Full Text of SB1853 94th General Assembly
SB1853ham002 94TH GENERAL ASSEMBLY
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Rep. Mark H. Beaubien Jr.
Filed: 5/24/2005
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LRB094 05832 NHT 46926 a |
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| AMENDMENT TO SENATE BILL 1853
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| AMENDMENT NO. ______. Amend Senate Bill 1853 on page 1, | 3 |
| line 5, after "1B-8," by inserting "1E-25, 1E-35,"; and
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| on page 8, immediately below line 35, by inserting the | 5 |
| following:
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| "(105 ILCS 5/1E-25)
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| Sec. 1E-25. General powers. The purposes of the Authority | 8 |
| shall be
to exercise financial control over the district and to | 9 |
| furnish financial
assistance so that the district can provide | 10 |
| public education within the
district's jurisdiction while | 11 |
| permitting the district to meet its obligations
to its | 12 |
| creditors and the holders of its debt. Except as
expressly | 13 |
| limited by this Article, the Authority shall have all powers
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| granted to a voluntary or involuntary Financial Oversight Panel | 15 |
| and to
a Financial Administrator under Article 1B of this Code | 16 |
| and all other powers
necessary to meet its responsibilities and | 17 |
| to carry out its purposes
and the purposes of this Article, | 18 |
| including without limitation all of the
following powers,
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| provided that the Authority shall have no power to violate any | 20 |
| statutory
provision, to impair any contract or obligation of | 21 |
| the district, or to
terminate any employee without following | 22 |
| the statutory procedures for
such terminations set forth in | 23 |
| this Code:
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| (1) To sue and to be sued.
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| (2) To make and execute contracts, leases, subleases | 2 |
| and all other
instruments or agreements necessary or | 3 |
| convenient for the exercise of
the powers and functions | 4 |
| granted by this Article.
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| (3) To purchase real or personal property necessary or | 6 |
| convenient
for its purposes; to execute and deliver deeds | 7 |
| for real property held in
its own name; and to sell, lease, | 8 |
| or otherwise dispose of such of
its property as, in the | 9 |
| judgment of the Authority, is no longer
necessary for its | 10 |
| purposes.
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| (4) To appoint officers, agents, and employees of the | 12 |
| Authority,
including a chief executive officer, a chief | 13 |
| fiscal officer, and a chief
educational officer to | 14 |
| administer and manage, under the direction of the | 15 |
| Authority, the operations and educational programs of the | 16 |
| district, in accordance with this Article and all other | 17 |
| provisions of this Code ; to define their duties and | 18 |
| qualifications; and to
fix their compensation and employee | 19 |
| benefits.
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| (5) To transfer to the district such sums of money
as | 21 |
| are not required for other purposes.
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| (6) To borrow money and to issue obligations pursuant | 23 |
| to this
Article; to fund, refund, or advance refund the | 24 |
| same; to provide for the
rights of the holders of its | 25 |
| obligations; and to repay any advances.
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| (7) Subject to the provisions of any contract with or | 27 |
| for the
benefit of the holders of its obligations, to | 28 |
| purchase or redeem its
obligations.
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| (8) To procure all necessary goods and services for the | 30 |
| Authority
in compliance with the purchasing laws and | 31 |
| requirements applicable to
the district.
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| (8.5) To take action on behalf of the district as the | 33 |
| Authority deems necessary and in accordance with this | 34 |
| Article and all other provisions of this Code, based on the |
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| recommendation of the chief executive officer, chief | 2 |
| educational officer, or chief fiscal officer, and the | 3 |
| district shall be bound by such action in all respects as | 4 |
| if the action had been approved by the district itself.
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| (9) To do any and all things necessary or convenient to | 6 |
| carry out
its purposes and exercise the powers given to it | 7 |
| by this
Article.
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| (Source: P.A. 92-547, eff. 6-13-02.)
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| (105 ILCS 5/1E-35)
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| Sec. 1E-35. Chief educational officer. Upon expiration of | 11 |
| the
contract of the school district's superintendent who is | 12 |
| serving at the time the
Authority is established, the Authority | 13 |
| shall, following consultation with the
district, employ a chief | 14 |
| educational officer for the district.
The chief educational | 15 |
| officer shall report to the Authority or the chief
executive | 16 |
| officer appointed by the Authority.
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| The chief educational officer shall have authority to | 18 |
| determine the agenda and order of business at school board | 19 |
| meetings, as needed in order to carry forward and implement the | 20 |
| objectives and priorities of the Authority in the | 21 |
| administration and management of the district.
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| The chief educational officer shall have all of the powers | 23 |
| and duties of a
school district superintendent under this Code | 24 |
| and such other duties
as may be assigned by the Authority, in | 25 |
| accordance with this Code. The district
shall not thereafter | 26 |
| employ a
superintendent during the period that a chief | 27 |
| educational officer is serving in
the district. The chief | 28 |
| educational officer shall hold a certificate with a
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| superintendent endorsement issued under Article 21 of this | 30 |
| Code.
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| (Source: P.A. 92-547, eff. 6-13-02.)"; and
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| on page 36, line 13, by replacing "Act takes" with "Section and |
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| the provisions changing Section 1E-25 and 1E-35 of the School | 2 |
| Code in Section 5 take effect upon becoming law. All of the | 3 |
| other provisions of this Act take".
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