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90_HB2560ham002
LRB9008401THpkam01
1 AMENDMENT TO HOUSE BILL 2560
2 AMENDMENT NO. . Amend House Bill 2560, AS AMENDED,
3 by replacing all of Section 5 with the following:
4 "Section 5. The Election Code is amended by changing
5 Sections 2A-1.2 and 2A-50 as follows:
6 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
7 Sec. 2A-1.2. Consolidated Schedule of Elections -
8 Offices Designated.
9 (a) At the general election in the appropriate
10 even-numbered years, the following offices shall be filled or
11 shall be on the ballot as otherwise required by this Code:
12 (1) Elector of President and Vice President of the
13 United States;
14 (2) United States Senator and United States
15 Representative;
16 (3) State Executive Branch elected officers;
17 (4) State Senator and State Representative;
18 (5) County elected officers, including State's
19 Attorney, County Board member, County Commissioners, and
20 elected President of the County Board or County Chief
21 Executive;
22 (6) Circuit Court Clerk;
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1 (7) Regional Superintendent of Schools, except in
2 counties or educational service regions in which that
3 office has been abolished;
4 (8) Judges of the Supreme, Appellate and Circuit
5 Courts, on the question of retention, to fill vacancies
6 and newly created judicial offices;
7 (9) (Blank);
8 (10) Trustee of the Metropolitan Sanitary District
9 of Chicago, and elected Trustee of other Sanitary
10 Districts;
11 (11) Special District elected officers, not
12 otherwise designated in this Section, where the statute
13 creating or authorizing the creation of the district
14 requires an annual election and permits or requires
15 election of candidates of political parties.
16 (b) At the general primary election:
17 (1) in each even-numbered year candidates of
18 political parties shall be nominated for those offices to
19 be filled at the general election in that year, except
20 where pursuant to law nomination of candidates of
21 political parties is made by caucus.
22 (2) in the appropriate even-numbered years the
23 political party offices of State central committeeman,
24 township committeeman, ward committeeman, and precinct
25 committeeman shall be filled and delegates and alternate
26 delegates to the National nominating conventions shall be
27 elected as may be required pursuant to this Code. In the
28 even-numbered years in which a Presidential election is
29 to be held, candidates in the Presidential preference
30 primary shall also be on the ballot.
31 (3) in each even-numbered year, where the
32 municipality has provided for annual elections to elect
33 municipal officers pursuant to Section 6(f) or Section 7
34 of Article VII of the Constitution, pursuant to the
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1 Illinois Municipal Code or pursuant to the municipal
2 charter, the offices of such municipal officers shall be
3 filled at an election held on the date of the general
4 primary election, provided that the municipal election
5 shall be a nonpartisan election where required by the
6 Illinois Municipal Code. For partisan municipal
7 elections in even-numbered years, a primary to nominate
8 candidates for municipal office to be elected at the
9 general primary election shall be held on the Tuesday 6
10 weeks preceding that election.
11 (4) in each school district which has adopted the
12 provisions of Article 33 of the School Code, successors
13 to the members of the board of education whose terms
14 expire in the year in which the general primary is held
15 shall be elected.
16 (c) At the consolidated election in the appropriate
17 odd-numbered years, the following offices shall be filled:
18 (1) Municipal officers, provided that in
19 municipalities in which candidates for alderman or other
20 municipal office are not permitted by law to be
21 candidates of political parties, the runoff election
22 where required by law, or the nonpartisan election where
23 required by law, shall be held on the date of the
24 consolidated election; and provided further, in the case
25 of municipal officers provided for by an ordinance
26 providing the form of government of the municipality
27 pursuant to Section 7 of Article VII of the Constitution,
28 such offices shall be filled by election or by runoff
29 election as may be provided by such ordinance;
30 (2) Village and incorporated town library
31 directors;
32 (3) City boards of stadium commissioners;
33 (4) Commissioners of park districts;
34 (5) Trustees of public library districts;
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1 (6) Special District elected officers, not
2 otherwise designated in this section, where the statute
3 creating or authorizing the creation of the district
4 permits or requires election of candidates of political
5 parties;
6 (7) Township officers, including township park
7 commissioners, township library directors, and boards of
8 managers of community buildings, and Multi-Township
9 Assessors;
10 (8) Highway commissioners and road district clerks;
11 (9) Members of school boards in school districts
12 which adopt Article 33 of the School Code;
13 (10) The directors and chairman of the Chain O
14 Lakes - Fox River Waterway Management Agency;
15 (11) Forest preserve district commissioners elected
16 under Section 3.5 of the Downstate Forest Preserve
17 District Act;
18 (12) Elected members of school boards, school
19 trustees, directors of boards of school directors,
20 trustees of regional county boards of school trustees
21 (except in counties or educational service regions having
22 a population of 2,000,000 or more inhabitants or in which
23 the regional board of school trustees has been abolished
24 or in which members of the regional board of school
25 trustees no longer may be elected as provided in
26 paragraph (2) of subsection (a) of Section 6-2 of the
27 School Code), and members of boards of school inspectors,
28 except school boards in school districts that adopt
29 Article 33 of the School Code;
30 (13) Members of Community College district boards;
31 (14) Trustees of Fire Protection Districts;
32 (15) Commissioners of the Springfield Metropolitan
33 Exposition and Auditorium Authority;
34 (16) Elected Trustees of Tuberculosis Sanitarium
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1 Districts;
2 (17) Elected Officers of special districts not
3 otherwise designated in this Section for which the law
4 governing those districts does not permit candidates of
5 political parties.
6 (d) At the consolidated primary election in each
7 odd-numbered year, candidates of political parties shall be
8 nominated for those offices to be filled at the consolidated
9 election in that year, except where pursuant to law
10 nomination of candidates of political parties is made by
11 caucus, and except those offices listed in paragraphs (12)
12 through (17) of subsection (c).
13 At the consolidated primary election in the appropriate
14 odd-numbered years, the mayor, clerk, treasurer, and aldermen
15 shall be elected in municipalities in which candidates for
16 mayor, clerk, treasurer, or alderman are not permitted by law
17 to be candidates of political parties, subject to runoff
18 elections to be held at the consolidated election as may be
19 required by law, and municipal officers shall be nominated in
20 a nonpartisan election in municipalities in which pursuant to
21 law candidates for such office are not permitted to be
22 candidates of political parties.
23 At the consolidated primary election in the appropriate
24 odd-numbered years, municipal officers shall be nominated or
25 elected, or elected subject to a runoff, as may be provided
26 by an ordinance providing a form of government of the
27 municipality pursuant to Section 7 of Article VII of the
28 Constitution.
29 (e) (Blank).
30 (f) At any election established in Section 2A-1.1,
31 public questions may be submitted to voters pursuant to this
32 Code and any special election otherwise required or
33 authorized by law or by court order may be conducted pursuant
34 to this Code.
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1 Notwithstanding the regular dates for election of
2 officers established in this Article, whenever a referendum
3 is held for the establishment of a political subdivision
4 whose officers are to be elected, the initial officers shall
5 be elected at the election at which such referendum is held
6 if otherwise so provided by law. In such cases, the election
7 of the initial officers shall be subject to the referendum.
8 Notwithstanding the regular dates for election of
9 officials established in this Article, any community college
10 district which becomes effective by operation of law pursuant
11 to Section 6-6.1 of the Public Community College Act, as now
12 or hereafter amended, shall elect the initial district board
13 members at the next regularly scheduled election following
14 the effective date of the new district.
15 (g) At any election established in Section 2A-1.1, if in
16 any precinct there are no offices or public questions
17 required to be on the ballot under this Code then no election
18 shall be held in the precinct on that date.
19 (h) There may be conducted a referendum in accordance
20 with the provisions of Division 6-4 of the Counties Code.
21 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
22 eff. 8-9-96; 90-358, eff. 1-1-98.)
23 (10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
24 Sec. 2A-50. Regional Board of School Trustees - Trustee
25 - Time of Election. Except in educational service regions
26 having a population of 2,000,000 or more inhabitants and
27 except in educational service regions in which the regional
28 board of school trustees has been abolished or in which
29 members of the regional board of school trustees no longer
30 may be elected as provided in paragraph (2) of subsection (a)
31 of Section 6-2 of the School Code, a trustee of a regional
32 board of school trustees shall be elected at the consolidated
33 election to succeed each incumbent trustee whose term ends
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1 before the following consolidated election.
2 (Source: P.A. 90-358, eff. 1-1-98.)"; and
3 by deleting all of Section 10; and
4 in the introductory clause of Section 15, by replacing "6-3,
5 6-17, 6-18, 6-19, 6-20, 6-21," with "6-3, 6-4, 6-10, 6-11,
6 6-17, 6-18, 6-19,"; and
7 in the body of Section 15, by replacing everything after the
8 last line of Sec. 3-2.5 with the following:
9 "(105 ILCS 5/6-1) (from Ch. 122, par. 6-1)
10 Sec. 6-1. Fractional townships of less than 200 persons.
11 Each congressional township is a township for school
12 purposes. When a fractional congressional township contains
13 fewer than 200 persons under 21 years of age and has not
14 heretofore been united with any township for school purposes
15 it is hereby attached for school purposes to the adjacent
16 congressional township having the longest territorial line
17 bordering on such fractional township, and all the provisions
18 of this Article shall apply to such united townships shall be
19 treated for school purposes the same as though they were one
20 township.
21 (Source: Laws 1961, p. 31.)
22 (105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
23 Sec. 6-2. Regional board; creation; membership; abolition
24 and transfer of duties.
25 (a) There is created a regional board of school trustees
26 for that territory in each educational service region
27 exclusive of any school district organized under Article 34
28 and exclusive of any school district whose school board has
29 been given the powers of school trustees; provided that:
30 (1) On the effective date of this amendatory Act of
31 1992 the regional board of school trustees theretofore
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1 created and existing for any territory in an educational
2 service region containing 2,000,000 or more inhabitants
3 is abolished, the terms of office of all members of the
4 regional board of school trustees so abolished are
5 terminated on that effective date, and from and after
6 that effective date all rights, powers, duties, and
7 responsibilities that were vested in or required by law
8 to be exercised and performed by the former regional
9 board of school trustees shall be vested in and exercised
10 and performed by the successors to the former regional
11 board of school trustees as provided in subsection (b) of
12 this Section 6-2.
13 (2) The regional board of school trustees for an
14 educational service region containing fewer than
15 2,000,000 inhabitants may be abolished as provided in
16 this paragraph. If all of the territory of an
17 educational service region is located entirely within one
18 county, the regional board of school trustees for that
19 single county educational service region may be abolished
20 by a resolution adopted by a vote of a majority of the
21 members of the county board of that county. If the
22 territory of an educational service region is located in
23 more than one county, the regional board of school
24 trustees for that multicounty educational service region
25 may be abolished by resolution adopted by a vote of a
26 majority of the members of the county boards of each of
27 the counties in which the territory of that educational
28 service region is located. Notwithstanding any other
29 provisions of this paragraph, a county board may not vote
30 upon or adopt a resolution to abolish a regional board of
31 school trustees until at least 30 days after a public
32 announcement is made by the county board that a
33 resolution to abolish the regional board of school
34 trustees will be included on the agenda of a public
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1 meeting of the county board to be held on a specified
2 future date, during which meeting the resolution is to be
3 voted upon. Newspaper publication notice of the required
4 public announcement is not required, and the announcement
5 may be made by the person serving as chairperson of the
6 county board at a public meeting of the board stating
7 publicly for the record, to be recorded in the minutes of
8 the meeting, that the resolution to abolish the regional
9 board of school trustees will be considered and voted
10 upon at a public meeting of the county board to be held
11 on a specified date at least 30 days in the future. No
12 person shall be elected to fill the office of member of a
13 regional board of school trustees of a single county
14 educational service region at any election held on or
15 after the date on which the county board of the county in
16 which all of the territory of that educational service
17 region is located, at least 30 days after the public
18 announcement required by this paragraph is made, adopts a
19 resolution by a vote of a majority of the members of the
20 county board of that county to abolish the regional board
21 of school trustees of that educational service region.
22 No person shall be elected to fill the office of member
23 of a regional board of school trustees of a multicounty
24 educational service region at any election held on or
25 after the date by which all of the county boards of those
26 counties in which any part of the territory of that
27 multicounty educational service region is located, at
28 least 30 days after making their respective public
29 announcements as required by this paragraph, have adopted
30 a resolution by a vote of a majority of their respective
31 members to abolish the regional board of school trustees
32 of that multicounty educational service region. The
33 regional board of school trustees of a multicounty
34 educational service region may not be abolished unless
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1 all of the county boards for the counties in which any
2 part of the territory of the multicounty educational
3 service region is located adopt a resolution to abolish
4 that regional board of school trustees in accordance with
5 the requirements of this paragraph. If the required
6 resolution or resolutions to abolish the regional board
7 of school trustees of a single county or multicounty
8 educational service region are adopted as provided in
9 this paragraph: (i) the term of each incumbent member of
10 that regional board of school trustees serving on the
11 date on and after which members of that regional board of
12 school trustees no longer may be elected shall all expire
13 on the same date that the term of the member last elected
14 expires as provided by law; (ii) the terms of all such
15 incumbent members that, but for the provisions of this
16 amendatory Act of 1998, would have expired sooner, shall
17 be extended until the date on which the term of the
18 incumbent member last elected expires; and (iii) the
19 regional board of school trustees and the office of
20 member of a regional board of school trustees shall be
21 deemed abolished in that educational service region by
22 operation of law on the date on which the terms of those
23 incumbent members expire as provided in this paragraph.
24 However, if a petition for a change in school district
25 boundaries is filed under Article 7, a hearing or joint
26 hearing on that petition before a regional board of
27 school trustees that is to be abolished as provided in
28 this paragraph (or before that regional board of school
29 trustees and another entity required by law to
30 participate in the hearing of that petition) has already
31 been commenced, and a final decision on the petition has
32 not been reached by the date on which that regional board
33 of school trustees is to be abolished as provided in this
34 paragraph, then the terms of the members of that regional
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1 board of school trustees shall again be extended, and
2 that regional board of school trustees shall not be
3 abolished and the terms of its members terminated until a
4 decision is reached on the petition that is deemed an
5 administrative decision under Section 3-101 of the Code
6 of Civil Procedure or until the regional board of school
7 trustees loses jurisdiction over the petition as provided
8 in Section 7-6, whichever first occurs. Upon abolition
9 of the regional board of school trustees in an
10 educational service region containing fewer than
11 2,000,000 inhabitants as provided in this paragraph, all
12 rights, powers, duties, and responsibilities that were
13 vested in and required by law to be performed by that
14 former regional board of school trustees shall be vested
15 in and exercised and performed by the regional
16 superintendent of schools of that educational service
17 region as the successor to that former regional board of
18 school trustees as provided in subsection (c) of this
19 Section.
20 (a-5) Any school district whose board of education acts
21 as a board of school trustees shall continue to have within
22 its district the powers and duties that are exercised by of a
23 regional board of school trustees in an educational service
24 region in which that office has not been abolished.
25 (a-10) Unless abolished as provided in this Section, the
26 regional board of school trustees, in both single county and
27 multi-county educational service regions, shall consist of 7
28 members. In single county regions not more than one trustee
29 may be a resident of any one congressional township; however,
30 in case there are fewer than 7 congressional townships in the
31 region then not more than two of such trustees may be
32 residents of the same congressional township. In 2 county
33 regions at least 2 trustees shall be residents of each
34 county. In 3 or more county regions at least one trustee
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1 shall be a resident of each county. If more than 7 counties
2 constitute the educational service region, the regional board
3 of school trustees shall consist of one resident of each
4 county. The regional board of school trustees, unless
5 abolished as provided in this Section, shall be a body
6 politic and corporate by the name of "Regional Board of
7 School Trustees of.... County (or Counties), Illinois",."
8 Such corporation shall have perpetual existence with power to
9 sue and be sued and to plead and be impleaded in all courts
10 and places where judicial proceedings are had.
11 (b) Upon the abolition of the regional board of school
12 trustees and the termination of the terms of office of the
13 members of that former regional board of school trustees in
14 an educational service region containing 2,000,000 or more
15 inhabitants as provided in paragraph (1) of subsection (a),
16 the trustees of schools of each township included within the
17 territory of that educational service region that was served
18 by the former regional board of school trustees, or if any
19 such township is a township referred to in subsection (b) of
20 Section 5-1 and there are no trustees of schools acting in
21 that township then the school board of each school district
22 located in that township, shall be the successors to the
23 former regional board of school trustees. As successors to
24 the former regional board of school trustees, the trustees of
25 schools of each such township and the school board of each
26 such school district, with respect to all territory included
27 within the school township or school district served by the
28 trustees of schools of the township or school board, shall be
29 vested with and shall exercise and perform all rights,
30 powers, duties, and responsibilities formerly held,
31 exercised, and performed with respect to that territory by
32 the regional board of school trustees abolished under
33 paragraph (1) of subsection (a) of this Section.
34 Upon abolition of the regional board of school trustees
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1 in an educational service region having 2,000,000 or more
2 inhabitants as provided in paragraph (1) of subsection (a) of
3 this Section, all books, records, maps, papers, documents,
4 equipment, supplies, accounts, deposits, and other personal
5 property belonging to or subject to the control or
6 disposition of the former regional board of school trustees
7 (excepting only such items as may have been provided by the
8 county board) shall be transferred and delivered to the
9 trustees of schools of the townships and the school boards
10 that are the successors to the former regional board of
11 school trustees for the territory included within their
12 respective school townships or school districts.
13 From and after the effective date of this amendatory Act
14 of 1992, any reference in the School Code or any other law of
15 this State to the regional board of school trustees or county
16 board of school trustees shall mean, with respect to all
17 territory within an educational service region containing
18 2,000,000 or more inhabitants that formerly was served by a
19 regional board of school trustees abolished under paragraph
20 (1) of subsection (a) of this Section, the trustees of
21 schools of the township or the school board of the school
22 district that is the successor to the former regional board
23 of school trustees with respect to the territory included
24 within that school township or school district.
25 (c) If a regional board of school trustees is abolished
26 in an educational service region as provided in paragraph (2)
27 of subsection (a) of this Section, then upon its abolition
28 and the expiration of the terms of office of the members of
29 that regional board of school trustees as provided in
30 paragraph (2) of subsection (a), the regional superintendent
31 of schools of that educational service region shall be the
32 successor to that former regional board of school trustees,
33 and in that capacity:
34 (1) shall be vested with and shall exercise and
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1 perform all rights, powers, duties, and responsibilities
2 formerly held, exercised, and performed with respect to
3 the territory within that educational service region by
4 the regional board of school trustees abolished under
5 paragraph (2) of subsection (a) of this Section;
6 (2) shall have, exercise, and perform, in all
7 proceedings under Article 7 to change by detachment,
8 annexation, division, dissolution, or any combination of
9 those methods the boundaries of any school district
10 located in the educational service region served by the
11 regional superintendent of schools, all powers, duties,
12 and responsibilities required under that Article to be
13 exercised and performed in those proceedings by a
14 regional board of school trustees;
15 (3) shall be entitled to receive and hold all
16 books, records, maps, papers, documents, equipment,
17 supplies, accounts, deposits, and other personal property
18 belonging to or subject to the control or disposition of
19 the former regional board of school trustees for the
20 territory of the educational service region served by the
21 regional superintendent of schools; and
22 (4) shall hold legal title to, manage, and operate
23 any remaining common school lands and township loanable
24 funds of school townships located in a county that has at
25 least 220,000 but fewer than 2,000,000 inhabitants and
26 that forms all or part of an educational service region
27 in which the regional board of school trustees has been
28 abolished as provided in paragraph (2) of subsection (a),
29 those common school lands and township loanable funds to
30 be held and applied for the use and benefit of the
31 respective school townships by the regional
32 superintendent of schools as the successor to the former
33 regional board of school trustees when acting, prior to
34 its abolition, as the township land commissioners of
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1 those townships.
2 From and after the effective date of this amendatory Act
3 of 1998, any reference in the School Code or any other law of
4 this State to the regional board of school trustees or county
5 board of school trustees shall mean, for all purposes and
6 with respect to all territory within an educational service
7 region that formerly was served by a regional board of school
8 trustees abolished under paragraph (2) of subsection (a) of
9 this Section, the regional superintendent of schools of that
10 educational service region, as the successor to all rights,
11 powers, duties, and responsibilities of the former regional
12 board of school trustees in that educational service region;
13 and any reference in the School Code to the township land
14 commissioners in a county that has at least 220,000 but fewer
15 than 2,000,000 inhabitants and that formerly was served by a
16 regional board of school trustees abolished under paragraph
17 (2) of subsection (a) of this Section shall mean and refer to
18 the regional superintendent of schools of the educational
19 service region in which that county is located, as successor
20 to the former regional board of school trustees when acting,
21 prior to its abolition, as township land commissioners in
22 that county.
23 (Source: P.A. 87-969.)
24 (105 ILCS 5/6-3) (from Ch. 122, par. 6-3)
25 Sec. 6-3. Eligibility for trustee's office.
26 No person shall be eligible for to the office of member
27 of the regional board of school trustees who is not a voter
28 of the educational service region and, in educational service
29 regions in which members of the regional board of school
30 trustees are still elected, qualified to vote in the election
31 for members of the regional board of school trustees, or who
32 is a member of a school board, or who is a school board
33 employee, or who holds any county office.
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1 (Source: P.A. 78-514.)
2 (105 ILCS 5/6-4) (from Ch. 122, par. 6-4)
3 Sec. 6-4. Election date. Except in those educational
4 service regions in which members of the regional board of
5 school trustees no longer may be elected or in which the
6 regional board of school trustees has been abolished as
7 provided in subsection (a) of Section 6-2, members of a the
8 regional board of school trustees shall be elected at the
9 regular election specified in the general election law in
10 each odd-numbered year.
11 (Source: P.A. 81-1490.)
12 (105 ILCS 5/6-10) (from Ch. 122, par. 6-10)
13 Sec. 6-10. Nominating petition. The nomination of
14 candidates for members of the regional board of school
15 trustees in those single county or multi-county educational
16 service regions in which members of the regional board of
17 school trustees are to be elected shall be made by a petition
18 filed with the county clerk, in the case of a single county
19 region, and, in the case of multi-county regions with the
20 State Board of Elections and signed by at least 50 voters
21 qualified to vote at the election. In addition to the
22 requirements of the general election law, the petition shall
23 specify the county and township (or road district) of the
24 candidate's residence.
25 Nomination papers filed under this Section are not valid
26 unless the candidate named therein files with the county
27 clerk or State Board of Elections a statement of economic
28 interests as required by the Illinois Governmental Ethics
29 Act. Such receipt shall be so filed either previously during
30 the calendar year in which his nomination papers were filed
31 or within the period for the filing of nomination papers in
32 accordance with the general election law.
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1 A candidate for membership on the regional board of
2 school trustees, who has petitioned for nomination to fill a
3 full term and to fill a vacant term to be voted upon at the
4 same election, must withdraw his or her petition for
5 nomination to the regional board of school trustees from
6 either the full term or the vacant term by written
7 declaration, within the time and in the manner provided by
8 the general election law.
9 (Source: P.A. 81-1490.)
10 (105 ILCS 5/6-11) (from Ch. 122, par. 6-11)
11 Sec. 6-11. Maps of townships and regions. In those
12 educational service regions in which members of a regional
13 board of school trustees are to be elected, there shall be
14 posted in a conspicuous place at each polling place on the
15 day of election a map showing the congressional townships of
16 the county, or where appropriate, showing the counties of the
17 educational service region. The Regional Superintendent
18 shall supply sufficient copies of such maps to the
19 appropriate election authorities for election day use.
20 (Source: P.A. 81-1490.)
21 (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
22 Sec. 6-17. Election of president - Terms of members.
23 Except as otherwise provided in Section 2A-54 of the Election
24 Code, On the first Monday in May, following the first
25 election, or if such day is a holiday then the next day, the
26 regional superintendent of schools, who shall be the
27 ex-officio secretary of the board until it is abolished as
28 provided in Section 6-2, shall convene the newly elected
29 regional board of school trustees for the purpose of
30 organization. Except as provided in Section 2A-54 of the
31 Election Code, at this meeting the members shall elect a
32 president from among their number who shall serve as
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1 president for a term of 2 years and shall determine by lot
2 the length of the term of each member so that 2 shall serve
3 for a term of 2 years, 2 for 4 years and 3 for 6 years from
4 the first Monday of the month following the date of their
5 election. Except as provided in Section 2A-54 of the Election
6 Code, thereafter members shall be elected to serve for a term
7 of 6 years from the first Monday of the month following the
8 date of their election or until their successors are elected
9 and qualified.
10 All succeeding meetings for the purpose of organization
11 shall be held on the first Monday in May following the
12 election; however, in case the first Monday in May is a
13 holiday the organization meeting shall be held on the next
14 day.
15 If educational service regions are consolidated under
16 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
17 of members of each regional board of school trustees in those
18 regions being consolidated shall be extended so as to
19 terminate on the first Monday of August of the year that
20 consolidation takes effect, as defined in Section 3A-5 of
21 this Act, and, on such day, the regional superintendent of
22 the consolidated region shall convene all the members of each
23 regional board of school trustees in the consolidated region,
24 and shall by lot select from among such trustees an interim
25 regional board of school trustees for the consolidated region
26 in accord with the specifications as to membership and
27 residency in Section 6-2. The interim board so selected
28 shall serve until their successors are elected at the
29 succeeding regular election of regional school trustees and
30 have qualified. A single regional board of school trustees
31 shall be elected at such succeeding regular election to take
32 office on the first Monday of the month following such
33 election. The board elected for the consolidated region
34 shall be convened on such first Monday of the month following
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1 such election for organizational purposes, to elect a
2 president and determine terms for its members by lot as
3 provided in this Section. The respective regional boards of
4 school trustees of educational service regions involved in
5 consolidations under Section 3A-3 or 3A-4 shall cease to
6 exist at the time the board elected for the consolidated
7 region is so organized.
8 The provisions of this Section relating to the
9 organization and the election and terms of members of
10 regional boards of school trustees do not apply in an
11 educational service region in which the regional board of
12 school trustees has been abolished or in which members of the
13 regional board of school trustees no longer may be elected as
14 provided in paragraph (2) of subsection (a) of Section 6-2.
15 (Source: P.A. 90-358, eff. 1-1-98.)
16 (105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
17 Sec. 6-18. Meeting dates - Place - Quorum. Unless it is
18 abolished as provided in Section 6-2, the regional board of
19 school trustees shall hold regular meetings on the first
20 Monday of July, October, January and April; however, in case
21 the first Monday of any of these months falls on a legal
22 holiday the regular meeting shall be held on the next day.
23 With appropriate public notice, the board may cancel its
24 regular quarterly meeting if no issues for action have been
25 presented to the board and it has no pending business.
26 All regular meetings of the board shall be held at the
27 office of the regional superintendent.
28 Special meetings may be called by the president or by 4
29 members of the board by giving a 48-hour written notice of
30 the meeting stating the time and place of the meeting and the
31 purpose thereof. Public notice of meetings must also be
32 given as prescribed in Sections 2.02 and 2.03 of the Open
33 Meetings Act.
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1 A majority of the members elected to the board shall
2 constitute a quorum. Unless otherwise provided a majority
3 vote of all the board shall be required to decide a measure.
4 (Source: P.A. 89-106, eff. 7-7-95.)
5 (105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
6 Sec. 6-19. Vacancy on regional board. Any vacancy on the
7 regional board of school trustees shall be filled from the
8 same territory by the remaining members until the next
9 regular election for members of the regional board of school
10 trustees, when the vacancy shall be filled for the unexpired
11 time. However, in an educational service region in which
12 members of the regional board of school trustees may no
13 longer be elected as provided in paragraph (2) of subsection
14 (a) of Section 6-2, a vacancy on the regional board of school
15 trustees shall be filled by the remaining members from the
16 same territory from which the member in whose office the
17 vacancy occurs was elected, the person so appointed to serve
18 until the regional board of school trustees is abolished as
19 provided in paragraph (2) of subsection (a) of Section 6-2.
20 Removal of a member from the township from which such member
21 was elected or otherwise selected to fill a vacancy into a
22 township which has its quota of members on the board shall
23 constitute a vacancy.
24 (Source: P.A. 80-1469.)
25 (105 ILCS 5/7-01) (from Ch. 122, par. 7-01)
26 Sec. 7-01. For purposes of this Article 7, "county board
27 of school trustees" means the regional board of school
28 trustees elected under Article 6 of this Act (or, if a
29 regional board of school trustees is abolished as provided in
30 Section 6-2, the successor to that former regional board of
31 school trustees as provided in Section 7-04 or 7-05), and
32 "county" means an educational service region, as determined
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1 under Article 3A of this Act.
2 (Source: P. A. 78-514.)
3 (105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
4 Sec. 7-04. Districts in educational service regions of
5 2,000,000 or more inhabitants.
6 (a) In all proceedings under this Article to change by
7 detachment, annexation, division, dissolution, or any
8 combination of those methods the boundaries of any school
9 district (other than a school district organized under
10 Article 34) located in an educational service region of
11 2,000,000 or more inhabitants in which the regional board of
12 school trustees is abolished as provided in paragraph (1) of
13 subsection (a) of Section 6-2, the trustees of schools of the
14 township in which that school district is located, as the
15 successor under subsection (b) of Section 6-2 to the former
16 regional board of school trustees with respect to all
17 territory located in that school township, shall have,
18 exercise, and perform all powers, duties, and
19 responsibilities required under this Article to be exercised
20 and performed in those proceedings by a regional board of
21 school trustees; provided that if any school district
22 affected by those proceedings is located in a school township
23 referred to in subsection (b) of Section 5-1 and there are no
24 trustees of schools acting in that township then the school
25 board of any such district, as the successor under subsection
26 (b) of Section 6-2 to the former regional board of school
27 trustees with respect to the territory comprising that school
28 district, shall have, exercise, and perform all powers,
29 duties, and responsibilities required under this Article to
30 be exercised and performed in those proceedings with respect
31 to the territory of that school district by a regional board
32 of school trustees; and provided further that: (i) when any
33 school district affected by those proceedings is located not
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1 only in an educational service region of 2,000,000 or more
2 inhabitants but also in 2 or more school townships in that
3 region that each have trustees of schools of the township,
4 then the boundaries of that school district may be changed
5 under this Article by detachment, annexation, division,
6 dissolution, or any combination of those methods only by the
7 concurrent action of, taken following a joint hearing before
8 the trustees of schools of those townships (in that
9 educational service region) in which that school district is
10 located; and (ii) if any part of the school district referred
11 to in item (i) of this subsection also lies within an
12 educational service region that has fewer than 2,000,000
13 inhabitants a regional board of school trustees, the
14 boundaries of that district may be changed under this Article
15 only by the concurrent action of, taken following a joint
16 hearing before the trustees of schools of the townships
17 referred to in item (i) of this subsection and the regional
18 board of school trustees of the educational service region
19 referred to in this item (ii) of this subsection (or, if the
20 regional board of school trustees of that educational service
21 region has been abolished as provided in paragraph (2) of
22 subsection (a) of Section 6-2, the regional superintendent of
23 schools of that educational service region as the successor
24 to that former regional board of school trustees). Whenever
25 concurrent action and joint hearings are required under this
26 subsection, the original petition shall be filed with the
27 trustees of schools of the township in which the territory or
28 greatest portion of the territory being detached is located,
29 or if the territory is being detached from more than one
30 educational service region then with the regional board of
31 school trustees of the region or the trustees of schools of
32 the township in which the territory or greatest portion of
33 the territory being detached is located. Whenever a regional
34 superintendent of schools acting in his or her capacity as
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1 successor to a regional board of school trustees that is
2 abolished under paragraph (2) of subsection (a) of Section
3 6-2 is one of the entities before which a joint hearing is
4 required to be held by this subsection or any other provision
5 of this Article, the vote of that regional superintendent of
6 schools shall be equivalent to and accorded the same weight
7 in determining the concurrent action to be taken at and the
8 decision to be made following the joint hearing as the vote
9 of a majority of the trustees of schools of a township or a
10 majority of the members of a regional board of school
11 trustees or school board whose concurrent action is required
12 for the decision.
13 (b) Except as otherwise provided in this Section, all
14 other provisions of this Article shall apply to any
15 proceedings under this Article to change the boundaries of
16 any school district located in an educational service region
17 having 2,000,000 or more inhabitants in the same manner that
18 those provisions apply to any proceedings to change the
19 boundaries of any school district located in any other
20 educational service region; provided, that any reference in
21 those other provisions to the regional board of school
22 trustees shall mean, with respect to all territory within an
23 educational service region containing 2,000,000 or more
24 inhabitants that formerly was served by a regional board of
25 school trustees abolished under paragraph (1) of subsection
26 (a) of Section 6-2, the trustees of schools of the township
27 or the school board of the school district that is the
28 successor under subsection (b) of Section 6-2 to the former
29 regional board of school trustees with respect to the
30 territory included within that school township or school
31 district.
32 (Source: P.A. 87-969.)
33 (105 ILCS 5/7-05 new)
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1 Sec. 7-05. Districts in educational service regions of
2 fewer than 2,000,000 inhabitants.
3 (a) If the regional board of school trustees in an
4 educational service region of fewer than 2,000,000
5 inhabitants is abolished as provided in paragraph (2) of
6 subsection (a) of Section 6-2, then in all proceedings under
7 this Article to change by detachment, annexation, division,
8 dissolution, or any combination of those methods the
9 boundaries of any school district located in that educational
10 service region, the regional superintendent of schools of
11 that educational service region, as the successor under
12 subsection (c) of Section 6-2 to the former regional board of
13 school trustees with respect to all territory located in that
14 educational service region, shall have, exercise, and perform
15 all powers, duties, and responsibilities required under this
16 Article to be exercised and performed in those proceedings by
17 a regional board of school trustees. However, if any school
18 district affected by those proceedings is located in more
19 than one educational service region, the boundaries of that
20 district may be changed under this Article only by the
21 concurrent action of, taken following a joint hearing before:
22 (i) the regional superintendent of schools of each
23 educational service region in which the regional board of
24 school trustees is abolished under paragraph (2) of
25 subsection (a) of Section 6-2 and in which any part of that
26 district is located; (ii) the regional board of school
27 trustees of each educational service region of fewer than
28 2,000,000 inhabitants in which the regional board of school
29 trustees has not been abolished and in which any part of the
30 affected district is located; and (iii) if part of the
31 territory of the affected district also is located in an
32 educational service region having 2,000,000 or more
33 inhabitants, the trustees of schools of the township in that
34 educational service region in which that part of the affected
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1 school district is located or the school board of that
2 district if there are no township trustees of schools acting
3 in that township. Whenever such concurrent action and joint
4 hearings are required, the original petition shall be filed
5 with the regional board of school trustees or the regional
6 superintendent of schools as the successor to the regional
7 board of school trustees of the educational service region in
8 which the regional superintendent of schools has supervision
9 over the territory or greatest portion of the territory being
10 detached. Whenever a regional superintendent of schools
11 acting in his or her capacity as successor to a regional
12 board of school trustees that is abolished under paragraph
13 (2) of subsection (a) of Section 6-2 is one of the entities
14 before which a joint hearing is required to be held by this
15 subsection or any other provision of this Article, the vote
16 of that regional superintendent of schools shall be
17 equivalent to and accorded the same weight in determining the
18 concurrent action to be taken at and the decision to be made
19 following the joint hearing as the vote of a majority of the
20 trustees of schools of a township or a majority of the
21 members of a regional board of school trustees or school
22 board whose concurrent action is required for the decision.
23 (b) Except as otherwise provided in this Section, all
24 other provisions of this Article shall apply to any
25 proceedings under this Article to change the boundaries of
26 any school district located in an educational service region
27 having fewer than 2,000,000 inhabitants in the same manner
28 that those provisions apply to any proceedings to change the
29 boundaries of any school district located in any other
30 educational service region. However, if the regional board
31 of school trustees in an educational service region of fewer
32 than 2,000,000 inhabitants is abolished as provided in
33 paragraph (2) of subsection (a) of Section 6-2, then any
34 reference in those other provisions to the regional board of
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1 school trustees shall mean, with respect to all territory
2 within that educational service region of fewer than
3 2,000,000 inhabitants that formerly was served by the
4 regional board of school trustees so abolished, the regional
5 superintendent of schools of that educational service region.
6 (105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
7 Sec. 7-7. Administrative Review Law. The decision of the
8 regional board of school trustees, or the decision of the
9 regional boards of school trustees following a joint hearing
10 (or the decision of any successor or successors under
11 subsection (b) or (c) of Section 6-2 of such regional board
12 or boards of school trustees in the event of the abolition of
13 any such regional board or boards of school trustees as
14 provided in subsection (a) of Section 6-2), or the decision
15 of the State Superintendent of Education in cases determined
16 pursuant to subsection (l) of Section 7-6, shall be deemed an
17 "administrative decision" as defined in Section 3-101 of the
18 Code of Civil Procedure; and any resident who appears at the
19 hearing or any petitioner or board of education of any
20 district affected may within 35 days after a copy of the
21 decision sought to be reviewed was served by registered mail
22 upon the party affected thereby file a complaint for a
23 judicial review of such decision in accordance with the
24 Administrative Review Law and the rules adopted pursuant
25 thereto. The commencement of any action for judicial review
26 shall operate as a stay of enforcement, and no further
27 proceedings shall be had until final disposition of such
28 review. If the transcript of the hearing is required to be
29 presented to another regional county board of school trustees
30 or its successor under subsection (b) or (c) of Section 6-2,
31 the time within which a complaint for review must be filed
32 shall not begin to run until the decision of the regional
33 board of school trustees hearing the petition or its
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1 successor has been granted or denied by the regional board of
2 school trustees or its successor conducting a hearing on the
3 transcript. The circuit court of the county in which the
4 petition is filed with the regional board of school trustees
5 or with its successor under subsection (b) or (c) of Section
6 6-2 shall have sole jurisdiction to entertain a complaint for
7 such review when only one regional board of school trustees
8 or its successor must act; however, when the regional boards
9 of school trustees or their respective successors act
10 following a joint hearing, the circuit court of the county in
11 which the joint hearing on the original petition is
12 conducted shall have sole jurisdiction of the complaint for
13 such review.
14 (Source: P.A. 87-210.)"; and
15 by deleting all of Section 20.