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| [ House Amendment 001 ] |
90_HB0652sam001
LRB9003120RCksam
1 AMENDMENT TO HOUSE BILL 652
2 AMENDMENT NO. . Amend House Bill 652, on page 13, by
3 replacing lines 24 through 32 with the following:
4 "The term of office of a person elected at a nonpartisan
5 election whose term begins before the effective date of this
6 amendatory Act of 1997 shall expire on the date that his or
7 her term would have expired had this amendatory Act of 1997
8 not been enacted. The term of office of a person elected at
9 a consolidated election held on or after the effective date
10 of this amendatory Act of 1997 to succeed to a term of office
11 of a person elected at a nonpartisan election shall begin
12 upon the termination of the predecessor's term of office. The
13 term of office of a person elected to succeed to a term of
14 office of a person elected at a nonpartisan election shall
15 end after the next consolidated election at which a successor
16 is elected and at the regularly scheduled time for the ending
17 of terms of office as provided in the Act or Acts creating or
18 governing that unit of local government or school district.";
19 and
20 on page 21, by inserting between lines 23 and 24 the
21 following:
22 "Section 6. The Springfield Metropolitan Exposition and
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1 Auditorium Authority Act is amended by changing Section 17 as
2 follows:
3 (70 ILCS 345/17) (from Ch. 85, par. 1267)
4 Sec. 17. As soon as practicably possible after the
5 appointment of the initial members and, thereafter, within 15
6 days of each election of members, the Board shall organize
7 for the transaction of business, select a chairman,
8 vice-chairman, and a temporary secretary from its own number,
9 and adopt by-laws and regulations to govern its proceedings.
10 The initial chairman and his successors shall be elected by
11 the Board from time to time for the term of his office as a
12 member of the Board. Terms of members are subject to
13 Section 2A-54 of the Election Code.
14 (Source: P.A. 79-529.)"; and
15 on page 21, line 25, by changing "Section 4.02" to "Sections
16 4.02 and 4a"; and
17 on page 22, by inserting below line 34 the following:
18 "(70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
19 Sec. 4a. Any fire protection district organized under
20 this Act may determine, in either manner provided in the
21 following items (1) and (2) of this Section, to have an
22 elected, rather than an appointed, board of trustees.
23 (1) If the district lies wholly within a single
24 township but does not also lie wholly within a
25 municipality, the township board of trustees may
26 determine, by ordinance, to have an elected board of
27 trustees.
28 (2) Upon presentation to the board of trustees of a
29 petition, signed by not less than 10% of the electors of
30 the district, requesting that a proposition for the
31 election of trustees be submitted to the electors of the
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1 district, the secretary of the board of trustees shall
2 certify the proposition to the appropriate election
3 authorities who shall submit the proposition at a regular
4 election in accordance with the general election law.
5 The general election law shall apply to and govern such
6 election. The proposition shall be in substantially the
7 following form:
8 -------------------------------------------------------------
9 Shall the trustees of...... YES
10 Fire Protection District be --------------------
11 elected, rather than appointed? NO
12 -------------------------------------------------------------
13 If a majority of the votes cast on such proposition
14 are in the affirmative, the trustees of the district
15 shall thereafter be elected as provided by this Section.
16 At the next regular election for trustees as provided by
17 the general election law, a district that has approved by
18 ordinance or referendum to have its trustees elected rather
19 than appointed shall elect 3, 5, or 7 trustees, as previously
20 determined by the organization of the district or as
21 increased under Section 4.01 or 4.02. The initial elected
22 trustees shall be elected for 2, 4, and 6 year terms. In a
23 district with 3 trustees, one trustee shall be elected for a
24 term of 2 years, one for a term of 4 years, and one for a
25 term of 6 years. In a district with 5 trustees, 2 shall be
26 elected for terms of 2 years, 2 for terms of 4 years, and one
27 for a term of 6 years. In a district with 7 trustees, 3
28 shall be elected for terms of 2 years, 2 for terms of 4
29 years, and 2 for terms of 6 years. Except as otherwise
30 provided in Section 2A-54 of the Election Code, the term of
31 each elected trustee shall commence on the first Monday of
32 the month following the month of his election and until his
33 successor is elected and qualified. The length of the terms
34 of the trustees first elected shall be determined by lot at
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1 their first meeting. Except as otherwise provided in Section
2 2A-54 of the Election Code, thereafter, each trustee shall be
3 elected to serve for a term of 6 years commencing on the
4 first Monday of the month following the month of his election
5 and until his successor is elected and qualified.
6 No party designation shall appear on the ballot for
7 election of trustees. The provisions of the general election
8 law shall apply to and govern the nomination and election of
9 trustees.
10 The provisions of Section 4 relating to eligibility,
11 powers and disabilities of trustees shall apply equally to
12 elected trustees.
13 Whenever a fire protection district determines to elect
14 trustees as provided in this Section, the trustees appointed
15 pursuant to Section 4 shall continue to constitute the board
16 of trustees until the first Monday of the month following the
17 month of the first election of trustees. If the term of
18 office of any appointed trustees expires before the first
19 election of trustees, the authority which appointed that
20 trustee under Section 4 of this Act shall appoint a successor
21 to serve until a successor is elected and has qualified. The
22 terms of all appointed trustees in such district shall expire
23 on the first Monday of the month following the month of the
24 first election of trustees under this Section or when
25 successors have been elected and have qualified, whichever
26 occurs later.
27 (Source: P.A. 88-440.)
28 Section 11. The School Code is amended by changing
29 Sections 6-17, 10-5, and 10-10 as follows:
30 (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
31 Sec. 6-17. Election of president - Terms of members.
32 Except as otherwise provided in Section 2A-54 of the Election
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1 Code, on the first Monday in May January, following the first
2 election, or if such day is a holiday then the next day, the
3 regional superintendent of schools who shall be the
4 ex-officio secretary of the board shall convene the newly
5 elected regional board of school trustees for the purpose of
6 organization. Except as provided in Section 2A-54 of the
7 Election Code, at this meeting the members shall elect a
8 president from among their number who shall serve as
9 president for a term of 2 years and shall determine by lot
10 the length of the term of each member so that 2 shall serve
11 for a term of 2 years, 2 for 4 years and 3 for 6 years from
12 the first Monday of the month following the date of their
13 election. Except as provided in Section 2A-54 of the Election
14 Code, thereafter members shall be elected to serve for a term
15 of 6 years from the first Monday of the month following the
16 date of their election or until their successors are elected
17 and qualified.
18 All succeeding meetings for the purpose of organization
19 shall be held on the first Monday in May January following
20 the election; however, in case the first Monday in May
21 January is a holiday the organization meeting shall be held
22 on the next day.
23 If educational service regions are consolidated under
24 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
25 of members of each regional board of school trustees in those
26 regions being consolidated shall be extended so as to
27 terminate on the first Monday of August of the year that
28 consolidation takes effect, as defined in Section 3A-5 of
29 this Act, and, on such day, the Regional Superintendent of
30 the consolidated region shall convene all the members of each
31 regional board of school trustees in the consolidated region,
32 and shall by lot select from among such trustees an interim
33 regional board of school trustees for the consolidated region
34 in accord with the specifications as to membership and
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1 residency in Section 6-2. The interim board so selected
2 shall serve until their successors are elected at the
3 succeeding regular election of regional school trustees and
4 have qualified. A single regional board of school trustees
5 shall be elected at such succeeding regular election to take
6 office on the first Monday of the month following such
7 election. The board elected for the consolidated region
8 shall be convened on such first Monday of the month following
9 such election for organizational purposes, to elect a
10 president and determine terms for its members by lot as
11 provided in this Section. The respective regional boards of
12 school trustees of educational service regions involved in
13 consolidations under Section 3A-3 or 3A-4 shall cease to
14 exist at the time the board elected for the consolidated
15 region is so organized.
16 (Source: P.A. 80-231; 80-1469; 80-1494.)
17 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
18 Sec. 10-5. Organization of board - Report to treasurer
19 and regional superintendent of schools. Within 7 days after
20 the regular election of directors, the directors shall meet
21 and organize by appointing one of their number president and
22 another as clerk. The clerk shall at once report to the
23 treasurer and regional superintendent of schools the names of
24 the president and clerk so appointed. Terms of members are
25 subject to Section 2A-54 of the Election Code.
26 (Source: P.A. 81-1490.)
27 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
28 Sec. 10-10. Board of education - Term - Vacancy. All
29 school districts having a population of not fewer than 1,000
30 and not more than 500,000 inhabitants, as ascertained by any
31 special or general census, and not governed by special Acts,
32 shall be governed by a board of education consisting of 7
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1 members, serving without compensation except as herein
2 provided. Each member shall be elected for a term of 4
3 years. If 5 members are elected in 1983 pursuant to the
4 extension of terms provided by law for transition to the
5 consolidated election schedule under the general election
6 law, 2 of those members shall be elected to serve terms of 2
7 years and 3 shall be elected to serve terms of 4 years; their
8 successors shall serve for a 4 year term. When the voters of
9 a district have voted to elect members of the board of
10 education for 6 year terms, as provided in Section 9-5, the
11 terms of office of members of the board of education of that
12 district expire when their successors assume office but not
13 later than 7 days after such election. If at the regular
14 school election held in the first odd-numbered year after the
15 determination to elect members for 6 year terms 2 members are
16 elected, they shall serve for a 6 year term; and of the
17 members elected at the next regular school election 3 shall
18 serve for a term of 6 years and 2 shall serve a term of 2
19 years. Thereafter members elected in such districts shall be
20 elected to a 6 year term. If at the regular school election
21 held in the first odd-numbered year after the determination
22 to elect members for 6 year terms 3 members are elected, they
23 shall serve for a 6 year term; and of the members elected at
24 the next regular school election 2 shall serve for a term of
25 2 years and 2 shall serve for a term of 6 years. Thereafter
26 members elected in such districts shall be elected to a 6
27 year term. If at the regular school election held in the
28 first odd-numbered year after the determination to elect
29 members for 6 year terms 4 members are elected, 3 shall serve
30 for a term of 6 years and one shall serve for a term of 2
31 years; and of the members elected at the next regular school
32 election 2 shall serve for terms of 6 years and 2 shall serve
33 for terms of 2 years. Thereafter members elected in such
34 districts shall be elected to a 6 year term. If at the
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1 regular school election held in the first odd-numbered year
2 after the determination to elect members for a 6 year term 5
3 members are elected, 3 shall serve for a term of 6 years and
4 2 shall serve for a term of 2 years; and of the members
5 elected at the next regular school election 2 shall serve for
6 terms of 6 years and 2 shall serve for terms of 2 years.
7 Thereafter members elected in such districts shall be elected
8 to a 6 year term. An Election for board members shall not be
9 held in school districts which by consolidation, annexation
10 or otherwise shall cease to exist as a school district within
11 six months after the election date, and the term of all board
12 members which would otherwise terminate shall be continued
13 until such district shall cease to exist. Each member shall,
14 on the date of his election, be a citizen of the United
15 States of the age of 18 years or over, a resident of the
16 state and the territory of the district for at least one year
17 immediately preceding his election, a registered voter as
18 provided in the general election law, and shall not be a
19 school trustee or a school treasurer. When the board of
20 education is the successor of the school directors, all
21 rights of property, and all rights regarding causes of action
22 existing or vested in such directors, shall vest in it as
23 fully as they were vested in the school directors. Terms of
24 members are subject to Section 2A-54 of the Election Code.
25 Nomination papers filed under this Section are not valid
26 unless the candidate named therein files with the secretary
27 of the board of education or with a person designated by the
28 board to receive nominating petitions a receipt from the
29 county clerk showing that the candidate has filed a statement
30 of economic interests as required by the Illinois
31 Governmental Ethics Act. Such receipt shall be so filed
32 either previously during the calendar year in which his
33 nomination papers were filed or within the period for the
34 filing of nomination papers in accordance with the general
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1 election law.
2 Whenever a vacancy occurs, the remaining members shall
3 notify the regional superintendent of that vacancy within 5
4 days after its occurrence and shall proceed to fill the
5 vacancy until the next regular school election, at which
6 election a successor shall be elected to serve the remainder
7 of the unexpired term. However, if the vacancy occurs with
8 less than 868 days remaining in the term, or if the vacancy
9 occurs less than 88 days before the next regularly scheduled
10 election for this office then the person so appointed shall
11 serve the remainder of the unexpired term, and no election to
12 fill the vacancy shall be held. Should they fail so to act,
13 within 45 days after the vacancy occurs, the regional
14 superintendent of schools under whose supervision and control
15 the district is operating, as defined in Section 3-14.2 of
16 this Act, shall within 30 days after the remaining members
17 have failed to fill the vacancy, fill the vacancy as provided
18 for herein. Upon the regional superintendent's failure to
19 fill the vacancy, the vacancy shall be filled at the next
20 regularly scheduled election. Whether elected or appointed
21 by the remaining members or regional superintendent, the
22 successor shall be an inhabitant of the particular area from
23 which his or her predecessor was elected if the residential
24 requirements contained in Section 11A-8, 11B-7, or 12-2 of
25 this Act apply.
26 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)";
27 and
28 on page 23, line 2, by changing "and 3-7" to ", 3-7, and
29 3-8"; and
30 on page 27, line 6, by changing "consolidated non-partisan"
31 to "nonpartisan"; and
32 on page 27, line 12, by inserting the following after the
33 period:
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1 "Terms of members are subject to Section 2A-54 of the
2 Election Code."; and
3 on page 32, by inserting below line 6 the following:
4 "(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
5 Sec. 3-8. Following each election and canvass, the new
6 board shall hold its organizational meeting on or before the
7 14th day after the election. If the election is the initial
8 election ordered by the regional superintendent, the
9 organizational meeting shall be convened by the regional
10 superintendent, who shall preside over the meeting until the
11 election for chairman, vice chairman and secretary of board
12 is completed. At all other organizational meetings, the
13 chairman of the board, or, in his or her absence, the
14 president of the community college or acting chief executive
15 officer of the college shall convene the new board, and
16 conduct the election for chairman, vice chairman and
17 secretary. The board shall then proceed with its
18 organization under the newly elected board officers, and
19 shall fix a time and place for its regular meetings. It
20 shall than enter upon the discharge of its duties. The terms
21 of board office shall be 2 years, except that the board by
22 resolution may establish a policy for the terms of office to
23 be one year, and provide for the election of officers for the
24 remaining one year period. Terms of members are subject to
25 Section 2A-54 of the Election Code.
26 Special meetings of the board may be called by the
27 chairman or by any 3 members of the board by giving notice
28 thereof in writing stating the time, place and purpose of the
29 meeting. Such notice may be served by mail 48 hours before
30 the meeting or by personal service 24 hours before the
31 meeting.
32 At each regular and special meeting which is open to the
33 public, members of the public and employees of the community
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1 college district shall be afforded time, subject to
2 reasonable constraints, to comment to or ask questions of the
3 board.
4 (Source: P.A. 86-758; 86-1032; 87-707; 87-915.)".