State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]


92_HB0325ham001

 










                                             LRB9201717NTsbam

 1                     AMENDMENT TO HOUSE BILL 325

 2        AMENDMENT NO.     .  Amend House Bill 325 as follows:
 3    on page 1, line 5, after "2-3.35,", by inserting  "7-1,  7-2,
 4    7-4,"; and

 5    on  page  2,  immediately  below  line  16,  by inserting the
 6    following:

 7        "(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
 8        Sec. 7-1.  Districts in one educational service region  -
 9    changing boundaries.
10        (a)  School district boundaries lying entirely within any
11    educational  service  region  may  be  changed by detachment,
12    annexation,  division  or  dissolution  or  any   combination
13    thereof  by  the  regional  board  of school trustees of such
14    region, or  by  the  State  Superintendent  of  Education  as
15    provided in subsection (l) of Section 7-6, when petitioned by
16    the  boards of each district affected or by a majority of the
17    registered voters in each district affected or by  two-thirds
18    of  the  registered  voters  in  any territory proposed to be
19    detached from one or more districts or in each of one or more
20    districts  proposed  to  be  annexed  to  another   district.
21    Registered  voters  shall be determined by the official voter
22    registration lists as of the date the petition is filed.   No
 
                            -2-              LRB9201717NTsbam
 1    signatures  shall  be  added  after  the date the petition is
 2    filed.   If  there  are  no  registered  voters  within   the
 3    territory proposed to be detached from one or more districts,
 4    then  the  petition  may  be  signed  by all of the owners of
 5    record of the real estate of the territory.   Notwithstanding
 6    any  other  provisions  of  this  Article,  if  pursuant to a
 7    petition filed under this subsection all of the territory  of
 8    a  school  district  is  to  be  annexed  to  another  school
 9    district, any action by the regional board of school trustees
10    or State Superintendent of Education in granting or approving
11    the  petition  and  any  change in school district boundaries
12    pursuant to that action is  subject  to  and  the  change  in
13    school  district  boundaries  shall  not  be made except upon
14    approval at a  regular  scheduled  election,  in  the  manner
15    provided   by   Section  7-7.7,  of  a  proposition  for  the
16    annexation of all of the territory of that school district to
17    the other school district.
18        Each page of the circulated petition  shall  include  the
19    full  prayer  of  the  petition, and each signature contained
20    therein shall match the official signature and address of the
21    registered voters as recorded in the office of  the  election
22    authority   having   jurisdiction   over  the  county.   Each
23    petitioner shall also record the date of his  signing.   Each
24    page  of the petition shall be signed by a circulator who has
25    witnessed the signature of each petitioner on that page.  The
26    length of time for signatures to be valid, before  filing  of
27    the petition, shall not exceed 6 months.
28        Where  there  is  only one school building in an approved
29    operating district, the building and building site may not be
30    included in any detachment proceeding  unless  petitioned  by
31    two-thirds   of  the  registered  voters  within  the  entire
32    district wherein the school is located.
33        (b)  Any elementary or high school district with  100  or
34    more of its students residing upon territory located entirely
 
                            -3-              LRB9201717NTsbam
 1    within   a   military   base  or  installation  operated  and
 2    maintained by the government of the  United  States,  or  any
 3    unit   school  district  or  any  combination  of  the  above
 4    mentioned districts with 300 or more of its students residing
 5    upon territory located entirely within  a  military  base  or
 6    installation operated and maintained by the government of the
 7    United States, shall, upon the filing with the regional board
 8    of school trustees of a petition adopted by resolution of the
 9    board  of education or a petition signed by a majority of the
10    registered  voters  residing  upon  such  military  base   or
11    installation, have all of the territory lying entirely within
12    such  military base or installation detached from such school
13    district,  and  a  new  school  district  comprised  of  such
14    territory shall be created.  The petition shall be filed with
15    and decided solely by the regional board of  school  trustees
16    of the region in which the regional superintendent of schools
17    has   supervision  of  the  school  district  affected.   The
18    regional board of school trustees shall have no authority  to
19    deny  the  detachment  and  creation of a new school district
20    requested in a proper petition filed under  this  subsection.
21    This  subsection  shall  apply only to those school districts
22    having a population of not fewer than 1,000 and not more than
23    500,000 residents, as ascertained by any special  or  general
24    census.
25        The new school district shall tuition its students to the
26    same  districts  that  its students were previously attending
27    and the districts from which the new  district  was  detached
28    shall continue to educate the students from the new district,
29    until  the  federal  government  provides other arrangements.
30    The federal government shall pay for the  education  of  such
31    children as required by Section 6 of Public Law 81-874.
32        If  a  school  district created under this subsection (b)
33    has not elected a school board and has not become operational
34    within 2 years  after  the  date  of  detachment,  then  this
 
                            -4-              LRB9201717NTsbam
 1    district is automatically dissolved and the territory of this
 2    district  reverts  to  the  school  district  from  which the
 3    territory was detached or  any  successor  district  thereto.
 4    Any  school  district created under this subsection (b) on or
 5    before September 1, 1996 that has not elected a school  board
 6    and  has  not  been  operational  since  September 1, 1996 is
 7    automatically  dissolved  on  the  effective  date  of   this
 8    amendatory  Act  of  1999,  and on this date the territory of
 9    this district reverts to the school district from  which  the
10    territory  was  detached.  For the automatic dissolution of a
11    school  district  created  under  this  subsection  (b),  the
12    regional superintendent of schools who has supervision of the
13    school district from which the territory was  detached  shall
14    certify  to  the  regional  board of school trustees that the
15    school district created under this subsection  (b)  has  been
16    automatically dissolved.
17    (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.)

18        (105 ILCS 5/7-2) (from Ch. 122, par. 7-2)
19        Sec.  7-2.  Districts  in two or more counties; Change of
20    boundaries.  Boundaries of existing  school  districts  lying
21    within  two  or  more  counties may be changed by detachment,
22    annexation, division, dissolution or any combination  thereof
23    by  the concurrent action of, taken following a joint hearing
24    before, the regional boards of school trustees of each region
25    affected. For purposes of this Section and  Section  7-6,  an
26    educational  service  region  shall  be deemed to be a region
27    affected if any portion of the territory which  the  petition
28    seeks to have detached from any school district is located in
29    the  region.  The  petition  may  be  by  the  boards of each
30    district affected, or by  a  majority  of  the  legal  voters
31    residing  in  each district affected, or by two-thirds of the
32    legal  voters  residing  in  any  territory  proposed  to  be
33    detached from one or more districts or in each of one or more
 
                            -5-              LRB9201717NTsbam
 1    districts proposed to be annexed to  another  district.   The
 2    original  petition  shall be filed with the regional board of
 3    school trustees of the region in which  the  territory  being
 4    detached  is  located  or if territory is being detached from
 5    more than one region then the petition shall  be  filed  with
 6    the  regional board of school trustees of the region in which
 7    the regional superintendent has supervision over the greatest
 8    portion of such territory.  A  certified  true  copy  of  the
 9    petition  shall  be  filed  with the regional board of school
10    trustees of each other region affected.  Notwithstanding  any
11    other  provisions  of this Article, if pursuant to a petition
12    filed under this Section all of the  territory  of  a  school
13    district  is  to  be  annexed to another school district, any
14    action by the regional boards of school trustees in  granting
15    the  petition  and  any changes in school district boundaries
16    pursuant to that action is  subject  to  and  the  change  in
17    school  district  boundaries  shall  not  be made except upon
18    approval at a  regular  scheduled  election,  in  the  manner
19    provided   by   Section  7-7.7,  of  a  proposition  for  the
20    annexation of all of the territory of that school district to
21    the other school district.
22        The regional board of school trustees in whose region the
23    joint hearing on the original  petition  is  conducted  shall
24    send  a  certified true copy of the transcript of the hearing
25    to each other region affected. If there are no  legal  voters
26    residing  within  the  territory proposed to be detached from
27    one or more districts, then the petition may be signed by all
28    of the owners of record of the real estate of the  territory.
29    The  annexing district is that district to which territory is
30    proposed to be added.
31        Where there is only one school building  in  an  approved
32    operating district, the building and building site may not be
33    included  in  any  detachment proceeding unless petitioned by
34    two-thirds of the eligible voters within the entire  district
 
                            -6-              LRB9201717NTsbam
 1    wherein the school is located.
 2        After  September  23,  1983,  no  petition shall be filed
 3    under Sections 7-1 and 7-2 to  form  a  new  school  district
 4    under  this  Article except that such a petition may be filed
 5    under Section 7-1 to form a new  school  district  where  the
 6    boundaries  of  such  new school district lie entirely within
 7    the boundaries of a military base  or  installation  operated
 8    and maintained by the government of the United States.
 9    (Source: P.A. 90-459, eff. 8-17-97.)

10        (105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
11        Sec.  7-4.  Requirements  for  granting  petitions.    No
12    petition  shall  be granted under Sections 7-1 or 7-2 of this
13    Act:
14        (a)  If there  will  be  any  non-high  school  territory
15    resulting from the granting of the petition.
16        (b)  Unless  after  granting  the  petition any community
17    unit district, community  consolidated  district,  elementary
18    district  or  high  school  district  created  shall  have  a
19    population  of  at  least  2,000  and  an  equalized assessed
20    valuation of at least $6,000,000 based upon the last value as
21    equalized by the Department of Revenue  as  of  the  date  of
22    filing of the petition.
23        (c)  Unless  the territory within any district so created
24    or any district whose boundaries are affected by the granting
25    of a petition shall after the granting thereof be compact and
26    contiguous except as provided in Section  7-6  of  this  Act.
27    The fact that a district is divided by territory lying within
28    the  corporate limits of the city of Chicago shall not render
29    it non-compact or non-contiguous.
30        (d)  To create any school district with a  population  of
31    less  than  2,000 unless the State Board of Education and the
32    regional superintendent of schools for the  region  in  which
33    the  proposed district will lie shall certify to the regional
 
                            -7-              LRB9201717NTsbam
 1    board or boards of school trustees that the creation of  such
 2    new   district   will   not   interfere   with  the  ultimate
 3    reorganization of the territory of such proposed district  as
 4    a  part  of  a district having a population of 2,000 or more.
 5    Notwithstanding any other provisions  of  this  Article,  the
 6    granting  or  approval by a regional board or regional boards
 7    of  school  trustees  or  by  the  State  Superintendent   of
 8    Education  of  a  petition  that  under  subsection  (b-5) of
 9    Section 7-6 is  required  to  request  the  submission  of  a
10    proposition  at  a regular scheduled election for the purpose
11    of voting for or against the  annexation   of  the  territory
12    described in the petition to the school district proposing to
13    annex  that territory is subject to, and any change in school
14    district boundaries pursuant to the granting of the  petition
15    shall not be made except upon, approval of the proposition at
16    the election in the manner provided by Section 7-7.7.
17    (Source:  P.A. 89-397, eff. 8-20-95; 90-459, eff. 8-17-97.)";
18    and

19    on  page  3,  by  replacing  lines  8  through  21  with  the
20    following:
21        "(b-5)  (Blank). If a petition filed under subsection (a)
22    of Section 7-1 or under Section 7-2 proposes to annex all the
23    territory of a school district to  another  school  district,
24    the petition shall request the submission of a proposition at
25    a regular scheduled election for the purpose of voting for or
26    against  the  annexation  of  the  territory described in the
27    petition to the  school  district  proposing  to  annex  that
28    territory.   No  petition  filed  or election held under this
29    Article shall be null and void,  invalidated,  or  deemed  in
30    noncompliance  with the Election Code because of a failure to
31    publish a notice with respect to the petition  or  referendum
32    as required under subsection (g) of Section 28-2 of that Code
33    for  petitions  that  are  not  filed  under  this Article or
34    Article 7A, 11A, 11B, or 11D of the School Code."; and
 
                            -8-              LRB9201717NTsbam
 1    on page 14, by replacing line 5 with the following:
 2    "generally permitted by law, provided that a  community  unit
 3    district  that  is formed by combining one or more elementary
 4    districts and one or more high school districts may  levy  an
 5    annual  tax for working cash purposes at a rate not to exceed
 6    0.10% and may levy an  annual  tax  for  leasing  educational
 7    facilities  or  computer  technology or both at a rate not to
 8    exceed 0.10%, notwithstanding the limits  otherwise  provided
 9    in this Code."; and

10    on  page  14,  by replacing lines 22 through 26 with "levy.";
11    and

12    on page 20, by replacing line 24 with "referenda or  projects
13    resulting  from  the  formation  of a cooperative high school
14    under Section 10-22.22c of this Code;".

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