[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB0722sam002
SRS92SB0722PMcpam02
1 AMENDMENT TO SENATE BILL 722
2 AMENDMENT NO. . Amend Senate Bill 722, by replacing
3 everything after the enacting clause with the following:
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 The regional superintendent to be elected under Section 3A-5
10 shall be elected at the time provided in the general election
11 law and must possess the qualifications described in Section
12 3-1 of this Act.
13 The bond required under Section 3-2 shall be filed in the
14 office of the county clerk in the county where the regional
15 office is situated, and a certified copy of that bond shall
16 be filed in the office of the county clerk in each of the
17 other counties in the region.
18 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
-2- SRS92SB0722PMcpam02
1 advice and consent of the county board, when such vacancy
2 occurs in a single county educational service region; or (ii)
3 by appointment of a committee composed of the chairmen of the
4 county boards of those counties comprising the affected
5 educational service region when such vacancy occurs in a
6 multicounty educational service region, each committeeman to
7 be entitled to one vote for each vote that was received in
8 the county represented by such committeeman on the committee
9 by the regional superintendent of schools whose office is
10 vacant at the last election at which a regional
11 superintendent was elected to such office, and the person
12 receiving the highest number of affirmative votes from the
13 committeemen for such vacant office to be deemed the person
14 appointed by such committee to fill the vacancy. The
15 appointee shall be a member of the same political party as
16 the regional superintendent of schools the appointee succeeds
17 was at the time such regional superintendent of schools last
18 was elected. The appointee shall serve until the next
19 general election when a successor shall be elected in
20 accordance with the general election law for the unexpired
21 term or for a full term, as the case may require.
22 Except as otherwise provided by applicable county
23 ordinance or by law, if a vacancy occurs in the office of
24 regional superintendent of schools of an educational service
25 region that is located in a county that is a home rule unit
26 and that has a population of less than 2,000,000 inhabitants,
27 that vacancy shall be filled by the county board of such home
28 rule county.
29 However, on or after August 7, 1995, if a vacancy occurs
30 in the office of regional superintendent of schools of an
31 educational service region that is located in a county that
32 is a home rule unit and that has a population of 2,000,000 or
33 more inhabitants, then the vacancy shall be filled by
34 appointment of the township committeemen of the same
-3- SRS92SB0722PMcpam02
1 political party as the incumbent in that educational service
2 region. The township committeemen shall have one vote for
3 each ballot voted in each precinct of the township cast by
4 the primary electors of his or her party at the general
5 primary election immediately preceding the meeting to fill
6 the vacancy in the office of regional superintendent of
7 schools. The person appointed to fill the vacancy shall be a
8 member of the same political party as the person he or she
9 succeeds and shall be otherwise eligible to serve as
10 superintendent of schools. The appointee shall serve for the
11 remainder of the term. However, if more than 28 months
12 remain in that term, the appointment shall be until the next
13 general election, at which time the vacated office shall be
14 filled by election for the remainder of the term.
15 Nominations shall be made and any vacancy in nomination shall
16 be filled as follows:
17 (1) If the vacancy in office occurs before the
18 first date provided in Section 7-12 of the Election Code
19 for filing nomination papers for county offices for the
20 primary in the next even-numbered year following
21 commencement of the term of office in which the vacancy
22 occurs, nominations for the election for filling the
23 vacancy shall be made pursuant to Article 7 of the
24 Election Code.
25 (2) If the vacancy in office occurs during the time
26 provided in Section 7-12 of the Election Code for filing
27 nomination papers for county offices for the primary in
28 the next even-numbered year following commencement of the
29 term of office in which the vacancy occurs, the time for
30 filing nomination papers for the primary shall not be
31 more than 91 days nor less than 85 days prior to the date
32 of the primary.
33 (3) If the vacancy in office occurs after the last
34 day provided in Section 7-12 of the Election Code for
-4- SRS92SB0722PMcpam02
1 filing nomination papers for county offices for the
2 primary in the next even-numbered year following
3 commencement of the term of office in which the vacancy
4 occurs, a vacancy in nomination shall be deemed to have
5 occurred and the township committeemen of each
6 established political party shall nominate, by
7 resolution, a candidate to fill the vacancy in nomination
8 for election to the office at the general election. In
9 the nomination proceedings to fill the vacancy in
10 nomination, each township committeeman shall have the
11 voting strength as set forth in Section 7-8 or 7-8.02 of
12 the Election Code, respectively. The name of the
13 candidate so nominated shall not appear on the ballot at
14 the general primary election. The vacancy in nomination
15 shall be filled prior to the date of certification of
16 candidates for the general election.
17 (4) The resolution to fill the vacancy shall be
18 duly acknowledged before an officer qualified to take
19 acknowledgments of deeds and shall include, upon its
20 face, the following information: (A) the name of the
21 original nominee and the office vacated; (B) the date on
22 which the vacancy occurred; and (C) the name and address
23 of the nominee selected to fill the vacancy and the date
24 of selection. The resolution to fill the vacancy shall be
25 accompanied by a statement of candidacy, as prescribed in
26 Section 7-10 of the Election Code, completed by the
27 selected nominee, a certificate from the State Board of
28 Education, as prescribed in Section 3-1 of this Code, and
29 a receipt indicating that the nominee has filed a
30 statement of economic interests as required by the
31 Illinois Governmental Ethics Act.
32 The provisions of Sections 10-8 through 10-10.1 of the
33 Election Code relating to objections to nominations papers,
34 hearings on objections, and judicial review shall also apply
-5- SRS92SB0722PMcpam02
1 to and govern objections to nomination papers and resolutions
2 for filling vacancies in nomination filed pursuant to this
3 Section. Unless otherwise specified in this Section, the
4 nomination and election provided for in this Section is
5 governed by the general election law. until the next general
6 election when a successor shall be elected in accordance with
7 the general election law for the unexpired term or for a full
8 term, as the case may require. Until July 1, 1994, if a
9 vacancy occurs in the office of regional superintendent of
10 schools of an educational service region that is located in a
11 county that is a home rule unit and that has a population of
12 2,000,000 or more inhabitants, that vacancy shall be filled
13 by the county board of that home rule county unless otherwise
14 provided by applicable county ordinance or by law. On and
15 after July 1, 1994, the provisions of this Section shall have
16 no application in any educational service region that is
17 located in any county, including a county that is a home rule
18 unit, if that educational service region has a population of
19 2,000,000 or more inhabitants.
20 Any person appointed to fill a vacancy in the office of
21 regional superintendent of schools of any educational service
22 region must possess the qualifications required to be elected
23 to the position of regional superintendent of schools, and
24 shall obtain a certificate of eligibility from the State
25 Superintendent of Education and file same with the county
26 clerk of the county in which the regional superintendent's
27 office is located.
28 If the regional superintendent of schools is called into
29 the active military service of the United States, his office
30 shall not be deemed to be vacant, but a temporary appointment
31 shall be made as in the case of a vacancy. The appointee
32 shall perform all the duties of the regional superintendent
33 of schools during the time the regional superintendent of
34 schools is in the active military service of the United
-6- SRS92SB0722PMcpam02
1 States, and shall be paid the same compensation apportioned
2 as to the time of service, and such appointment and all
3 authority thereunder shall cease upon the discharge of the
4 regional superintendent of schools from such active military
5 service. The appointee shall give the same bond as is
6 required of a regularly elected regional superintendent of
7 schools.
8 (Source: P.A. 87-654; 87-1251.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.".