Full Text of HB0476 100th General Assembly
HB0476 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0476 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-3 | from Ch. 122, par. 10-3 | 105 ILCS 5/10-10 | from Ch. 122, par. 10-10 | 105 ILCS 5/33-2 | from Ch. 122, par. 33-2 | 105 ILCS 5/34-4 | from Ch. 122, par. 34-4 | 110 ILCS 805/3-7 | from Ch. 122, par. 103-7 | 110 ILCS 805/7-2 | from Ch. 122, par. 107-2 |
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Amends the School Code and the Public Community College Act. With respect to school boards of school districts and boards of trustees of community college districts, provides that a person may not serve as a board member for more than 2 terms of office that begin on or after the effective date of the amendatory Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-3, 10-10, 33-2, and 34-4 as follows:
| 6 | | (105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
| 7 | | Sec. 10-3. Eligibility of directors. Any person who, on the | 8 | | date of his
or her election, is a citizen of the United States, | 9 | | of the age of 18 years or
over, is a resident of the State and | 10 | | of the territory of the district for at
least one year | 11 | | immediately preceding his or her election, is a registered | 12 | | voter
as provided in the general election law, is not a school | 13 | | trustee or a school
treasurer, and is not a child sex offender | 14 | | as defined in Section 11-9.3 of the
Criminal Code of 2012 shall | 15 | | be eligible to the office of school director. However, a person | 16 | | may not serve as a school director for more than 2 terms of | 17 | | office that begin on or after the effective date of this | 18 | | amendatory Act of the 100th General Assembly. A person is | 19 | | considered to serve a term of office for the purpose of this | 20 | | prohibition if the person is elected or appointed to serve any | 21 | | portion of the term.
| 22 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 1 | | (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 2 | | Sec. 10-10. Board of education; term; vacancy. All school | 3 | | districts
having a population of not fewer than 1,000 and not | 4 | | more than 500,000
inhabitants, as ascertained by any special or | 5 | | general census, and not
governed by special Acts, shall be | 6 | | governed by a board of education
consisting of 7 members, | 7 | | serving without compensation except as herein
provided. Each | 8 | | member shall be elected for a term of 4 years for the initial | 9 | | members
of the board of education of a combined school district | 10 | | to which that
subsection applies. If 5 members are elected in | 11 | | 1983 pursuant to the extension
of terms provided by
law for | 12 | | transition to the consolidated election schedule under the | 13 | | general
election law, 2 of those members shall be elected to | 14 | | serve terms of 2 years
and 3 shall be elected to serve terms of | 15 | | 4 years; their successors shall
serve for a 4 year term. When | 16 | | the voters of a district have voted to elect
members of the | 17 | | board of education for 6 year terms, as provided in Section
| 18 | | 9-5, the terms of office of members of the board of education | 19 | | of that
district expire when their successors assume office but | 20 | | not later than 7
days after such election. If at the regular | 21 | | school election held in the
first odd-numbered year after the | 22 | | determination to elect members for 6 year
terms 2 members are | 23 | | elected, they shall serve for a 6 year term; and of the
members | 24 | | elected at the next regular school election 3 shall serve for a
| 25 | | term of 6 years and 2 shall serve a term of 2 years. Thereafter | 26 | | members
elected in such districts shall be elected to a 6 year |
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| 1 | | term. If at the
regular school election held in the first | 2 | | odd-numbered year after the
determination to elect members for | 3 | | 6 year terms 3 members are elected, they
shall serve for a 6 | 4 | | year term; and of the members elected at the next
regular | 5 | | school election 2 shall serve for a term of 2 years and 2 shall
| 6 | | serve for a term of 6 years. Thereafter members elected in such | 7 | | districts
shall be elected to a 6 year term. If at the regular | 8 | | school election held
in the first odd-numbered year after the | 9 | | determination to elect members for
6 year terms 4 members are | 10 | | elected, 3 shall serve for a term of 6 years and
one shall | 11 | | serve for a term of 2 years; and of the members elected at the
| 12 | | next regular school election 2 shall serve for terms of 6 years | 13 | | and 2 shall
serve for terms of 2 years. Thereafter members | 14 | | elected in such districts
shall be elected to a 6 year term. If | 15 | | at the regular school election held
in the first odd-numbered | 16 | | year after the determination to elect members for
a 6 year term | 17 | | 5 members are elected, 3 shall serve for a term of 6 years
and 2 | 18 | | shall serve for a term of 2 years; and of the members elected | 19 | | at the
next regular school election 2 shall serve for terms of | 20 | | 6 years and 2 shall
serve for terms of 2 years. Thereafter | 21 | | members elected in such districts
shall be elected to a 6 year | 22 | | term. An election for board members shall not
be held in school | 23 | | districts which by consolidation, annexation or otherwise
| 24 | | shall cease to exist as a school district within 6 months after | 25 | | the
election date, and the term of all board members which | 26 | | would otherwise
terminate shall be continued until such |
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| 1 | | district shall cease to exist. Each
member, on the date of his | 2 | | or her election, shall be a
citizen of the United
States of the | 3 | | age of 18 years or over, shall be a resident of the State and
| 4 | | the
territory of the district for at least one year immediately | 5 | | preceding his or
her
election, shall be a registered voter as | 6 | | provided in the general election
law,
shall not be a school | 7 | | trustee, must not have been removed from a school board | 8 | | pursuant to Section 2-3.25f-5 of this Code (unless subsequently | 9 | | appointed as a member of an Independent Authority or if it has | 10 | | been 10 years since the abolition of the Independent Authority | 11 | | in the district), and shall not be a child
sex offender as | 12 | | defined in Section 11-9.3 of the
Criminal Code of 2012. A | 13 | | person may not serve as a board member for more than 2 terms of | 14 | | office that begin on or after the effective date of this | 15 | | amendatory Act of the 100th General Assembly. A person is | 16 | | considered to serve a term of office for the purpose of this | 17 | | prohibition if the person is elected or appointed to serve any | 18 | | portion of the term. When the board of
education is the | 19 | | successor of the school directors, all rights of property,
and | 20 | | all rights regarding causes of action existing or vested in | 21 | | such
directors, shall vest in it as fully as they were vested | 22 | | in the school
directors. Terms of members are subject to | 23 | | Section 2A-54 of the Election Code.
| 24 | | Nomination papers filed under this Section are not valid | 25 | | unless the candidate
named therein files with the county clerk | 26 | | or the county board of election commissioners, as the case may |
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| 1 | | be, of the county in which the principal office of the school | 2 | | district is located a receipt
from the county clerk showing | 3 | | that the candidate has filed a statement of
economic interests | 4 | | as required by the Illinois Governmental Ethics Act.
Such | 5 | | receipt shall be so filed either previously during the calendar | 6 | | year
in which his nomination papers were filed or within the | 7 | | period for the filing
of nomination papers in accordance with | 8 | | the general election law.
| 9 | | Whenever a vacancy occurs, the remaining members shall | 10 | | notify the
regional superintendent of that vacancy within 5 | 11 | | days after its occurrence
and shall proceed to fill the vacancy | 12 | | until the next regular school
election, at which election a | 13 | | successor shall be elected to serve the
remainder of the | 14 | | unexpired term. However, if the vacancy occurs with less
than | 15 | | 868 days remaining in the term, or if the vacancy occurs
less | 16 | | than 88
days before the next regularly scheduled election for | 17 | | this office then the
person so appointed shall serve the | 18 | | remainder of the unexpired term, and no
election to fill the | 19 | | vacancy shall be held. Should they fail so to
act, within 45 | 20 | | days after the vacancy occurs, the regional superintendent
of | 21 | | schools under whose supervision and control the district is | 22 | | operating,
as defined in Section 3-14.2 of this Act, shall | 23 | | within 30 days after the
remaining members have failed to fill | 24 | | the vacancy, fill the vacancy as
provided for herein. Upon the | 25 | | regional superintendent's failure to fill the
vacancy, the | 26 | | vacancy shall be filled at the next regularly scheduled
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| 1 | | election. Whether elected or appointed by the remaining members | 2 | | or regional
superintendent, the successor shall be an | 3 | | inhabitant of the particular area
from which his or her | 4 | | predecessor was elected if the residential requirements
| 5 | | contained in Section 10-10.5 or 12-2 of this Code apply.
| 6 | | A board of education may appoint a student to the board to | 7 | | serve in an advisory capacity. The student member shall serve | 8 | | for a term as determined by the board. The board may not grant | 9 | | the student member any voting privileges, but shall consider | 10 | | the student member as an advisor. The student member may not | 11 | | participate in or attend any executive session of the board.
| 12 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13; | 13 | | 98-1155, eff. 1-9-15.)
| 14 | | (105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
| 15 | | Sec. 33-2. Eligibility. To be eligible for election to the | 16 | | board, a person
shall be a citizen of
the United States, shall | 17 | | have been a resident of the district for at least one
year | 18 | | immediately preceding his or her election, and
shall not be a | 19 | | child sex offender as defined in Section 11-9.3 of the
Criminal | 20 | | Code of 2012. A person may not serve as a board member for more | 21 | | than 2 terms of office that begin on or after the effective | 22 | | date of this amendatory Act of the 100th General Assembly. A | 23 | | person is considered to serve a term of office for the purpose | 24 | | of this prohibition if the person is elected or appointed to | 25 | | serve any portion of the term. Permanent removal from the
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| 1 | | district by any member constitutes a resignation from and | 2 | | creates a vacancy
in the board. Board members shall serve | 3 | | without compensation.
| 4 | | Notwithstanding any provisions to the contrary in any | 5 | | special charter,
petitions nominating candidates for the board | 6 | | of education shall be signed
by at least 200 voters of the | 7 | | district; and the polls, whether they be
located within a city | 8 | | lying in the district or outside of a city, shall
remain open | 9 | | during the hours specified in the Election Code.
| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 11 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| 12 | | Sec. 34-4. Eligibility. To be eligible for appointment to | 13 | | the board, a
person shall be a citizen of the United States, | 14 | | shall be a registered voter
as provided in the Election Code, | 15 | | shall have been a resident of the city for at
least 3 years | 16 | | immediately
preceding his or her appointment, and shall not be | 17 | | a child sex offender
as defined in Section 11-9.3 of the
| 18 | | Criminal Code of 2012. A person may not serve as a board member | 19 | | for more than 2 terms of office that begin on or after the | 20 | | effective date of this amendatory Act of the 100th General | 21 | | Assembly. A person is considered to serve a term of office for | 22 | | the purpose of this prohibition if the person is elected or | 23 | | appointed to serve any portion of the term. Permanent removal | 24 | | from the city by any member of
the board during his term of | 25 | | office constitutes a resignation therefrom and
creates a |
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| 1 | | vacancy in the board. Except for the President of the Chicago
| 2 | | School Reform Board of Trustees who may be paid compensation | 3 | | for his or her
services as chief executive officer as | 4 | | determined by the Mayor as provided in
subsection (a) of | 5 | | Section 34-3, board members shall serve without any
| 6 | | compensation; provided, that board members shall be reimbursed | 7 | | for expenses
incurred while in the performance of their duties | 8 | | upon submission of proper
receipts or upon submission of a | 9 | | signed voucher in the case of an expense
allowance evidencing | 10 | | the amount of such reimbursement or allowance to the
president | 11 | | of the board for verification and approval. The board of
| 12 | | education may continue to provide health care insurance | 13 | | coverage, employer
pension contributions, employee pension | 14 | | contributions, and life insurance
premium payments for an | 15 | | employee required to resign from
an administrative, teaching, | 16 | | or career service position in order to qualify
as a member of | 17 | | the board of education. They shall not hold other public
office | 18 | | under the Federal, State or any local government other than | 19 | | that of
Director of the Regional Transportation Authority, | 20 | | member of the economic
development commission of a city having | 21 | | a population exceeding 500,000,
notary public or member of the | 22 | | National Guard, and by accepting any such
office while members | 23 | | of the board, or by not resigning any such office held
at the | 24 | | time of being appointed to the board within 30 days after such
| 25 | | appointment, shall be deemed to have vacated their membership | 26 | | in the board.
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| 1 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 2 | | Section 10. The Public Community College Act is amended by | 3 | | changing Sections 3-7 and 7-2 as follows:
| 4 | | (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
| 5 | | Sec. 3-7. (a) The election of the members of the board of | 6 | | trustees
shall be nonpartisan and shall be held at the time and | 7 | | in the manner provided
in the general election law.
| 8 | | (b) Unless otherwise provided in this Act, members shall be | 9 | | elected to
serve 6
year terms. The term of members elected in | 10 | | 1985 and thereafter shall be from
the date the member is | 11 | | officially determined to be elected to the board by
a canvass | 12 | | conducted pursuant to the Election Code, to the date that the
| 13 | | winner of the seat is officially determined by the canvass | 14 | | conducted
pursuant to the Election Code the next time the seat | 15 | | on the board is to be
filled by election.
| 16 | | (c) Each member must on the date of his election be a | 17 | | citizen of the
United
States, of the age of 18 years or over, | 18 | | and a resident of the State and
the territory which on the date | 19 | | of the election is included in the
community college district | 20 | | for at least one year immediately preceding
his election. A | 21 | | person may not serve as a board member for more than 2 terms of | 22 | | office that begin on or after the effective date of this | 23 | | amendatory Act of the 100th General Assembly. A person is | 24 | | considered to serve a term of office for the purpose of this |
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| 1 | | prohibition if the person is elected or appointed to serve any | 2 | | portion of the term.
In Community College District No. 526,
| 3 | | each member elected at the consolidated election in 2005 or | 4 | | thereafter must
also be a resident of the trustee
district he | 5 | | or she represents for at least one year immediately preceding
| 6 | | his or her election, except that in the first consolidated | 7 | | election for each
trustee district following reapportionment, | 8 | | a candidate for the board
may be elected from any trustee | 9 | | district that contains a part of the
trustee district in which | 10 | | he or she resided at the time of the
reapportionment and may be | 11 | | reelected if a resident of the new trustee district
he
or she | 12 | | represents for one year prior to reelection.
In the event a | 13 | | person who is a member of a common school
board is elected or | 14 | | appointed to a board of trustees of a community college
| 15 | | district, that person shall be permitted to serve the remainder | 16 | | of his or
her term of office as a member of the common school | 17 | | board. Upon the
expiration of the common school board term, | 18 | | that person shall not be
eligible for election or appointment | 19 | | to a common school board during the
term of office with the | 20 | | community college district board of trustees.
| 21 | | (d) Whenever a vacancy occurs, the remaining members shall | 22 | | fill the
vacancy, and the person so appointed shall serve until | 23 | | a successor is
elected at the next regular election for board | 24 | | members and is certified in
accordance with Sections 22-17 and | 25 | | 22-18 of the Election Code. If the
remaining members fail so to | 26 | | act within 60 days after the vacancy occurs,
the chairman of |
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| 1 | | the State Board shall fill that vacancy, and the person so
| 2 | | appointed shall serve until a successor is elected at the next | 3 | | regular
election for board members and is certified in | 4 | | accordance with Sections
22-17 and 22-18 of the Election Code. | 5 | | The person appointed to fill the
vacancy shall have the same | 6 | | residential qualifications as his predecessor
in office was | 7 | | required to have. In either instance, if the vacancy occurs
| 8 | | with less than 4 months remaining before the next scheduled | 9 | | consolidated
election, and the term of office of the board | 10 | | member vacating the position
is not scheduled to expire at that | 11 | | election, then the term of the person so
appointed shall extend | 12 | | through that election and until the succeeding
consolidated | 13 | | election. If the term of office of the board
member vacating | 14 | | the position is scheduled to expire at the upcoming
| 15 | | consolidated election, the appointed member shall serve
only | 16 | | until a successor is elected and qualified at that election.
| 17 | | (e) Members of the board shall serve without compensation | 18 | | but shall be
reimbursed for their reasonable expenses incurred | 19 | | in connection with
their service as members. Compensation, for | 20 | | purposes of this Section, means
any salary or other benefits | 21 | | not expressly authorized by this Act to be
provided or paid to, | 22 | | for or on behalf of members of the board. The board
of each | 23 | | community college district may adopt a policy providing for the
| 24 | | issuance of bank credit cards, for use by any board member who | 25 | | requests the
same in writing and agrees to use the card only | 26 | | for the reasonable expenses
which he or she incurs in |
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| 1 | | connection with his or her service as a board
member. Expenses | 2 | | charged to such credit cards shall be accounted for
separately | 3 | | and shall be submitted to the chief financial officer of the
| 4 | | district for review prior to being reported to the board at its | 5 | | next
regular meeting.
| 6 | | (f) Except in an election of the initial board for a new | 7 | | community
college
district created pursuant to Section 6-6.1, | 8 | | the ballot for the election of
members of the board for a | 9 | | community college district shall indicate the
length of term | 10 | | for each office to be filled. In the election of a board
for | 11 | | any community college district, the ballot shall not contain | 12 | | any
political party designation.
| 13 | | (Source: P.A. 97-539, eff. 8-23-11.)
| 14 | | (110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
| 15 | | Sec. 7-2.
The board shall consist of 7 members, appointed | 16 | | by the mayor with the
approval of the city council. Prior to | 17 | | the expiration of the term of any
member his successor shall be | 18 | | appointed in like manner and shall hold
office for a term of 3 | 19 | | years from July 1 of the year in which he is
appointed and | 20 | | until his successor is appointed and qualified. Any vacancy
in | 21 | | the membership of the board shall be filled through appointment | 22 | | by the
mayor, with the approval of the city council, for the | 23 | | unexpired term. If
any appointee fails to qualify within 30 | 24 | | days after his appointment, the
office shall be filled by a new | 25 | | appointment for the unexpired term. To be
eligible for |
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| 1 | | appointment to a board under this Section, a person must
| 2 | | possess the same qualifications and meet the same requirements | 3 | | as are
prescribed by this Act for members of an elected board | 4 | | of a community
college district. A person may not serve as a | 5 | | board member for more than 2 terms of office that begin on or | 6 | | after the effective date of this amendatory Act of the 100th | 7 | | General Assembly. A person is considered to serve a term of | 8 | | office for the purpose of this prohibition if the person is | 9 | | elected or appointed to serve any portion of the term.
| 10 | | (Source: P.A. 78-669.)
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