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|[ Introduced ]||[ Senate Amendment 002 ]|
92_SB0722sam001 LRB9202502EGfgam01 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 (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 -2- LRB9202502EGfgam01 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 for the remainder of 19 the term. However, if more than 28 months remain in that 20 term, the appointment shall be until the next general 21 election, at which time the vacated office shall be filled by 22 election for the remainder of the term. Nominations shall be 23 made and any vacancy in nomination shall be filled as 24 follows: 25 (1) If the vacancy in office occurs before the 26 first date provided in Section 7-12 of the Election Code 27 for filing nomination papers for county offices for the 28 primary in the next even-numbered year following 29 commencement of the term of office in which the vacancy 30 occurs, nominations for the election for filling the 31 vacancy shall be made pursuant to Article 7 of the 32 Election Code. 33 (2) If the vacancy in office occurs during the time 34 provided in Section 7-12 of the Election Code for filing -3- LRB9202502EGfgam01 1 nomination papers for county offices for the primary in 2 the next even-numbered year following commencement of the 3 term of office in which the vacancy occurs, the time for 4 filing nomination papers for the primary shall not be 5 more than 91 days nor less than 85 days prior to the date 6 of the primary. 7 (3) If the vacancy in office occurs after the last 8 day provided in Section 7-12 of the Election Code for 9 filing nomination papers for county offices for the 10 primary in the next even-numbered year following 11 commencement of the term of office in which the vacancy 12 occurs, a vacancy in nomination shall be deemed to have 13 occurred and the county central committee of each 14 established political party (if the vacancy occurs in a 15 single county educational service region) or the 16 multi-county educational service region committee of each 17 established political party (if the vacancy occurs in a 18 multi-county educational service region) shall nominate, 19 by resolution, a candidate to fill the vacancy in 20 nomination for election to the office at the general 21 election. In the nomination proceedings to fill the 22 vacancy in nomination, each member of the county central 23 committee or the multi-county educational service region 24 committee, whichever applies, shall have the voting 25 strength as set forth in Section 7-8 or 7-8.02 of the 26 Election Code, respectively. The name of the candidate 27 so nominated shall not appear on the ballot at the 28 general primary election. The vacancy in nomination 29 shall be filled prior to the date of certification of 30 candidates for the general election. 31 (4) The resolution to fill the vacancy shall be 32 duly acknowledged before an officer qualified to take 33 acknowledgments of deeds and shall include, upon its 34 face, the following information: (A) the name of the -4- LRB9202502EGfgam01 1 original nominee and the office vacated; (B) the date on 2 which the vacancy occurred; and (C) the name and address 3 of the nominee selected to fill the vacancy and the date 4 of selection. The resolution to fill the vacancy shall be 5 accompanied by a statement of candidacy, as prescribed in 6 Section 7-10 of the Election Code, completed by the 7 selected nominee, a certificate from the State Board of 8 Education, as prescribed in Section 3-1 of this Code, and 9 a receipt indicating that the nominee has filed a 10 statement of economic interests as required by the 11 Illinois Governmental Ethics Act. 12 The provisions of Sections 10-8 through 10-10.1 of the 13 Election Code relating to objections to nominations papers, 14 hearings on objections, and judicial review shall also apply 15 to and govern objections to nomination papers and resolutions 16 for filling vacancies in nomination filed pursuant to this 17 Section. Unless otherwise specified in this Section, the 18 nomination and election provided for in this Section is 19 governed by the general election law.
until the next general20 election when a successor shall be elected in accordance with21 the general election law for the unexpired term or for a full22 term, as the case may require.23 Except as otherwise provided by applicable county 24 ordinance or by law, if a vacancy occurs in the office of 25 regional superintendent of schools of an educational service 26 region that is located in a county that is a home rule unit 27 and that has a population of less than 2,000,000 inhabitants, 28 that vacancy shall be filled by the county board of such home 29 rule county. 30 On or after August 7, 1995, if a vacancy occurs in the 31 office of regional superintendent of schools of an 32 educational service region that is located in a county that 33 is a home rule unit and that has a population of 2,000,000 or 34 more inhabitants, then that vacancy shall be filled by the -5- LRB9202502EGfgam01 1 first assistant superintendent/deputy superintendent until 2 the end of the term to which the regional superintendent was 3 elected. Until July 1, 1994, if a vacancy occurs in the4 office of regional superintendent of schools of an5 educational service region that is located in a county that6 is a home rule unit and that has a population of 2,000,000 or7 more inhabitants, that vacancy shall be filled by the county8 board of that home rule county unless otherwise provided by9 applicable county ordinance or by law. On and after July 1,10 1994, the provisions of this Section shall have no11 application in any educational service region that is located12 in any county, including a county that is a home rule unit,13 if that educational service region has a population of14 2,000,000 or more inhabitants.15 Any person appointed to fill a vacancy in the office of 16 regional superintendent of schools of any educational service 17 region must possess the qualifications required to be elected 18 to the position of regional superintendent of schools, and 19 shall obtain a certificate of eligibility from the State 20 Superintendent of Education and file same with the county 21 clerk of the county in which the regional superintendent's 22 office is located. 23 If the regional superintendent of schools is called into 24 the active military service of the United States, his office 25 shall not be deemed to be vacant, but a temporary appointment 26 shall be made as in the case of a vacancy. The appointee 27 shall perform all the duties of the regional superintendent 28 of schools during the time the regional superintendent of 29 schools is in the active military service of the United 30 States, and shall be paid the same compensation apportioned 31 as to the time of service, and such appointment and all 32 authority thereunder shall cease upon the discharge of the 33 regional superintendent of schools from such active military 34 service. The appointee shall give the same bond as is -6- LRB9202502EGfgam01 1 required of a regularly elected regional superintendent of 2 schools. 3 (Source: P.A. 87-654; 87-1251.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.".
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