Illinois General Assembly - Full Text of HB4312
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Full Text of HB4312  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Robert F. Martwick


110 ILCS 805/3-7  from Ch. 122, par. 103-7
110 ILCS 805/7-1  from Ch. 122, par. 107-1
110 ILCS 805/7-2  from Ch. 122, par. 107-2
110 ILCS 805/7-3  from Ch. 122, par. 107-3

    Amends the Public Community College Act. Provides for the election (instead of appointment) of members of the Board of Trustees of Community College District No. 508 (City Colleges of Chicago). Effective immediately.

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Community College Act is amended by
5changing Sections 3-7, 7-1, 7-2, and 7-3 as follows:
6    (110 ILCS 805/3-7)  (from Ch. 122, par. 103-7)
7    Sec. 3-7. (a) The election of the members of the board of
8trustees shall be nonpartisan and shall be held at the time and
9in the manner provided in the general election law.
10    (b) Unless otherwise provided in this Act, members shall be
11elected to serve 6 year terms. The term of members elected in
121985 and thereafter shall be from the date the member is
13officially determined to be elected to the board by a canvass
14conducted pursuant to the Election Code, to the date that the
15winner of the seat is officially determined by the canvass
16conducted pursuant to the Election Code the next time the seat
17on the board is to be filled by election.
18    (c) Each member must on the date of his election be a
19citizen of the United States, of the age of 18 years or over,
20and a resident of the State and the territory which on the date
21of the election is included in the community college district
22for at least one year immediately preceding his election. In
23Community College District No. 526, each member elected at the



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1consolidated election in 2005 or thereafter must also be a
2resident of the trustee district he or she represents for at
3least one year immediately preceding his or her election,
4except that in the first consolidated election for each trustee
5district following reapportionment, a candidate for the board
6may be elected from any trustee district that contains a part
7of the trustee district in which he or she resided at the time
8of the reapportionment and may be reelected if a resident of
9the new trustee district he or she represents for one year
10prior to reelection. In the event a person who is a member of a
11common school board is elected or appointed to a board of
12trustees of a community college district, that person shall be
13permitted to serve the remainder of his or her term of office
14as a member of the common school board. Upon the expiration of
15the common school board term, that person shall not be eligible
16for election or appointment to a common school board during the
17term of office with the community college district board of
19    (d) Whenever a vacancy occurs, the remaining members shall
20fill the vacancy, and the person so appointed shall serve until
21a successor is elected at the next regular election for board
22members and is certified in accordance with Sections 22-17 and
2322-18 of the Election Code. If the remaining members fail so to
24act within 60 days after the vacancy occurs, the chairman of
25the State Board shall fill that vacancy, and the person so
26appointed shall serve until a successor is elected at the next



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1regular election for board members and is certified in
2accordance with Sections 22-17 and 22-18 of the Election Code.
3The person appointed to fill the vacancy shall have the same
4residential qualifications as his predecessor in office was
5required to have. In either instance, if the vacancy occurs
6with less than 4 months remaining before the next scheduled
7consolidated election, and the term of office of the board
8member vacating the position is not scheduled to expire at that
9election, then the term of the person so appointed shall extend
10through that election and until the succeeding consolidated
11election. If the term of office of the board member vacating
12the position is scheduled to expire at the upcoming
13consolidated election, the appointed member shall serve only
14until a successor is elected and qualified at that election.
15    (e) Members of the board shall serve without compensation
16but shall be reimbursed for their reasonable expenses incurred
17in connection with their service as members. Compensation, for
18purposes of this Section, means any salary or other benefits
19not expressly authorized by this Act to be provided or paid to,
20for or on behalf of members of the board. The board of each
21community college district may adopt a policy providing for the
22issuance of bank credit cards, for use by any board member who
23requests the same in writing and agrees to use the card only
24for the reasonable expenses which he or she incurs in
25connection with his or her service as a board member. Expenses
26charged to such credit cards shall be accounted for separately



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1and shall be submitted to the chief financial officer of the
2district for review prior to being reported to the board at its
3next regular meeting.
4    (f) Except in an election of the initial board for a new
5community college district created pursuant to Section 6-6.1 of
6this Act or the election on April 4, 2017 of a new board under
7Section 7-2 of this Act, the ballot for the election of members
8of the board for a community college district shall indicate
9the length of term for each office to be filled. In the
10election of a board for any community college district, the
11ballot shall not contain any political party designation.
12(Source: P.A. 97-539, eff. 8-23-11.)
13    (110 ILCS 805/7-1)  (from Ch. 122, par. 107-1)
14    Sec. 7-1. This Article applies only to community college
15districts in cities having a population of 500,000 or more
16inhabitants. Each such community college district shall
17maintain a system of community colleges under the charge of a
18board, which is appointed as provided in Section 7-2. Except as
19otherwise provided in this Article, such a community college
20district and its board have all the rights, duties, powers and
21responsibilities and are subject to the same limitations as are
22provided for other community college districts in this Act, as
23now or hereafter amended.
24(Source: P.A. 78-669.)



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1    (110 ILCS 805/7-2)  (from Ch. 122, par. 107-2)
2    Sec. 7-2. (a) This subsection (a) applies until April 4,
32017. The board shall consist of 7 members, appointed by the
4mayor with the approval of the city council. Prior to the
5expiration of the term of any member his successor shall be
6appointed in like manner and shall hold office for a term of 3
7years from July 1 of the year in which he is appointed and
8until his successor is appointed and qualified. Any vacancy in
9the membership of the board shall be filled through appointment
10by the mayor, with the approval of the city council, for the
11unexpired term. If any appointee fails to qualify within 30
12days after his appointment, the office shall be filled by a new
13appointment for the unexpired term. To be eligible for
14appointment to a board under this Section, a person must
15possess the same qualifications and meet the same requirements
16as are prescribed by this Act for members of an elected board
17of a community college district.
18    (b) On April 4, 2017, the terms of all members of the board
19appointed under subsection (a) of this Section are abolished
20when the new board, consisting of 7 members, is elected at
21large by the electors of the community college district as
22provided in this subsection (b) and takes office.
23    Beginning on April 4, 2017, the community college district
24shall be governed by a board consisting of 7 members. An
25election shall be held at the consolidated election in April of
262017 and every second year thereafter under Article III of this



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1Act. Each member shall be elected for a term of 6 years as
2provided under Section 3-7 of this Act, except that members of
3the board elected to terms commencing on April 4, 2017 shall
4organize on the date their terms commence and on that date
5shall determine by lot 4 to serve for terms of 6 years and 3 to
6serve for terms of 4 years.
7    Any vacancy in the membership of the board shall be filled
8as provided under Section 3-7 of this Act.
9(Source: P.A. 78-669.)
10    (110 ILCS 805/7-3)  (from Ch. 122, par. 107-3)
11    Sec. 7-3. The organization of the board and election of
12officers for the a board appointed under Section 7-2 shall be
13conducted in accordance with the general election law and this
15(Source: P.A. 81-1489.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.