Bill Text: IL HB0476 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the School Code and the Public Community College Act. With respect to school boards of school districts and boards of trustees of community college districts, provides that a person may not serve as a board member for more than 2 terms of office that begin on or after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0476 Detail]

Download: Illinois-2017-HB0476-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0476

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-3 from Ch. 122, par. 10-3
105 ILCS 5/10-10 from Ch. 122, par. 10-10
105 ILCS 5/33-2 from Ch. 122, par. 33-2
105 ILCS 5/34-4 from Ch. 122, par. 34-4
110 ILCS 805/3-7 from Ch. 122, par. 103-7
110 ILCS 805/7-2 from Ch. 122, par. 107-2

Amends the School Code and the Public Community College Act. With respect to school boards of school districts and boards of trustees of community college districts, provides that a person may not serve as a board member for more than 2 terms of office that begin on or after the effective date of the amendatory Act.
LRB100 05504 NHT 15515 b

A BILL FOR

HB0476LRB100 05504 NHT 15515 b
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 School Code is amended by changing Sections
510-3, 10-10, 33-2, and 34-4 as follows:
6 (105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
7 Sec. 10-3. Eligibility of directors. Any person who, on the
8date of his or her election, is a citizen of the United States,
9of the age of 18 years or over, is a resident of the State and
10of the territory of the district for at least one year
11immediately preceding his or her election, is a registered
12voter as provided in the general election law, is not a school
13trustee or a school treasurer, and is not a child sex offender
14as defined in Section 11-9.3 of the Criminal Code of 2012 shall
15be eligible to the office of school director. However, a person
16may not serve as a school director for more than 2 terms of
17office that begin on or after the effective date of this
18amendatory Act of the 100th General Assembly. A person is
19considered to serve a term of office for the purpose of this
20prohibition if the person is elected or appointed to serve any
21portion of the term.
22(Source: P.A. 97-1150, eff. 1-25-13.)

HB0476- 2 -LRB100 05504 NHT 15515 b
1 (105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
2 Sec. 10-10. Board of education; term; vacancy. All school
3districts having a population of not fewer than 1,000 and not
4more than 500,000 inhabitants, as ascertained by any special or
5general census, and not governed by special Acts, shall be
6governed by a board of education consisting of 7 members,
7serving without compensation except as herein provided. Each
8member shall be elected for a term of 4 years for the initial
9members of the board of education of a combined school district
10to which that subsection applies. If 5 members are elected in
111983 pursuant to the extension of terms provided by law for
12transition to the consolidated election schedule under the
13general election law, 2 of those members shall be elected to
14serve terms of 2 years and 3 shall be elected to serve terms of
154 years; their successors shall serve for a 4 year term. When
16the voters of a district have voted to elect members of the
17board of education for 6 year terms, as provided in Section
189-5, the terms of office of members of the board of education
19of that district expire when their successors assume office but
20not later than 7 days after such election. If at the regular
21school election held in the first odd-numbered year after the
22determination to elect members for 6 year terms 2 members are
23elected, they shall serve for a 6 year term; and of the members
24elected at the next regular school election 3 shall serve for a
25term of 6 years and 2 shall serve a term of 2 years. Thereafter
26members elected in such districts shall be elected to a 6 year

HB0476- 3 -LRB100 05504 NHT 15515 b
1term. If at the regular school election held in the first
2odd-numbered year after the determination to elect members for
36 year terms 3 members are elected, they shall serve for a 6
4year term; and of the members elected at the next regular
5school election 2 shall serve for a term of 2 years and 2 shall
6serve for a term of 6 years. Thereafter members elected in such
7districts shall be elected to a 6 year term. If at the regular
8school election held in the first odd-numbered year after the
9determination to elect members for 6 year terms 4 members are
10elected, 3 shall serve for a term of 6 years and one shall
11serve for a term of 2 years; and of the members elected at the
12next regular school election 2 shall serve for terms of 6 years
13and 2 shall serve for terms of 2 years. Thereafter members
14elected in such districts shall be elected to a 6 year term. If
15at the regular school election held in the first odd-numbered
16year after the determination to elect members for a 6 year term
175 members are elected, 3 shall serve for a term of 6 years and 2
18shall serve for a term of 2 years; and of the members elected
19at the next regular school election 2 shall serve for terms of
206 years and 2 shall serve for terms of 2 years. Thereafter
21members elected in such districts shall be elected to a 6 year
22term. An election for board members shall not be held in school
23districts which by consolidation, annexation or otherwise
24shall cease to exist as a school district within 6 months after
25the election date, and the term of all board members which
26would otherwise terminate shall be continued until such

HB0476- 4 -LRB100 05504 NHT 15515 b
1district shall cease to exist. Each member, on the date of his
2or her election, shall be a citizen of the United States of the
3age of 18 years or over, shall be a resident of the State and
4the territory of the district for at least one year immediately
5preceding his or her election, shall be a registered voter as
6provided in the general election law, shall not be a school
7trustee, must not have been removed from a school board
8pursuant to Section 2-3.25f-5 of this Code (unless subsequently
9appointed as a member of an Independent Authority or if it has
10been 10 years since the abolition of the Independent Authority
11in the district), and shall not be a child sex offender as
12defined in Section 11-9.3 of the Criminal Code of 2012. A
13person may not serve as a board member for more than 2 terms of
14office that begin on or after the effective date of this
15amendatory Act of the 100th General Assembly. A person is
16considered to serve a term of office for the purpose of this
17prohibition if the person is elected or appointed to serve any
18portion of the term. When the board of education is the
19successor of the school directors, all rights of property, and
20all rights regarding causes of action existing or vested in
21such directors, shall vest in it as fully as they were vested
22in the school directors. Terms of members are subject to
23Section 2A-54 of the Election Code.
24 Nomination papers filed under this Section are not valid
25unless the candidate named therein files with the county clerk
26or the county board of election commissioners, as the case may

HB0476- 5 -LRB100 05504 NHT 15515 b
1be, of the county in which the principal office of the school
2district is located a receipt from the county clerk showing
3that the candidate has filed a statement of economic interests
4as required by the Illinois Governmental Ethics Act. Such
5receipt shall be so filed either previously during the calendar
6year in which his nomination papers were filed or within the
7period for the filing of nomination papers in accordance with
8the general election law.
9 Whenever a vacancy occurs, the remaining members shall
10notify the regional superintendent of that vacancy within 5
11days after its occurrence and shall proceed to fill the vacancy
12until the next regular school election, at which election a
13successor shall be elected to serve the remainder of the
14unexpired term. However, if the vacancy occurs with less than
15868 days remaining in the term, or if the vacancy occurs less
16than 88 days before the next regularly scheduled election for
17this office then the person so appointed shall serve the
18remainder of the unexpired term, and no election to fill the
19vacancy shall be held. Should they fail so to act, within 45
20days after the vacancy occurs, the regional superintendent of
21schools under whose supervision and control the district is
22operating, as defined in Section 3-14.2 of this Act, shall
23within 30 days after the remaining members have failed to fill
24the vacancy, fill the vacancy as provided for herein. Upon the
25regional superintendent's failure to fill the vacancy, the
26vacancy shall be filled at the next regularly scheduled

HB0476- 6 -LRB100 05504 NHT 15515 b
1election. Whether elected or appointed by the remaining members
2or regional superintendent, the successor shall be an
3inhabitant of the particular area from which his or her
4predecessor was elected if the residential requirements
5contained in Section 10-10.5 or 12-2 of this Code apply.
6 A board of education may appoint a student to the board to
7serve in an advisory capacity. The student member shall serve
8for a term as determined by the board. The board may not grant
9the student member any voting privileges, but shall consider
10the student member as an advisor. The student member may not
11participate in or attend any executive session of the board.
12(Source: P.A. 97-1150, eff. 1-25-13; 98-115, eff. 7-29-13;
1398-1155, eff. 1-9-15.)
14 (105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
15 Sec. 33-2. Eligibility. To be eligible for election to the
16board, a person shall be a citizen of the United States, shall
17have been a resident of the district for at least one year
18immediately preceding his or her election, and shall not be a
19child sex offender as defined in Section 11-9.3 of the Criminal
20Code of 2012. A person may not serve as a board member for more
21than 2 terms of office that begin on or after the effective
22date of this amendatory Act of the 100th General Assembly. A
23person is considered to serve a term of office for the purpose
24of this prohibition if the person is elected or appointed to
25serve any portion of the term. Permanent removal from the

HB0476- 7 -LRB100 05504 NHT 15515 b
1district by any member constitutes a resignation from and
2creates a vacancy in the board. Board members shall serve
3without compensation.
4 Notwithstanding any provisions to the contrary in any
5special charter, petitions nominating candidates for the board
6of education shall be signed by at least 200 voters of the
7district; and the polls, whether they be located within a city
8lying in the district or outside of a city, shall remain open
9during the hours specified in the Election Code.
10(Source: P.A. 97-1150, eff. 1-25-13.)
11 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
12 Sec. 34-4. Eligibility. To be eligible for appointment to
13the board, a person shall be a citizen of the United States,
14shall be a registered voter as provided in the Election Code,
15shall have been a resident of the city for at least 3 years
16immediately preceding his or her appointment, and shall not be
17a child sex offender as defined in Section 11-9.3 of the
18Criminal Code of 2012. A person may not serve as a board member
19for more than 2 terms of office that begin on or after the
20effective date of this amendatory Act of the 100th General
21Assembly. A person is considered to serve a term of office for
22the purpose of this prohibition if the person is elected or
23appointed to serve any portion of the term. Permanent removal
24from the city by any member of the board during his term of
25office constitutes a resignation therefrom and creates a

HB0476- 8 -LRB100 05504 NHT 15515 b
1vacancy in the board. Except for the President of the Chicago
2School Reform Board of Trustees who may be paid compensation
3for his or her services as chief executive officer as
4determined by the Mayor as provided in subsection (a) of
5Section 34-3, board members shall serve without any
6compensation; provided, that board members shall be reimbursed
7for expenses incurred while in the performance of their duties
8upon submission of proper receipts or upon submission of a
9signed voucher in the case of an expense allowance evidencing
10the amount of such reimbursement or allowance to the president
11of the board for verification and approval. The board of
12education may continue to provide health care insurance
13coverage, employer pension contributions, employee pension
14contributions, and life insurance premium payments for an
15employee required to resign from an administrative, teaching,
16or career service position in order to qualify as a member of
17the board of education. They shall not hold other public office
18under the Federal, State or any local government other than
19that of Director of the Regional Transportation Authority,
20member of the economic development commission of a city having
21a population exceeding 500,000, notary public or member of the
22National Guard, and by accepting any such office while members
23of the board, or by not resigning any such office held at the
24time of being appointed to the board within 30 days after such
25appointment, shall be deemed to have vacated their membership
26in the board.

HB0476- 9 -LRB100 05504 NHT 15515 b
1(Source: P.A. 97-1150, eff. 1-25-13.)
2 Section 10. The Public Community College Act is amended by
3changing Sections 3-7 and 7-2 as follows:
4 (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
5 Sec. 3-7. (a) The election of the members of the board of
6trustees shall be nonpartisan and shall be held at the time and
7in the manner provided in the general election law.
8 (b) Unless otherwise provided in this Act, members shall be
9elected to serve 6 year terms. The term of members elected in
101985 and thereafter shall be from the date the member is
11officially determined to be elected to the board by a canvass
12conducted pursuant to the Election Code, to the date that the
13winner of the seat is officially determined by the canvass
14conducted pursuant to the Election Code the next time the seat
15on the board is to be filled by election.
16 (c) Each member must on the date of his election be a
17citizen of the United States, of the age of 18 years or over,
18and a resident of the State and the territory which on the date
19of the election is included in the community college district
20for at least one year immediately preceding his election. A
21person may not serve as a board member for more than 2 terms of
22office that begin on or after the effective date of this
23amendatory Act of the 100th General Assembly. A person is
24considered to serve a term of office for the purpose of this

HB0476- 10 -LRB100 05504 NHT 15515 b
1prohibition if the person is elected or appointed to serve any
2portion of the term. In Community College District No. 526,
3each member elected at the consolidated election in 2005 or
4thereafter must also be a resident of the trustee district he
5or she represents for at least one year immediately preceding
6his or her election, except that in the first consolidated
7election for each trustee district following reapportionment,
8a candidate for the board may be elected from any trustee
9district that contains a part of the trustee district in which
10he or she resided at the time of the reapportionment and may be
11reelected if a resident of the new trustee district he or she
12represents for one year prior to reelection. In the event a
13person who is a member of a common school board is elected or
14appointed to a board of trustees of a community college
15district, that person shall be permitted to serve the remainder
16of his or her term of office as a member of the common school
17board. Upon the expiration of the common school board term,
18that person shall not be eligible for election or appointment
19to a common school board during the term of office with the
20community college district board of trustees.
21 (d) Whenever a vacancy occurs, the remaining members shall
22fill the vacancy, and the person so appointed shall serve until
23a successor is elected at the next regular election for board
24members and is certified in accordance with Sections 22-17 and
2522-18 of the Election Code. If the remaining members fail so to
26act within 60 days after the vacancy occurs, the chairman of

HB0476- 11 -LRB100 05504 NHT 15515 b
1the State Board shall fill that vacancy, and the person so
2appointed shall serve until a successor is elected at the next
3regular election for board members and is certified in
4accordance with Sections 22-17 and 22-18 of the Election Code.
5The person appointed to fill the vacancy shall have the same
6residential qualifications as his predecessor in office was
7required to have. In either instance, if the vacancy occurs
8with less than 4 months remaining before the next scheduled
9consolidated election, and the term of office of the board
10member vacating the position is not scheduled to expire at that
11election, then the term of the person so appointed shall extend
12through that election and until the succeeding consolidated
13election. If the term of office of the board member vacating
14the position is scheduled to expire at the upcoming
15consolidated election, the appointed member shall serve only
16until a successor is elected and qualified at that election.
17 (e) Members of the board shall serve without compensation
18but shall be reimbursed for their reasonable expenses incurred
19in connection with their service as members. Compensation, for
20purposes of this Section, means any salary or other benefits
21not expressly authorized by this Act to be provided or paid to,
22for or on behalf of members of the board. The board of each
23community college district may adopt a policy providing for the
24issuance of bank credit cards, for use by any board member who
25requests the same in writing and agrees to use the card only
26for the reasonable expenses which he or she incurs in

HB0476- 12 -LRB100 05504 NHT 15515 b
1connection with his or her service as a board member. Expenses
2charged to such credit cards shall be accounted for separately
3and shall be submitted to the chief financial officer of the
4district for review prior to being reported to the board at its
5next regular meeting.
6 (f) Except in an election of the initial board for a new
7community college district created pursuant to Section 6-6.1,
8the ballot for the election of members of the board for a
9community college district shall indicate the length of term
10for each office to be filled. In the election of a board for
11any community college district, the ballot shall not contain
12any political party designation.
13(Source: P.A. 97-539, eff. 8-23-11.)
14 (110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
15 Sec. 7-2. The board shall consist of 7 members, appointed
16by the mayor with the approval of the city council. Prior to
17the expiration of the term of any member his successor shall be
18appointed in like manner and shall hold office for a term of 3
19years from July 1 of the year in which he is appointed and
20until his successor is appointed and qualified. Any vacancy in
21the membership of the board shall be filled through appointment
22by the mayor, with the approval of the city council, for the
23unexpired term. If any appointee fails to qualify within 30
24days after his appointment, the office shall be filled by a new
25appointment for the unexpired term. To be eligible for

HB0476- 13 -LRB100 05504 NHT 15515 b
1appointment to a board under this Section, a person must
2possess the same qualifications and meet the same requirements
3as are prescribed by this Act for members of an elected board
4of a community college district. A person may not serve as a
5board member for more than 2 terms of office that begin on or
6after the effective date of this amendatory Act of the 100th
7General Assembly. A person is considered to serve a term of
8office for the purpose of this prohibition if the person is
9elected or appointed to serve any portion of the term.
10(Source: P.A. 78-669.)
feedback