Rep. Michael K. Smith

Filed: 10/15/2009

 

 


 

 


 
09600SB0226ham003 LRB096 08010 MJR 30087 a

1
AMENDMENT TO SENATE BILL 226

2     AMENDMENT NO. ______. Amend Senate Bill 226, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The School Code is amended by changing Section
6 7-04 as follows:
 
7     (105 ILCS 5/7-04)  (from Ch. 122, par. 7-04)
8     Sec. 7-04. Districts in educational service regions of
9 2,000,000 or more inhabitants.
10     (a) In all proceedings under this Article to change by
11 detachment, annexation, division, dissolution, or any
12 combination of those methods the boundaries of any school
13 district (other than a school district organized under Article
14 34) located in an educational service region of 2,000,000 or
15 more inhabitants in which the regional board of school trustees
16 is abolished as provided in subsection (a) of Section 6-2, the

 

 

09600SB0226ham003 - 2 - LRB096 08010 MJR 30087 a

1 trustees of schools of the township in which that school
2 district is located, as the successor under subsection (b) of
3 Section 6-2 to the former regional board of school trustees
4 with respect to all territory located in that school township,
5 shall have, exercise, and perform all powers, duties, and
6 responsibilities required under this Article to be exercised
7 and performed in those proceedings by a regional board of
8 school trustees; provided that if any school district affected
9 by those proceedings is located in a school township referred
10 to in subsection (b) of Section 5-1 and there are no trustees
11 of schools acting in that township then the State Board of
12 Education school board of any such district, as the successor
13 under subsection (b) of Section 6-2 to the former regional
14 board of school trustees with respect to the territory
15 comprising that school district, shall have, exercise, and
16 perform all powers, duties, and responsibilities required
17 under this Article to be exercised and performed in those
18 proceedings with respect to the territory of that school
19 district by a regional board of school trustees; and provided
20 further that: (i) when any school district affected by those
21 proceedings is located not only in an educational service
22 region of 2,000,000 or more inhabitants but also in 2 or more
23 school townships in that region that each have trustees of
24 schools of the township, then the boundaries of that school
25 district may be changed under this Article by detachment,
26 annexation, division, dissolution, or any combination of those

 

 

09600SB0226ham003 - 3 - LRB096 08010 MJR 30087 a

1 methods only by the concurrent action of, taken following a
2 joint hearing before the trustees of schools of those townships
3 (in that educational service region) in which that school
4 district is located; and (ii) if any part of the school
5 district referred to in item (i) of this subsection also lies
6 within an educational service region that has a regional board
7 of school trustees, the boundaries of that district may be
8 changed under this Article only by the concurrent action of,
9 taken following a joint hearing before the trustees of schools
10 of the townships referred to in item (i) of this subsection and
11 the regional board of school trustees of the educational
12 service region referred to in this item (ii) of this
13 subsection. Whenever concurrent action and joint hearings are
14 required under this subsection, the original petition shall be
15 filed with the trustees of schools of the township in which the
16 territory or greatest portion of the territory being detached
17 is located, or if the territory is being detached from more
18 than one educational service region then with the regional
19 board of school trustees of the region or the trustees of
20 schools of the township in which the territory or greatest
21 portion of the territory being detached is located.
22     (b) Except as otherwise provided in this Section, all other
23 provisions of this Article shall apply to any proceedings under
24 this Article to change the boundaries of any school district
25 located in an educational service region having 2,000,000 or
26 more inhabitants in the same manner that those provisions apply

 

 

09600SB0226ham003 - 4 - LRB096 08010 MJR 30087 a

1 to any proceedings to change the boundaries of any school
2 district located in any other educational service region;
3 provided, that any reference in those other provisions to the
4 regional board of school trustees shall mean, with respect to
5 all territory within an educational service region containing
6 2,000,000 or more inhabitants that formerly was served by a
7 regional board of school trustees abolished under subsection
8 (a) of Section 6-2, the trustees of schools of the township or
9 the school board of the school district that is the successor
10 under subsection (b) of Section 6-2 to the former regional
11 board of school trustees with respect to the territory included
12 within that school township or school district or the State
13 Board of Education when any school district affected by those
14 proceedings is located in a school township referred to in
15 subsection (b) of Section 5-1 and there are no trustees of
16 schools acting in that township.
17 (Source: P.A. 87-969.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".