093_HB1168

 
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 1        AN ACT concerning schools.

 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 adding Section
 5    7-31 as follows:

 6        (105 ILCS 5/7-31 new)
 7        Sec.   7-31.  Annexation   of   contiguous   portion   of
 8    elementary or high school district.
 9        (a) In this Section:
10        "Contiguous" means having a common  border  of  not  less
11    than 100 linear feet.
12        "Specially  qualified professional land surveyor" means a
13    professional land surveyor whose credentials include  serving
14    or  having served as a paid advisor or consultant to at least
15    2  of  the  following:  any  department,  board,  commission,
16    authority, or other agency of the State of Illinois.
17        (b)  Notwithstanding any other provision  of  this  Code,
18    any  contiguous portion of an elementary school district must
19    be detached from that district and annexed  to  an  adjoining
20    elementary  school  district  to  which  the  portion is also
21    contiguous and  any  contiguous  portion  of  a  high  school
22    district   must be detached from that district and annexed to
23    an adjoining school district to which  the  portion  is  also
24    contiguous  (herein  referred  to  as "the Territory") upon a
25    petition or petitions filed under this Section if all of  the
26    following conditions are met with respect to each petition:
27             (1)  The  Territory  is to be detached from a school
28        district that is located predominantly (meaning more than
29        50% of  the district's area)  in a  county  of  not  less
30        than  2,000,000  and  is  to  be  annexed  into  a school
31        district located overwhelmingly (meaning more than 75% of
 
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 1        its area) in a county of  not less than 750,000  and  not
 2        more  than  1,500,000, and, on the effective date of this
 3        amendatory   Act  of  the  93rd  General  Assembly,   the
 4        Territory  consists  of  not more than 500 acres of which
 5        not more than 300 acres is vacant land and of  which  not
 6        more  than  200  acres  is either platted for or improved
 7        with residences and  is  located  predominately  (meaning
 8        more  than 50% of its area) within a municipality that is
 9        (i) located predominantly (meaning more than 50%  of  the
10        area of  the municipality) outside the elementary or high
11        school  district  from  which  the  Territory  is  to  be
12        detached  and  (ii)  located  partly or wholly within the
13        territorial boundaries of  the  adjoining  elementary  or
14        high  school  district  to  which  the Territory is to be
15        annexed. Conclusive proof  of  the   boundaries  of  each
16        school  district  and  the municipality is  a document or
17        documents setting forth the boundaries and  certified  by
18        the  county  clerk  of each county or by the clerk of the
19        municipality as being a correct copy of records  on  file
20        with the county clerk or the clerk of the municipality as
21        of  a  date  not more than 60 days before the filing of a
22        petition under  this  Section.  If  the  records  of  the
23        respective  clerks show boundaries as of different dates,
24        those records are deemed contemporaneous for purposes  of
25        this Section.
26             (2)  The equalized assessed valuation of the taxable
27        property  of  the  Territory constitutes less than  5% of
28        the equalized assessed valuation of the taxable  property
29        of  the  school district from which it is to be detached.
30        Conclusive proof of the equalized assessed  valuation  of
31        each  district is a  document  or  documents  stating the
32        equalized assessed valuation and certified, by the county
33        clerk of  a county of not less than 2,000,000 and by  the
34        county  assessor  or township assessor in a county of not
 
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 1        less than 750,000 and not more than 1,500,000, as correct
 2        by the certifying office as of a date not  more  than  60
 3        days  before the filing of a petition under this Section.
 4        If the  records  from  the  2  counties   show  equalized
 5        assessed  valuation  as of different dates, those records
 6        are deemed contemporaneous for purposes of this Section.
 7             (3)  The Territory is  predominately  (meaning  more
 8        than  50%  of  its  area)   within a municipality that is
 9        predominantly (meaning more than 50% of the area  of  the
10        municipality)  within  a  county of not less than 750,000
11        and  not  more  than  1,500,000.  Conclusive  proof    of
12        boundaries   of    the  municipality  is  a  document  or
13        documents setting forth the boundaries and  certified  by
14        the  county clerk of the county in which the municipality
15        is located or by the clerk of the municipality as correct
16        as of a date not more than 60 days before the filing of a
17        petition under this Section.
18             (4)  The Territory, as of a date not  more  than  60
19        days  before  the  filing  of  a  petition,  has not been
20        developed with  structures  for  commercial,  office,  or
21        industrial   uses,  except  for  temporary  buildings  or
22        structures constructed pursuant to a permit or permits by
23        the applicable permitting authority for an  initial  term
24        of  not  more  than  15  years.   Conclusive proof of the
25        development of the land is a notarized statement, as of a
26        date not more  than  60  days  before  the  filing  of  a
27        petition  under  this  Section,  by a specially qualified
28        professional land  surveyor  licensed  by  the  State  of
29        Illinois.
30             (5)  The area of the Territory is 5% or less of  the
31        area  of  the  school  district  from  which  it is to be
32        detached. Conclusive proof of the areas  is  a  notarized
33        written  statement  by a specially qualified professional
34        land surveyor licensed by the State of Illinois.
 
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 1             (6)  Travel on public roads within 5 miles from  the
 2        Territory  to   schools in the school district from which
 3        the Territory is to  be  detached  requires  crossing  an
 4        interstate highway. Travel on public roads within 5 miles
 5        from the Territory to  schools in the school district  to
 6        which  the  Territory  is  to be annexed does not require
 7        crossing an interstate highway. Conclusive proof  of  the
 8        facts  in  this  paragraph  (6)  is  a  notarized written
 9        statement by  a  specially  qualified  professional  land
10        surveyor licensed by the State of  Illinois.
11        (c)  No  school  district  may  lose  more than 5% of its
12    equalized  assessed  valuation  nor  more  than  5%  of   its
13    territory  through  petitions  filed under this Section. If a
14    petition seeks to detach territory that  would  result  in  a
15    cumulative  total of more than 5% of the district's equalized
16    assessed  valuation  or  more  than  5%  of  the   district's
17    territory  being  detached  under  this Section, the petition
18    shall be denied without prejudice to its being filed pursuant
19    to Section 7-6 of this Code.
20        (d)  Conclusive proof of the  population of a  county  is
21    the most recent federal decennial census.
22        (e)  A  petition filed under this Section with respect to
23    the Territory must be filed with the regional board of school
24    trustees of the county where the Territory is located (herein
25    referred to as the Regional Board) at its regular offices not
26    later than the 24 months after the  effective  date  of  this
27    amendatory  Act  of  the 93rd General Assembly and (i) in the
28    case of  any portion of the  Territory  not  developed   with
29    residences, signed by or on behalf of the taxpayers of record
30    of  properties  constituting  60%  or more of the land not so
31    developed and  (ii)  in  the  case  of  any  portion  of  the
32    Territory  developed  by residences, signed by 60% or more of
33    registered voters  residing  in  the  residences.  Conclusive
34    proof  of  who  are  the  taxpayers  of  record is a document
 
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 1    certified by the assessor of the county or township in  which
 2    the  property  is  located as of a date not more than 60 days
 3    before  the  filing  of  a  petition  under   this   Section.
 4    Conclusive  proof  of who are registered voters is a document
 5    certified by the board  of  election  commissioners  for  the
 6    county in which the registered voters reside as of a date not
 7    earlier  than  60  days  before  the  filing of the petition.
 8    Conclusive proof of the area of the Territory and the area of
 9    properties within the Territory  is  a  survey  or  notarized
10    statement,  as  of  a  date  not more than 60 days before the
11    filing of the petition, by a specially qualified professional
12    land surveyor licensed by the State of  Illinois.
13        (f)  The Regional Board must (1) hold a hearing  on  each
14    petition at its regular offices within 90 days after the date
15    of  filing;  (2)  render  a  decision granting or denying the
16    petition within 30 days after the hearing; and (3) within  14
17    days  after  the  decision,  serve  a copy of the decision by
18    certified  mail,   return   receipt   requested,   upon   the
19    petitioners   and  upon  the  school  boards  of  the  school
20    districts from which the territory described in the  petition
21    is sought to be detached and to which the territory is sought
22    to  be  annexed.   If   petitions  are filed pertaining to an
23    elementary  school  district  and  a  high  school   district
24    described  in  this Section, if the petitions pertain to land
25    not developed with residences, and if  the  2  petitions  are
26    filed  within  28  days  of each other, the petitions must be
27    consolidated for hearing and heard at the same  hearing.   If
28    petitions  are  filed  pertaining  to  an  elementary  school
29    district  and  a  high  school  district  described  in  this
30    Section,  if  the  petitions  pertain  to land developed with
31    residences, and if the petitions are filed within 28 days  of
32    each  other, the 2 petitions must be consolidated for hearing
33    and heard at the same hearing. If the Regional Board does not
34    serve a copy of the decision  within  the  time  and  in  the
 
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 1    manner  required,  any petitioner has the right to obtain, in
 2    the circuit court of the county in  which  the  petition  was
 3    filed,  a  mandamus requiring the Regional Board to serve the
 4    decision immediately to the parties in the  manner  required.
 5    Upon  proof  that  the  Regional  Board  has  not  served the
 6    decision to the  parties  or  in  the  manner  required,  the
 7    circuit court must immediately issue the order.
 8        The Regional Board has no authority or discretion to hear
 9    any  evidence  or  consider  any issues at the hearing except
10    those  that  may  be  necessary  to  determine  whether   the
11    conditions  and limitations of this Section have been met. If
12    the Regional Board finds that such conditions and limitations
13    have been met, the Regional Board must grant the petition.
14        The Regional Board must (i) give written  notice  of  the
15    time  and place of the hearing not less than 30 days prior to
16    the date of the hearing to the school  board  of  the  school
17    district  from  which the territory described in the petition
18    is to be detached and to  the  school  board  of  the  school
19    district  to  which  the  territory is to be annexed and (ii)
20    publish  notice  of  the  hearing  in  a  newspaper  that  is
21    circulated within the county in which the territory described
22    in the petition is  located  and  is  circulated  within  the
23    school districts whose school boards are entitled to notice.
24        (g)  If  the  granting  of  a  petition  filed under this
25    Section has become  final  either  through  failure  to  seek
26    administrative  review or by the final decision of a court on
27    review, the change in boundaries becomes effective  forthwith
28    and for all purposes, except that if granting of the petition
29    becomes  final between September 1 of any year and June 30 of
30    the following year, the administration of and  attendance  at
31    the  schools  are  not affected until July 1 of the following
32    year, at which time  the change  becomes  effective  for  all
33    purposes.  After  the granting of the petition becomes final,
34    the date when the change  becomes  effective for purposes  of
 
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 1    administration  and  attendance  may,  in  the  case  of land
 2    improved with residences, be accelerated or postponed  either
 3    (i)  by  stipulation  of  the  school  boards  of  the school
 4    districts from which the territory described in the  petition
 5    is  detached and to which the territory is annexed or (ii) by
 6    stipulation  of   the  registered  voters  who   signed   the
 7    petition.  Their stipulation may be contained in the petition
 8    or a separate document signed by them. Their stipulation must
 9    be filed with the Regional Board  not  later  than  120  days
10    after  approval  of  their petition. The parent or parents or
11    the guardian of each student in the affected school districts
12    shall have the right to have  the  student  continue  in  the
13    school   that   the  student  is  currently  attending  until
14    graduation from that school or a shorter period if requested.
15        (h)  The decision  of  the  Regional  Board  is  a  final
16    "administrative  decision" as defined in Section 3-101 of the
17    Code of Civil Procedure, and any  petitioner  or  the  school
18    board  of   the  school district from which the land is to be
19    detached or of the school district to which the land is to be
20    annexed may, within 35 days after  a  copy  of  the  decision
21    sought  to  be reviewed was served by certified mail upon the
22    affected party thereby or upon an attorney of record for such
23    party, apply for a review of the decision in accordance  with
24    the  Administrative Review Law and the rules adopted pursuant
25    to the Administrative Review Law. Standing to apply for or in
26    any manner seek review of the decision is limited exclusively
27    to a petitioner or school district described in this Section.
28        The commencement of any action for review  operates as  a
29    supersedeas,  and  no  further proceedings are allowed  until
30    final disposition of the review. The  circuit  court  of  the
31    county in which the petition is filed with the Regional Board
32    has sole jurisdiction to entertain a complaint for review.
33        (i)  This  Section  (i)  is  not  limited by and operates
34    independently of all other provisions  of  this  Article  and
 
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 1    (ii)  constitutes  complete  authority  for  the  granting or
 2    denial by the Regional Board of a petition filed  under  this
 3    Section  when  the  conditions prescribed by this Section for
 4    the filing of that petition are met or not met  as  the  case
 5    may be.

 6        Section  90.  The State Mandates Act is amended by adding
 7    Section 8.27 as follows:

 8        (30 ILCS 805/8.27 new)
 9        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
10    and  8 of this Act, no reimbursement by the State is required
11    for  the  implementation  of  any  mandate  created  by  this
12    amendatory Act of the 93rd General Assembly.

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