093_SB0697eng

 
SB697 Engrossed                      LRB093 10046 NHT 10297 b

 1        AN ACT regarding 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  county  chairman  of the same political
23    party as the regional superintendent of schools the appointee
24    succeeds was at  the  time  the  regional  superintendent  of
25    schools  was  last  elected county board, with the advice and
26    consent of the county board, when such vacancy  occurs  in  a
27    single   county   educational  service  region;  or  (ii)  by
28    appointment of a committee composed of the county chairmen of
29    the same political party as the  regional  superintendent  of
30    schools  the  appointee succeeds was at the time the regional
31    superintendent of schools was last elected county  boards  of
 
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 1    those  counties  comprising  the affected educational service
 2    region when such vacancy occurs in a multicounty  educational
 3    service  region, each committeeman to be entitled to one vote
 4    for each vote that was received in the county represented  by
 5    such   committeeman   on   the   committee  by  the  regional
 6    superintendent of schools whose office is vacant at the  last
 7    election  at  which  a regional superintendent was elected to
 8    such office, and the person receiving the highest  number  of
 9    affirmative  votes  from  the  committeemen  for  such vacant
10    office to be deemed the person appointed by such committee to
11    fill the vacancy. The appointee shall be a member of the same
12    political party as the regional superintendent of schools the
13    appointee  succeeds   was   at   the   time   such   regional
14    superintendent  of  schools  last was elected.  The appointee
15    shall serve for the remainder of the term.  However, if  more
16    than  28 months remain in that term, the appointment shall be
17    until the next general election, at which  time  the  vacated
18    office  shall  be filled by election for the remainder of the
19    term.   Nominations  shall  be  made  and  any   vacancy   in
20    nomination shall be filled as follows:
21             (1)  If  the  vacancy  in  office  occurs before the
22        first date provided in Section 7-12 of the Election  Code
23        for  filing  nomination papers for county offices for the
24        primary  in  the  next   even-numbered   year   following
25        commencement  of  the term of office in which the vacancy
26        occurs, nominations for  the  election  for  filling  the
27        vacancy  shall  be  made  pursuant  to  Article  7 of the
28        Election Code.
29             (2)  If the vacancy in office occurs during the time
30        provided in Section 7-12 of the Election Code for  filing
31        nomination  papers  for county offices for the primary in
32        the next even-numbered year following commencement of the
33        term of office in which the vacancy occurs, the time  for
34        filing  nomination  papers  for  the primary shall not be
 
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 1        more than 91 days nor less than 85 days prior to the date
 2        of the primary.
 3             (3)  If the vacancy in office occurs after the  last
 4        day  provided  in  Section  7-12 of the Election Code for
 5        filing nomination  papers  for  county  offices  for  the
 6        primary   in   the   next  even-numbered  year  following
 7        commencement of the term of office in which  the  vacancy
 8        occurs,  a  vacancy in nomination shall be deemed to have
 9        occurred  and  the  county  central  committee  of   each
10        established  political  party (if the vacancy occurs in a
11        single  county  educational  service   region)   or   the
12        multi-county educational service region committee of each
13        established  political  party (if the vacancy occurs in a
14        multi-county educational service region) shall  nominate,
15        by  resolution,  a  candidate  to  fill  the  vacancy  in
16        nomination  for  election  to  the  office at the general
17        election.  In the  nomination  proceedings  to  fill  the
18        vacancy  in nomination, each member of the county central
19        committee or the multi-county educational service  region
20        committee,  whichever  applies,  shall  have  the  voting
21        strength  as  set  forth  in Section 7-8 or 7-8.02 of the
22        Election Code, respectively.  The name of  the  candidate
23        so  nominated  shall  not  appear  on  the  ballot at the
24        general primary  election.   The  vacancy  in  nomination
25        shall  be  filled  prior  to the date of certification of
26        candidates for the general election.
27             (4)  The resolution to fill  the  vacancy  shall  be
28        duly  acknowledged  before  an  officer qualified to take
29        acknowledgments of deeds  and  shall  include,  upon  its
30        face,  the  following  information:  (A)  the name of the
31        original nominee and the office vacated; (B) the date  on
32        which  the vacancy occurred; and (C) the name and address
33        of the nominee selected to fill the vacancy and the  date
34        of selection. The resolution to fill the vacancy shall be
 
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 1        accompanied by a statement of candidacy, as prescribed in
 2        Section  7-10  of  the  Election  Code,  completed by the
 3        selected nominee, a certificate from the State  Board  of
 4        Education, as prescribed in Section 3-1 of this Code, and
 5        a  receipt  indicating  that  the  nominee  has  filed  a
 6        statement  of  economic  interests  as  required  by  the
 7        Illinois Governmental Ethics Act.
 8    The  provisions  of  Sections  10-8  through  10-10.1  of the
 9    Election Code relating to objections  to  nomination  papers,
10    hearings  on objections, and judicial review shall also apply
11    to and govern objections to nomination papers and resolutions
12    for filling vacancies in nomination filed  pursuant  to  this
13    Section.   Unless  otherwise  specified  in this Section, the
14    nomination and election  provided  for  in  this  Section  is
15    governed by the general election law.
16        Except   as   otherwise  provided  by  applicable  county
17    ordinance or by law, if a vacancy occurs  in  the  office  of
18    regional  superintendent of schools of an educational service
19    region that is located in a county that is a home  rule  unit
20    and that has a population of less than 2,000,000 inhabitants,
21    that vacancy shall be filled by the county board of such home
22    rule county.
23        Until  July  1, 2003 or until the regional superintendent
24    of schools elected in 2002  takes  office,  whichever  occurs
25    first,  if  a  vacancy  exists  in  the  office  of  regional
26    superintendent  of  schools  of an educational service region
27    that is located in a county that is a home rule unit and that
28    has a population of 2,000,000 or more inhabitants, then  that
29    vacancy    shall   be   filled   by   the   first   assistant
30    superintendent/deputy superintendent until  the  end  of  the
31    term to which the regional superintendent was elected.
32        Any  person  appointed to fill a vacancy in the office of
33    regional superintendent of schools of any educational service
34    region must possess the qualifications required to be elected
 
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 1    to the position of regional superintendent  of  schools,  and
 2    shall  obtain  a  certificate  of  eligibility from the State
 3    Superintendent of Education  and file same  with  the  county
 4    clerk  of  the  county in which the regional superintendent's
 5    office is located.
 6        If the regional superintendent of schools is called  into
 7    the  active military service of the United States, his office
 8    shall not be deemed to be vacant, but a temporary appointment
 9    shall be made as in the case  of  a  vacancy.  The  appointee
10    shall  perform  all the duties of the regional superintendent
11    of schools during the time  the  regional  superintendent  of
12    schools  is  in  the  active  military  service of the United
13    States, and shall be paid the same  compensation  apportioned
14    as  to  the  time  of  service,  and such appointment and all
15    authority thereunder shall cease upon the  discharge  of  the
16    regional  superintendent of schools from such active military
17    service.  The appointee  shall  give  the  same  bond  as  is
18    required  of  a  regularly elected regional superintendent of
19    schools.
20    (Source: P.A. 92-277, eff. 8-7-01; 92-869, eff. 1-3-03.)

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