Full Text of HB5572 93rd General Assembly
HB5572 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5572
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-10 |
from Ch. 122, par. 10-10 |
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Amends the School Code. Makes a technical change in a Section concerning
boards of education.
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A BILL FOR
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HB5572 |
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LRB093 16816 NHT 42468 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Section | 5 |
| 10-10 as follows:
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| (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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| Sec. 10-10. Board of education; Term; Vacancy. All school | 8 |
| districts
having a population of not fewer than 1,000 and not | 9 |
| more than 500,000
inhabitants, as ascertained by any special or | 10 |
| general census, and not
governed by special Acts, shall be | 11 |
| governed by a board of education
consisting of 7 members, | 12 |
| serving without compensation except as herein
provided. Each | 13 |
| member shall be elected for a term of 4 years except as
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| otherwise provided in subsection (a-5) of Section 11B-7 of this | 15 |
| Code for
the initial members
of the board of education of a | 16 |
| combined school district to which that
subsection applies. If 5 | 17 |
| members are elected in 1983 pursuant to the extension
of terms | 18 |
| provided by
law for transition to the consolidated election | 19 |
| schedule under the general
election law, 2 of those members | 20 |
| shall be elected to serve terms of 2 years
and 3 shall be | 21 |
| elected to serve terms of 4 years; their successors shall
serve | 22 |
| for a 4 year term. When the voters of a district have voted to | 23 |
| elect
members of the board of education for 6 year terms, as | 24 |
| provided in Section
9-5, the terms of office of members of the | 25 |
| board of education of that
district expire when their | 26 |
| successors assume office but not later than 7
days after such | 27 |
| election. If at the regular school election held in the
first | 28 |
| odd-numbered year after the determination to elect members for | 29 |
| 6 year
terms 2 members are elected, they shall serve for a 6 | 30 |
| year term; and of the
members elected at the next regular | 31 |
| school election 3 shall serve for a
term of 6 years and 2 shall | 32 |
| serve a term of 2 years. Thereafter members
elected in such |
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HB5572 |
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LRB093 16816 NHT 42468 b |
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| districts shall be elected to a 6 year term. If at the
regular | 2 |
| school election held in the first odd-numbered year after the
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| determination to elect members for 6 year terms 3 members are | 4 |
| elected, they
shall serve for a 6 year term; and of the members | 5 |
| elected at the next
regular school election 2 shall serve for a | 6 |
| term of 2 years and 2 shall
serve for a term of 6 years. | 7 |
| Thereafter members elected in such districts
shall be elected | 8 |
| to a 6 year term. If at the regular school election held
in the | 9 |
| first odd-numbered year after the determination to elect | 10 |
| members for
6 year terms 4 members are elected, 3 shall serve | 11 |
| for a term of 6 years and
one shall serve for a term of 2 years; | 12 |
| and of the members elected at the
next regular school election | 13 |
| 2 shall serve for terms of 6 years and 2 shall
serve for terms | 14 |
| of 2 years. Thereafter members elected in such districts
shall | 15 |
| be elected to a 6 year term. If at the regular school election | 16 |
| held
in the first odd-numbered year after the determination to | 17 |
| elect members for
a 6 year term 5 members are elected, 3 shall | 18 |
| serve for a term of 6 years
and 2 shall serve for a term of 2 | 19 |
| years; and of the members elected at the
next regular school | 20 |
| election 2 shall serve for terms of 6 years and 2 shall
serve | 21 |
| for terms of 2 years. Thereafter members elected in such | 22 |
| districts
shall be elected to a 6 year term. An election for | 23 |
| board members shall not
be held in school districts which by | 24 |
| consolidation, annexation or otherwise
shall cease to exist as | 25 |
| a school district within 6 months after the
election date, and | 26 |
| the term of all board members which would otherwise
terminate | 27 |
| shall be continued until such district shall cease to exist. | 28 |
| Each
member, on the date of his or her election, shall be a
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| citizen of the United
States of the age of 18 years or over, | 30 |
| shall be a resident of the State and
the
territory of the | 31 |
| district for at least one year immediately preceding his or
her
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| election, shall be a registered voter as provided in the | 33 |
| general election
law,
shall not be a school trustee or a school | 34 |
| treasurer, and shall not be a child
sex offender as defined in | 35 |
| Section 11-9.3 of the
Criminal Code of 1961. When the board of
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| education is the successor of the school directors, all rights |
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| of property,
and all rights regarding causes of action existing | 2 |
| or vested in such
directors, shall vest in it as fully as they | 3 |
| were vested in the school
directors. Terms of members are | 4 |
| subject to Section 2A-54 of the Election Code.
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| Nomination papers filed under this Section are not valid | 6 |
| unless the candidate
named therein files with the secretary of | 7 |
| the board of education or with
a person designated by the board | 8 |
| to receive nominating petitions a receipt
from the county clerk | 9 |
| showing that the candidate has filed a statement of
economic | 10 |
| interests as required by the Illinois Governmental Ethics Act.
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| Such receipt shall be so filed either previously during the | 12 |
| calendar year
in which his nomination papers were filed or | 13 |
| within the period for the filing
of nomination papers in | 14 |
| accordance with the general election law.
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| Whenever a vacancy occurs, the remaining members shall | 16 |
| notify the
regional superintendent of that vacancy within 5 | 17 |
| days after its occurrence
and shall proceed to fill the vacancy | 18 |
| until the next regular school
election, at which election a | 19 |
| successor shall be elected to serve the
remainder of the | 20 |
| unexpired term. However, if the vacancy occurs with less
than | 21 |
| 868 days remaining in the term, or if the vacancy occurs
less | 22 |
| than 88
days before the next regularly scheduled election for | 23 |
| this office then the
person so appointed shall serve the | 24 |
| remainder of the unexpired term, and no
election to fill the | 25 |
| vacancy shall be held. Should they fail so to
act, within 45 | 26 |
| days after the vacancy occurs, the regional superintendent
of | 27 |
| schools under whose supervision and control the district is | 28 |
| operating,
as defined in Section 3-14.2 of this Act, shall | 29 |
| within 30 days after the
remaining members have failed to fill | 30 |
| the vacancy, fill the vacancy as
provided for herein. Upon the | 31 |
| regional superintendent's failure to fill the
vacancy, the | 32 |
| vacancy shall be filled at the next regularly scheduled
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| election. Whether elected or appointed by the remaining members | 34 |
| or regional
superintendent, the successor shall be an | 35 |
| inhabitant of the particular area
from which his or her | 36 |
| predecessor was elected if the residential requirements
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| contained in Section 11A-8, 11B-7, or 12-2 of this Act apply.
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| (Source: P.A. 93-309, eff. 1-1-04.)
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