State of Illinois
92nd General Assembly
Legislation

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92_SB0170eng

 
SB170 Engrossed                               LRB9201783NTsbA

 1        AN ACT in relation to schools.

 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
 5    Section 3A-6 as follows:

 6        (105 ILCS 5/3A-6) (from Ch. 122, par. 3A-6)
 7        Sec. 3A-6.  Election of Superintendent  for  consolidated
 8    region - Bond - Vacancies in any educational service region.
 9        (a)  The  regional  superintendent  to  be  elected under
10    Section 3A-5 shall be elected at the  time  provided  in  the
11    general  election  law  and  must  possess the qualifications
12    described in Section 3-1 of this Act.
13        (b)  The bond required under Section 3-2 shall  be  filed
14    in  the  office  of  the county clerk in the county where the
15    regional office is situated, and a  certified  copy  of  that
16    bond shall be filed in the office of the county clerk in each
17    of the other counties in the region.
18        (c)  When  a  vacancy  occurs  in  the office of regional
19    superintendent of schools of any educational  service  region
20    which  is  not located in a county which is a home rule unit,
21    such  vacancy  shall  be  filled  within  60  days   (i)   by
22    appointment  of  the  chairman  of the county board, with the
23    advice and consent of the county  board,  when  such  vacancy
24    occurs in a single county educational service region; or (ii)
25    by appointment of a committee composed of the chairmen of the
26    county  boards  of  those  counties  comprising  the affected
27    educational service region when  such  vacancy  occurs  in  a
28    multicounty  educational service region, each committeeman to
29    be entitled to one vote for each vote that  was  received  in
30    the  county represented by such committeeman on the committee
31    by the regional superintendent of  schools  whose  office  is
 
SB170 Engrossed             -2-               LRB9201783NTsbA
 1    vacant   at   the   last   election   at   which  a  regional
 2    superintendent was elected to such  office,  and  the  person
 3    receiving  the  highest  number of affirmative votes from the
 4    committeemen for such vacant office to be deemed  the  person
 5    appointed   by  such  committee  to  fill  the  vacancy.  The
 6    appointee shall be a member of the same  political  party  as
 7    the regional superintendent of schools the appointee succeeds
 8    was  at the time such regional superintendent of schools last
 9    was elected.  The appointee shall serve for the remainder  of
10    the  term.   However,  if  more than 28 months remain in that
11    term,  the  appointment  shall  be  until  the  next  general
12    election, at which time the vacated office shall be filled by
13    election for the remainder of the term.  Nominations shall be
14    made and  any  vacancy  in  nomination  shall  be  filled  as
15    follows:
16             (1)  If  the  vacancy  in  office  occurs before the
17        first date provided in Section 7-12 of the Election  Code
18        for  filing  nomination papers for county offices for the
19        primary  in  the  next   even-numbered   year   following
20        commencement  of  the term of office in which the vacancy
21        occurs, nominations for  the  election  for  filling  the
22        vacancy  shall  be  made  pursuant  to  Article  7 of the
23        Election Code.
24             (2)  If the vacancy in office occurs during the time
25        provided in Section 7-12 of the Election Code for  filing
26        nomination  papers  for county offices for the primary in
27        the next even-numbered year following commencement of the
28        term of office in which the vacancy occurs, the time  for
29        filing  nomination  papers  for  the primary shall not be
30        more than 91 days nor less than 85 days prior to the date
31        of the primary.
32             (3)  If the vacancy in office occurs after the  last
33        day  provided  in  Section  7-12 of the Election Code for
34        filing nomination  papers  for  county  offices  for  the
 
SB170 Engrossed             -3-               LRB9201783NTsbA
 1        primary   in   the   next  even-numbered  year  following
 2        commencement of the term of office in which  the  vacancy
 3        occurs,  a  vacancy in nomination shall be deemed to have
 4        occurred  and  the  county  central  committee  of   each
 5        established  political  party (if the vacancy occurs in a
 6        single  county  educational  service   region)   or   the
 7        multi-county educational service region committee of each
 8        established  political  party (if the vacancy occurs in a
 9        multi-county educational service region) shall  nominate,
10        by  resolution,  a  candidate  to  fill  the  vacancy  in
11        nomination  for  election  to  the  office at the general
12        election.  In the  nomination  proceedings  to  fill  the
13        vacancy  in nomination, each member of the county central
14        committee or the multi-county educational service  region
15        committee,  whichever  applies,  shall  have  the  voting
16        strength  as  set  forth  in Section 7-8 or 7-8.02 of the
17        Election Code, respectively.  The name of  the  candidate
18        so  nominated  shall  not  appear  on  the  ballot at the
19        general primary  election.   The  vacancy  in  nomination
20        shall  be  filled  prior  to the date of certification of
21        candidates for the general election.
22             (4)  The resolution to fill  the  vacancy  shall  be
23        duly  acknowledged  before  an  officer qualified to take
24        acknowledgments of deeds  and  shall  include,  upon  its
25        face,  the  following  information:  (A)  the name of the
26        original nominee and the office vacated; (B) the date  on
27        which  the vacancy occurred; and (C) the name and address
28        of the nominee selected to fill the vacancy and the  date
29        of selection. The resolution to fill the vacancy shall be
30        accompanied by a statement of candidacy, as prescribed in
31        Section  7-10  of  the  Election  Code,  completed by the
32        selected nominee, a certificate from the State  Board  of
33        Education, as prescribed in Section 3-1 of this Code, and
34        a  receipt  indicating  that  the  nominee  has  filed  a
 
SB170 Engrossed             -4-               LRB9201783NTsbA
 1        statement  of  economic  interests  as  required  by  the
 2        Illinois Governmental Ethics Act.
 3    The  provisions  of  Sections  10-8  through  10-10.1  of the
 4    Election Code relating to objections  to  nomination  papers,
 5    hearings  on objections, and judicial review shall also apply
 6    to and govern objections to nomination papers and resolutions
 7    for filling vacancies in nomination filed  pursuant  to  this
 8    Section.   Unless  otherwise  specified  in this Section, the
 9    nomination and election  provided  for  in  this  Section  is
10    governed  by the general election law. until the next general
11    election when a successor shall be elected in accordance with
12    the general election law for the unexpired term or for a full
13    term, as the case may require.
14        Except  as  otherwise  provided  by   applicable   county
15    ordinance  or  by  law,  if a vacancy occurs in the office of
16    regional superintendent of schools of an educational  service
17    region  that  is located in a county that is a home rule unit
18    and that has a population of less than 2,000,000 inhabitants,
19    that vacancy shall be filled by the county board of such home
20    rule county.
21        Until July 1, 1994, if a vacancy occurs in the office  of
22    regional  superintendent of schools of an educational service
23    region that is located in a county that is a home  rule  unit
24    and  that  has a population of 2,000,000 or more inhabitants,
25    that vacancy shall be filled by the county board of that home
26    rule county unless otherwise provided  by  applicable  county
27    ordinance  or  by  law.  On  and  after  July  1,  1994,  the
28    provisions  of  this Section shall have no application in any
29    educational service region that is  located  in  any  county,
30    including  a  county  that  is  a  home  rule  unit,  if that
31    educational service region has a population of  2,000,000  or
32    more inhabitants.
33        Any  person  appointed to fill a vacancy in the office of
34    regional superintendent of schools of any educational service
 
SB170 Engrossed             -5-               LRB9201783NTsbA
 1    region must possess the qualifications required to be elected
 2    to the position of regional superintendent  of  schools,  and
 3    shall  obtain  a  certificate  of  eligibility from the State
 4    Superintendent of Education  and file same  with  the  county
 5    clerk  of  the  county in which the regional superintendent's
 6    office is located.
 7        If the regional superintendent of schools is called  into
 8    the  active military service of the United States, his office
 9    shall not be deemed to be vacant, but a temporary appointment
10    shall be made as in the case of a  vacancy.    The  appointee
11    shall  perform  all the duties of the regional superintendent
12    of schools during the time  the  regional  superintendent  of
13    schools  is  in  the  active  military  service of the United
14    States, and shall be paid the same  compensation  apportioned
15    as  to  the  time  of  service,  and such appointment and all
16    authority thereunder shall cease upon the  discharge  of  the
17    regional  superintendent of schools from such active military
18    service.  The appointee  shall  give  the  same  bond  as  is
19    required  of  a  regularly elected regional superintendent of
20    schools.
21    (Source: P.A. 87-654; 87-1251.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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