Bill Text: IL HB2399 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code and the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB2399 Detail]

Download: Illinois-2017-HB2399-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2399

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-48 from Ch. 46, par. 2A-48
105 ILCS 5/34-3 from Ch. 122, par. 34-3
105 ILCS 5/34-4 from Ch. 122, par. 34-4
105 ILCS 5/34-13.1

Amends the Election Code and the Chicago School District Article of the School Code. Provides for the election (instead of appointment) of members of the Chicago Board of Education. Provides that successor Inspectors General shall be appointed by the Board instead of the Mayor. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB2399LRB100 05506 MLM 15517 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 Election Code is amended by changing
5Sections 2A-1.2 and 2A-48 as follows:
6 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
7 Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
8Designated.
9 (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall be on the ballot as otherwise required by this Code:
12 (1) Elector of President and Vice President of the
13 United States;
14 (2) United States Senator and United States
15 Representative;
16 (3) State Executive Branch elected officers;
17 (4) State Senator and State Representative;
18 (5) County elected officers, including State's
19 Attorney, County Board member, County Commissioners, and
20 elected President of the County Board or County Chief
21 Executive;
22 (6) Circuit Court Clerk;
23 (7) Regional Superintendent of Schools, except in

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1 counties or educational service regions in which that
2 office has been abolished;
3 (8) Judges of the Supreme, Appellate and Circuit
4 Courts, on the question of retention, to fill vacancies and
5 newly created judicial offices;
6 (9) (Blank);
7 (10) Trustee of the Metropolitan Sanitary District of
8 Chicago, and elected Trustee of other Sanitary Districts;
9 (11) Special District elected officers, not otherwise
10 designated in this Section, where the statute creating or
11 authorizing the creation of the district requires an annual
12 election and permits or requires election of candidates of
13 political parties.
14 (b) At the general primary election:
15 (1) in each even-numbered year candidates of political
16 parties shall be nominated for those offices to be filled
17 at the general election in that year, except where pursuant
18 to law nomination of candidates of political parties is
19 made by caucus.
20 (2) in the appropriate even-numbered years the
21 political party offices of State central committeeman,
22 township committeeman, ward committeeman, and precinct
23 committeeman shall be filled and delegates and alternate
24 delegates to the National nominating conventions shall be
25 elected as may be required pursuant to this Code. In the
26 even-numbered years in which a Presidential election is to

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1 be held, candidates in the Presidential preference primary
2 shall also be on the ballot.
3 (3) in each even-numbered year, where the municipality
4 has provided for annual elections to elect municipal
5 officers pursuant to Section 6(f) or Section 7 of Article
6 VII of the Constitution, pursuant to the Illinois Municipal
7 Code or pursuant to the municipal charter, the offices of
8 such municipal officers shall be filled at an election held
9 on the date of the general primary election, provided that
10 the municipal election shall be a nonpartisan election
11 where required by the Illinois Municipal Code. For partisan
12 municipal elections in even-numbered years, a primary to
13 nominate candidates for municipal office to be elected at
14 the general primary election shall be held on the Tuesday 6
15 weeks preceding that election.
16 (4) in each school district which has adopted the
17 provisions of Article 33 of the School Code, successors to
18 the members of the board of education whose terms expire in
19 the year in which the general primary is held shall be
20 elected.
21 (5) Members of the Chicago Board of Education shall be
22 elected.
23 (c) At the consolidated election in the appropriate
24odd-numbered years, the following offices shall be filled:
25 (1) Municipal officers, provided that in
26 municipalities in which candidates for alderman or other

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1 municipal office are not permitted by law to be candidates
2 of political parties, the runoff election where required by
3 law, or the nonpartisan election where required by law,
4 shall be held on the date of the consolidated election; and
5 provided further, in the case of municipal officers
6 provided for by an ordinance providing the form of
7 government of the municipality pursuant to Section 7 of
8 Article VII of the Constitution, such offices shall be
9 filled by election or by runoff election as may be provided
10 by such ordinance;
11 (2) Village and incorporated town library directors;
12 (3) City boards of stadium commissioners;
13 (4) Commissioners of park districts;
14 (5) Trustees of public library districts;
15 (6) Special District elected officers, not otherwise
16 designated in this section, where the statute creating or
17 authorizing the creation of the district permits or
18 requires election of candidates of political parties;
19 (7) Township officers, including township park
20 commissioners, township library directors, and boards of
21 managers of community buildings, and Multi-Township
22 Assessors;
23 (8) Highway commissioners and road district clerks;
24 (9) Members of school boards in school districts which
25 adopt Article 33 of the School Code;
26 (10) The directors and chairman of the Chain O Lakes -

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1 Fox River Waterway Management Agency;
2 (11) Forest preserve district commissioners elected
3 under Section 3.5 of the Downstate Forest Preserve District
4 Act;
5 (12) Elected members of school boards, school
6 trustees, directors of boards of school directors,
7 trustees of county boards of school trustees (except in
8 counties or educational service regions having a
9 population of 2,000,000 or more inhabitants) and members of
10 boards of school inspectors, except school boards in school
11 districts that adopt Article 33 of the School Code and the
12 Chicago Board of Education;
13 (13) Members of Community College district boards;
14 (14) Trustees of Fire Protection Districts;
15 (15) Commissioners of the Springfield Metropolitan
16 Exposition and Auditorium Authority;
17 (16) Elected Trustees of Tuberculosis Sanitarium
18 Districts;
19 (17) Elected Officers of special districts not
20 otherwise designated in this Section for which the law
21 governing those districts does not permit candidates of
22 political parties.
23 (d) At the consolidated primary election in each
24odd-numbered year, candidates of political parties shall be
25nominated for those offices to be filled at the consolidated
26election in that year, except where pursuant to law nomination

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1of candidates of political parties is made by caucus, and
2except those offices listed in paragraphs (12) through (17) of
3subsection (c).
4 At the consolidated primary election in the appropriate
5odd-numbered years, the mayor, clerk, treasurer, and aldermen
6shall be elected in municipalities in which candidates for
7mayor, clerk, treasurer, or alderman are not permitted by law
8to be candidates of political parties, subject to runoff
9elections to be held at the consolidated election as may be
10required by law, and municipal officers shall be nominated in a
11nonpartisan election in municipalities in which pursuant to law
12candidates for such office are not permitted to be candidates
13of political parties.
14 At the consolidated primary election in the appropriate
15odd-numbered years, municipal officers shall be nominated or
16elected, or elected subject to a runoff, as may be provided by
17an ordinance providing a form of government of the municipality
18pursuant to Section 7 of Article VII of the Constitution.
19 (e) (Blank).
20 (f) At any election established in Section 2A-1.1, public
21questions may be submitted to voters pursuant to this Code and
22any special election otherwise required or authorized by law or
23by court order may be conducted pursuant to this Code.
24 Notwithstanding the regular dates for election of officers
25established in this Article, whenever a referendum is held for
26the establishment of a political subdivision whose officers are

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1to be elected, the initial officers shall be elected at the
2election at which such referendum is held if otherwise so
3provided by law. In such cases, the election of the initial
4officers shall be subject to the referendum.
5 Notwithstanding the regular dates for election of
6officials established in this Article, any community college
7district which becomes effective by operation of law pursuant
8to Section 6-6.1 of the Public Community College Act, as now or
9hereafter amended, shall elect the initial district board
10members at the next regularly scheduled election following the
11effective date of the new district.
12 (g) At any election established in Section 2A-1.1, if in
13any precinct there are no offices or public questions required
14to be on the ballot under this Code then no election shall be
15held in the precinct on that date.
16 (h) There may be conducted a referendum in accordance with
17the provisions of Division 6-4 of the Counties Code.
18(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
19eff. 8-9-96; 90-358, eff. 1-1-98.)
20 (10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
21 Sec. 2A-48. Board of School Directors and Board of
22Education - Member - Time of Election. A member of a Board of
23School Directors or a member of an elected Board of Education,
24as the case may be, shall be elected at each consolidated
25election to succeed each incumbent member whose term ends

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1before the following consolidated election. However, a member
2of the Chicago Board of Education shall be elected at each
3general primary election to succeed each incumbent member whose
4term ends before the following general primary election.
5(Source: P.A. 90-358, eff. 1-1-98.)
6 Section 10. The School Code is amended by changing Sections
734-3, 34-4, and 34-13.1 as follows:
8 (105 ILCS 5/34-3) (from Ch. 122, par. 34-3)
9 Sec. 34-3. Chicago School Reform Board of Trustees; new
10Chicago Board of Education; members; term; vacancies.
11 (a) Within 30 days after the effective date of this
12amendatory Act of 1995, the terms of all members of the Chicago
13Board of Education holding office on that date are abolished
14and the Mayor shall appoint, without the consent or approval of
15the City Council, a 5 member Chicago School Reform Board of
16Trustees which shall take office upon the appointment of the
17fifth member. The Chicago School Reform Board of Trustees and
18its members shall serve until, and the terms of all members of
19the Chicago School Reform Board of Trustees shall expire on,
20June 30, 1999 or upon the appointment of a new Chicago Board of
21Education as provided in subsection (b), whichever is later.
22Any vacancy in the membership of the Trustees shall be filled
23through appointment by the Mayor, without the consent or
24approval of the City Council, for the unexpired term. One of

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1the members appointed by the Mayor to the Trustees shall be
2designated by the Mayor to serve as President of the Trustees.
3The Mayor shall appoint a full-time, compensated chief
4executive officer, and his or her compensation as such chief
5executive officer shall be determined by the Mayor. The Mayor,
6at his or her discretion, may appoint the President to serve
7simultaneously as the chief executive officer.
8 (b) This subsection (b) applies until March 20, 2018.
9Within 30 days before the expiration of the terms of the
10members of the Chicago Reform Board of Trustees as provided in
11subsection (a), a new Chicago Board of Education consisting of
127 members shall be appointed by the Mayor to take office on the
13later of July 1, 1999 or the appointment of the seventh member.
14Three of the members initially so appointed under this
15subsection shall serve for terms ending June 30, 2002, 4 of the
16members initially so appointed under this subsection shall
17serve for terms ending June 30, 2003, and each member initially
18so appointed shall continue to hold office until his or her
19successor is appointed and qualified. Thereafter at the
20expiration of the term of any member a successor shall be
21appointed by the Mayor and shall hold office for a term of 4
22years, from July 1 of the year in which the term commences and
23until a successor is appointed and qualified. Any vacancy in
24the membership of the Chicago Board of Education shall be
25filled through appointment by the Mayor for the unexpired term.
26No appointment to membership on the Chicago Board of Education

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1that is made by the Mayor under this subsection shall require
2the approval of the City Council, whether the appointment is
3made for a full term or to fill a vacancy for an unexpired term
4on the Board.
5 (b-5) For the purposes of this subsection (b-5):
6 "Parent member" means a member of the board who is the
7parent or legal guardian of a child enrolled in a public school
8in the region of election.
9 "Community member" means a member of the board who resides
10in the region of election.
11 On March 20, 2018, the terms of all members of the Chicago
12Board of Education appointed under subsection (b) of this
13Section are abolished when the new board, consisting of 13
14members, is elected by the electors of the school district as
15provided in this subsection (b-5) and takes office.
16 Each member shall be elected for a term of 4 years,
17commencing on the second Tuesday in April of the year in which
18the member is elected, and until the member's successor is
19elected and has qualified, except that members of the board
20elected to terms commencing on March 20, 2018 shall organize on
21the date their terms commence and on that date shall determine,
22by lot, 7 members to serve for terms of 4 years and 6 members to
23serve for terms of 2 years.
24 For purposes of elections conducted pursuant to this
25subsection (b-5), the City of Chicago shall be subdivided into
26the following electoral regions for seats on the Chicago Board

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1of Education, each of which must be compact and contiguous and
2substantially equal in population to each other:
3 (1) Southeast Side.
4 (2) Southwest Side.
5 (3) West/Central Region.
6 (4) North Region.
7Each region shall be represented by 3 members, except the North
8Region, which shall be represented by 4 members. Each region's
9representatives shall consist of 2 parent members and one
10community member, except the North Region, which shall have 2
11parent members and 2 community members.
12 On March 20, 2018 and within 28 days after each election
13thereafter, the board shall organize by electing its officers
14and fixing a time and place for the regular meetings. At least
1550% of the board's regular meetings shall take place after
16regular business hours in order to maximize community
17participation. Upon organizing itself as provided in this
18subsection (b-5), the board shall enter upon the discharge of
19its duties.
20 Nomination papers filed for board election are not valid
21unless the candidate named therein files with the secretary of
22the board or with a person designated by the board to receive
23nominating petitions a receipt from the county clerk showing
24that the candidate has filed a statement of economic interests
25as required by the Illinois Governmental Ethics Act. The
26receipt shall be so filed either previously during the calendar

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1year in which the nomination papers were filed or within the
2period for the filing of nomination papers in accordance with
3the general election law.
4 Whenever a vacancy in the board occurs, the remaining
5members of the board shall notify the Mayor of that vacancy
6within 5 days after its occurrence and shall proceed to fill
7the vacancy until the next board election, at which election a
8successor shall be elected to serve the remainder of the
9unexpired term. However, if the vacancy occurs with less than
1028 months remaining in the term or if the vacancy occurs less
11than 88 days before the next board election, then the person so
12appointed shall serve the remainder of the unexpired term, and
13no election to fill the vacancy shall be held. The successor
14shall have the same residential and other qualifications as his
15or her predecessor. Should the remaining board members fail to
16act within 45 days after the vacancy occurs, the Mayor shall,
17within 30 days after the remaining members have failed to fill
18the vacancy, fill the vacancy as provided for in this Section.
19Upon the Mayor's failure to fill the vacancy, the vacancy shall
20be filled at the next board election. The successor shall have
21the same residential and other qualifications as his or her
22predecessor.
23 (b-10) The board shall elect annually from its number a
24president and vice-president, in such manner and at such time
25as the board determines by its rules. The officers so elected
26shall each perform the duties imposed upon their respective

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1office by the rules of the board, provided that (i) the
2president shall preside at meetings of the board and vote as
3any other member but have no power of veto, and (ii) the vice
4president shall perform the duties of the president if that
5office is vacant or the president is absent or unable to act.
6The secretary of the Board shall be selected by the Board and
7shall be an employee of the Board rather than a member of the
8Board, notwithstanding subsection (d) of Section 34-3.3. The
9duties of the secretary shall be imposed by the rules of the
10Board.
11 (c) The board may appoint a student to the board to serve
12in an advisory capacity. The student member shall serve for a
13term as determined by the board. The board may not grant the
14student member any voting privileges, but shall consider the
15student member as an advisor. The student member may not
16participate in or attend any executive session of the board.
17(Source: P.A. 94-231, eff. 7-14-05.)
18 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
19 Sec. 34-4. Eligibility.
20 (a) To be eligible for election appointment to the board, a
21person shall be at least 18 years of age and either (i) a
22parent or legal guardian of a child currently enrolled in a
23public school in the region of election the person seeks to
24represent or (ii) a resident of the region of election that the
25person seeks to represent. A person is ineligible to run for

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1office if that person is an employee of the district or a child
2sex offender as defined in Section 11-9.3 of the Criminal Code
3of 2012. All persons eligible for election to the board shall
4obtain no less than 250 signatures on a petition in order to be
5placed on the ballot a citizen of the United States, shall be a
6registered voter as provided in the Election Code, shall have
7been a resident of the city for at least 3 years immediately
8preceding his or her appointment, and shall not be a child sex
9offender as defined in Section 11-9.3 of the Criminal Code of
102012. Permanent removal from the city by any member of the
11board during his or her term of office constitutes a
12resignation therefrom and creates a vacancy in the board. Board
13members shall receive compensation of $50,000 per year, health
14care insurance coverage, a pension, and life insurance. Board
15Except for the President of the Chicago School Reform Board of
16Trustees who may be paid compensation for his or her services
17as chief executive officer as determined by the Mayor as
18provided in subsection (a) of Section 34-3, board members shall
19serve without any compensation; provided, that board members
20shall be reimbursed for expenses incurred while in the
21performance of their duties upon submission of proper receipts
22or upon submission of a signed voucher in the case of an
23expense allowance evidencing the amount of such reimbursement
24or allowance to the president of the board for verification and
25approval. Board members The board of education may continue to
26provide health care insurance coverage, employer pension

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1contributions, employee pension contributions, and life
2insurance premium payments for an employee required to resign
3from an administrative, teaching, or career service position in
4order to qualify as a member of the board of education. They
5shall not hold other public office under the Federal, State or
6any local government other than that of Director of the
7Regional Transportation Authority, member of the economic
8development commission of a city having a population exceeding
9500,000, notary public or member of the National Guard, and by
10accepting any such office while members of the board, or by not
11resigning any such office held at the time of being elected
12appointed to the board within 30 days after such election
13appointment, shall be deemed to have vacated their membership
14in the board.
15(Source: P.A. 97-1150, eff. 1-25-13.)
16 (105 ILCS 5/34-13.1)
17 Sec. 34-13.1. Inspector General.
18 (a) The Inspector General and his office in existence on
19the effective date of this amendatory Act of 1995 shall be
20transferred to the jurisdiction of the board upon appointment
21of the Chicago School Reform Board of Trustees. The Inspector
22General shall have the authority to conduct investigations into
23allegations of or incidents of waste, fraud, and financial
24mismanagement in public education within the jurisdiction of
25the board by a local school council member or an employee,

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1contractor, or member of the board or involving school projects
2managed or handled by the Public Building Commission. The
3Inspector General shall make recommendations to the board about
4the investigations. The Inspector General in office on the
5effective date of this amendatory Act of 1996 shall serve for a
6term expiring on June 30, 1998. His or her successors in office
7shall each be appointed by the Mayor, without the consent or
8approval of the City Council, for 4 year terms expiring on June
930th of an even numbered year; however, beginning on March 20,
102018, successors shall be appointed by the board instead of the
11Mayor. If the Inspector General leaves office or if a vacancy
12in that office otherwise occurs, the Mayor shall appoint,
13without the consent or approval of the City Council, a
14successor to serve under this Section for the remainder of the
15unexpired term; however, beginning on March 20, 2018,
16successors shall be appointed by the board instead of the
17Mayor. The Inspector General shall be independent of the
18operations of the board and the School Finance Authority, and
19shall perform other duties requested by the board.
20 (b) The Inspector General shall have access to all
21information and personnel necessary to perform the duties of
22the office. If the Inspector General determines that a possible
23criminal act has been committed or that special expertise is
24required in the investigation, he or she shall immediately
25notify the Chicago Police Department and the Cook County
26State's Attorney. All investigations conducted by the

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1Inspector General shall be conducted in a manner that ensures
2the preservation of evidence for use in criminal prosecutions.
3 (c) At all times the Inspector General shall be granted
4access to any building or facility that is owned, operated, or
5leased by the board, the Public Building Commission, or the
6city in trust and for the use and benefit of the schools of the
7district.
8 (d) The Inspector General shall have the power to subpoena
9witnesses and compel the production of books and papers
10pertinent to an investigation authorized by this Code. Any
11person who (1) fails to appear in response to a subpoena; (2)
12fails to answer any question; (3) fails to produce any books or
13papers pertinent to an investigation under this Code; or (4)
14knowingly gives false testimony during an investigation under
15this Code, is guilty of a Class A misdemeanor.
16 (e) The Inspector General shall provide to the board and
17the Illinois General Assembly a summary of reports and
18investigations made under this Section for the previous fiscal
19year no later than January 1 of each year, except that the
20Inspector General shall provide the summary of reports and
21investigations made under this Section for the period
22commencing July 1, 1998 and ending April 30, 1999 no later than
23May 1, 1999. The summaries shall detail the final disposition
24of those recommendations. The summaries shall not contain any
25confidential or identifying information concerning the
26subjects of the reports and investigations. The summaries shall

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1also include detailed recommended administrative actions and
2matters for consideration by the General Assembly.
3 (f) (Blank).
4 (g) (Blank).
5(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97.)
6 Section 99. Effective date. This Act takes effect upon
7becoming law.
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