Bill Text: IL HB0256 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Public Community College Act. Provides for the election (rather than appointment) of the board of trustees of the City Colleges of Chicago beginning with the 2023 consolidated election. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Makes related changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2021-02-23 - Assigned to Ethics & Elections Committee [HB0256 Detail]

Download: Illinois-2021-HB0256-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0256

Introduced , by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:
110 ILCS 805/7-1 from Ch. 122, par. 107-1
110 ILCS 805/7-2 from Ch. 122, par. 107-2
110 ILCS 805/7-2.1 new
110 ILCS 805/7-2.2 new
110 ILCS 805/7-2.3 new
110 ILCS 805/7-3 from Ch. 122, par. 107-3

Amends the Public Community College Act. Provides for the election (rather than appointment) of the board of trustees of the City Colleges of Chicago beginning with the 2023 consolidated election. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Makes related changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning higher 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 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
13as otherwise provided in this Article, such a community
14college district and its board have all the rights, duties,
15powers and responsibilities and are subject to the same
16limitations as are provided for other community college
17districts in this Act, as now or hereafter amended.
18(Source: P.A. 78-669.)
19 (110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
20 Sec. 7-2. (a) This subsection (a) applies until May 9,
212023. The board shall consist of 7 members, appointed by the
22mayor with the approval of the city council. Prior to the

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1expiration of the term of any member his successor shall be
2appointed in like manner and shall hold office for a term of 3
3years from July 1 of the year in which he is appointed and
4until his successor is appointed and qualified. Any vacancy in
5the membership of the board shall be filled through
6appointment by the mayor, with the approval of the city
7council, for the unexpired term. If any appointee fails to
8qualify within 30 days after his appointment, the office shall
9be filled by a new appointment for the unexpired term. To be
10eligible for appointment to a board under this Section, a
11person must possess the same qualifications and meet the same
12requirements as are prescribed by this Act for members of an
13elected board of a community college district.
14 (b) Notwithstanding the provisions of Section 3-7 of this
15Act, the terms of all members of the board appointed under
16subsection (a) are abolished when the new board, consisting of
1721 members, is elected by the electors of the community
18college district as provided in this subsection (b) and takes
19office.
20 Beginning with the 2023 consolidated election, each member
21shall be elected for a term of 4 years and until the member's
22successor is elected and has qualified. After the 2023
23consolidated election, each member shall be elected for a term
24of 4 years, commencing on the second Tuesday in May of the year
25in which the member is elected, and until the member's
26successor is elected and has qualified. For purposes of

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

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1cumulative value of $25,000 or more to the person, the entity,
2or the entity's parent or subsidiary.
3 (d) Whenever a vacancy occurs, the remaining members shall
4fill the vacancy, and the person so appointed shall serve
5until a successor is elected at the next regular election for
6board members and is certified in accordance with Sections
722-17 and 22-18 of the Election Code. If the remaining members
8fail to fill the vacancy within 60 days after the vacancy
9occurs, the chairman of the State Board shall fill that
10vacancy, and the person so appointed shall serve until a
11successor 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. The person appointed to fill a
14vacancy shall have the same residential qualifications as his
15or her predecessor in office was required to have. However, in
16either instance, if the vacancy occurs with more than 28
17months remaining until the term expires, the appointed member
18shall serve only until a successor is elected and qualified at
19the next scheduled election.
20(Source: P.A. 78-669.)
21 (110 ILCS 805/7-2.1 new)
22 Sec. 7-2.1. Nomination petitions. Notwithstanding Section
233-7.10 of this Act, in addition to the requirements of the
24general election law, the form of petitions under this Section
25shall be substantially as follows:

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1
NOMINATING PETITIONS
2
(LEAVE OUT THE INAPPLICABLE PART.)
3 To the Board of Election Commissioners for the City of
4Chicago:
5 We the undersigned, being (.... or more) of the voters
6residing within said district, hereby petition that .... who
7resides at .... in the City of Chicago shall be a candidate for
8the office of .... of the Board of Trustees of the City
9Colleges of Chicago, Illinois Community College District No.
10508, (full term) (vacancy) to be voted for at the election to
11be held on (insert date).
12 Name: .................. Address: ...................
13 In the designation of the name of a candidate on a petition
14for nomination, the candidate's given name or names, initial
15or initials, a nickname by which the candidate is commonly
16known, or a combination thereof may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the petition, then (i) the candidate's
21name on the petition must be followed by "formerly known as
22(list all prior names during the 3-year period) until name
23changed on (list date of each such name change)" and (ii) the
24petition must be accompanied by the candidate's affidavit
25stating the candidate's previous names during the period
26specified in clause (i) and the date or dates each of those

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1names was changed; failure to meet these requirements shall be
2grounds for denying certification of the candidate's name for
3the ballot, but these requirements do not apply to name
4changes resulting from adoption to assume an adoptive parent's
5or parents' surname, marriage to assume a spouse's surname, or
6dissolution of marriage or declaration of invalidity of
7marriage to assume a former surname. No other designation,
8such as a political slogan, as defined by Section 7-17 of the
9Election Code, title or degree, or nickname suggesting or
10implying possession of a title, degree or professional status,
11or similar information may be used in connection with the
12candidate's surname.
13 All petitions for the nomination of members of the board
14shall be filed with the board of election commissioners of the
15jurisdiction in which the principal office of the community
16college district is located within the time provided for by
17the general election law. The board of election commissioners
18shall receive and file only those petitions that include a
19statement of candidacy, the required number of voter
20signatures, the notarized signature of the petition
21circulator, and a receipt from the County Clerk showing that
22the candidate has filed a statement of economic interest on or
23before the last day to file as required by the Illinois
24Governmental Ethics Act. The board of election commissioners
25may have petition forms available for issuance to potential
26candidates and may give notice of the petition filing period

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

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1Illinois Governmental Ethics Act. Such receipt shall be so
2filed either previously during the calendar year in which his
3or her nomination papers were filed or within the period for
4the filing of nomination papers in accordance with the general
5election law.
6 (110 ILCS 805/7-2.2 new)
7 Sec. 7-2.2. Ballots. The board of election commissioners
8of the jurisdiction in which the principal office of the
9community college district is located shall conduct a lottery
10to determine the ballot order of candidates for full terms in
11the event of any simultaneous petition filings. Such candidate
12lottery shall be conducted as follows:
13 All petitions filed by persons waiting in line as of 8:00
14a.m. on the first day for filing, or as of the normal opening
15hour of the office involved on such day, shall be deemed
16simultaneously filed as of 8:00 a.m. or the normal opening
17hour, as the case may be. Petitions filed by mail and received
18after midnight of the first day for filing and in the first
19mail delivery or pickup of that day shall be deemed
20simultaneously filed as of 8:00 a.m. of that day or as of the
21normal opening hour of such day, as the case may be. All
22petitions received thereafter shall be deemed filed in the
23order of actual receipt. However, 2 or more petitions filed
24within the last hour of the filing deadline shall be deemed
25filed simultaneously.

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

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1second lottery to determine ballot order shall be conducted
2for candidates who simultaneously file petitions for such
3unexpired terms. Such lottery shall be conducted in the same
4manner as prescribed by this Section for full term candidates.
5 Ballots for the election of board members shall be in the
6following form:
7(BALLOT FORMAT
8 Ballot position for candidates shall be determined by the
9order of petition filing or lottery held pursuant to this
10Section.
11 The community college district is divided into 20 trustee
12districts, each of which elects one member to the board and
13votes on one member to serve at-large.)
14
OFFICIAL BALLOT
15
DISTRICT ....... (1 through 20)
16
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
17
CHICAGO TO SERVE
18
A FULL 4-YEAR TERM
19
VOTE FOR ONE
20
( ) .....................................
21
( ) .....................................
22
( ) .....................................
23
OFFICIAL BALLOT
24
AT LARGE
25
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF

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1
CHICAGO TO SERVE
2
A FULL 4-YEAR TERM
3
VOTE FOR ONE
4
( ) .....................................
5
( ) .....................................
6
( ) .....................................
7
REVERSE SIDE:
8
OFFICIAL BALLOT
9
DISTRICT ....... (1 through 20)
10
(Precinct name or number)
11
Community College District No. ......, ........... County,
12
Illinois
13
Election Tuesday (insert date)
14
(facsimile signature of Election Authority)
15
(County)
16 (110 ILCS 805/7-2.3 new)
17 Sec. 7-2.3. Creation of trustee districts; reapportionment
18of districts.
19 (a) For purposes of elections conducted pursuant to
20subsection (b) of Section 7-2 of this Act, the City of Chicago
21shall be subdivided into 20 trustee districts after the
22effective date of this amendatory Act of the 101st General
23Assembly by the General Assembly for seats on the board. The
24trustee districts must be drawn on or before May 31, 2022. Each
25trustee district must be compact, contiguous, and

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1substantially equal in population.
2 (b) In the year following each decennial census, the
3General Assembly shall redistrict the trustee districts to
4reflect the results of the decennial census consistent with
5the requirements in subsection (a). The reapportionment plan
6shall be completed and formally approved by the General
7Assembly not less than 90 days before the last date
8established by law for the filing of nominating petitions for
9the second board election after the decennial census year. If
10by reapportionment a board member no longer resides within the
11trustee district from which the member was elected, the member
12shall continue to serve in office until the expiration of the
13member's regular term. All new members shall be elected from
14the trustee districts as reapportioned.
15 (110 ILCS 805/7-3) (from Ch. 122, par. 107-3)
16 Sec. 7-3. The organization of the board and election of
17officers for the a board appointed under Section 7-2 shall be
18conducted in accordance with the general election law and this
19Act.
20(Source: P.A. 81-1489.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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