Full Text of HB1466 97th General Assembly
HB1466sam003 97TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 5/8/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1466
| 2 | | AMENDMENT NO. ______. Amend House Bill 1466, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Sections | 6 | | 1B-5 and 1H-20 and by adding Sections 1B-5.5 and 1H-117 as | 7 | | follows:
| 8 | | (105 ILCS 5/1B-5) (from Ch. 122, par. 1B-5)
| 9 | | Sec. 1B-5.
When a petition for emergency financial
| 10 | | assistance for a school district is allowed by the State
Board | 11 | | under Section 1B-4, the State Superintendent
shall within 10 | 12 | | days thereafter appoint 3 members
to serve at the State | 13 | | Superintendent's pleasure on a
Financial Oversight Panel for | 14 | | the district. The State
Superintendent shall designate one of | 15 | | the members of the
Panel to serve as its Chairman. In the event | 16 | | of vacancy or
resignation the State Superintendent shall |
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| 1 | | appoint a
successor within 10 days of receiving notice thereof.
| 2 | | Members of the Panel shall be selected primarily on the
| 3 | | basis of their experience and education in financial
| 4 | | management, with consideration given to persons
knowledgeable | 5 | | in education finance. A member of the Panel
may not be a board | 6 | | member or employee of the district for
which the Panel is | 7 | | constituted, nor may a member have a
direct financial interest | 8 | | in that district.
| 9 | | A board may petition the State Superintendent for the | 10 | | removal, replacement, or reassignment of any member of a Panel. | 11 | | The State Superintendent shall grant such a petition if a Panel | 12 | | has been established for the district for at least 3 years or | 13 | | if the State Superintendent determines that granting the | 14 | | petition is in the best interests of the district. If the | 15 | | petition is granted, the State Superintendent shall remove, | 16 | | replace, or reassign the Panel member within 60 days. | 17 | | Panel members shall serve without compensation, but may
be | 18 | | reimbursed for travel and other necessary expenses
incurred in | 19 | | the performance of their official duties by the
State Board. | 20 | | The amount reimbursed Panel
members for their expenses shall be | 21 | | charged to the school
district as part of any emergency | 22 | | financial assistance and
incorporated as a part of the terms | 23 | | and conditions for
repayment of such assistance or shall be | 24 | | deducted from the district's general
State aid as provided in | 25 | | Section 1B-8.
| 26 | | The first meeting of the Panel shall be held at the
call of |
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| 1 | | the Chairman. The Panel may elect such other
officers as it | 2 | | deems appropriate. The Panel shall prescribe
the times and | 3 | | places for its meetings and the manner in
which regular and | 4 | | special meetings may be called, and shall
comply with the Open | 5 | | Meetings Act.
| 6 | | Two members of the Panel shall constitute a quorum, and
the | 7 | | affirmative vote of 2 members shall be necessary for any
| 8 | | decision or action to be taken by the Panel.
| 9 | | The Panel and the State Superintendent
shall cooperate with | 10 | | each other in the exercise of their
respective powers. The | 11 | | Panel shall report not later than
September 1 annually to the | 12 | | State Board and the State
Superintendent with respect to its | 13 | | activities and the
condition of the school district for the | 14 | | previous fiscal
year.
| 15 | | Any Financial Oversight Panel established under this
| 16 | | Article shall remain in existence for not less than 2 3 years
| 17 | | nor more than 10 years from the date the State Board grants
the | 18 | | petition under Section 1B-4. In addition to the right to | 19 | | dissolution set forth in Section 1B-5.5 of this Code, if If | 20 | | after 3 years the
school district has repaid all of its | 21 | | obligations resulting
from emergency State financial | 22 | | assistance provided under
this Article and has improved its | 23 | | financial situation, the board of
education may, not more
| 24 | | frequently than once in any 12 month period, petition the
State | 25 | | Board to dissolve the Financial Oversight Panel,
terminate the | 26 | | oversight responsibility, and remove the
district's |
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| 1 | | certification under Section 1A-8 as a district in
financial | 2 | | difficulty. In acting on such a petition the
State Board shall | 3 | | give additional weight to the
recommendations of the State | 4 | | Superintendent and the
Financial Oversight Panel.
| 5 | | (Source: P.A. 88-618, eff. 9-9-94.)
| 6 | | (105 ILCS 5/1B-5.5 new) | 7 | | Sec. 1B-5.5. Right to dissolution. A Panel established | 8 | | pursuant to a petition from a board shall be dissolved by the | 9 | | State Board following the State Board's receipt of a petition | 10 | | from the board certifying that the following requirements have | 11 | | been satisfied for at least 2 consecutive fiscal years: | 12 | | (1) The district has maintained a budget that has been | 13 | | balanced in accordance with the accounting system and | 14 | | procedure prescribed by the Panel. | 15 | | (2) The Panel has approved the financial plan submitted | 16 | | from the district. | 17 | | (3) The district has received a clean or unqualified | 18 | | opinion from the auditor conducting the annual audit | 19 | | required under this Article. | 20 | | (4) The State Board has placed the district in its | 21 | | highest financial category. | 22 | | Any outstanding obligations that resulted from emergency | 23 | | State financial assistance provided under this Article must be | 24 | | repaid by the board prior to or upon the dissolution of the | 25 | | Panel. |
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| 1 | | (105 ILCS 5/1H-20) | 2 | | Sec. 1H-20. Members of Panel; meetings. | 3 | | (a) Upon establishment of a Financial Oversight Panel under | 4 | | Section 1H-15 of this Code, the State Superintendent shall | 5 | | within 15 working days thereafter appoint 5 members to serve on | 6 | | a Financial Oversight Panel for the district. Members appointed | 7 | | to the Panel shall serve at the pleasure of the State | 8 | | Superintendent. The State Superintendent shall designate one | 9 | | of the members of the Panel to serve as its Chairperson. In the | 10 | | event of vacancy or resignation, the State Superintendent | 11 | | shall, within 10 days after receiving notice, appoint a | 12 | | successor to serve out that member's term. | 13 | | (b) Members of the Panel shall be selected primarily on the | 14 | | basis of their experience and education in financial | 15 | | management, with consideration given to persons knowledgeable | 16 | | in education finance. Two members of the Panel shall be | 17 | | residents of the school district that the Panel serves. A | 18 | | member of the Panel may not be a member of the district's | 19 | | school board or an employee of the district nor may a member | 20 | | have a direct financial interest in the district. | 21 | | (b-5) A board of education for a district may petition the | 22 | | State Superintendent for the removal, replacement, or | 23 | | reassignment of any member of a Panel. The State Superintendent | 24 | | shall grant such a petition if a Panel has been established for | 25 | | the district for at least 3 years or if the State |
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| 1 | | Superintendent determines that granting the petition is in the | 2 | | best interests of the district. If the petition is granted, the | 3 | | State Superintendent shall remove, replace, or reassign the | 4 | | Panel member within 60 days. | 5 | | (c) Panel members may be reimbursed by the State Board for | 6 | | travel and other necessary expenses incurred in the performance | 7 | | of their official duties. The amount reimbursed members for | 8 | | their expenses shall be charged to the school district as part | 9 | | of any emergency financial assistance and incorporated as a | 10 | | part of the terms and conditions for repayment of the | 11 | | assistance or shall be deducted from the district's general | 12 | | State aid as provided in Section 1H-65 of this Code. | 13 | | (d) With the exception of the chairperson, who shall be | 14 | | designated as provided in subsection (a) of this Section, the | 15 | | Panel may elect such officers as it deems appropriate. | 16 | | (e) The first meeting of the Panel shall be held at the | 17 | | call of the Chairperson. The Panel shall prescribe the times | 18 | | and places for its meetings and the manner in which regular and | 19 | | special meetings may be called and shall comply with the Open | 20 | | Meetings Act. The Panel shall also comply with the Freedom of | 21 | | Information Act. | 22 | | (f) Three members of the Panel shall constitute a quorum. A | 23 | | majority of members present is required to pass a measure.
| 24 | | (Source: P.A. 97-429, eff. 8-16-11.) | 25 | | (105 ILCS 5/1H-117 new) |
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| 1 | | Sec. 1H-117. Right to dissolution. A Panel established | 2 | | pursuant to a petition from a board of education shall be | 3 | | dissolved by the State Board following the State Board's | 4 | | receipt of a petition from the board of education certifying | 5 | | that the following requirements have been satisfied for at | 6 | | least 2 consecutive fiscal years: | 7 | | (1) the district has maintained a budget that has been | 8 | | balanced in accordance with the accounting system and | 9 | | procedure prescribed by the Panel; | 10 | | (2) the Panel has approved the financial plan submitted | 11 | | from the district; | 12 | | (3) the district has received a clean or unqualified | 13 | | opinion from the auditor conducting the annual audit | 14 | | required under this Article; and | 15 | | (4) the State Board has placed the district in its | 16 | | highest financial category. | 17 | | Any outstanding obligations must be repaid by the board of | 18 | | education prior to or upon the dissolution of the Panel.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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