Full Text of HB1282 096th General Assembly
HB1282 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1282
Introduced 2/18/2009, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/10-10 |
from Ch. 122, par. 10-10 |
|
Amends the School Code. Makes a technical change in a Section concerning
boards of education.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB1282 |
|
LRB096 10156 NHT 20323 b |
|
| 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 Section | 5 |
| 10-10 as follows:
| 6 |
| (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| 7 |
| Sec. 10-10. Board of education; Term; Vacancy. All school | 8 |
| districts
having a population of not fewer than 1,000 and
and | 9 |
| not more than 500,000
inhabitants, as ascertained by any | 10 |
| special or general census, and not
governed by special Acts, | 11 |
| shall be governed by a board of education
consisting of 7 | 12 |
| members, serving without compensation except as herein
| 13 |
| provided. Each member shall be elected for a term of 4 years | 14 |
| for the initial members
of the board of education of a combined | 15 |
| school district to which that
subsection applies. If 5 members | 16 |
| are elected in 1983 pursuant to the extension
of terms provided | 17 |
| by
law for transition to the consolidated election schedule | 18 |
| under the general
election law, 2 of those members shall be | 19 |
| elected to serve terms of 2 years
and 3 shall be elected to | 20 |
| serve terms of 4 years; their successors shall
serve for a 4 | 21 |
| year term. When the voters of a district have voted to elect
| 22 |
| members of the board of education for 6 year terms, as provided | 23 |
| in Section
9-5, the terms of office of members of the board of |
|
|
|
HB1282 |
- 2 - |
LRB096 10156 NHT 20323 b |
|
| 1 |
| education of that
district expire when their successors assume | 2 |
| office but not later than 7
days after such election. If at the | 3 |
| regular school election held in the
first odd-numbered year | 4 |
| after the determination to elect members for 6 year
terms 2 | 5 |
| members are elected, they shall serve for a 6 year term; and of | 6 |
| the
members elected at the next regular school election 3 shall | 7 |
| serve for a
term of 6 years and 2 shall serve a term of 2 years. | 8 |
| Thereafter members
elected in such districts shall be elected | 9 |
| to a 6 year term. If at the
regular school election held in the | 10 |
| first odd-numbered year after the
determination to elect | 11 |
| members for 6 year terms 3 members are elected, they
shall | 12 |
| serve for a 6 year term; and of the members elected at the next
| 13 |
| regular school election 2 shall serve for a term of 2 years and | 14 |
| 2 shall
serve for a term of 6 years. Thereafter members elected | 15 |
| in such districts
shall be elected to a 6 year term. If at the | 16 |
| regular school election held
in the first odd-numbered year | 17 |
| after the determination to elect members for
6 year terms 4 | 18 |
| members are elected, 3 shall serve for a term of 6 years and
| 19 |
| one shall serve for a term of 2 years; and of the members | 20 |
| elected at the
next regular school election 2 shall serve for | 21 |
| terms of 6 years and 2 shall
serve for terms of 2 years. | 22 |
| Thereafter members elected in such districts
shall be elected | 23 |
| to a 6 year term. If at the regular school election held
in the | 24 |
| first odd-numbered year after the determination to elect | 25 |
| members for
a 6 year term 5 members are elected, 3 shall serve | 26 |
| for a term of 6 years
and 2 shall serve for a term of 2 years; |
|
|
|
HB1282 |
- 3 - |
LRB096 10156 NHT 20323 b |
|
| 1 |
| and of the members elected at the
next regular school election | 2 |
| 2 shall serve for terms of 6 years and 2 shall
serve for terms | 3 |
| of 2 years. Thereafter members elected in such districts
shall | 4 |
| be elected to a 6 year term. An election for board members | 5 |
| shall not
be held in school districts which by consolidation, | 6 |
| annexation or otherwise
shall cease to exist as a school | 7 |
| district within 6 months after the
election date, and the term | 8 |
| of all board members which would otherwise
terminate shall be | 9 |
| continued until such district shall cease to exist. Each
| 10 |
| member, on the date of his or her election, shall be a
citizen | 11 |
| of the United
States of the age of 18 years or over, shall be a | 12 |
| resident of the State and
the
territory of the district for at | 13 |
| least one year immediately preceding his or
her
election, shall | 14 |
| be a registered voter as provided in the general election
law,
| 15 |
| shall not be a school trustee or a school treasurer, and shall | 16 |
| not be a child
sex offender as defined in Section 11-9.3 of the
| 17 |
| Criminal Code of 1961. When the board of
education is the | 18 |
| successor of the school directors, all rights of property,
and | 19 |
| all rights regarding causes of action existing or vested in | 20 |
| such
directors, shall vest in it as fully as they were vested | 21 |
| in the school
directors. Terms of members are subject to | 22 |
| Section 2A-54 of the Election Code. | 23 |
| Nomination papers filed under this Section are not valid | 24 |
| unless the candidate
named therein files with the secretary of | 25 |
| the board of education or with
a person designated by the board | 26 |
| to receive nominating petitions a receipt
from the county clerk |
|
|
|
HB1282 |
- 4 - |
LRB096 10156 NHT 20323 b |
|
| 1 |
| showing that the candidate has filed a statement of
economic | 2 |
| interests as required by the Illinois Governmental Ethics Act.
| 3 |
| Such receipt shall be so filed either previously during the | 4 |
| calendar year
in which his nomination papers were filed or | 5 |
| within the period for the filing
of nomination papers in | 6 |
| accordance with the general election law.
| 7 |
| Whenever a vacancy occurs, the remaining members shall | 8 |
| notify the
regional superintendent of that vacancy within 5 | 9 |
| days after its occurrence
and shall proceed to fill the vacancy | 10 |
| until the next regular school
election, at which election a | 11 |
| successor shall be elected to serve the
remainder of the | 12 |
| unexpired term. However, if the vacancy occurs with less
than | 13 |
| 868 days remaining in the term, or if the vacancy occurs
less | 14 |
| than 88
days before the next regularly scheduled election for | 15 |
| this office then the
person so appointed shall serve the | 16 |
| remainder of the unexpired term, and no
election to fill the | 17 |
| vacancy shall be held. Should they fail so to
act, within 45 | 18 |
| days after the vacancy occurs, the regional superintendent
of | 19 |
| schools under whose supervision and control the district is | 20 |
| operating,
as defined in Section 3-14.2 of this Act, shall | 21 |
| within 30 days after the
remaining members have failed to fill | 22 |
| the vacancy, fill the vacancy as
provided for herein. Upon the | 23 |
| regional superintendent's failure to fill the
vacancy, the | 24 |
| vacancy shall be filled at the next regularly scheduled
| 25 |
| election. Whether elected or appointed by the remaining members | 26 |
| or regional
superintendent, the successor shall be an |
|
|
|
HB1282 |
- 5 - |
LRB096 10156 NHT 20323 b |
|
| 1 |
| inhabitant of the particular area
from which his or her | 2 |
| predecessor was elected if the residential requirements
| 3 |
| contained in Section 10-10.5 or 12-2 of this Code apply.
| 4 |
| A board of education may appoint a student to the board to | 5 |
| serve in an advisory capacity. The student member shall serve | 6 |
| for a term as determined by the board. The board may not grant | 7 |
| the student member any voting privileges, but shall consider | 8 |
| the student member as an advisor. The student member may not | 9 |
| participate in or attend any executive session of the board.
| 10 |
| (Source: P.A. 93-309, eff. 1-1-04; 94-231, eff. 7-14-05; | 11 |
| 94-1019, eff. 7-10-06.)
|
|