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92nd General Assembly

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Public Act 92-0277

SB170 Enrolled                                LRB9201783NTsbA

    AN ACT in relation to schools.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.   The  School  Code  is  amended  by  changing
Section 3A-6 as follows:

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

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 16, 2001.
    Approved August 07, 2001.

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