[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ Introduced ] | [ Engrossed ] | [ Enrolled ] |
[ House Amendment 001 ] |
92_SB0616ham002 LRB9204556NTpkam01 1 AMENDMENT TO SENATE BILL 616 2 AMENDMENT NO. . Amend Senate Bill 616, AS AMENDED, 3 by replacing the title with the following: 4 "AN ACT concerning schools."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The School Code is amended by changing 8 Section 3A-6 as follows: 9 (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6) 10 Sec. 3A-6. Election of Superintendent for consolidated 11 region - Bond - Vacancies in any educational service region. 12 (a) The regional superintendent to be elected under 13 Section 3A-5 shall be elected at the time provided in the 14 general election law and must possess the qualifications 15 described in Section 3-1 of this Act. 16 (b) The bond required under Section 3-2 shall be filed 17 in the office of the county clerk in the county where the 18 regional office is situated, and a certified copy of that 19 bond shall be filed in the office of the county clerk in each 20 of the other counties in the region. 21 (c) When a vacancy occurs in the office of regional -2- LRB9204556NTpkam01 1 superintendent of schools of any educational service region 2 which is not located in a county which is a home rule unit, 3 such vacancy shall be filled within 60 days (i) by 4 appointment of the chairman of the county board, with the 5 advice and consent of the county board, when such vacancy 6 occurs in a single county educational service region; or (ii) 7 by appointment of a committee composed of the chairmen of the 8 county boards of those counties comprising the affected 9 educational service region when such vacancy occurs in a 10 multicounty educational service region, each committeeman to 11 be entitled to one vote for each vote that was received in 12 the county represented by such committeeman on the committee 13 by the regional superintendent of schools whose office is 14 vacant at the last election at which a regional 15 superintendent was elected to such office, and the person 16 receiving the highest number of affirmative votes from the 17 committeemen for such vacant office to be deemed the person 18 appointed by such committee to fill the vacancy. The 19 appointee shall be a member of the same political party as 20 the regional superintendent of schools the appointee succeeds 21 was at the time such regional superintendent of schools last 22 was elected. The appointee shall serve for the remainder of 23 the term. However, if more than 28 months remain in that 24 term, the appointment shall be until the next general 25 election, at which time the vacated office shall be filled by 26 election for the remainder of the term. Nominations shall be 27 made and any vacancy in nomination shall be filled as 28 follows: 29 (1) If the vacancy in office occurs before the 30 first date provided in Section 7-12 of the Election Code 31 for filing nomination papers for county offices for the 32 primary in the next even-numbered year following 33 commencement of the term of office in which the vacancy 34 occurs, nominations for the election for filling the -3- LRB9204556NTpkam01 1 vacancy shall be made pursuant to Article 7 of the 2 Election Code. 3 (2) If the vacancy in office occurs during the time 4 provided in Section 7-12 of the Election Code for filing 5 nomination papers for county offices for the primary in 6 the next even-numbered year following commencement of the 7 term of office in which the vacancy occurs, the time for 8 filing nomination papers for the primary shall not be 9 more than 91 days nor less than 85 days prior to the date 10 of the primary. 11 (3) If the vacancy in office occurs after the last 12 day provided in Section 7-12 of the Election Code for 13 filing nomination papers for county offices for the 14 primary in the next even-numbered year following 15 commencement of the term of office in which the vacancy 16 occurs, a vacancy in nomination shall be deemed to have 17 occurred and the county central committee of each 18 established political party (if the vacancy occurs in a 19 single county educational service region) or the 20 multi-county educational service region committee of each 21 established political party (if the vacancy occurs in a 22 multi-county educational service region) shall nominate, 23 by resolution, a candidate to fill the vacancy in 24 nomination for election to the office at the general 25 election. In the nomination proceedings to fill the 26 vacancy in nomination, each member of the county central 27 committee or the multi-county educational service region 28 committee, whichever applies, shall have the voting 29 strength as set forth in Section 7-8 or 7-8.02 of the 30 Election Code, respectively. The name of the candidate 31 so nominated shall not appear on the ballot at the 32 general primary election. The vacancy in nomination 33 shall be filled prior to the date of certification of 34 candidates for the general election. -4- LRB9204556NTpkam01 1 (4) The resolution to fill the vacancy shall be 2 duly acknowledged before an officer qualified to take 3 acknowledgments of deeds and shall include, upon its 4 face, the following information: (A) the name of the 5 original nominee and the office vacated; (B) the date on 6 which the vacancy occurred; and (C) the name and address 7 of the nominee selected to fill the vacancy and the date 8 of selection. The resolution to fill the vacancy shall be 9 accompanied by a statement of candidacy, as prescribed in 10 Section 7-10 of the Election Code, completed by the 11 selected nominee, a certificate from the State Board of 12 Education, as prescribed in Section 3-1 of this Code, and 13 a receipt indicating that the nominee has filed a 14 statement of economic interests as required by the 15 Illinois Governmental Ethics Act. 16 The provisions of Sections 10-8 through 10-10.1 of the 17 Election Code relating to objections to nomination papers, 18 hearings on objections, and judicial review shall also apply 19 to and govern objections to nomination papers and resolutions 20 for filling vacancies in nomination filed pursuant to this 21 Section. Unless otherwise specified in this Section, the 22 nomination and election provided for in this Section is 23 governed by the general election law. 24 Except as otherwise provided by applicable county 25 ordinance or by law, if a vacancy occurs in the office of 26 regional superintendent of schools of an educational service 27 region that is located in a county that is a home rule unit 28 and that has a population of less than 2,000,000 inhabitants, 29 that vacancy shall be filled by the county board of such home 30 rule county. 31 Until July 1, 2003 or until the regional superintendent 32 of schools elected in 2002 takes office, whichever occurs 33 first, if a vacancy exists in the office of regional 34 superintendent of schools of an educational service region -5- LRB9204556NTpkam01 1 that is located in a county that is a home rule unit and that 2 has a population of 2,000,000 or more inhabitants, then that 3 vacancy shall be filled by the first assistant 4 superintendent/deputy superintendent until the end of the 5 term to which the regional superintendent was elected.Until6July 1, 1994, if a vacancy occurs in the office of regional7superintendent of schools of an educational service region8that is located in a county that is a home rule unit and that9has a population of 2,000,000 or more inhabitants, that10vacancy shall be filled by the county board of that home rule11county unless otherwise provided by applicable county12ordinance or by law. On and after July 1, 1994, the13provisions of this Section shall have no application in any14educational service region that is located in any county,15including a county that is a home rule unit, if that16educational service region has a population of 2,000,000 or17more inhabitants.18 Any person appointed to fill a vacancy in the office of 19 regional superintendent of schools of any educational service 20 region must possess the qualifications required to be elected 21 to the position of regional superintendent of schools, and 22 shall obtain a certificate of eligibility from the State 23 Superintendent of Education and file same with the county 24 clerk of the county in which the regional superintendent's 25 office is located. 26 If the regional superintendent of schools is called into 27 the active military service of the United States, his office 28 shall not be deemed to be vacant, but a temporary appointment 29 shall be made as in the case of a vacancy. The appointee 30 shall perform all the duties of the regional superintendent 31 of schools during the time the regional superintendent of 32 schools is in the active military service of the United 33 States, and shall be paid the same compensation apportioned 34 as to the time of service, and such appointment and all -6- LRB9204556NTpkam01 1 authority thereunder shall cease upon the discharge of the 2 regional superintendent of schools from such active military 3 service. The appointee shall give the same bond as is 4 required of a regularly elected regional superintendent of 5 schools. 6 (Source: P.A. 92-277, eff. 8-7-01.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.".