However, in either instance, if the
15vacancy occurs with more than 28 months remaining until the
16term expires, the appointed member shall serve only until a
17successor is elected and qualified at the next scheduled
18election.
19(Source: P.A. 78-669.)
 
20    (110 ILCS 805/7-2.1 new)
21    Sec. 7-2.1. Nomination petitions. Notwithstanding Section
223-7.10 of this Act, in addition to the requirements of the
23general election law, the form of petitions under this Section
24shall be substantially as follows:
25
NOMINATING PETITIONS

 

 

SB3808- 5 -LRB101 19606 CMG 69084 b

1
(LEAVE OUT THE INAPPLICABLE PART.)
2    To the Board of Election Commissioners for the City of
3Chicago:
4    We the undersigned, being (.... or more) of the voters
5residing within said district, hereby petition that .... who
6resides at .... in the City of Chicago shall be a candidate for
7the office of .... of the Board of Trustees of the City
8Colleges of Chicago, Illinois Community College District No.
9508, (full term) (vacancy) to be voted for at the election to
10be held on (insert date).
11    Name: .................. Address: ...................
12    In the designation of the name of a candidate on a petition
13for nomination, the candidate's given name or names, initial or
14initials, a nickname by which the candidate is commonly known,
15or a combination thereof may be used in addition to the
16candidate's surname. If a candidate has changed his or her
17name, whether by a statutory or common law procedure in
18Illinois or any other jurisdiction, within 3 years before the
19last day for filing the petition, then (i) the candidate's name
20on the petition must be followed by "formerly known as (list
21all prior names during the 3-year period) until name changed on
22(list date of each such name change)" and (ii) the petition
23must be accompanied by the candidate's affidavit stating the
24candidate's previous names during the period specified in
25clause (i) and the date or dates each of those names was
26changed; failure to meet these requirements shall be grounds

 

 

SB3808- 6 -LRB101 19606 CMG 69084 b

1for denying certification of the candidate's name for the
2ballot, but these requirements do not apply to name changes
3resulting from adoption to assume an adoptive parent's or
4parents' surname, marriage to assume a spouse's surname, or
5dissolution of marriage or declaration of invalidity of
6marriage to assume a former surname. No other designation, such
7as a political slogan, as defined by Section 7-17 of the
8Election Code, title or degree, or nickname suggesting or
9implying possession of a title, degree or professional status,
10or similar information may be used in connection with the
11candidate's surname.
12    All petitions for the nomination of members of the board
13shall be filed with the board of election commissioners of the
14jurisdiction in which the principal office of the community
15college district is located within the time provided for by the
16general election law. The board of election commissioners shall
17receive and file only those petitions that include a statement
18of candidacy, the required number of voter signatures, the
19notarized signature of the petition circulator, and a receipt
20from the County Clerk showing that the candidate has filed a
21statement of economic interest on or before the last day to
22file as required by the Illinois Governmental Ethics Act. The
23board of election commissioners may have petition forms
24available for issuance to potential candidates and may give
25notice of the petition filing period by publication in a
26newspaper of general circulation within the community college

 

 

SB3808- 7 -LRB101 19606 CMG 69084 b

1district not less than 10 days prior to the first day of
2filing. The board of election commissioners shall make
3certification to the proper election authorities in accordance
4with the general election law.
5    The board of election commissioners of the jurisdiction in
6which the principal office of the community college district is
7located shall notify the candidates for whom a petition for
8nomination is filed or the appropriate committee of the
9obligations under the Campaign Financing Act as provided in the
10general election law. Such notice shall be given on a form
11prescribed by the State Board of Elections and in accordance
12with the requirements of the general election law. The board of
13election commissioners shall within 7 days of filing or on the
14last day for filing, whichever is earlier, acknowledge to the
15petitioner in writing the office's acceptance of the petition.
16    A candidate for membership on the board who has petitioned
17for nomination to fill a full term and to fill a vacant term to
18be voted upon at the same election must withdraw his or her
19petition for nomination from either the full term or the vacant
20term by written declaration.
21    Nomination petitions are not valid unless the candidate
22named therein files with the board of election commissioners a
23receipt from the county clerk showing that the candidate has
24filed a statement of economic interests as required by the
25Illinois Governmental Ethics Act. Such receipt shall be so
26filed either previously during the calendar year in which his

 

 

SB3808- 8 -LRB101 19606 CMG 69084 b

1or her nomination papers were filed or within the period for
2the filing of nomination papers in accordance with the general
3election law.
 
4    (110 ILCS 805/7-2.2 new)
5    Sec. 7-2.2. Ballots. The board of election commissioners of
6the jurisdiction in which the principal office of the community
7college district is located shall conduct a lottery to
8determine the ballot order of candidates for full terms in the
9event of any simultaneous petition filings. Such candidate
10lottery shall be conducted as follows:
11    All petitions filed by persons waiting in line as of 8:00
12a.m. on the first day for filing, or as of the normal opening
13hour of the office involved on such day, shall be deemed
14simultaneously filed as of 8:00 a.m. or the normal opening
15hour, as the case may be. Petitions filed by mail and received
16after midnight of the first day for filing and in the first
17mail delivery or pickup of that day shall be deemed
18simultaneously filed as of 8:00 a.m. of that day or as of the
19normal opening hour of such day, as the case may be. All
20petitions received thereafter shall be deemed filed in the
21order of actual receipt. However, 2 or more petitions filed
22within the last hour of the filing deadline shall be deemed
23filed simultaneously.
24    Where 2 or more petitions are received simultaneously for
25the same office as of 8:00 a.m. on the first day for petition

 

 

SB3808- 9 -LRB101 19606 CMG 69084 b

1filing or as of the normal opening hour of the office of the
2board of election commissioners with whom such petitions are
3filed, the board of election commissioners shall break ties and
4determine the order of filing by means of a lottery or other
5fair and impartial method of random selection. Such lottery
6shall be conducted within 9 days following the last day for
7petition filing and shall be open to the public. Seven days
8written notice of the time and place of conducting such random
9selection shall be given by the board of election commissioners
10to all candidates who filed their petitions simultaneously and
11to each organization of citizens within the election
12jurisdiction that was entitled, under the general election law,
13at the next preceding election, to have poll watchers present
14on the day of election. The board of election commissioners
15shall post in a conspicuous, open, and public place, at the
16entrance of his or her office, notice of the time and place of
17such lottery.
18    All candidates shall be certified in the order in which
19their petitions have been filed and in the manner prescribed by
20Section 10-15 of the Election Code. Where candidates have filed
21simultaneously, they shall be certified in the order prescribed
22by this Section and prior to candidates who filed for the same
23office at a later time.
24    Where elections are conducted for unexpired terms, a second
25lottery to determine ballot order shall be conducted for
26candidates who simultaneously file petitions for such

 

 

SB3808- 10 -LRB101 19606 CMG 69084 b

1unexpired terms. Such lottery shall be conducted in the same
2manner as prescribed by this Section for full term candidates.
3    Ballots for the election of board members shall be in the
4following form:
 
5(BALLOT FORMAT
6    Ballot position for candidates shall be determined by the
7order of petition filing or lottery held pursuant to this
8Section.
9    The community college district is divided into 20 trustee
10districts, each of which elects one member to the board and
11votes on one member to serve at-large.)
12
OFFICIAL BALLOT
13
DISTRICT ....... (1 through 20)
14
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
15
CHICAGO TO SERVE
16
A FULL 4-YEAR TERM
17
VOTE FOR ONE
18
( ) .....................................
19
( ) .....................................
20
( ) .....................................
21
OFFICIAL BALLOT
22
AT LARGE
23
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
24
CHICAGO TO SERVE
25
A FULL 4-YEAR TERM

 

 

SB3808- 11 -LRB101 19606 CMG 69084 b

1
VOTE FOR ONE
2
( ) .....................................
3
( ) .....................................
4
( ) .....................................
5
REVERSE SIDE:
6
OFFICIAL BALLOT
7
DISTRICT ....... (1 through 20)
8
(Precinct name or number)
9
Community College District No. ......, ........... County,
10
Illinois
11
Election Tuesday (insert date)
12
(facsimile signature of Election Authority)
13
(County)

 
14    (110 ILCS 805/7-2.3 new)
15    Sec. 7-2.3. Creation of trustee districts; reapportionment
16of districts.
17    (a) For purposes of elections conducted pursuant to
18subsection (b) of Section 7-2 of this Act, the City of Chicago
19shall be subdivided into 20 trustee districts after the
20effective date of this amendatory Act of the 101st General
21Assembly by the General Assembly for seats on the board. The
22trustee districts must be drawn on or before May 31, 2022. Each
23trustee district must be compact, contiguous, and
24substantially equal in population.
25    (b) In the year following each decennial census, the

 

 

SB3808- 12 -LRB101 19606 CMG 69084 b

1General Assembly shall redistrict the trustee districts to
2reflect the results of the decennial census consistent with the
3requirements in subsection (a). The reapportionment plan shall
4be completed and formally approved by the General Assembly not
5less than 90 days before the last date established by law for
6the filing of nominating petitions for the second board
7election after the decennial census year. If by reapportionment
8a board member no longer resides within the trustee district
9from which the member was elected, the member shall continue to
10serve in office until the expiration of the member's regular
11term. All new members shall be elected from the trustee
12districts as reapportioned.
 
13    (110 ILCS 805/7-3)  (from Ch. 122, par. 107-3)
14    Sec. 7-3. The organization of the board and election of
15officers for the a board appointed under Section 7-2 shall be
16conducted in accordance with the general election law and this
17Act.
18(Source: P.A. 81-1489.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.