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90_SB0200ham001
LRB9001780MWpcam01
1 AMENDMENT TO SENATE BILL 200
2 AMENDMENT NO. . Amend Senate Bill 200 on page 1,
3 line 6, by inserting "2A-54," after "2A-52,"; and
4 on page 13, by inserting below line 14 the following:
5 "(10 ILCS 5/2A-54) (from Ch. 46, par. 2A-54)
6 Sec. 2A-54. In those cases in which the election to an
7 office is changed by the consolidation of elections to an
8 earlier or later month in the same year or to a different
9 year, the term of any incumbent serving on December 1, 1980
10 is extended to the first Monday in the first month following
11 the election of his successor and until the successor has
12 qualified, and the term of the successor in office shall
13 commence on that first Monday.
14 The term of office of a person elected at a nonpartisan
15 election whose term begins before the effective date of this
16 amendatory Act of 1997 shall expire on the date that his or
17 her term would have expired had this amendatory Act of 1997
18 not been enacted. The term of office of a person elected at
19 a consolidated election held on or after the effective date
20 of this amendatory Act of 1997 to succeed to a term of office
21 of a person elected at a nonpartisan election shall begin
22 upon the termination of the predecessor's term of office. The
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1 term of office of a person elected to succeed to a term of
2 office of a person elected at a nonpartisan election shall
3 end after the next consolidated election at which a successor
4 is elected and at the regularly scheduled time for the ending
5 of terms of office as provided in the Act or Acts creating or
6 governing that unit of local government or school district.
7 However, this general provision for the transition of
8 terms of office in relation to the adoption of a uniform
9 schedule of elections shall be subject to the specific
10 provisions for the transition of terms of office in the
11 several Acts creating or governing the creation of various
12 units of local government and school districts, as amended.
13 (Source: P.A. 81-1433.)"; and
14 on page 20, by inserting between lines 30 and 31 the
15 following:
16 "Section 6. The Springfield Metropolitan Exposition and
17 Auditorium Authority Act is amended by changing Section 17 as
18 follows:
19 (70 ILCS 345/17) (from Ch. 85, par. 1267)
20 Sec. 17. As soon as practicably possible after the
21 appointment of the initial members and, thereafter, within 15
22 days of each election of members, the Board shall organize
23 for the transaction of business, select a chairman,
24 vice-chairman, and a temporary secretary from its own number,
25 and adopt by-laws and regulations to govern its proceedings.
26 The initial chairman and his successors shall be elected by
27 the Board from time to time for the term of his office as a
28 member of the Board. Terms of members are subject to
29 Section 2A-54 of the Election Code.
30 (Source: P.A. 79-529.)"; and
31 on page 20, line 32, by changing "Section 4.02" to "Sections
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1 4.02 and 4a"; and
2 on page 22, by inserting below line 7 the following:
3 "(70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
4 Sec. 4a. Any fire protection district organized under
5 this Act may determine, in either manner provided in the
6 following items (1) and (2) of this Section, to have an
7 elected, rather than an appointed, board of trustees.
8 (1) If the district lies wholly within a single
9 township but does not also lie wholly within a
10 municipality, the township board of trustees may
11 determine, by ordinance, to have an elected board of
12 trustees.
13 (2) Upon presentation to the board of trustees of a
14 petition, signed by not less than 10% of the electors of
15 the district, requesting that a proposition for the
16 election of trustees be submitted to the electors of the
17 district, the secretary of the board of trustees shall
18 certify the proposition to the appropriate election
19 authorities who shall submit the proposition at a regular
20 election in accordance with the general election law.
21 The general election law shall apply to and govern such
22 election. The proposition shall be in substantially the
23 following form:
24 -------------------------------------------------------------
25 Shall the trustees of...... YES
26 Fire Protection District be --------------------
27 elected, rather than appointed? NO
28 -------------------------------------------------------------
29 If a majority of the votes cast on such proposition
30 are in the affirmative, the trustees of the district
31 shall thereafter be elected as provided by this Section.
32 At the next regular election for trustees as provided by
33 the general election law, a district that has approved by
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1 ordinance or referendum to have its trustees elected rather
2 than appointed shall elect 3, 5, or 7 trustees, as previously
3 determined by the organization of the district or as
4 increased under Section 4.01 or 4.02. The initial elected
5 trustees shall be elected for 2, 4, and 6 year terms. In a
6 district with 3 trustees, one trustee shall be elected for a
7 term of 2 years, one for a term of 4 years, and one for a
8 term of 6 years. In a district with 5 trustees, 2 shall be
9 elected for terms of 2 years, 2 for terms of 4 years, and one
10 for a term of 6 years. In a district with 7 trustees, 3
11 shall be elected for terms of 2 years, 2 for terms of 4
12 years, and 2 for terms of 6 years. Except as otherwise
13 provided in Section 2A-54 of the Election Code, the term of
14 each elected trustee shall commence on the first Monday of
15 the month following the month of his election and until his
16 successor is elected and qualified. The length of the terms
17 of the trustees first elected shall be determined by lot at
18 their first meeting. Except as otherwise provided in Section
19 2A-54 of the Election Code, thereafter, each trustee shall be
20 elected to serve for a term of 6 years commencing on the
21 first Monday of the month following the month of his election
22 and until his successor is elected and qualified.
23 No party designation shall appear on the ballot for
24 election of trustees. The provisions of the general election
25 law shall apply to and govern the nomination and election of
26 trustees.
27 The provisions of Section 4 relating to eligibility,
28 powers and disabilities of trustees shall apply equally to
29 elected trustees.
30 Whenever a fire protection district determines to elect
31 trustees as provided in this Section, the trustees appointed
32 pursuant to Section 4 shall continue to constitute the board
33 of trustees until the first Monday of the month following the
34 month of the first election of trustees. If the term of
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1 office of any appointed trustees expires before the first
2 election of trustees, the authority which appointed that
3 trustee under Section 4 of this Act shall appoint a successor
4 to serve until a successor is elected and has qualified. The
5 terms of all appointed trustees in such district shall expire
6 on the first Monday of the month following the month of the
7 first election of trustees under this Section or when
8 successors have been elected and have qualified, whichever
9 occurs later.
10 (Source: P.A. 88-440.)
11 Section 11. The School Code is amended by changing
12 Sections 6-17, 10-5, and 10-10 as follows:
13 (105 ILCS 5/6-17) (from Ch. 122, par. 6-17)
14 Sec. 6-17. Election of president - Terms of members.
15 Except as otherwise provided in Section 2A-54 of the Election
16 Code, on the first Monday in May January, following the first
17 election, or if such day is a holiday then the next day, the
18 regional superintendent of schools who shall be the
19 ex-officio secretary of the board shall convene the newly
20 elected regional board of school trustees for the purpose of
21 organization. Except as provided in Section 2A-54 of the
22 Election Code, at this meeting the members shall elect a
23 president from among their number who shall serve as
24 president for a term of 2 years and shall determine by lot
25 the length of the term of each member so that 2 shall serve
26 for a term of 2 years, 2 for 4 years and 3 for 6 years from
27 the first Monday of the month following the date of their
28 election. Except as provided in Section 2A-54 of the Election
29 Code, thereafter members shall be elected to serve for a term
30 of 6 years from the first Monday of the month following the
31 date of their election or until their successors are elected
32 and qualified.
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1 All succeeding meetings for the purpose of organization
2 shall be held on the first Monday in May January following
3 the election; however, in case the first Monday in May
4 January is a holiday the organization meeting shall be held
5 on the next day.
6 If educational service regions are consolidated under
7 Section 3A-3 or 3A-4 of this Act, however, the expiring terms
8 of members of each regional board of school trustees in those
9 regions being consolidated shall be extended so as to
10 terminate on the first Monday of August of the year that
11 consolidation takes effect, as defined in Section 3A-5 of
12 this Act, and, on such day, the Regional Superintendent of
13 the consolidated region shall convene all the members of each
14 regional board of school trustees in the consolidated region,
15 and shall by lot select from among such trustees an interim
16 regional board of school trustees for the consolidated region
17 in accord with the specifications as to membership and
18 residency in Section 6-2. The interim board so selected
19 shall serve until their successors are elected at the
20 succeeding regular election of regional school trustees and
21 have qualified. A single regional board of school trustees
22 shall be elected at such succeeding regular election to take
23 office on the first Monday of the month following such
24 election. The board elected for the consolidated region
25 shall be convened on such first Monday of the month following
26 such election for organizational purposes, to elect a
27 president and determine terms for its members by lot as
28 provided in this Section. The respective regional boards of
29 school trustees of educational service regions involved in
30 consolidations under Section 3A-3 or 3A-4 shall cease to
31 exist at the time the board elected for the consolidated
32 region is so organized.
33 (Source: P.A. 80-231; 80-1469; 80-1494.)
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1 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
2 Sec. 10-5. Organization of board - Report to treasurer
3 and regional superintendent of schools. Within 7 days after
4 the regular election of directors, the directors shall meet
5 and organize by appointing one of their number president and
6 another as clerk. The clerk shall at once report to the
7 treasurer and regional superintendent of schools the names of
8 the president and clerk so appointed. Terms of members are
9 subject to Section 2A-54 of the Election Code.
10 (Source: P.A. 81-1490.)
11 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
12 Sec. 10-10. Board of education - Term - Vacancy. All
13 school districts having a population of not fewer than 1,000
14 and not more than 500,000 inhabitants, as ascertained by any
15 special or general census, and not governed by special Acts,
16 shall be governed by a board of education consisting of 7
17 members, serving without compensation except as herein
18 provided. Each member shall be elected for a term of 4
19 years. If 5 members are elected in 1983 pursuant to the
20 extension of terms provided by law for transition to the
21 consolidated election schedule under the general election
22 law, 2 of those members shall be elected to serve terms of 2
23 years and 3 shall be elected to serve terms of 4 years; their
24 successors shall serve for a 4 year term. When the voters of
25 a district have voted to elect members of the board of
26 education for 6 year terms, as provided in Section 9-5, the
27 terms of office of members of the board of education of that
28 district expire when their successors assume office but not
29 later than 7 days after such election. If at the regular
30 school election held in the first odd-numbered year after the
31 determination to elect members for 6 year terms 2 members are
32 elected, they shall serve for a 6 year term; and of the
33 members elected at the next regular school election 3 shall
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1 serve for a term of 6 years and 2 shall serve a term of 2
2 years. Thereafter members elected in such districts shall be
3 elected to a 6 year term. If at the regular school election
4 held in the first odd-numbered year after the determination
5 to elect members for 6 year terms 3 members are elected, they
6 shall serve for a 6 year term; and of the members elected at
7 the next regular school election 2 shall serve for a term of
8 2 years and 2 shall serve for a term of 6 years. Thereafter
9 members elected in such districts shall be elected to a 6
10 year term. If at the regular school election held in the
11 first odd-numbered year after the determination to elect
12 members for 6 year terms 4 members are elected, 3 shall serve
13 for a term of 6 years and one shall serve for a term of 2
14 years; and of the members elected at the next regular school
15 election 2 shall serve for terms of 6 years and 2 shall serve
16 for terms of 2 years. Thereafter members elected in such
17 districts shall be elected to a 6 year term. If at the
18 regular school election held in the first odd-numbered year
19 after the determination to elect members for a 6 year term 5
20 members are elected, 3 shall serve for a term of 6 years and
21 2 shall serve for a term of 2 years; and of the members
22 elected at the next regular school election 2 shall serve for
23 terms of 6 years and 2 shall serve for terms of 2 years.
24 Thereafter members elected in such districts shall be elected
25 to a 6 year term. An Election for board members shall not be
26 held in school districts which by consolidation, annexation
27 or otherwise shall cease to exist as a school district within
28 six months after the election date, and the term of all board
29 members which would otherwise terminate shall be continued
30 until such district shall cease to exist. Each member shall,
31 on the date of his election, be a citizen of the United
32 States of the age of 18 years or over, a resident of the
33 state and the territory of the district for at least one year
34 immediately preceding his election, a registered voter as
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1 provided in the general election law, and shall not be a
2 school trustee or a school treasurer. When the board of
3 education is the successor of the school directors, all
4 rights of property, and all rights regarding causes of action
5 existing or vested in such directors, shall vest in it as
6 fully as they were vested in the school directors. Terms of
7 members are subject to Section 2A-54 of the Election Code.
8 Nomination papers filed under this Section are not valid
9 unless the candidate named therein files with the secretary
10 of the board of education or with a person designated by the
11 board to receive nominating petitions a receipt from the
12 county clerk showing that the candidate has filed a statement
13 of economic interests as required by the Illinois
14 Governmental Ethics Act. Such receipt shall be so filed
15 either previously during the calendar year in which his
16 nomination papers were filed or within the period for the
17 filing of nomination papers in accordance with the general
18 election law.
19 Whenever a vacancy occurs, the remaining members shall
20 notify the regional superintendent of that vacancy within 5
21 days after its occurrence and shall proceed to fill the
22 vacancy until the next regular school election, at which
23 election a successor shall be elected to serve the remainder
24 of the unexpired term. However, if the vacancy occurs with
25 less than 868 days remaining in the term, or if the vacancy
26 occurs less than 88 days before the next regularly scheduled
27 election for this office then the person so appointed shall
28 serve the remainder of the unexpired term, and no election to
29 fill the vacancy shall be held. Should they fail so to act,
30 within 45 days after the vacancy occurs, the regional
31 superintendent of schools under whose supervision and control
32 the district is operating, as defined in Section 3-14.2 of
33 this Act, shall within 30 days after the remaining members
34 have failed to fill the vacancy, fill the vacancy as provided
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1 for herein. Upon the regional superintendent's failure to
2 fill the vacancy, the vacancy shall be filled at the next
3 regularly scheduled election. Whether elected or appointed
4 by the remaining members or regional superintendent, the
5 successor shall be an inhabitant of the particular area from
6 which his or her predecessor was elected if the residential
7 requirements contained in Section 11A-8, 11B-7, or 12-2 of
8 this Act apply.
9 (Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96.)";
10 and
11 on page 22, line 9, by changing "and 3-7" to ", 3-7, and
12 3-8"; and
13 on page 26, line 14, by changing "consolidated nonpartisan"
14 to "nonpartisan"; and
15 on page 26, line 20, by inserting the following after the
16 period:
17 "Terms of members are subject to Section 2A-54 of the
18 Election Code."; and
19 on page 31, by inserting below line 14 the following:
20 "(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
21 Sec. 3-8. Following each election and canvass, the new
22 board shall hold its organizational meeting on or before the
23 14th day after the election. If the election is the initial
24 election ordered by the regional superintendent, the
25 organizational meeting shall be convened by the regional
26 superintendent, who shall preside over the meeting until the
27 election for chairman, vice chairman and secretary of board
28 is completed. At all other organizational meetings, the
29 chairman of the board, or, in his or her absence, the
30 president of the community college or acting chief executive
31 officer of the college shall convene the new board, and
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1 conduct the election for chairman, vice chairman and
2 secretary. The board shall then proceed with its
3 organization under the newly elected board officers, and
4 shall fix a time and place for its regular meetings. It
5 shall than enter upon the discharge of its duties. The terms
6 of board office shall be 2 years, except that the board by
7 resolution may establish a policy for the terms of office to
8 be one year, and provide for the election of officers for the
9 remaining one year period. Terms of members are subject to
10 Section 2A-54 of the Election Code.
11 Special meetings of the board may be called by the
12 chairman or by any 3 members of the board by giving notice
13 thereof in writing stating the time, place and purpose of the
14 meeting. Such notice may be served by mail 48 hours before
15 the meeting or by personal service 24 hours before the
16 meeting.
17 At each regular and special meeting which is open to the
18 public, members of the public and employees of the community
19 college district shall be afforded time, subject to
20 reasonable constraints, to comment to or ask questions of the
21 board.
22 (Source: P.A. 86-758; 86-1032; 87-707; 87-915.)"; and
23 on page 31, by deleting lines 15 and 16.