Full Text of SB0082 99th General Assembly
SB0082sam001 99TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 3/11/2015
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| 1 | | AMENDMENT TO SENATE BILL 82
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 82 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 10-10.5 as follows: | 6 | | (105 ILCS 5/10-10.5) | 7 | | Sec. 10-10.5. Community unit school district or combined | 8 | | school district formation; school board election. | 9 | | (a) Except as otherwise provided in subsection (b) of this | 10 | | Section, for community unit school districts formed before | 11 | | January 1, 1975 and for combined school districts formed before | 12 | | July 1, 1983, the following provisions apply: | 13 | | (1) if the territory of the district is greater than 2 | 14 | | congressional townships or 72 square miles, then not more | 15 | | than 3 board members may be selected from any one | 16 | | congressional township, except that congressional |
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| 1 | | townships of less than 100 inhabitants shall not be | 2 | | considered for the purpose of this mandatory board | 3 | | representation; | 4 | | (2) if in the community unit school district or | 5 | | combined school district at least 75% but not more than 90% | 6 | | of the population is in one congressional township, then 4 | 7 | | board members shall be selected from the congressional | 8 | | township and 3 board members shall be selected from the | 9 | | rest of the district, except that if in the community unit | 10 | | school district or combined school district more than 90% | 11 | | of the population is in one congressional township, then | 12 | | all board members may be selected from one or more | 13 | | congressional townships; and | 14 | | (3) if the territory of any community unit school | 15 | | district or combined school district consists of not more | 16 | | than 2 congressional townships or 72 square miles, but | 17 | | consists of more than one congressional township or 36 | 18 | | square miles, outside of the corporate limits of any city, | 19 | | village, or incorporated town within the school district, | 20 | | then not more than 5 board members may be selected from any | 21 | | city, village, or incorporated town in the school district. | 22 | | (b)(1) The provisions of subsection (a) of this Section for | 23 | | mandatory board representation shall no longer apply to a | 24 | | community unit school district formed before January 1, 1975, | 25 | | to a combined school district formed before July 1, 1983, or to | 26 | | community consolidated school districts, and the members of the |
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| 1 | | board of education shall be elected at large from within the | 2 | | school district and without restriction by area of residence | 3 | | within the district if both of the following conditions are met | 4 | | with respect to that district: | 5 | | (A) A proposition for the election of board members at | 6 | | large and without restriction by area of residence within | 7 | | the school district rather than in accordance with the | 8 | | provisions of subsection (a) of this Section for mandatory | 9 | | board representation is submitted to the school district's | 10 | | voters at a regular school election or at the general | 11 | | election as provided in this subsection (b). | 12 | | (B) A majority of those voting at the election in each | 13 | | congressional township comprising the territory of the | 14 | | school district, including any congressional township of | 15 | | less than 100 inhabitants, vote in favor of the proposition | 16 | | or two-thirds of all voters voting on the proposition vote | 17 | | in favor of the proposition . | 18 | | (2) The school board may, by resolution, order | 19 | | submitted or, upon the petition of the lesser of 2,500 or | 20 | | 5% of the school district's registered voters, shall order | 21 | | submitted to the school district's voters, at a regular | 22 | | school election or at the general election, the proposition | 23 | | for the election of board members at large and without | 24 | | restriction by area of residence within the district rather | 25 | | than in accordance with the provisions of subsection (a) of | 26 | | this Section for mandatory board representation; and the |
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| 1 | | proposition shall thereupon be certified by the board's | 2 | | secretary for submission. | 3 | | (3) If a majority of those voting at the election in | 4 | | each congressional township comprising the territory of | 5 | | the school district, including any congressional township | 6 | | of less than 100 inhabitants, vote in favor of the | 7 | | proposition or if two-thirds of all voters voting on the | 8 | | proposition vote in favor of the proposition : | 9 | | (A) the proposition to elect board members at large | 10 | | and without restriction by area of residence within the | 11 | | district shall be deemed to have passed, | 12 | | (B) new members of the board shall be elected at | 13 | | large and without restriction by area of residence | 14 | | within the district at the next regular school | 15 | | election, and | 16 | | (C) the terms of office of the board members | 17 | | incumbent at the time the proposition is adopted shall | 18 | | expire when the new board members that are elected at | 19 | | large and without restriction by area of residence | 20 | | within the district have organized in accordance with | 21 | | Section 10-16. | 22 | | (4) In a community unit school district, a combined | 23 | | school district, or a community consolidated school | 24 | | district that formerly elected its members under | 25 | | subsection (a) of this Section to successive terms not | 26 | | exceeding 4 years, the members elected at large and without |
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| 1 | | restriction by area of residence within the district shall | 2 | | be elected for a term of 4 years, and in a community unit | 3 | | school district or combined school district that formerly | 4 | | elected its members under subsection (a) of this Section to | 5 | | successive terms not exceeding 6 years, the members elected | 6 | | at large and without restriction by area of residence | 7 | | within the district shall be elected for a term of 6 years; | 8 | | provided that in each case the terms of the board members | 9 | | initially elected at large and without restriction by area | 10 | | of residence within the district as provided in this | 11 | | subsection (b) shall be staggered and determined in | 12 | | accordance with the provisions of Sections 10-10 and 10-16 | 13 | | of this Code.
| 14 | | (Source: P.A. 94-1019, eff. 7-10-06.)".
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