Sen. John M. Sullivan

Filed: 3/11/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 82

2    AMENDMENT NO. ______. Amend Senate Bill 82 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
510-10.5 as follows:
 
6    (105 ILCS 5/10-10.5)
7    Sec. 10-10.5. Community unit school district or combined
8school district formation; school board election.
9    (a) Except as otherwise provided in subsection (b) of this
10Section, for community unit school districts formed before
11January 1, 1975 and for combined school districts formed before
12July 1, 1983, the following provisions apply:
13        (1) if the territory of the district is greater than 2
14    congressional townships or 72 square miles, then not more
15    than 3 board members may be selected from any one
16    congressional township, except that congressional

 

 

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1    townships of less than 100 inhabitants shall not be
2    considered for the purpose of this mandatory board
3    representation;
4        (2) if in the community unit school district or
5    combined school district at least 75% but not more than 90%
6    of the population is in one congressional township, then 4
7    board members shall be selected from the congressional
8    township and 3 board members shall be selected from the
9    rest of the district, except that if in the community unit
10    school district or combined school district more than 90%
11    of the population is in one congressional township, then
12    all board members may be selected from one or more
13    congressional townships; and
14        (3) if the territory of any community unit school
15    district or combined school district consists of not more
16    than 2 congressional townships or 72 square miles, but
17    consists of more than one congressional township or 36
18    square miles, outside of the corporate limits of any city,
19    village, or incorporated town within the school district,
20    then not more than 5 board members may be selected from any
21    city, village, or incorporated town in the school district.
22    (b)(1) The provisions of subsection (a) of this Section for
23mandatory board representation shall no longer apply to a
24community unit school district formed before January 1, 1975,
25to a combined school district formed before July 1, 1983, or to
26community consolidated school districts, and the members of the

 

 

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1board of education shall be elected at large from within the
2school district and without restriction by area of residence
3within the district if both of the following conditions are met
4with respect to that district:
5        (A) A proposition for the election of board members at
6    large and without restriction by area of residence within
7    the school district rather than in accordance with the
8    provisions of subsection (a) of this Section for mandatory
9    board representation is submitted to the school district's
10    voters at a regular school election or at the general
11    election as provided in this subsection (b).
12        (B) A majority of those voting at the election in each
13    congressional township comprising the territory of the
14    school district, including any congressional township of
15    less than 100 inhabitants, vote in favor of the proposition
16    or two-thirds of all voters voting on the proposition vote
17    in favor of the proposition.
18        (2) The school board may, by resolution, order
19    submitted or, upon the petition of the lesser of 2,500 or
20    5% of the school district's registered voters, shall order
21    submitted to the school district's voters, at a regular
22    school election or at the general election, the proposition
23    for the election of board members at large and without
24    restriction by area of residence within the district rather
25    than in accordance with the provisions of subsection (a) of
26    this Section for mandatory board representation; and the

 

 

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1    proposition shall thereupon be certified by the board's
2    secretary for submission.
3        (3) If a majority of those voting at the election in
4    each congressional township comprising the territory of
5    the school district, including any congressional township
6    of less than 100 inhabitants, vote in favor of the
7    proposition or if two-thirds of all voters voting on the
8    proposition vote in favor of the proposition:
9            (A) the proposition to elect board members at large
10        and without restriction by area of residence within the
11        district shall be deemed to have passed,
12            (B) new members of the board shall be elected at
13        large and without restriction by area of residence
14        within the district at the next regular school
15        election, and
16            (C) the terms of office of the board members
17        incumbent at the time the proposition is adopted shall
18        expire when the new board members that are elected at
19        large and without restriction by area of residence
20        within the district have organized in accordance with
21        Section 10-16.
22        (4) In a community unit school district, a combined
23    school district, or a community consolidated school
24    district that formerly elected its members under
25    subsection (a) of this Section to successive terms not
26    exceeding 4 years, the members elected at large and without

 

 

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1    restriction by area of residence within the district shall
2    be elected for a term of 4 years, and in a community unit
3    school district or combined school district that formerly
4    elected its members under subsection (a) of this Section to
5    successive terms not exceeding 6 years, the members elected
6    at large and without restriction by area of residence
7    within the district shall be elected for a term of 6 years;
8    provided that in each case the terms of the board members
9    initially elected at large and without restriction by area
10    of residence within the district as provided in this
11    subsection (b) shall be staggered and determined in
12    accordance with the provisions of Sections 10-10 and 10-16
13    of this Code.
14(Source: P.A. 94-1019, eff. 7-10-06.)".