093_HB2535

 
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 1        AN ACT concerning the State Board of Education.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Election  Code  is amended by changing
 5    Sections 2A-1.2,  10-9,  22-1,  22-7,  and  22-8  and  adding
 6    Section 2A-56 as follows:

 7        (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
 8        Sec.   2A-1.2.  Consolidated   Schedule  of  Elections  -
 9    Offices Designated.
10        (a)  At  the  general   election   in   the   appropriate
11    even-numbered years, the following offices shall be filled or
12    shall be on the ballot as otherwise required by this Code:
13             (1)  Elector  of President and Vice President of the
14        United States;
15             (2)  United  States  Senator   and   United   States
16        Representative;
17             (3)  State Executive Branch elected officers;
18             (4)  State Senator and State Representative;
19             (5)  County   elected  officers,  including  State's
20        Attorney, County Board member, County Commissioners,  and
21        elected  President  of  the  County Board or County Chief
22        Executive;
23             (6)  Circuit Court Clerk;
24             (7)  Regional Superintendent of Schools,  except  in
25        counties  or  educational  service  regions in which that
26        office has been abolished;
27             (8)  Judges of the Supreme,  Appellate  and  Circuit
28        Courts,  on  the question of retention, to fill vacancies
29        and newly created judicial offices;
30             (9)  (Blank);
31             (10)  Trustee of the Metropolitan Sanitary  District
 
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 1        of   Chicago,  and  elected  Trustee  of  other  Sanitary
 2        Districts;
 3             (11)  Special   District   elected   officers,   not
 4        otherwise designated in this Section, where  the  statute
 5        creating  or  authorizing  the  creation  of the district
 6        requires an  annual  election  and  permits  or  requires
 7        election of candidates of political parties;.
 8             (12)  Members of the State Board of Education.
 9        (b)  At the general primary election:
10             (1)  in   each   even-numbered  year  candidates  of
11        political parties shall be nominated for those offices to
12        be filled at the general election in  that  year,  except
13        where   pursuant  to  law  nomination  of  candidates  of
14        political parties is made by caucus.
15             (2)  in  the  appropriate  even-numbered  years  the
16        political party offices of  State  central  committeeman,
17        township  committeeman,  ward  committeeman, and precinct
18        committeeman shall be filled and delegates and  alternate
19        delegates to the National nominating conventions shall be
20        elected as may be required pursuant to this Code.  In the
21        even-numbered  years  in which a Presidential election is
22        to be held, candidates  in  the  Presidential  preference
23        primary shall also be on the ballot.
24             (3)  in   each   even-numbered   year,   where   the
25        municipality  has  provided for annual elections to elect
26        municipal officers pursuant to Section 6(f) or Section  7
27        of  Article  VII  of  the  Constitution,  pursuant to the
28        Illinois Municipal Code  or  pursuant  to  the  municipal
29        charter,  the offices of such municipal officers shall be
30        filled at an election held on the  date  of  the  general
31        primary  election,  provided  that the municipal election
32        shall be a nonpartisan election  where  required  by  the
33        Illinois   Municipal   Code.    For   partisan  municipal
34        elections in even-numbered years, a primary  to  nominate
 
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 1        candidates  for  municipal  office  to  be elected at the
 2        general primary election shall be held on the  Tuesday  6
 3        weeks preceding that election.
 4             (4)  in  each  school district which has adopted the
 5        provisions of Article 33 of the School  Code,  successors
 6        to  the  members  of  the  board of education whose terms
 7        expire in the year in which the general primary  is  held
 8        shall be elected.
 9        (c)  At  the  consolidated  election  in  the appropriate
10    odd-numbered years, the following offices shall be filled:
11             (1)  Municipal   officers,    provided    that    in
12        municipalities  in which candidates for alderman or other
13        municipal  office  are  not  permitted  by  law   to   be
14        candidates  of  political  parties,  the  runoff election
15        where required by law, or the nonpartisan election  where
16        required  by  law,  shall  be  held  on  the  date of the
17        consolidated election; and provided further, in the  case
18        of  municipal  officers  provided  for  by  an  ordinance
19        providing  the  form  of  government  of the municipality
20        pursuant to Section 7 of Article VII of the Constitution,
21        such offices shall be filled by  election  or  by  runoff
22        election as may be provided by such ordinance;
23             (2)  Village    and    incorporated   town   library
24        directors;
25             (3)  City boards of stadium commissioners;
26             (4)  Commissioners of park districts;
27             (5)  Trustees of public library districts;
28             (6)  Special   District   elected   officers,    not
29        otherwise  designated  in this section, where the statute
30        creating or authorizing  the  creation  of  the  district
31        permits  or  requires election of candidates of political
32        parties;
33             (7)  Township  officers,  including  township   park
34        commissioners,  township library directors, and boards of
 
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 1        managers  of  community  buildings,  and   Multi-Township
 2        Assessors;
 3             (8)  Highway commissioners and road district clerks;
 4             (9)  Members  of  school  boards in school districts
 5        which adopt Article 33 of the School Code;
 6             (10)  The directors and  chairman  of  the  Chain  O
 7        Lakes - Fox River Waterway Management Agency;
 8             (11)  Forest preserve district commissioners elected
 9        under  Section  3.5  of  the  Downstate  Forest  Preserve
10        District Act;
11             (12)  Elected   members  of  school  boards,  school
12        trustees,  directors  of  boards  of  school   directors,
13        trustees  of  county boards of school trustees (except in
14        counties  or  educational  service   regions   having   a
15        population  of 2,000,000 or more inhabitants) and members
16        of boards of school inspectors, except school  boards  in
17        school  districts  that  adopt  Article  33 of the School
18        Code;
19             (13)  Members of Community College district boards;
20             (14)  Trustees of Fire Protection Districts;
21             (15)  Commissioners of the Springfield  Metropolitan
22        Exposition and Auditorium Authority;
23             (16)  Elected  Trustees  of  Tuberculosis Sanitarium
24        Districts;
25             (17)  Elected  Officers  of  special  districts  not
26        otherwise designated in this Section for  which  the  law
27        governing  those  districts does not permit candidates of
28        political parties.
29        (d)  At  the  consolidated  primary  election   in   each
30    odd-numbered  year,  candidates of political parties shall be
31    nominated for those offices to be filled at the  consolidated
32    election   in   that  year,  except  where  pursuant  to  law
33    nomination of candidates of  political  parties  is  made  by
34    caucus,  and  except  those offices listed in paragraphs (12)
 
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 1    through (17) of subsection (c).
 2        At the consolidated primary election in  the  appropriate
 3    odd-numbered years, the mayor, clerk, treasurer, and aldermen
 4    shall  be  elected  in municipalities in which candidates for
 5    mayor, clerk, treasurer, or alderman are not permitted by law
 6    to be candidates of  political  parties,  subject  to  runoff
 7    elections  to  be held at the consolidated election as may be
 8    required by law, and municipal officers shall be nominated in
 9    a nonpartisan election in municipalities in which pursuant to
10    law candidates for  such  office  are  not  permitted  to  be
11    candidates of political parties.
12        At  the  consolidated primary election in the appropriate
13    odd-numbered years, municipal officers shall be nominated  or
14    elected,  or  elected subject to a runoff, as may be provided
15    by an  ordinance  providing  a  form  of  government  of  the
16    municipality  pursuant  to  Section  7  of Article VII of the
17    Constitution.
18        (e)  (Blank).
19        (f)  At  any  election  established  in  Section  2A-1.1,
20    public questions may be submitted to voters pursuant to  this
21    Code   and   any   special  election  otherwise  required  or
22    authorized by law or by court order may be conducted pursuant
23    to this Code.
24        Notwithstanding  the  regular  dates  for   election   of
25    officers  established  in this Article, whenever a referendum
26    is held for the  establishment  of  a  political  subdivision
27    whose  officers are to be elected, the initial officers shall
28    be elected at the election at which such referendum  is  held
29    if otherwise so provided by law.  In such cases, the election
30    of the initial officers shall be subject to the referendum.
31        Notwithstanding   the   regular  dates  for  election  of
32    officials established in this Article, any community  college
33    district which becomes effective by operation of law pursuant
34    to  Section 6-6.1 of the Public Community College Act, as now
 
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 1    or hereafter amended, shall elect the initial district  board
 2    members  at  the  next regularly scheduled election following
 3    the effective date of the new district.
 4        (g)  At any election established in Section 2A-1.1, if in
 5    any  precinct  there  are  no  offices  or  public  questions
 6    required to be on the ballot under this Code then no election
 7    shall be held in the precinct on that date.
 8        (h)  There may be conducted a  referendum  in  accordance
 9    with the provisions of Division 6-4 of the Counties Code.
10    (Source: P.A.  89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
11    eff. 8-9-96; 90-358, eff. 1-1-98.)

12        (10 ILCS 5/2A-56 new)
13        Sec. 2A-56.  State Board of Education; time of  election.
14    Members  of  the State Board of Education shall be elected at
15    the general election in 2004  and  at  the  general  election
16    every 6 years thereafter.

17        (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
18        Sec. 10-9.  The following electoral boards are designated
19    for  the  purpose  of hearing and passing upon the objector's
20    petition described in Section 10-8.
21        1.  The State Board of Elections will hear and pass  upon
22    objections   to  the  nominations  of  candidates  for  State
23    offices, nominations of candidates for members of  the  State
24    Board   of   Education,   nominations   of   candidates   for
25    congressional,  legislative and judicial offices of districts
26    or circuits situated in more than one county, nominations  of
27    candidates  for  the  offices of State's attorney or regional
28    superintendent of schools to be elected from  more  than  one
29    county,   and   petitions  for  proposed  amendments  to  the
30    Constitution of the State of  Illinois  as  provided  for  in
31    Section 3 of Article XIV of the Constitution.
32        2.  The  county officers electoral board to hear and pass
 
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 1    upon objections to the nominations of candidates  for  county
 2    offices,  for congressional, legislative and judicial offices
 3    of a district or circuit coterminous  with  or  less  than  a
 4    county,  for  school trustees to be voted for by the electors
 5    of the county or by the electors of a township of the county,
 6    for the office of multi-township  assessor  where  candidates
 7    for  such  office are nominated in accordance with this Code,
 8    and for all special district offices, shall  be  composed  of
 9    the  county  clerk,  or an assistant designated by the county
10    clerk, the State's attorney of the  county  or  an  Assistant
11    State's  Attorney designated by the State's Attorney, and the
12    clerk of the circuit court, or an assistant designated by the
13    clerk of the circuit court, of the county, of whom the county
14    clerk or his designee  shall be the chairman, except that  in
15    any  county  which has established a county board of election
16    commissioners that board shall constitute the county officers
17    electoral board ex-officio.
18        3.  The municipal officers electoral board  to  hear  and
19    pass  upon  objections  to  the nominations of candidates for
20    officers of municipalities shall be composed of the mayor  or
21    president  of  the  board of trustees of the city, village or
22    incorporated town, and the city, village or incorporated town
23    clerk, and one  member  of  the  city  council  or  board  of
24    trustees,  that  member  being  designated who is eligible to
25    serve on the electoral board  and  has  served  the  greatest
26    number  of  years as a member of the city council or board of
27    trustees, of whom the mayor or  president  of  the  board  of
28    trustees shall be the chairman.
29        4.  The  township  officers  electoral board to pass upon
30    objections to the nominations of township officers  shall  be
31    composed of the township supervisor, the town clerk, and that
32    eligible town trustee elected in the township who has had the
33    longest  term  of continuous service as town trustee, of whom
34    the township supervisor shall be the chairman.
 
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 1        5.  The education officers electoral board  to  hear  and
 2    pass  upon  objections  to  the nominations of candidates for
 3    offices in school or community  college  districts  shall  be
 4    composed  of the presiding officer of the school or community
 5    college district  board,  who  shall  be  the  chairman,  the
 6    secretary  of  the school or community college district board
 7    and the eligible elected school or  community  college  board
 8    member  who  has  the longest term of continuous service as a
 9    board member.
10        6.  In all cases, however,  where  the  Congressional  or
11    Legislative  district  is wholly within the jurisdiction of a
12    board of election commissioners and in all  cases  where  the
13    school  district  or  special  district  is wholly within the
14    jurisdiction of a municipal board of  election  commissioners
15    and in all cases where the municipality or township is wholly
16    or  partially within the jurisdiction of a municipal board of
17    election commissioners, the board of  election  commissioners
18    shall ex-officio constitute the electoral board.
19        For  special  districts situated in more than one county,
20    the county officers electoral board of the  county  in  which
21    the   principal   office  of  the  district  is  located  has
22    jurisdiction to hear and pass upon objections.  For  purposes
23    of  this  Section,  "special  districts"  means all political
24    subdivisions other than counties,  municipalities,  townships
25    and school and community college districts.
26        In  the event that any member of the appropriate board is
27    a candidate  for  the  office  with  relation  to  which  the
28    objector's  petition  is  filed,  he shall not be eligible to
29    serve on that board and shall not act  as  a  member  of  the
30    board and his place shall be filled as follows:
31             a.  In  the  county  officers electoral board by the
32        county treasurer, and if  he  or  she  is  ineligible  to
33        serve, by the sheriff of the county.
34             b.  In the municipal officers electoral board by the
 
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 1        eligible elected city council or board of trustees member
 2        who  has  served the second greatest number of years as a
 3        city council or board of trustees member.
 4             c.  In the township officers electoral board by  the
 5        eligible  elected  town  trustee  who  has had the second
 6        longest term of continuous service as a town trustee.
 7             d.  In the education officers electoral board by the
 8        eligible elected school  or  community  college  district
 9        board  member  who  has  had  the  second longest term of
10        continuous service as a board member.
11        In the event that the chairman of the electoral board  is
12    ineligible  to act because of the fact that he is a candidate
13    for the office with relation to which the objector's petition
14    is filed, then the substitute chosen under the provisions  of
15    this Section shall be the chairman; In this case, the officer
16    or  board  with  whom the objector's petition is filed, shall
17    transmit the certificate of nomination or  nomination  papers
18    as  the  case  may  be,  and  the  objector's petition to the
19    substitute chairman of the electoral board.
20        When 2 or more eligible individuals, by reason  of  their
21    terms  of  service  on  a  city council or board of trustees,
22    township board of trustees, or school  or  community  college
23    district  board,  qualify to serve on an electoral board, the
24    one to serve shall be chosen by lot.
25        Any vacancies on an electoral board not otherwise  filled
26    pursuant  to  this  Section shall be filled by public members
27    appointed by the Chief Judge of the  Circuit  Court  for  the
28    county wherein the electoral board hearing is being held upon
29    notification  to the Chief Judge of such vacancies. The Chief
30    Judge shall be so notified by a member of the electoral board
31    or the officer or board with whom the objector's petition was
32    filed.  In the event that none of the individuals  designated
33    by this Section to serve on the electoral board are eligible,
34    the chairman of an electoral board shall be designated by the
 
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 1    Chief Judge.
 2    (Source: P.A. 87-570.)

 3        (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
 4        Sec.  22-1.  Abstracts of votes.  Within 7 days after the
 5    close  of  the  election  at  which  candidates  for  offices
 6    hereinafter named in this Section are voted upon, the  county
 7    clerks of the respective counties, with the assistance of the
 8    chairmen  of  the county central committees of the Republican
 9    and Democratic parties of the county, shall open the  returns
10    and  make abstracts of the votes on a separate sheet for each
11    of the following:
12        A.  For Governor and Lieutenant Governor;
13        B.  For State officers;
14        C.  For presidential electors;
15        D.  For United States  Senators  and  Representatives  to
16    Congress;
17        E.  For judges of the Supreme Court;
18        F.  For judges of the Appellate Court;
19        G.  For judges of the circuit court;
20        H.  For  Senators  and  Representatives  to  the  General
21    Assembly;
22        I.  For   State's   Attorneys  elected  from  2  or  more
23    counties;
24        J.  For amendments to the  Constitution,  and  for  other
25    propositions submitted to the electors of the entire State;
26        K.  For county officers and for propositions submitted to
27    the electors of the county only;
28        L.  For Regional Superintendent of Schools;
29        M.  For trustees of Sanitary Districts; and
30        N.  For  Trustee  of a Regional Board of School Trustees;
31    and.
32        O.  For members of the State Board of Education.
33        Multiple  originals  of  each  of  the  sheets  shall  be
 
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 1    prepared and one of each shall be turned over to the chairman
 2    of the county central committee of each of the then  existing
 3    established political parties, as defined in Section 10-2, or
 4    his  duly  authorized  representative  immediately  after the
 5    completion of the entries on the sheets and before the totals
 6    have been compiled.
 7        The foregoing abstracts shall be preserved by the  county
 8    clerk in his office.
 9        Whenever  any  county  chairman  is  also county clerk or
10    whenever any county chairman is unable to serve as  a  member
11    of  such  canvassing  board the vice-chairman or secretary of
12    his county central committee, in that order, shall  serve  in
13    his  place as member of such canvassing board; provided, that
14    if none of  these  persons  is  able  to  serve,  the  county
15    chairman may appoint a member of his county central committee
16    to serve as a member of such canvassing board.
17        The  powers and duties of the county canvassing board are
18    limited to those specified in this Section. In no event shall
19    such canvassing board open any package in which  the  ballots
20    have  been  wrapped or any envelope containing "defective" or
21    "objected to" ballots, or in any manner undertake to  examine
22    the  ballots  used  in  the  election,  except as provided in
23    Section 22-9.1 or when directed by a  court  in  an  election
24    contest. Nor shall such canvassing board call in the precinct
25    judges  of  election  or any other persons to open or recount
26    the ballots.
27    (Source: P.A. 89-5, eff. 1-1-96.)

28        (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
29        Sec. 22-7. Canvass of votes; declaration and proclamation
30    of result. The State Board of Elections, shall proceed within
31    20 days after the election, and sooner if all the returns are
32    received, to  canvass  the  votes  given  for  United  States
33    Senators  and  Representatives  to  Congress, State executive
 
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 1    officers, members of the State Board of Education, judges  of
 2    the  Supreme  Court, judges of the Appellate Court, judges of
 3    the Circuit Court, Senators, Representatives to  the  General
 4    Assembly,  State's  Attorneys and Regional Superintendents of
 5    Schools elected from 2 or more  counties,  respectively,  and
 6    the  persons  having  the  highest  number  of  votes for the
 7    respective offices shall be declared duly elected, but if  it
 8    appears  that  more  than the number of persons to be elected
 9    have the highest and an equal number of votes  for  the  same
10    office, the electoral board shall decide by lot which of such
11    persons  shall  be  elected; and to each person duly elected,
12    the  Governor  shall  give  a  certificate  of  election   or
13    commission,   as  the  case  may  require,  and  shall  cause
14    proclamation to be made of the result  of  the  canvass,  and
15    they  shall  at the same time and in the same manner, canvass
16    the vote cast upon amendments to the Constitution,  and  upon
17    other  propositions  submitted  to the electors of the entire
18    State;  and  the  Governor  shall  cause  to  be  made   such
19    proclamation  of  the  result  of the canvass as the statutes
20    elsewhere  provide.  The  State  Board  of  Elections   shall
21    transmit  to  the  State  Comptroller  a  list of the persons
22    elected to the various offices. The State Board of  Elections
23    shall also transmit to the Supreme Court the names of persons
24    elected to judgeships in adversary elections and the names of
25    judges who fail to win retention in office.
26    (Source: P.A. 89-5, eff. 1-1-96.)

27        (10 ILCS 5/22-8) (from Ch. 46, par. 22-8)
28        Sec. 22-8. In municipalities operating under Article 6 of
29    this  Act,  within 7 days after the close of such election, a
30    judge of the circuit court, with the assistance of  the  city
31    attorney  and  the  board  of election commissioners, who are
32    hereby declared a canvassing board for such city, shall  open
33    all    returns   left   respectively,   with   the   election
 
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 1    commissioners, the county clerk, and  city  comptroller,  and
 2    shall  make  abstracts  or  statements  of  the  votes in the
 3    following manner, as the case may require, viz: All votes for
 4    Governor and Lieutenant Governor on one sheet; all votes  for
 5    other  State officers on another sheet; all votes for members
 6    of the State Board of Education on another sheet;  all  votes
 7    for  presidential  electors  on  another sheet; all votes for
 8    United States Senators and  Representatives  to  Congress  on
 9    another  sheet;  all votes for judges of the Supreme Court on
10    another sheet; all votes for judges of the Appellate Court on
11    another sheet; all votes for Judges of the Circuit  Court  on
12    another  sheet; all votes for Senators and Representatives to
13    the General Assembly on another sheet; all votes for  State's
14    Attorneys  where  elected  from 2 or more counties on another
15    sheet; all votes for County Officers on  another  sheet;  all
16    votes  for City Officers on another sheet; all votes for Town
17    Officers on another sheet; and all votes for any other office
18    on a separate  and  appropriate  sheet;  all  votes  for  any
19    proposition,  which may be submitted to a vote of the people,
20    on another sheet, and  all  votes  against  any  proposition,
21    submitted to a vote of the people, on another sheet.
22        Multiple  originals  of  each  of  the  sheets  shall  be
23    prepared and one of each shall be turned over to the chairman
24    of  the county central committee of each of the then existing
25    established political parties, as defined in Section 10-2, or
26    his duly  authorized  representative  immediately  after  the
27    completion of the entries on the sheets and before the totals
28    have been compiled.
29    (Source: P.A. 77-2626.)

30        Section  10.   The  School  Code  is  amended by changing
31    Sections 1A-1, 1A-2, 1A-2.1, and 1A-4 as follows:

32        (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
 
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 1        Sec. 1A-1.  Members and terms.
 2        (a)  The term of  each  member  of  the  State  Board  of
 3    Education  who  is in office on January 1, 2005 the effective
 4    date of this  amendatory  Act  of  1996  shall  terminate  on
 5    January  1,  1997 or when all of the new members initially to
 6    be elected  appointed under this amendatory Act of  the  93rd
 7    General Assembly have taken office  1996 are appointed by the
 8    Governor  as  provided  in  subsection  (b),  whichever  last
 9    occurs.
10        (b)  Beginning  on January 1, 1997 or when all of the new
11    members initially to be appointed under this  subsection  are
12    appointed  by  the Governor, whichever last occurs, and until
13    all of the new members initially to  be  elected  under  this
14    amendatory Act of the 93rd General Assembly have taken office
15    thereafter,  the  State Board of Education shall consist of 9
16    members, who shall be appointed  by  the  Governor  with  the
17    advice  and  consent of the Senate from a pattern of regional
18    representation as follows: 2  appointees  shall  be  selected
19    from among those counties of the State other than Cook County
20    and  the  5  counties contiguous to Cook County; 2 appointees
21    shall be selected from Cook County, one of whom  shall  be  a
22    resident  of  the  City of Chicago and one of whom shall be a
23    resident of that part of Cook County which lies  outside  the
24    city  limits  of Chicago; 2 appointees shall be selected from
25    among the 5 counties of the State that are contiguous to Cook
26    County; and 3 members shall be selected as  members-at-large.
27    At  no  time may more than 5 members of the Board be from one
28    political party until all of the new members initially to  be
29    elected  under  this  amendatory  Act  of  the  93rd  General
30    Assembly  have  taken office.  Party membership is defined as
31    having voted in the primary of the party in the last  primary
32    before   appointment.   The  9  members  initially  appointed
33    pursuant to this amendatory Act of 1996 shall  draw  lots  to
34    determine  3 of their number who shall serve until the second
 
                            -15-     LRB093 06571 NHT 06698 b
 1    Wednesday of January, 2003, 3 of their number who shall serve
 2    until the second Wednesday of January, 2001, and 3  of  their
 3    number who shall serve until the second Wednesday of January,
 4    1999.   Upon expiration of the terms of the members initially
 5    appointed under this amendatory Act of 1996, their respective
 6    successors shall serve be appointed for  terms  of  6  years,
 7    from  the  second  Wednesday  in January of each odd numbered
 8    year and until all of the new members initially to be elected
 9    under this amendatory Act of the 93rd General  Assembly  have
10    taken  office  their  respective successors are appointed and
11    qualified.
12        (c)  Beginning on the date when all of  the  new  members
13    initially to be elected under this amendatory Act of the 93rd
14    General  Assembly  have  taken  office,  the  State  Board of
15    Education shall consist of 7 members.  These members shall be
16    elected on a nonpartisan basis at  the  general  election  in
17    2004  and  every  6 years thereafter.  Three members shall be
18    elected from the First Judicial District (one of  whom  shall
19    be  elected  from  the City of Chicago and 2 of whom shall be
20    elected from that part of the First  Judicial  District  that
21    lies outside the city limits of Chicago), one member shall be
22    elected  from  each  of the 4 other judicial districts, and 2
23    members shall be elected as members-at-large.  A petition for
24    nomination  of  a  candidate  for   member   of   the   Board
25    representing  a  judicial  district  or  part  of  a judicial
26    district shall be signed by at least 0.5% of the total number
27    of registered voters in that judicial district or part of the
28    judicial district. A petition for nomination of  a  candidate
29    for Board member-at-large shall be signed by at least 0.5% of
30    the  total  number  of  register  voters  in  the State. Each
31    elected member shall serve for a term of 6  years,  from  the
32    second  Wednesday  of  January  after his or her election and
33    until his or her successor takes office.
34        (d)  Vacancies in terms shall be filled by appointment by
 
                            -16-     LRB093 06571 NHT 06698 b
 1    the Governor with the advice and consent of  the  Senate  for
 2    the  extent of the unexpired term. If a vacancy in membership
 3    occurs at a time when the  Senate  is  not  in  session,  the
 4    Governor  shall  make  a temporary appointment until the next
 5    meeting of the Senate, when  the  Governor  shall  appoint  a
 6    person to fill that membership for the remainder of its term.
 7    If  the Senate is not in session when appointments for a full
 8    term are made under  subsection  (b)  of  this  Section,  the
 9    appointments  shall  be  made  as in the case of vacancies. A
10    person selected to fill a vacancy left by an  elected  member
11    representing  a  judicial  district  or  part  of  a judicial
12    district must be a resident of that judicial district or part
13    of the judicial district.
14    (Source: P.A. 89-610, eff. 8-6-96.)

15        (105 ILCS 5/1A-2) (from Ch. 122, par. 1A-2)
16        Sec. 1A-2.  Qualifications.  In order to be a member  The
17    members  of  the State Board of Education, a person must be a
18    citizen shall  be  citizens  of  the  United  States  and   a
19    resident  residents  of  the  State  of  Illinois.   To be an
20    elected member representing a judicial district or part of  a
21    judicial  district,  a person must also be a resident of that
22    judicial  district  or  part  of   the   judicial   district.
23    Appointed  members  and  shall  be  selected as far as may be
24    practicable on the basis of their knowledge of,  or  interest
25    and  experience  in, problems of public education.  No member
26    of the State Board of Education shall be  gainfully  employed
27    or  administratively  connected  with  any school system, nor
28    have any interest in or benefit from funds  provided  by  the
29    State   Board  of  Education  to  an  institution  of  higher
30    learning, public or private, within Illinois, nor shall  they
31    be  a  member  members  of  a school board or board of school
32    trustees of a public or nonpublic school, college, university
33    or technical institution within Illinois.  No member shall be
 
                            -17-     LRB093 06571 NHT 06698 b
 1    appointed or elected to more than 2 6-year  six  year  terms.
 2    Members  shall  be  reimbursed for all ordinary and necessary
 3    expenses incurred in performing their duties  as  members  of
 4    the  Board.   Expenses  shall be approved by the Board and be
 5    consistent with the laws, policies, and requirements  of  the
 6    State  of  Illinois  regarding  such  expenditures,  plus any
 7    member may include in his claim for expenses $50 per day  for
 8    meeting days.
 9    (Source: P.A. 90-548, eff. 1-1-98.)

10        (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
11        Sec.  1A-2.1.   Vacancies.  A vacancy exists on the State
12    Board of Education when one or more of the  following  events
13    occur:
14        1.  a member dies;
15        2.   a  member  files  a  written  resignation  with  the
16    Governor;
17        3.   a  member  is adjudicated to be a person under legal
18    disability under the Probate Act of 1975, as  amended,  or  a
19    person  subject  to  involuntary  admission  under the Mental
20    Health and Developmental Disabilities Code;
21        4.  (blank); a member ceases to  be  a  resident  of  the
22    judicial district from which he or she was appointed;
23        5.  a member is convicted of an infamous crime, or of any
24    offense involving a violation of his or her duties under this
25    Act;
26        6.  a  member fails to maintain the qualifications stated
27    in Section 1A-2 of this Act.
28    (Source: P.A. 83-706.)

29        (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
30        Sec. 1A-4.  Powers and duties of the Board.
31        A.  Except as otherwise provided in  this  subsection  A,
32    upon  the  appointment  of  new  Board members as provided in
 
                            -18-     LRB093 06571 NHT 06698 b
 1    subsection (b) of Section 1A-1 and every 2 years  thereafter,
 2    the  chairperson  of  the  Board  shall  be  selected  by the
 3    Governor, with the advice and consent of the Senate, from the
 4    membership of the Board to serve as chairperson for 2  years.
 5    The chairperson selected in 2003 shall serve until all of the
 6    new members initially to be elected under this amendatory Act
 7    of  the 93rd General Assembly have taken office.  When all of
 8    the new members initially to be elected under this amendatory
 9    Act of the 93rd General Assembly have taken office and  every
10    2  years thereafter, one member of the Board shall be elected
11    by the members of Board to serve as chairperson for 2 years.
12        B.  The Board shall determine the qualifications  of  and
13    appoint  a  chief  education officer to be known as the State
14    Superintendent of Education who shall serve at  the  pleasure
15    of  the  Board  and  pursuant to a performance-based contract
16    linked  to  statewide  student   performance   and   academic
17    improvement  within  Illinois  schools.  No performance-based
18    contract   issued   for   the   employment   of   the   State
19    Superintendent of Education shall be for a term longer than 3
20    years and no contract shall be extended or renewed  prior  to
21    its   scheduled   expiration   unless   the  performance  and
22    improvement goals contained in the contract  have  been  met.
23    The  State  Superintendent  of Education shall not serve as a
24    member of the State Board of Education.  The Board shall  set
25    the compensation of the State Superintendent of Education who
26    shall serve as the Board's chief executive officer. The Board
27    shall  also establish the duties, powers and responsibilities
28    of the State Superintendent, which shall be included  in  the
29    State  Superintendent's performance-based contract along with
30    the goals and indicators of student performance and  academic
31    improvement used to measure the performance and effectiveness
32    of the State Superintendent. The State Board of Education may
33    delegate   to  the  State  Superintendent  of  Education  the
34    authority  to  act  on  the  Board's  behalf,  provided  such
 
                            -19-     LRB093 06571 NHT 06698 b
 1    delegation is made pursuant to adopted board  policy  or  the
 2    powers  delegated are ministerial in nature.  The State Board
 3    may not delegate authority under this Section  to  the  State
 4    Superintendent  to  (1)  nonrecognize  school  districts, (2)
 5    withhold State payments as  a  penalty,  or  (3)  make  final
 6    decisions under the contested case provisions of the Illinois
 7    Administrative  Procedure  Act  unless  otherwise provided by
 8    law.
 9        C.  The powers and duties of the State Board of Education
10    shall  encompass  all  duties  delegated  to  the  Office  of
11    Superintendent of Public Instruction  on  January  12,  1975,
12    except  as  the  law  providing for such powers and duties is
13    thereafter amended, and such other powers and duties  as  the
14    General   Assembly  shall  designate.   The  Board  shall  be
15    responsible for the educational policies and  guidelines  for
16    public  schools,  pre-school  through grade 12 and Vocational
17    Education in the State of Illinois.  The Board shall  analyze
18    the  present  and  future  aims,  needs,  and requirements of
19    education in the State  of  Illinois  and  recommend  to  the
20    General  Assembly the powers which should be exercised by the
21    Board.   The  Board  shall  recommend  the  passage  and  the
22    legislation   necessary   to   determine   the    appropriate
23    relationship  between the Board and local boards of education
24    and the various State agencies and shall recommend  desirable
25    modifications in the laws which affect schools.
26        D.  Two  members  of  the Board shall be appointed by the
27    chairperson to serve on a standing joint Education Committee,
28    2  others  shall  be  appointed  from  the  Board  of  Higher
29    Education, 2 others shall be appointed by the chairperson  of
30    the  Illinois  Community College Board, and 2 others shall be
31    appointed by the chairperson of the Human Resource Investment
32    Council.  The  Committee  shall  be  responsible  for  making
33    recommendations  concerning  the  submission of any workforce
34    development plan or workforce training  program  required  by
 
                            -20-     LRB093 06571 NHT 06698 b
 1    federal   law  or  under  any  block  grant  authority.   The
 2    Committee  will  be  responsible  for  developing  policy  on
 3    matters of mutual concern to elementary, secondary and higher
 4    education such as Occupational and Career Education,  Teacher
 5    Preparation    and    Certification,   Educational   Finance,
 6    Articulation  between  Elementary,   Secondary   and   Higher
 7    Education  and  Research  and  Planning.  The joint Education
 8    Committee shall  meet at least quarterly and submit an annual
 9    report of its findings, conclusions, and  recommendations  to
10    the  State Board of Education, the Board of Higher Education,
11    the Illinois Community  College  Board,  the  Human  Resource
12    Investment  Council,  the Governor, and the General Assembly.
13    All meetings of this Committee shall be official meetings for
14    reimbursement under this Act.
15        E.  A majority Five members of the Board shall constitute
16    a  quorum.    A  majority  vote  of  the  members  appointed,
17    confirmed and serving on the  Board,  excluding  members  who
18    have  been appointed but have not been confirmed, is required
19    to approve any action.
20        The  Board  shall  prepare  and  submit  to  the  General
21    Assembly and the Governor on or before January 14,  1976  and
22    annually  thereafter  a report or reports of its findings and
23    recommendations. Such annual report shall contain a  separate
24    section  which provides a critique and analysis of the status
25    of education in Illinois and which  identifies  its  specific
26    problems  and  recommends  express  solutions therefor.  Such
27    annual report also shall contain  the  following  information
28    for  the  preceding  year  ending  on  June  30:  each act or
29    omission of a school district of which  the  State  Board  of
30    Education  has  knowledge  as  a  consequence  of  scheduled,
31    approved  visits  and  which  constituted  a  failure  by the
32    district to comply with applicable State or federal  laws  or
33    regulations  relating  to  public education, the name of such
34    district, the date or dates  on  which  the  State  Board  of
 
                            -21-     LRB093 06571 NHT 06698 b
 1    Education  notified  the  school  district  of  such  act  or
 2    omission,  and  what action, if any, the school district took
 3    with respect thereto after  being  notified  thereof  by  the
 4    State  Board  of Education. The report shall also include the
 5    statewide high school dropout rate by grade  level,  sex  and
 6    race and the annual student dropout rate of and the number of
 7    students  who graduate from, transfer from or otherwise leave
 8    bilingual  programs.   The  Auditor  General  shall  annually
 9    perform a compliance audit of the State Board of  Education's
10    performance  of the reporting duty imposed by this amendatory
11    Act of 1986. A regular system  of  communication  with  other
12    directly related State agencies shall be implemented.
13        The  requirement  for  reporting  to the General Assembly
14    shall be satisfied by filing copies of the  report  with  the
15    Speaker,  the  Minority  Leader and the Clerk of the House of
16    Representatives and the President, the  Minority  Leader  and
17    the  Secretary  of the Senate and the Legislative Council, as
18    required by Section 3.1 of the General Assembly  Organization
19    Act,  and  filing  such  additional  copies  with  the  State
20    Government   Report   Distribution  Center  for  the  General
21    Assembly as is required under paragraph (t) of Section  7  of
22    the State Library Act.
23    (Source:  P.A.  89-430,  eff.  12-15-95; 89-610, eff. 8-6-96;
24    89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.