State of Illinois
92nd General Assembly
Legislation

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92_SB0616enr

SB616 Enrolled                                LRB9204556NTsbB

 1        AN ACT concerning 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
 
SB616 Enrolled             -2-                LRB9204556NTsbB
 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
 
SB616 Enrolled             -3-                LRB9204556NTsbB
 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
 
SB616 Enrolled             -4-                LRB9204556NTsbB
 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.
11        Except   as   otherwise  provided  by  applicable  county
12    ordinance or by law, if a vacancy occurs  in  the  office  of
13    regional  superintendent of schools of an educational service
14    region that is located in a county that is a home  rule  unit
15    and that has a population of less than 2,000,000 inhabitants,
16    that vacancy shall be filled by the county board of such home
17    rule county.
18        Until  July  1, 2003 or until the regional superintendent
19    of schools elected in 2002  takes  office,  whichever  occurs
20    first,  if  a  vacancy  exists  in  the  office  of  regional
21    superintendent  of  schools  of an educational service region
22    that is located in a county that is a home rule unit and that
23    has a population of 2,000,000 or more inhabitants, then  that
24    vacancy    shall   be   filled   by   the   first   assistant
25    superintendent/deputy superintendent until  the  end  of  the
26    term  to which the regional superintendent was elected. Until
27    July 1, 1994, if a vacancy occurs in the office  of  regional
28    superintendent  of  schools  of an educational service region
29    that is located in a county that is a home rule unit and that
30    has a population  of  2,000,000  or  more  inhabitants,  that
31    vacancy shall be filled by the county board of that home rule
32    county   unless   otherwise  provided  by  applicable  county
33    ordinance  or  by  law.  On  and  after  July  1,  1994,  the
34    provisions of this Section shall have no application  in  any
 
SB616 Enrolled             -5-                LRB9204556NTsbB
 1    educational  service  region  that  is located in any county,
 2    including a  county  that  is  a  home  rule  unit,  if  that
 3    educational  service  region has a population of 2,000,000 or
 4    more inhabitants.
 5        Any person appointed to fill a vacancy in the  office  of
 6    regional superintendent of schools of any educational service
 7    region must possess the qualifications required to be elected
 8    to  the  position  of regional superintendent of schools, and
 9    shall obtain a certificate  of  eligibility  from  the  State
10    Superintendent  of  Education   and file same with the county
11    clerk of the county in which  the  regional  superintendent's
12    office is located.
13        If  the regional superintendent of schools is called into
14    the active military service of the United States, his  office
15    shall not be deemed to be vacant, but a temporary appointment
16    shall  be  made  as  in  the case of a vacancy. The appointee
17    shall perform all the duties of the  regional  superintendent
18    of  schools  during  the  time the regional superintendent of
19    schools is in the  active  military  service  of  the  United
20    States,  and  shall be paid the same compensation apportioned
21    as to the time of  service,  and  such  appointment  and  all
22    authority  thereunder  shall  cease upon the discharge of the
23    regional superintendent of schools from such active  military
24    service.   The  appointee  shall  give  the  same  bond as is
25    required of a regularly elected  regional  superintendent  of
26    schools.
27    (Source: P.A. 92-277, eff. 8-7-01.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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