Full Text of HB0827 101st General Assembly
HB0827ham001 101ST GENERAL ASSEMBLY | Rep. Robert Martwick Filed: 5/14/2019
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| 1 | | AMENDMENT TO HOUSE BILL 827
| 2 | | AMENDMENT NO. ______. Amend House Bill 827 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Community College Act is amended by | 5 | | changing Sections 7-1, 7-2, and 7-3 and by adding Sections | 6 | | 7-2.1, 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 | 9 | | districts in cities
having a population of 500,000 or more | 10 | | inhabitants. Each such community
college district shall | 11 | | maintain a system of community colleges under the
charge of a | 12 | | board , which is appointed as provided in Section 7-2. Except as
| 13 | | otherwise provided in this Article, such a community college | 14 | | district and
its board have all the rights, duties, powers and | 15 | | responsibilities and are
subject to the same limitations as are | 16 | | provided for other community college
districts in this Act, as |
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| 1 | | now or hereafter amended.
| 2 | | (Source: P.A. 78-669 .)
| 3 | | (110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
| 4 | | Sec. 7-2.
(a) This subsection (a) applies until May 9, | 5 | | 2023. The board shall consist of 7 members, appointed by the | 6 | | mayor with the
approval of the city council. Prior to the | 7 | | expiration of the term of any
member his successor shall be | 8 | | appointed in like manner and shall hold
office for a term of 3 | 9 | | years from July 1 of the year in which he is
appointed and | 10 | | until his successor is appointed and qualified. Any vacancy
in | 11 | | the membership of the board shall be filled through appointment | 12 | | by the
mayor, with the approval of the city council, for the | 13 | | unexpired term. If
any appointee fails to qualify within 30 | 14 | | days after his appointment, the
office shall be filled by a new | 15 | | appointment for the unexpired term. To be
eligible for | 16 | | appointment to a board under this Section, a person must
| 17 | | possess the same qualifications and meet the same requirements | 18 | | as are
prescribed by this Act for members of an elected board | 19 | | of a community
college district.
| 20 | | (b) Notwithstanding the provisions of Section 3-7 of this | 21 | | Act, the terms of all members of the board appointed under | 22 | | subsection (a) are abolished when the new board, consisting of | 23 | | 21 members, is elected by the electors of the community college | 24 | | district as provided in this subsection (b) and takes office. | 25 | | Beginning with the 2023 consolidated election, each member |
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| 1 | | shall be elected for a term of 4 years and until the member's | 2 | | successor is elected and has qualified. After the 2023 | 3 | | consolidated election, each member shall be elected for a term | 4 | | of 4 years, commencing on the second Tuesday in May of the year | 5 | | in which the member is elected, and until the member's | 6 | | successor is elected and has qualified. For purposes of | 7 | | elections conducted pursuant to this subsection (b), the City | 8 | | of Chicago shall be subdivided into 20 trustee districts by the | 9 | | General Assembly for seats on the board, as provided under | 10 | | Section 7-2.3 of this Act. Each district shall be represented | 11 | | by a member, and one member shall be elected at large and serve | 12 | | as the president of the board. To be eligible for election or | 13 | | appointment to a board under this Section, a person must | 14 | | possess the same qualifications and meet the same requirements | 15 | | as are prescribed by this Act for members of an elected board | 16 | | of a community college district. A person is ineligible for | 17 | | election or appointment to a board under this Section if that | 18 | | person is an employee of a community college district within | 19 | | the city. | 20 | | (c) No member shall have or be an employee or owner of a | 21 | | company that has a contract with a community college within the | 22 | | city. No former officer, member, or employee of the board | 23 | | shall, within a period of one year immediately after | 24 | | termination of service on the board, knowingly accept | 25 | | employment or receive compensation or fees for services from a | 26 | | person or entity if the officer, member, or employee, during |
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| 1 | | the year immediately preceding termination of service on the | 2 | | board, participated personally and substantially in the award | 3 | | of contracts with the board, community college district, or | 4 | | community colleges within the city, or the issuance of contract | 5 | | change orders with the board or the community college district, | 6 | | or community college within the city, with a cumulative value | 7 | | of $25,000 or more to the person, the entity, or the entity's | 8 | | parent or subsidiary. | 9 | | (d) Whenever a vacancy occurs, the remaining members shall | 10 | | fill the vacancy, and the person so appointed shall serve until | 11 | | a successor is elected at the next regular election for board | 12 | | members and is certified in accordance with Sections 22-17 and | 13 | | 22-18 of the Election Code. If the remaining members fail to | 14 | | fill the vacancy within 60 days after the vacancy occurs, the | 15 | | chairman of the State Board shall fill that vacancy, and the | 16 | | person so appointed shall serve until a successor is elected at | 17 | | the next regular election for board members and is certified in | 18 | | accordance with Sections 22-17 and 22-18 of the Election Code. | 19 | | The person appointed to fill a vacancy shall have the same | 20 | | residential qualifications as his or her predecessor in office | 21 | | was required to have. However, in either instance, if the | 22 | | vacancy occurs with more than 28 months remaining until the | 23 | | term expires, the appointed member shall serve only until a | 24 | | successor is elected and qualified at the next scheduled | 25 | | election. | 26 | | (Source: P.A. 78-669 .)
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| 1 | | (110 ILCS 805/7-2.1 new) | 2 | | Sec. 7-2.1. Nomination petitions. Notwithstanding Section | 3 | | 3-7.10 of this Act, in addition to the requirements of the | 4 | | general election law, the form of petitions under this Section | 5 | | shall be substantially as follows: | 6 | | NOMINATING PETITIONS | 7 | | (LEAVE OUT THE INAPPLICABLE PART.) | 8 | | To the Board of Election Commissioners for the City of | 9 | | Chicago: | 10 | | We the undersigned, being (.... or more) of the voters | 11 | | residing within said district, hereby petition that .... who | 12 | | resides at .... in the City of Chicago shall be a candidate for | 13 | | the office of .... of the Board of Trustees of the City | 14 | | Colleges of Chicago, Illinois Community College District No. | 15 | | 508, (full term) (vacancy) to be voted for at the election to | 16 | | be held on (insert date). | 17 | | Name: .................. Address: ................... | 18 | | In the designation of the name of a candidate on a petition | 19 | | for nomination, the candidate's given name or names, initial or | 20 | | initials, a nickname by which the candidate is commonly known, | 21 | | or a combination thereof may be used in addition to the | 22 | | candidate's surname. If a candidate has changed his or her | 23 | | name, whether by a statutory or common law procedure in | 24 | | Illinois or any other jurisdiction, within 3 years before the | 25 | | last day for filing the petition, then (i) the candidate's name |
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| 1 | | on the petition must be followed by "formerly known as (list | 2 | | all prior names during the 3-year period) until name changed on | 3 | | (list date of each such name change)" and (ii) the petition | 4 | | must be accompanied by the candidate's affidavit stating the | 5 | | candidate's previous names during the period specified in | 6 | | clause (i) and the date or dates each of those names was | 7 | | changed; failure to meet these requirements shall be grounds | 8 | | for denying certification of the candidate's name for the | 9 | | ballot, but these requirements do not apply to name changes | 10 | | resulting from adoption to assume an adoptive parent's or | 11 | | parents' surname, marriage to assume a spouse's surname, or | 12 | | dissolution of marriage or declaration of invalidity of | 13 | | marriage to assume a former surname. No other designation, such | 14 | | as a political slogan, as defined by Section 7-17 of the | 15 | | Election Code, title or degree, or nickname suggesting or | 16 | | implying possession of a title, degree or professional status, | 17 | | or similar information may be used in connection with the | 18 | | candidate's surname. | 19 | | All petitions for the nomination of members of the board | 20 | | shall be filed with the board of election commissioners of the | 21 | | jurisdiction in which the principal office of the community | 22 | | college district is located within the time provided for by the | 23 | | general election law. The board of election commissioners shall | 24 | | receive and file only those petitions that include a statement | 25 | | of candidacy, the required number of voter signatures, the | 26 | | notarized signature of the petition circulator, and a receipt |
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| 1 | | from the County Clerk showing that the candidate has filed a | 2 | | statement of economic interest on or before the last day to | 3 | | file as required by the Illinois Governmental Ethics Act. The | 4 | | board of election commissioners may have petition forms | 5 | | available for issuance to potential candidates and may give | 6 | | notice of the petition filing period by publication in a | 7 | | newspaper of general circulation within the community college | 8 | | district not less than 10 days prior to the first day of | 9 | | filing. The board of election commissioners shall make | 10 | | certification to the proper election authorities in accordance | 11 | | with the general election law. | 12 | | The board of election commissioners of the jurisdiction in | 13 | | which the principal office of the community college district is | 14 | | located shall notify the candidates for whom a petition for | 15 | | nomination is filed or the appropriate committee of the | 16 | | obligations under the Campaign Financing Act as provided in the | 17 | | general election law. Such notice shall be given on a form | 18 | | prescribed by the State Board of Elections and in accordance | 19 | | with the requirements of the general election law. The board of | 20 | | election commissioners shall within 7 days of filing or on the | 21 | | last day for filing, whichever is earlier, acknowledge to the | 22 | | petitioner in writing the office's acceptance of the petition. | 23 | | A candidate for membership on the board who has petitioned | 24 | | for nomination to fill a full term and to fill a vacant term to | 25 | | be voted upon at the same election must withdraw his or her | 26 | | petition for nomination from either the full term or the vacant |
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| 1 | | term by written declaration. | 2 | | Nomination petitions are not valid unless the candidate | 3 | | named therein files with the board of election commissioners a | 4 | | receipt from the county clerk showing that the candidate has | 5 | | filed a statement of economic interests as required by the | 6 | | Illinois Governmental Ethics Act. Such receipt shall be so | 7 | | filed either previously during the calendar year in which his | 8 | | or her nomination papers were filed or within the period for | 9 | | the filing of nomination papers in accordance with the general | 10 | | election law. | 11 | | (110 ILCS 805/7-2.2 new) | 12 | | Sec. 7-2.2. Ballots. The board of election commissioners of | 13 | | the jurisdiction in which the principal office of the community | 14 | | college district is located shall conduct a lottery to | 15 | | determine the ballot order of candidates for full terms in the | 16 | | event of any simultaneous petition filings. Such candidate | 17 | | lottery shall be conducted as follows: | 18 | | All petitions filed by persons waiting in line as of 8:00 | 19 | | a.m. on the first day for filing, or as of the normal opening | 20 | | hour of the office involved on such day, shall be deemed | 21 | | simultaneously filed as of 8:00 a.m. or the normal opening | 22 | | hour, as the case may be. Petitions filed by mail and received | 23 | | after midnight of the first day for filing and in the first | 24 | | mail delivery or pickup of that day shall be deemed | 25 | | simultaneously filed as of 8:00 a.m. of that day or as of the |
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| 1 | | normal opening hour of such day, as the case may be. All | 2 | | petitions received thereafter shall be deemed filed in the | 3 | | order of actual receipt. However, 2 or more petitions filed | 4 | | within the last hour of the filing deadline shall be deemed | 5 | | filed simultaneously. | 6 | | Where 2 or more petitions are received simultaneously for | 7 | | the same office as of 8:00 a.m. on the first day for petition | 8 | | filing or as of the normal opening hour of the office of the | 9 | | board of election commissioners with whom such petitions are | 10 | | filed, the board of election commissioners shall break ties and | 11 | | determine the order of filing by means of a lottery or other | 12 | | fair and impartial method of random selection. Such lottery | 13 | | shall be conducted within 9 days following the last day for | 14 | | petition filing and shall be open to the public. Seven days | 15 | | written notice of the time and place of conducting such random | 16 | | selection shall be given by the board of election commissioners | 17 | | to all candidates who filed their petitions simultaneously and | 18 | | to each organization of citizens within the election | 19 | | jurisdiction that was entitled, under the general election law, | 20 | | at the next preceding election, to have poll watchers present | 21 | | on the day of election. The board of election commissioners | 22 | | shall post in a conspicuous, open, and public place, at the | 23 | | entrance of his or her office, notice of the time and place of | 24 | | such lottery. | 25 | | All candidates shall be certified in the order in which | 26 | | their petitions have been filed and in the manner prescribed by |
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| 1 | | Section 10-15 of the Election Code. Where candidates have filed | 2 | | simultaneously, they shall be certified in the order prescribed | 3 | | by this Section and prior to candidates who filed for the same | 4 | | office at a later time. | 5 | | Where elections are conducted for unexpired terms, a second | 6 | | lottery to determine ballot order shall be conducted for | 7 | | candidates who simultaneously file petitions for such | 8 | | unexpired terms. Such lottery shall be conducted in the same | 9 | | manner as prescribed by this Section for full term candidates. | 10 | | Ballots for the election of board members shall be in the | 11 | | following form: | 12 | | (BALLOT FORMAT | 13 | | Ballot position for candidates shall be determined by the | 14 | | order of petition filing or lottery held pursuant to this | 15 | | Section. | 16 | | The community college district is divided into 20 trustee | 17 | | districts, each of which elects one member to the board and | 18 | | votes on one member to serve at-large.) | 19 | | OFFICIAL BALLOT | 20 | | DISTRICT ....... (1 through 20) | 21 | | FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF | 22 | | CHICAGO TO SERVE | 23 | | A FULL 4-YEAR TERM | 24 | | VOTE FOR ONE | 25 | | ( ) ..................................... |
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| 1 | | ( ) ..................................... | 2 | | ( ) ..................................... | 3 | | OFFICIAL BALLOT | 4 | | AT LARGE | 5 | | FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF | 6 | | CHICAGO TO SERVE | 7 | | A FULL 4-YEAR TERM | 8 | | VOTE FOR ONE | 9 | | ( ) ..................................... | 10 | | ( ) ..................................... | 11 | | ( ) ..................................... | 12 | | REVERSE SIDE: | 13 | | OFFICIAL BALLOT | 14 | | DISTRICT ....... (1 through 20) | 15 | | (Precinct name or number) | 16 | | Community College District No. ......, ........... County, | 17 | | Illinois | 18 | | Election Tuesday (insert date) | 19 | | (facsimile signature of Election Authority) | 20 | | (County) | 21 | | (110 ILCS 805/7-2.3 new) | 22 | | Sec. 7-2.3. Creation of trustee districts; reapportionment | 23 | | of districts. | 24 | | (a) For purposes of elections conducted pursuant to | 25 | | subsection (b) of Section 7-2 of this Act, the City of Chicago |
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| 1 | | shall be subdivided into 20 trustee districts after the | 2 | | effective date of this amendatory Act of the 101st General | 3 | | Assembly by the General Assembly for seats on the board. The | 4 | | trustee districts must be drawn on or before May 31, 2022. Each | 5 | | trustee district must be compact, contiguous, and | 6 | | substantially equal in population. | 7 | | (b) In the year following each decennial census, the | 8 | | General Assembly shall redistrict the trustee districts to | 9 | | reflect the results of the decennial census consistent with the | 10 | | requirements in subsection (a). The reapportionment plan shall | 11 | | be completed and formally approved by the General Assembly not | 12 | | less than 90 days before the last date established by law for | 13 | | the filing of nominating petitions for the second board | 14 | | election after the decennial census year. If by reapportionment | 15 | | a board member no longer resides within the trustee district | 16 | | from which the member was elected, the member shall continue to | 17 | | serve in office until the expiration of the member's regular | 18 | | term. All new members shall be elected from the trustee | 19 | | districts as reapportioned.
| 20 | | (110 ILCS 805/7-3) (from Ch. 122, par. 107-3)
| 21 | | Sec. 7-3.
The organization of the board and election of | 22 | | officers for the
a board appointed under Section 7-2 shall be | 23 | | conducted in accordance with
the general election law and this | 24 | | Act.
| 25 | | (Source: P.A. 81-1489.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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