Full Text of HB5044 93rd General Assembly
HB5044 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5044
Introduced 02/05/04, by Mike Boland SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/11A-8 |
from Ch. 122, par. 11A-8 |
105 ILCS 5/11B-7 |
from Ch. 122, par. 11B-7 |
|
Amends the School Code concerning the organization of unit and combined school districts. Provides that referenda to elect board members at large must pass by a majority of those voting at the election in each congressional township of more than 100 inhabitants (now, in each congressional township, including those of less than 100 inhabitants). Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5044 |
|
LRB093 18329 NHT 44035 b |
|
| 1 |
| AN ACT concerning education.
| 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 changing Sections | 5 |
| 11A-8 and 11B-7 as follows:
| 6 |
| (105 ILCS 5/11A-8) (from Ch. 122, par. 11A-8)
| 7 |
| Sec. 11A-8. Passage requirements.
| 8 |
| (a) Except as otherwise provided by
Section 11A-7, the | 9 |
| proposition to create a community unit school district
shall be | 10 |
| submitted only to the voters of the territory which comprises | 11 |
| the
proposed community unit school district, and if a majority | 12 |
| of the
voters in each of the affected school districts voting | 13 |
| at such election
vote in favor of the establishment of such | 14 |
| community unit school
district, the proposition shall be deemed | 15 |
| to have passed. Unless the
board of education of a new | 16 |
| community unit school district is elected at
the same election | 17 |
| at which the proposition establishing that district is
deemed | 18 |
| to have passed, the regional superintendent of schools shall | 19 |
| order
an election to be held on the next regularly scheduled | 20 |
| election date for
the purpose of electing a board of education | 21 |
| for that district. In either
event, the board of education | 22 |
| elected for a new community unit school
district created under | 23 |
| this Article shall consist of 7 members who shall
have the | 24 |
| terms and the powers and duties of school boards as defined in
| 25 |
| Article 10 of this Act. Nomination papers filed under this | 26 |
| Section are not
valid unless the candidate named therein files | 27 |
| with the regional
superintendent a receipt from the county | 28 |
| clerk showing that the candidate
has filed a statement of | 29 |
| economic interests as required by the Illinois
Governmental | 30 |
| Ethics Act. Such statement shall be so filed either
previously | 31 |
| during the calendar year in which his nomination papers were
| 32 |
| filed or within the period for the filing of nomination papers |
|
|
|
HB5044 |
- 2 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| in
accordance with the general election law. The regional | 2 |
| superintendent
shall perform the election duties assigned by | 3 |
| law to the secretary of a
school board for such election, and | 4 |
| shall certify the officers and
candidates therefor pursuant to | 5 |
| the general election law.
| 6 |
| (b) Except as otherwise provided in subsection (c), for | 7 |
| school
districts formed before January 1, 1975, if the | 8 |
| territory of such district
is greater than 2 congressional | 9 |
| townships or 72 square miles, then not more
than 3 board | 10 |
| members may be selected from any one congressional township,
| 11 |
| but congressional townships of less than 100 inhabitants shall | 12 |
| not be
considered for the purpose of such mandatory board | 13 |
| representation, and in
any such community unit district where | 14 |
| at least 75% but not more than 90%
of the population is in one | 15 |
| congressional township 4 board members shall be
selected | 16 |
| therefrom and 3 board members shall be selected from the rest | 17 |
| of
the district, but in any such community unit district where | 18 |
| more than 90%
of the population is in one congressional | 19 |
| township all board members may be
selected from one or more | 20 |
| congressional townships; and whenever the
territory of any | 21 |
| community unit district shall consist of not more than 2
| 22 |
| congressional townships or 72 square miles, but shall consist | 23 |
| of more than
one congressional township, or 36 square miles, | 24 |
| outside of the corporate
limits of any city, village or | 25 |
| incorporated town within the school
district, not more than 5 | 26 |
| board members shall be selected from any city,
village or | 27 |
| incorporated town in such school district.
| 28 |
| (c) The provisions of subsection (b) for mandatory board
| 29 |
| representation shall no longer apply to a community unit school | 30 |
| district
formed prior to January 1, 1975, and the members of | 31 |
| the board of education
shall be elected at large from within | 32 |
| that school district and without
restriction by area of | 33 |
| residence within the district if both of the
following
| 34 |
| conditions are met with respect to that district:
| 35 |
| (1) A proposition for the election of board members at | 36 |
| large
and
without restriction by area of residence within |
|
|
|
HB5044 |
- 3 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| the district rather than in
accordance with the provisions | 2 |
| of subsection (b) for mandatory board
representation is
| 3 |
| submitted to the school district's voters at a regular | 4 |
| school election or
at the general election as provided in | 5 |
| this subsection (c).
| 6 |
| (2) A majority of those voting at the election in each
| 7 |
| congressional
township of more than 100 inhabitants
| 8 |
| comprising the territory of the school district , including | 9 |
| any
congressional township of less than 100 inhabitants,
| 10 |
| vote in favor of the
proposition.
| 11 |
| The board of education of the school district may by | 12 |
| resolution order
submitted or, upon the petition of the lesser | 13 |
| of 2,500 or 5% of the school
district's registered voters, | 14 |
| shall order submitted to the school
district's voters at a | 15 |
| regular school election or at the general election
the | 16 |
| proposition for the election of board members at large and | 17 |
| without
restriction by area of residence within the district | 18 |
| rather than in
accordance with the provisions of subsection (b) | 19 |
| for mandatory board
representation; and the proposition shall | 20 |
| thereupon be certified by the
board's secretary for submission. | 21 |
| If a majority of those voting at the
election in each | 22 |
| congressional township of more than 100 inhabitants comprising | 23 |
| the territory of the
school district , including any | 24 |
| congressional township of less than 100
inhabitants, vote in | 25 |
| favor of the proposition: (i) the proposition to elect board | 26 |
| members
at large and without restriction by area of residence | 27 |
| within the district
shall be deemed to have passed, (ii) new | 28 |
| members of the board shall be
elected at large and without | 29 |
| restriction by area of residence within the
district at the | 30 |
| next regular school election, and (iii) the terms of office
of | 31 |
| the board members incumbent at the time the proposition is | 32 |
| adopted shall
expire when the new board members that are | 33 |
| elected at large and without
restriction by area of residence | 34 |
| within the district have organized in
accordance with Section | 35 |
| 10-16. In a community unit school district that
formerly | 36 |
| elected its members under subsection (b) to successive terms |
|
|
|
HB5044 |
- 4 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| not
exceeding 4 years, the members elected at large and without | 2 |
| restriction by
area of residence within the district shall be | 3 |
| elected for a term of 4
years, and in a community unit school | 4 |
| district that formerly elected its
members under subsection (b) | 5 |
| to successive terms not exceeding 6 years, the
members elected | 6 |
| at large and without restriction by area of residence
within | 7 |
| the district shall be elected for a term of 6 years; provided, | 8 |
| that
in each case the terms of the board members initially | 9 |
| elected at large and
without restriction by area of residence | 10 |
| within the district as provided in
this subsection shall be | 11 |
| staggered and determined in accordance with the
provisions of | 12 |
| Sections 10-10 and
10-16.
| 13 |
| (Source: P.A. 89-129, eff. 7-14-95.)
| 14 |
| (105 ILCS 5/11B-7) (from Ch. 122, par. 11B-7)
| 15 |
| Sec. 11B-7. Passage requirements.
| 16 |
| (a) Except as otherwise provided in subsection (a-5) of | 17 |
| this Section, if
a majority of the electors voting
at such | 18 |
| election held within the territory of the proposed combined | 19 |
| school
district vote in favor of the establishment of such | 20 |
| combined school district,
the proposition shall be deemed to | 21 |
| have passed. Unless the board of
education of a new combined | 22 |
| school district is elected at the same election
at which the | 23 |
| proposition establishing that district is deemed to have
| 24 |
| passed, the regional superintendent of schools shall order an | 25 |
| election to
be held on the next regularly scheduled election | 26 |
| date for the purpose of
electing a board of education for that | 27 |
| district. In either event, the
board of education elected for a | 28 |
| new combined school district created under
this Article shall | 29 |
| consist of 7 members who shall have the terms and the
powers | 30 |
| and duties of school boards as defined in Article 10 of this | 31 |
| Act,
except that the initial members of the board of education | 32 |
| of a new combined
school district to which the provisions of | 33 |
| subsection (a-5) apply shall be
elected to serve terms as | 34 |
| provided in subsection (a-5) of this Section.
Nomination papers | 35 |
| filed under this Section are not valid unless the
candidate |
|
|
|
HB5044 |
- 5 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| named therein files with the regional superintendent a receipt
| 2 |
| from the county clerk showing that the candidate has filed a | 3 |
| statement of
economic interest as required by the Illinois | 4 |
| Governmental Ethics Act.
Such statement shall be so filed | 5 |
| either previously during the calendar year
in which his | 6 |
| nomination papers were filed or within the period for the
| 7 |
| filing of nomination papers in accordance with the general | 8 |
| election law.
The regional superintendent shall perform the | 9 |
| election duties assigned by
law to the secretary of a school | 10 |
| board for such election, and shall certify
the officers and | 11 |
| candidates therefor pursuant to the general election law.
| 12 |
| (a-5) If a petition is filed under this Article to form a | 13 |
| combined school
district from 2 contiguous, entire elementary | 14 |
| school districts (both of which
districts are located in a | 15 |
| county with a population in excess of 175,000, one
of
which | 16 |
| districts has an enrollment for the 1996-1997 school year of | 17 |
| not less
than 70 nor more than 75 pupils and not less than 340 | 18 |
| nor more than 350
registered voters on the effective date of | 19 |
| this amendatory Act of 1997, and the
other of which districts | 20 |
| has an enrollment for the 1996-1997 school year of not
less | 21 |
| than 275 nor more than 280 pupils and not less than 1600 nor | 22 |
| more than
1610 registered voters on the effective date of this | 23 |
| amendatory Act of 1997),
and if the proposition to establish | 24 |
| that combined school district is submitted
to the voters at the | 25 |
| nonpartisan election in November of 1997 or at any regular
| 26 |
| scheduled election during calendar year 1998, then the | 27 |
| proposition shall be
deemed to have passed if and only if a | 28 |
| majority of the voters in each of the 2
affected elementary | 29 |
| school districts voting at the election vote in favor of
the | 30 |
| establishment of the combined school district. At the election | 31 |
| at which
the
initial members of the board of education of the | 32 |
| new combined school district
are elected (whether they are | 33 |
| elected at the same election at which the
proposition | 34 |
| establishing the combined school district is deemed to have | 35 |
| passed
or at the next regularly scheduled election), one shall | 36 |
| be elected at large
from within the territory that is to |
|
|
|
HB5044 |
- 6 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| comprise the combined school district, 3
shall be elected by | 2 |
| area of residence within the territory that, until the
combined | 3 |
| school district is established, comprises one of the affected
| 4 |
| elementary school districts that forms part of the combined | 5 |
| school district,
and 3 shall be elected by area of residence | 6 |
| within the territory that, until
the combined school district | 7 |
| is established, comprises the other affected
elementary school | 8 |
| district that forms the remainder of the combined school
| 9 |
| district. All 7 of the initial board members shall serve for | 10 |
| unstaggered terms
that expire when their successors are elected | 11 |
| and have organized in accordance
with Section 10-16. The | 12 |
| immediate successors in office of the initial board
members of | 13 |
| the combined school district shall be elected at the regular | 14 |
| school
election held in calendar year 2001. Those immediate | 15 |
| successors and their
successors in office shall be elected at | 16 |
| large from within the combined school
district and without | 17 |
| restriction by area of residence for a term of 4 years;
| 18 |
| provided that the terms of the board members elected at
the | 19 |
| regular school election held in calendar year 2001 shall be | 20 |
| staggered and
determined in accordance with the provisions of | 21 |
| Section 10-16.
| 22 |
| (b) Except as otherwise provided in subsection (c), for | 23 |
| school districts
formed before July 1, 1983, if the territory | 24 |
| of such
district is greater than 2 congressional townships or | 25 |
| 72 square miles, then
not more than 3 board members may be | 26 |
| selected from any one congressional
township, but | 27 |
| congressional townships of less than 100 inhabitants shall
not | 28 |
| be considered for the purpose of such mandatory board | 29 |
| representation,
and in any such combined school district where | 30 |
| at least 75% but not more
than 90% of the population is in one | 31 |
| congressional township 4 board members
shall be selected | 32 |
| therefrom and 3 board members shall be selected from the
rest | 33 |
| of the district, but in any such combined school district where | 34 |
| more
than 90% of the population is in one congressional | 35 |
| township all board
members may be selected from one or more | 36 |
| congressional townships; and
whenever the territory of any |
|
|
|
HB5044 |
- 7 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| combined school district shall consist of not
more than 2 | 2 |
| congressional townships or 72 square miles, but shall consist
| 3 |
| of more than one congressional township, or 36 square miles, | 4 |
| outside of the
corporate limits of any city, village or | 5 |
| incorporated town within the
school district, not more than 5 | 6 |
| board members shall be selected from any
city, village or | 7 |
| incorporated town in such school district.
| 8 |
| (c) The provisions of subsection (b) for mandatory board | 9 |
| representation
shall no longer apply to a combined school | 10 |
| district formed before July 1, 1983
or to community | 11 |
| consolidated school districts,
and the members of the board of | 12 |
| education shall be elected at large from within
the school | 13 |
| district and without restriction by area of residence within | 14 |
| the
district if both of the following conditions are met with | 15 |
| respect to that
district:
| 16 |
| (1) A proposition for the election of board members at | 17 |
| large
and
without restriction by area of residence within | 18 |
| the district rather than in
accordance with the provisions | 19 |
| of subsection (b) for mandatory board
representation is
| 20 |
| submitted to the school district's voters at a regular | 21 |
| school election or
at the general election as provided in | 22 |
| this subsection (c).
| 23 |
| (2) A majority of those voting at the election in each
| 24 |
| congressional
township of more than 100 inhabitants
| 25 |
| comprising the territory of the school district , including | 26 |
| any
congressional township of less than 100 inhabitants,
| 27 |
| vote in favor of the
proposition.
| 28 |
| The board of education of the school district may by | 29 |
| resolution order
submitted or, upon the petition of the lesser | 30 |
| of 2,500 or 5% of the school
district's registered voters, | 31 |
| shall order submitted to the school
district's voters at a | 32 |
| regular school election or at the general election
the | 33 |
| proposition for the election of board members at large and | 34 |
| without
restriction by area of residence within the district | 35 |
| rather than in
accordance with the provisions of subsection (b) | 36 |
| for mandatory board
representation; and the proposition shall |
|
|
|
HB5044 |
- 8 - |
LRB093 18329 NHT 44035 b |
|
| 1 |
| thereupon be certified by the
board's secretary for submission. | 2 |
| If a majority of those voting at the
election in each | 3 |
| congressional township of more than 100 inhabitants comprising | 4 |
| the territory of the
school district , including any | 5 |
| congressional township of less than 100
inhabitants, vote in | 6 |
| favor of the proposition: (i) the proposition to elect
board | 7 |
| members
at large and without restriction by area of residence | 8 |
| within the district
shall be deemed to have passed, (ii) new | 9 |
| members of the board shall be
elected at large and without | 10 |
| restriction by area of residence within the
district at the | 11 |
| next regular school election, and (iii) the terms of office
of | 12 |
| the board members incumbent at the time the proposition is | 13 |
| adopted shall
expire when the new board members that are | 14 |
| elected at large and without
restriction by area of residence | 15 |
| within the district have organized in
accordance with Section | 16 |
| 10-16. In a combined school district
or a community | 17 |
| consolidated school district
that
formerly elected its members | 18 |
| under subsection (b) to successive terms not
exceeding 4 years, | 19 |
| the members elected at large and without restriction by
area of | 20 |
| residence within the district shall be elected for a term of 4
| 21 |
| years, and in a combined school district that formerly elected | 22 |
| its
members under subsection (b) to successive terms not | 23 |
| exceeding 6 years, the
members elected at large and without | 24 |
| restriction by area of residence
within the district shall be | 25 |
| elected for a term of 6 years; provided, that
in each case the | 26 |
| terms of the board members initially elected at large and
| 27 |
| without restriction by area of residence within the district as | 28 |
| provided in
this subsection shall be staggered and determined | 29 |
| in accordance with the
provisions of Sections 10-10 and
10-16.
| 30 |
| (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95; | 31 |
| 90-459, eff.
8-17-97.)
| 32 |
| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
|
|