SB1945sam001 100TH GENERAL ASSEMBLY

Sen. Jil Tracy

Filed: 3/7/2017

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AMENDMENT TO SENATE BILL 1945

AMENDMENT NO. ______. Amend Senate Bill 1945 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 10-5, 10-13, 10-13.1, 10-14, and 10-16 as follows:

(105 ILCS 5/10-5) (from Ch. 122, par. 10-5)

Sec. 10-5. Organization of board - Report to treasurer and regional superintendent of schools. Within 28 days after the regular election of directors, the directors shall meet and organize by appointing one of their number president and another as clerk, except that when directors are elected at the consolidated elections in April of 1999 and April of 2001, the directors shall meet and organize, in the manner provided by this Section, within 7 days after the first Tuesday after the first Monday of November in each of those 2 years. The clerk shall at once report to the treasurer and regional superintendent of schools the names of the president and clerk so appointed. The president and clerk are subject to removal by a majority vote of all the directors and, in case of removal or where a vacancy otherwise occurs in either of the offices, the board of school directors shall appoint a successor to fill the vacancy. Upon organizing itself as provided in this Section, the board of school directors shall enter upon the discharge of its duties. Terms of members are subject to Section 2A-54 of the Election Code, except as otherwise limited by subsection (c) of Section 10-4.

(Source: P.A. 93-847, eff. 7-30-04.)

(105 ILCS 5/10-13) (from Ch. 122, par. 10-13)

Sec. 10-13. President of board of education. The president of the board of education shall be elected by the members thereof from among their number and serve for 2 years, except that the board by resolution may establish a policy for the term of office to be one year. The president is subject to removal by a majority vote of all the members.

He shall preside at all meetings and shall perform such duties as are imposed upon him by law or by action of the board of education. If he is absent from any meeting or refuses to perform his duties, a president pro tempore shall be appointed. The vice-president of the board, if the board elects such officer, shall be appointed the president pro tempore.

(Source: P.A. 84-497.)

(105 ILCS 5/10-13.1) (from Ch. 122, par. 10-13.1)

Sec. 10-13.1. Vice-President of the board of education. A vice-president of the board of education shall be elected by the members thereof from among their number and serve for 2 years, except that the board by resolution may establish a policy for the term of office to be one year. The vice-president is subject to removal by a majority vote of all the members and, in case of removal or where a vacancy otherwise occurs in the office, the board shall elect a successor to fill the vacancy.

The vice-president shall perform the duties of the president if there is a vacancy in the office of president or in case of the president's absence or inability to act, and other duties imposed upon him by the rules of the board. However, in the event of a permanent vacancy in the office of president, the board shall elect a successor to fill the vacancy of president.

(Source: P.A. 85-839.)

(105 ILCS 5/10-14) (from Ch. 122, par. 10-14)

Sec. 10-14. Secretary of board of education. The secretary of the board of education shall be elected by the board of education and may be a member thereof, who shall serve for 2 years, except that the board by resolution may establish a policy for the term of office to be one year. The secretary is subject to removal by a majority vote of all the members and, in case of removal or where a vacancy otherwise occurs in the office, the board shall elect a successor to fill the vacancy. The secretary, if not a member of the board, may receive such compensation as shall be fixed by the board of education prior to the election of the secretary. If the secretary is a member of the board, he or she may receive such compensation not to exceed $500 per year as shall be fixed by the board and may vote on all questions coming before the board.

He shall perform the duties usually pertaining to his office, or to the clerk of a board of directors, and such as are imposed on him by law, or by action of the board of education. If he is absent from any meeting or refuses to perform his duties, a secretary pro tempore who may but need not be a member of the board shall be appointed.

(Source: P.A. 86-682.)

(105 ILCS 5/10-16) (from Ch. 122, par. 10-16)

Sec. 10-16. Organization of Board. Within 28 days after the consolidated election, other than the consolidated elections in 1999 and 2001, the board shall organize by electing its officers and fixing a time and place for the regular meetings. However, when school board members are elected at the consolidated elections held in April of 1999 and April of 2001, the board shall organize within 7 days after the first Tuesday after the first Monday of November in each such year by electing officers and setting the time and place of the regular meetings. Upon organizing itself as provided in this paragraph, the board shall enter upon the discharge of its duties.

The regional superintendent of schools having supervision and control, as provided in Section 3-14.2, of a new school district that is governed by the School Code and formed on or after the effective date of this amendatory Act of 1998 shall convene the newly elected board within 7 days after the election of the board of education of that district, whereupon the board shall proceed to organize by electing one of their number as president and electing a secretary, who may or may not be a member. At such meeting the length of term of each of the members shall be determined by lot so that 4 shall serve for 4 years, and 3 for 2 years from the commencement of their terms; provided, however, if such members were not elected at the consolidated election in an odd-numbered year, such initial terms shall be extended to the consolidated election for school board members immediately following the expiration of the initial 4 or 2 year terms. The provisions of this paragraph that relate to the determination of terms by lot shall not apply to the initial members of the board of education of a combined school district who are to be elected to unstaggered terms.

The terms of the officers of a board of education shall be for 2 years, except that the terms of the officers elected at the organization meeting in November, 2001 shall expire at the organization meeting in April, 2003; provided that the board by resolution may establish a policy for the terms of office to be one year, and provide for the election of officers. Officers are subject to removal by a majority vote of all the members and, in case of removal or where a vacancy otherwise occurs in any of the offices, the board shall elect a successor to fill the vacancy, except as otherwise provided in Section 10-13.1 of this Code.

Special meetings of the board of education may be called by the president or by any 3 members of the board by giving notice thereof in writing, stating the time, place and purpose of the meeting. Such notice may be served by mail 48 hours before such meeting or by personal service 24 hours before such meeting. Public notice of meetings must also be given as prescribed in Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.

At each regular and special meeting which is open to the public, members of the public and employees of the district shall be afforded time, subject to reasonable constraints, to comment to or ask questions of the board.

The president or district superintendent shall, at each regular board meeting, report any requests made of the district under provisions of the Freedom of Information Act and shall report the status of the district's response.

(Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".