093_SB0368sam002

 










                                     LRB093 10049 NHT 13963 a

 1                    AMENDMENT TO SENATE BILL 368

 2        AMENDMENT NO.     .  Amend Senate Bill 368,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The  School  Code  is  amended  by  changing
 6    Sections 11A-2 and 11A-8 as follows:

 7        (105 ILCS 5/11A-2) (from Ch. 122, par. 11A-2)
 8        Sec.  11A-2.   Organization  of community unit districts;
 9    territorial requirement.   (1)  Any  contiguous  and  compact
10    territory   of   at   least  $12,000,000  equalized  assessed
11    valuation and having a population of not less than 4,000  and
12    not  more  than  500,000, no part of which is included within
13    any unit district, may be organized  into  a  community  unit
14    school   district  as  provided  in  this  Article;  (2)  the
15    territory of 2 or more entire unit school districts that  are
16    contiguous  to each other and the territory of which taken as
17    a whole is compact may be organized  into  a  community  unit
18    school  district  as  provided  in  this  Article; or (3) the
19    territory of one or more entire unit  school  districts  that
20    are  contiguous to each other plus any contiguous and compact
21    territory, no part of  which  is  included  within  any  unit
22    district,  and  the  territory  of  which taken as a whole is
 
                            -2-      LRB093 10049 NHT 13963 a
 1    compact  may  be  organized  into  a  community  unit  school
 2    district as provided in this Article; however, a petition  or
 3    petitions  may  be filed hereunder proposing to divide a unit
 4    school district into 2 or more parts and proposing to include
 5    all of such parts in 2 or more community unit districts.   As
 6    used in this Section, a unit school district includes, but is
 7    not limited to, a special charter unit school district.
 8        The  territory of any high school district and all of the
 9    elementary school districts included within that high  school
10    district  may  be  organized  into  a  community  unit school
11    district. A petition signed by at least  10%  of  the  voters
12    residing  in  the  affected  school districts included in the
13    proposal shall be filed with the regional  superintendent  of
14    schools of the region in which the territory described in the
15    petition  is  situated,  or  the petition may be filed by the
16    school board of the high school district. The petition  shall
17    (i)  request  the  submission of the proposition at a regular
18    scheduled election for the purpose of voting for  or  against
19    the  creation  of  a  community  unit  school  district; (ii)
20    describe the territory comprising the proposed district;  and
21    (iii)  set  forth  the  maximum  tax  rates  for educational,
22    operations and maintenance, pupil  transportation,  and  fire
23    prevention  and  safety  purposes  that the proposed district
24    will be authorized to levy.
25        The regional superintendent shall not accept  for  filing
26    hereunder  any  petition which includes therein any territory
27    already included  as  part  of  the  territory  described  in
28    another  petition  filed  hereunder.   Hearings on a petition
29    filed hereunder shall not be commenced so long as any part of
30    the  territory  described  therein  shall  include  territory
31    described, whether by  amendment  or  otherwise,  in  another
32    petition  filed hereunder.  A petition may be filed hereunder
33    which contains  less  than  the  required  minimum  equalized
34    assessed  valuation  or population requirements provided that
 
                            -3-      LRB093 10049 NHT 13963 a
 1    such a  petition  shall  not  be  approved  by  the  regional
 2    superintendent   and   State   Superintendent  unless  it  is
 3    determined:  (1)  that  there  is  a  compelling  reason  for
 4    granting the petition; (2) that the territory involved cannot
 5    currently  be organized as part of a petition which meets the
 6    minimum requirements; (3) that the granting of  the  petition
 7    will  not  interfere  with the ultimate reorganization of the
 8    territory into a school  district  which  meets  the  minimum
 9    requirements; (4) that the granting of the petition is in the
10    best  educational  interests  of the pupils affected; and (5)
11    that the granting of the petition is  financially  beneficial
12    to the affected school districts.
13    (Source: P.A. 88-555, eff. 7-27-94.)

14        (105 ILCS 5/11A-8) (from Ch. 122, par. 11A-8)
15        Sec. 11A-8.  Passage requirements.
16        (a)  Except  as  otherwise provided by Section 11A-7, the
17    proposition to create a community unit school district  shall
18    be  submitted  only  to  the  voters  of  the territory which
19    comprises the proposed community unit school district, and if
20    a majority of the voters  in  each  of  the  affected  school
21    districts  voting  at  such  election  vote  in  favor of the
22    establishment of such community  unit  school  district,  the
23    proposition shall be deemed to have passed.  Unless the board
24    of  education  of  a  new  community  unit school district is
25    elected  at  the  same  election  at  which  the  proposition
26    establishing that district is  deemed  to  have  passed,  the
27    regional superintendent of schools shall order an election to
28    be held on the next regularly scheduled election date for the
29    purpose  of  electing a board of education for that district.
30    In either event, the board of education  elected  for  a  new
31    community  unit  school  district  created under this Article
32    shall consist of 7 members who shall have the terms  and  the
33    powers  and  duties of school boards as defined in Article 10
 
                            -4-      LRB093 10049 NHT 13963 a
 1    of this Act.  Nomination papers filed under this Section  are
 2    not  valid  unless the candidate named therein files with the
 3    regional superintendent  a  receipt  from  the  county  clerk
 4    showing  that the candidate has filed a statement of economic
 5    interests as required by  the  Illinois  Governmental  Ethics
 6    Act.   Such  statement  shall  be  so filed either previously
 7    during the calendar year in which his nomination papers  were
 8    filed  or  within  the  period  for  the filing of nomination
 9    papers in accordance with  the  general  election  law.   The
10    regional  superintendent  shall  perform  the election duties
11    assigned by law to the secretary of a school board  for  such
12    election,  and  shall  certify  the  officers  and candidates
13    therefor pursuant to the general election law.
14        (b)  Except as otherwise provided in subsection (c),  for
15    school  districts  formed  before  January  1,  1975,  if the
16    territory of such district is greater  than  2  congressional
17    townships  or  72  square  miles,  then not more than 3 board
18    members may be selected from any one congressional  township,
19    but  congressional  townships  of  less  than 100 inhabitants
20    shall not be considered for the  purpose  of  such  mandatory
21    board representation, and in any such community unit district
22    where at least 75% but not more than 90% of the population is
23    in  one  congressional  township  4  board  members  shall be
24    selected therefrom and 3 board members shall be selected from
25    the rest of the district, but  in  any  such  community  unit
26    district  where  more  than  90%  of the population is in one
27    congressional township all board members may be selected from
28    one  or  more  congressional  townships;  and  whenever   the
29    territory of any community unit district shall consist of not
30    more  than  2 congressional townships or 72 square miles, but
31    shall consist of more than one congressional township, or  36
32    square  miles,  outside  of the corporate limits of any city,
33    village or incorporated town within the school district,  not
34    more  than  5  board members shall be selected from any city,
 
                            -5-      LRB093 10049 NHT 13963 a
 1    village or incorporated town in such school district.
 2        (c)  The provisions of subsection (b) for mandatory board
 3    representation shall no longer  apply  to  a  community  unit
 4    school  district  formed  prior  to  January 1, 1975, and the
 5    members of the board of education shall be elected  at  large
 6    from  within  that school district and without restriction by
 7    area  of  residence  within  the  district  if  both  of  the
 8    following conditions are met with respect to that district:
 9             (1)  A proposition for the election of board members
10        at large and without restriction  by  area  of  residence
11        within  the  district  rather than in accordance with the
12        provisions  of  subsection  (b)   for   mandatory   board
13        representation  is  submitted  to  the  school district's
14        voters at a regular school election  or  at  the  general
15        election as provided in this subsection (c).
16             (2)  A  majority  of those voting at the election in
17        each congressional township comprising the  territory  of
18        the school district, including any congressional township
19        of  less  than  100  inhabitants,  vote  in  favor of the
20        proposition.
21        The board of education of  the  school  district  may  by
22    resolution  order  submitted  or,  upon  the  petition of the
23    lesser of 2,500 or 5% of  the  school  district's  registered
24    voters, shall order submitted to the school district's voters
25    at  a  regular school election or at the general election the
26    proposition for the election of board members  at  large  and
27    without  restriction by area of residence within the district
28    rather than in accordance with the provisions  of  subsection
29    (b)  for  mandatory board representation; and the proposition
30    shall thereupon be certified by  the  board's  secretary  for
31    submission.  If a majority of those voting at the election in
32    each  congressional  township comprising the territory of the
33    school district, including any congressional township of less
34    than 100 inhabitants, vote in favor of the proposition:   (i)
 
                            -6-      LRB093 10049 NHT 13963 a
 1    the  proposition  to elect board members at large and without
 2    restriction by area of residence within the district shall be
 3    deemed to have passed, (ii) new members of the board shall be
 4    elected at large and without restriction by area of residence
 5    within the district at the next regular school election,  and
 6    (iii)  the  terms of office of the board members incumbent at
 7    the time the proposition is adopted shall expire when the new
 8    board  members  that  are  elected  at  large   and   without
 9    restriction  by  area  of  residence within the district have
10    organized in accordance with Section 10-16.  In  a  community
11    unit  school district that formerly elected its members under
12    subsection (b) to successive terms not exceeding 4 years, the
13    members elected at large and without restriction by  area  of
14    residence  within the district shall be elected for a term of
15    4 years,  and  in  a  community  unit  school  district  that
16    formerly   elected   its  members  under  subsection  (b)  to
17    successive terms not exceeding 6 years, the  members  elected
18    at  large and without restriction by area of residence within
19    the district  shall  be  elected  for  a  term  of  6  years;
20    provided,  that  in  each case the terms of the board members
21    initially elected at large and without restriction by area of
22    residence within the district as provided in this  subsection
23    shall  be  staggered  and  determined  in accordance with the
24    provisions of Sections 10-10 and 10-16.
25    (Source: P.A. 89-129, eff. 7-14-95.)

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