Rep. Robert Martwick

Filed: 5/14/2019





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2    AMENDMENT NO. ______. Amend House Bill 827 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Public Community College Act is amended by
5changing Sections 7-1, 7-2, and 7-3 and by adding Sections
67-2.1, 7-2.2, and 7-2.3 as follows:
7    (110 ILCS 805/7-1)  (from Ch. 122, par. 107-1)
8    Sec. 7-1. This Article applies only to community college
9districts in cities having a population of 500,000 or more
10inhabitants. Each such community college district shall
11maintain a system of community colleges under the charge of a
12board, which is appointed as provided in Section 7-2. Except as
13otherwise provided in this Article, such a community college
14district and its board have all the rights, duties, powers and
15responsibilities and are subject to the same limitations as are
16provided for other community college districts in this Act, as



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1now or hereafter amended.
2(Source: P.A. 78-669.)
3    (110 ILCS 805/7-2)  (from Ch. 122, par. 107-2)
4    Sec. 7-2. (a) This subsection (a) applies until May 9,
52023. The board shall consist of 7 members, appointed by the
6mayor with the approval of the city council. Prior to the
7expiration of the term of any member his successor shall be
8appointed in like manner and shall hold office for a term of 3
9years from July 1 of the year in which he is appointed and
10until his successor is appointed and qualified. Any vacancy in
11the membership of the board shall be filled through appointment
12by the mayor, with the approval of the city council, for the
13unexpired term. If any appointee fails to qualify within 30
14days after his appointment, the office shall be filled by a new
15appointment for the unexpired term. To be eligible for
16appointment to a board under this Section, a person must
17possess the same qualifications and meet the same requirements
18as are prescribed by this Act for members of an elected board
19of a community college district.
20    (b) Notwithstanding the provisions of Section 3-7 of this
21Act, the terms of all members of the board appointed under
22subsection (a) are abolished when the new board, consisting of
2321 members, is elected by the electors of the community college
24district as provided in this subsection (b) and takes office.
25    Beginning with the 2023 consolidated election, each member



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1shall be elected for a term of 4 years and until the member's
2successor is elected and has qualified. After the 2023
3consolidated election, each member shall be elected for a term
4of 4 years, commencing on the second Tuesday in May of the year
5in which the member is elected, and until the member's
6successor is elected and has qualified. For purposes of
7elections conducted pursuant to this subsection (b), the City
8of Chicago shall be subdivided into 20 trustee districts by the
9General Assembly for seats on the board, as provided under
10Section 7-2.3 of this Act. Each district shall be represented
11by a member, and one member shall be elected at large and serve
12as the president of the board. To be eligible for election or
13appointment to a board under this Section, a person must
14possess the same qualifications and meet the same requirements
15as are prescribed by this Act for members of an elected board
16of a community college district. A person is ineligible for
17election or appointment to a board under this Section if that
18person is an employee of a community college district within
19the city.
20    (c) No member shall have or be an employee or owner of a
21company that has a contract with a community college within the
22city. No former officer, member, or employee of the board
23shall, within a period of one year immediately after
24termination of service on the board, knowingly accept
25employment or receive compensation or fees for services from a
26person or entity if the officer, member, or employee, during



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1the year immediately preceding termination of service on the
2board, participated personally and substantially in the award
3of contracts with the board, community college district, or
4community colleges within the city, or the issuance of contract
5change orders with the board or the community college district,
6or community college within the city, with a cumulative value
7of $25,000 or more to the person, the entity, or the entity's
8parent or subsidiary.
9    (d) Whenever a vacancy occurs, the remaining members shall
10fill the vacancy, and the person so appointed shall serve until
11a successor is elected at the next regular election for board
12members and is certified in accordance with Sections 22-17 and
1322-18 of the Election Code. If the remaining members fail to
14fill the vacancy within 60 days after the vacancy occurs, the
15chairman of the State Board shall fill that vacancy, and the
16person so appointed shall serve until a successor is elected at
17the next regular election for board members and is certified in
18accordance with Sections 22-17 and 22-18 of the Election Code.
19The person appointed to fill a vacancy shall have the same
20residential qualifications as his or her predecessor in office
21was required to have. However, in either instance, if the
22vacancy occurs with more than 28 months remaining until the
23term expires, the appointed member shall serve only until a
24successor is elected and qualified at the next scheduled
26(Source: P.A. 78-669.)



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1    (110 ILCS 805/7-2.1 new)
2    Sec. 7-2.1. Nomination petitions. Notwithstanding Section
33-7.10 of this Act, in addition to the requirements of the
4general election law, the form of petitions under this Section
5shall be substantially as follows:
8    To the Board of Election Commissioners for the City of
10    We the undersigned, being (.... or more) of the voters
11residing within said district, hereby petition that .... who
12resides at .... in the City of Chicago shall be a candidate for
13the office of .... of the Board of Trustees of the City
14Colleges of Chicago, Illinois Community College District No.
15508, (full term) (vacancy) to be voted for at the election to
16be held on (insert date).
17    Name: .................. Address: ...................
18    In the designation of the name of a candidate on a petition
19for nomination, the candidate's given name or names, initial or
20initials, a nickname by which the candidate is commonly known,
21or a combination thereof may be used in addition to the
22candidate's surname. If a candidate has changed his or her
23name, whether by a statutory or common law procedure in
24Illinois or any other jurisdiction, within 3 years before the
25last day for filing the petition, then (i) the candidate's name



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1on the petition must be followed by "formerly known as (list
2all prior names during the 3-year period) until name changed on
3(list date of each such name change)" and (ii) the petition
4must be accompanied by the candidate's affidavit stating the
5candidate's previous names during the period specified in
6clause (i) and the date or dates each of those names was
7changed; failure to meet these requirements shall be grounds
8for denying certification of the candidate's name for the
9ballot, but these requirements do not apply to name changes
10resulting from adoption to assume an adoptive parent's or
11parents' surname, marriage to assume a spouse's surname, or
12dissolution of marriage or declaration of invalidity of
13marriage to assume a former surname. No other designation, such
14as a political slogan, as defined by Section 7-17 of the
15Election Code, title or degree, or nickname suggesting or
16implying possession of a title, degree or professional status,
17or similar information may be used in connection with the
18candidate's surname.
19    All petitions for the nomination of members of the board
20shall be filed with the board of election commissioners of the
21jurisdiction in which the principal office of the community
22college district is located within the time provided for by the
23general election law. The board of election commissioners shall
24receive and file only those petitions that include a statement
25of candidacy, the required number of voter signatures, the
26notarized signature of the petition circulator, and a receipt



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1from the County Clerk showing that the candidate has filed a
2statement of economic interest on or before the last day to
3file as required by the Illinois Governmental Ethics Act. The
4board of election commissioners may have petition forms
5available for issuance to potential candidates and may give
6notice of the petition filing period by publication in a
7newspaper of general circulation within the community college
8district not less than 10 days prior to the first day of
9filing. The board of election commissioners shall make
10certification to the proper election authorities in accordance
11with the general election law.
12    The board of election commissioners of the jurisdiction in
13which the principal office of the community college district is
14located shall notify the candidates for whom a petition for
15nomination is filed or the appropriate committee of the
16obligations under the Campaign Financing Act as provided in the
17general election law. Such notice shall be given on a form
18prescribed by the State Board of Elections and in accordance
19with the requirements of the general election law. The board of
20election commissioners shall within 7 days of filing or on the
21last day for filing, whichever is earlier, acknowledge to the
22petitioner in writing the office's acceptance of the petition.
23    A candidate for membership on the board who has petitioned
24for nomination to fill a full term and to fill a vacant term to
25be voted upon at the same election must withdraw his or her
26petition for nomination from either the full term or the vacant



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1term by written declaration.
2    Nomination petitions are not valid unless the candidate
3named therein files with the board of election commissioners a
4receipt from the county clerk showing that the candidate has
5filed a statement of economic interests as required by the
6Illinois Governmental Ethics Act. Such receipt shall be so
7filed either previously during the calendar year in which his
8or her nomination papers were filed or within the period for
9the filing of nomination papers in accordance with the general
10election law.
11    (110 ILCS 805/7-2.2 new)
12    Sec. 7-2.2. Ballots. The board of election commissioners of
13the jurisdiction in which the principal office of the community
14college district is located shall conduct a lottery to
15determine the ballot order of candidates for full terms in the
16event of any simultaneous petition filings. Such candidate
17lottery shall be conducted as follows:
18    All petitions filed by persons waiting in line as of 8:00
19a.m. on the first day for filing, or as of the normal opening
20hour of the office involved on such day, shall be deemed
21simultaneously filed as of 8:00 a.m. or the normal opening
22hour, as the case may be. Petitions filed by mail and received
23after midnight of the first day for filing and in the first
24mail delivery or pickup of that day shall be deemed
25simultaneously filed as of 8:00 a.m. of that day or as of the



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1normal opening hour of such day, as the case may be. All
2petitions received thereafter shall be deemed filed in the
3order of actual receipt. However, 2 or more petitions filed
4within the last hour of the filing deadline shall be deemed
5filed simultaneously.
6    Where 2 or more petitions are received simultaneously for
7the same office as of 8:00 a.m. on the first day for petition
8filing or as of the normal opening hour of the office of the
9board of election commissioners with whom such petitions are
10filed, the board of election commissioners shall break ties and
11determine the order of filing by means of a lottery or other
12fair and impartial method of random selection. Such lottery
13shall be conducted within 9 days following the last day for
14petition filing and shall be open to the public. Seven days
15written notice of the time and place of conducting such random
16selection shall be given by the board of election commissioners
17to all candidates who filed their petitions simultaneously and
18to each organization of citizens within the election
19jurisdiction that was entitled, under the general election law,
20at the next preceding election, to have poll watchers present
21on the day of election. The board of election commissioners
22shall post in a conspicuous, open, and public place, at the
23entrance of his or her office, notice of the time and place of
24such lottery.
25    All candidates shall be certified in the order in which
26their petitions have been filed and in the manner prescribed by



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1Section 10-15 of the Election Code. Where candidates have filed
2simultaneously, they shall be certified in the order prescribed
3by this Section and prior to candidates who filed for the same
4office at a later time.
5    Where elections are conducted for unexpired terms, a second
6lottery to determine ballot order shall be conducted for
7candidates who simultaneously file petitions for such
8unexpired terms. Such lottery shall be conducted in the same
9manner as prescribed by this Section for full term candidates.
10    Ballots for the election of board members shall be in the
11following form:
13    Ballot position for candidates shall be determined by the
14order of petition filing or lottery held pursuant to this
16    The community college district is divided into 20 trustee
17districts, each of which elects one member to the board and
18votes on one member to serve at-large.)
DISTRICT ....... (1 through 20)
( ) .....................................



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( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
( ) .....................................
DISTRICT ....... (1 through 20)
(Precinct name or number)
Community College District No. ......, ........... County,
Election Tuesday (insert date)
(facsimile signature of Election Authority)

21    (110 ILCS 805/7-2.3 new)
22    Sec. 7-2.3. Creation of trustee districts; reapportionment
23of districts.
24    (a) For purposes of elections conducted pursuant to
25subsection (b) of Section 7-2 of this Act, the City of Chicago



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1shall be subdivided into 20 trustee districts after the
2effective date of this amendatory Act of the 101st General
3Assembly by the General Assembly for seats on the board. The
4trustee districts must be drawn on or before May 31, 2022. Each
5trustee district must be compact, contiguous, and
6substantially equal in population.
7    (b) In the year following each decennial census, the
8General Assembly shall redistrict the trustee districts to
9reflect the results of the decennial census consistent with the
10requirements in subsection (a). The reapportionment plan shall
11be completed and formally approved by the General Assembly not
12less than 90 days before the last date established by law for
13the filing of nominating petitions for the second board
14election after the decennial census year. If by reapportionment
15a board member no longer resides within the trustee district
16from which the member was elected, the member shall continue to
17serve in office until the expiration of the member's regular
18term. All new members shall be elected from the trustee
19districts as reapportioned.
20    (110 ILCS 805/7-3)  (from Ch. 122, par. 107-3)
21    Sec. 7-3. The organization of the board and election of
22officers for the a board appointed under Section 7-2 shall be
23conducted in accordance with the general election law and this
25(Source: P.A. 81-1489.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".