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|[ 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 general6 election when a successor shall be elected in accordance with7 the general election law for the unexpired term or for a full8 term, as the case may require. Until July 1, 1994, if a9 vacancy occurs in the office of regional superintendent of10 schools of an educational service region that is located in a11 county that is a home rule unit and that has a population of12 2,000,000 or more inhabitants, that vacancy shall be filled13 by the county board of that home rule county unless otherwise14 provided by applicable county ordinance or by law. On and15 after July 1, 1994, the provisions of this Section shall have16 no application in any educational service region that is17 located in any county, including a county that is a home rule18 unit, if that educational service region has a population of19 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.".
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