HB 54 — U OF I-ELECT BD OF TRUSTEES

*LRB09603930NHT13965b* HB0054 96THEngrossed GENERALLRB096 ASSEMBLY03930 StateNHT of13965 Illinoisb andAN 2010ACT HB0054concerning Introducededucation. 1/14/2009, by Rep.

David Reis SYNOPSIS AS INTRODUCED:

See Index Amends the Illinois Governmental Ethics Act, the Election Code, the University of Illinois Act, and the University of Illinois Trustees Act.

Provides for a Board of Trustees of the University of Illinois consisting of 7 elected members (now, the Board consists of 9 members appointed by the Governor with the advice and consent of the Senate), the Governor, and 3 student trustees.

Provides that 3 members shall be elected from the First Judicial District and one member shall be elected from each of the 4 other judicial districts.

Terminates the term of each appointed member of the Board when all of the new elected members take office.

Provides for staggered terms for members initially elected under the amendatory Act and 6-year terms thereafter.

Provides that the student trustees shall select one of their number to possess the right to cast a legally binding vote (now, the Governor designates which one of the student trustees possess the right to vote).

Provides that if a student trustee has served more than one term and during one of those terms, he or she was selected to possess a legally binding vote, then he or she is ineligible to be selected again to possess a legally binding vote.

Provides that if the student trustees fail to come to an agreement on which student trustee shall possess a legally binding vote, none of the student trustees may possess a legally binding vote for the remainder of their term.

Makes related changes.

Effective immediately.

LRB096 03930 NHT 13965 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0054 LRB096 03930 NHT 13965 b AN ACT concerning education.

(e) Holders of, and candidates for nomination or election to, the office of judge or associate judge of the Circuit Court and the office of judge of the Appellate or HB0054 Engrossed - 2 - LRB096 03930 NHT 13965 b Supreme Court.

(2) have direct supervisory authority over, or direct responsibility for the formulation, HB0054 Engrossed - 3 - LRB096 03930 NHT 13965 b negotiation, issuance or execution of contracts entered into by the State in the amount of $5,000 or more;

HB0054 Engrossed - 4 - LRB096 03930 NHT 13965 b (h) Persons appointed to the governing board of a unit of local government, or of a special district, and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county, or municipal plan commission, or to a board of review of any county, and persons appointed to the Board of the Metropolitan Pier and Exposition Authority and any Trustee appointed under Section 22 of the Metropolitan Pier and Exposition Authority Act, and persons appointed to a board or commission of a unit of local government who have authority to authorize the expenditure of public funds.

HB0054 Engrossed - 5 - LRB096 03930 NHT 13965 b (3) have authority to approve licenses and permits by the unit of local government;

A "special government agent" is a person who is directed, retained, designated, appointed, or employed, with or without compensation, by or on behalf of a statewide executive branch constitutional officer to make an ex parte communication under Section 5-50 of the State Officials and Employees Ethics Act or Section 5-165 of the Illinois Administrative Procedure HB0054 Engrossed - 6 - LRB096 03930 NHT 13965 b Act.

(5) County elected officers, including State's HB0054 Engrossed - 7 - LRB096 03930 NHT 13965 b Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(2) in the appropriate even-numbered years the political party offices of State central committeeman, HB0054 Engrossed - 8 - LRB096 03930 NHT 13965 b township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code.

(c) At the consolidated election in the appropriate HB0054 Engrossed - 9 - LRB096 03930 NHT 13965 b odd-numbered years, the following offices shall be filled:

HB0054 Engrossed - 10 - LRB096 03930 NHT 13965 b (9) Members of school boards in school districts which adopt Article 33 of the School Code;

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be HB0054 Engrossed - 11 - LRB096 03930 NHT 13965 b nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

Notwithstanding the regular dates for election of officers HB0054 Engrossed - 12 - LRB096 03930 NHT 13965 b established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law.

Trustees of the University of Illinois, other than the Governor and the student trustees, shall be elected at the HB0054 Engrossed - 13 - LRB096 03930 NHT 13965 b general election in 2010.

(b) This Article 7 shall not apply to (i) the nomination of HB0054 Engrossed - 14 - LRB096 03930 NHT 13965 b candidates for school elections and township elections, except in those townships specifically mentioned in subsection (a) and except in those cases in which a township central committee determines under Section 6A-2 of the Township Law of 1874 or Section 45-55 of the Township Code that its candidates for township offices shall be nominated by primary in accordance with this Article, (ii) the nomination of park commissioners in park districts organized under the Park District Code, (iii) the nomination of officers of cities and villages organized under special charters, or (iv) the nomination of municipal officers for cities, villages, and incorporated towns with a population of 5,000 or less, except where a city, village, or incorporated town with a population of 5,000 or less has by ordinance determined that political parties shall nominate candidates for municipal office in the city, village, or incorporated town by primary in accordance with this Article.

HB0054 Engrossed - 15 - LRB096 03930 NHT 13965 b (Source:

but in any county having within its limits any city having a population of 200,000, or over the delegates from such city shall be chosen by wards, the ward committeemen from the respective wards choosing the number of delegates to which such ward is entitled on the basis prescribed in paragraph (e) of this Section such delegates to be members of the delegation to the State HB0054 Engrossed - 16 - LRB096 03930 NHT 13965 b convention from such county.

The State convention of each political party has power to HB0054 Engrossed - 17 - LRB096 03930 NHT 13965 b make nominations of candidates of its political party for the electors of President and Vice President of the United States and for trustees of the University of Illinois, and to adopt any party platform, and, to the extent determined by the State central committee as provided in Section 7-14, to choose and select delegates and alternate delegates at large to national nominating conventions.

and the names of such candidates so chosen by such State convention for electors of President and Vice President of the United States and for trustees of the University of Illinois, shall be caused by the State Board of Elections to be printed upon the official ballot at the general election, in the manner required by law, and shall be certified to the various county clerks of the proper counties in the manner as provided in Section 7-60 of this Article 7 for the certifying of the names of persons nominated by any party for State HB0054 Engrossed - 18 - LRB096 03930 NHT 13965 b offices.

The call for such convention shall set forth this paragraph (e) of Section 7-9 in full and shall direct that the number of delegates to be chosen HB0054 Engrossed - 19 - LRB096 03930 NHT 13965 b be calculated in compliance herewith and that such number of delegates be chosen.

however, no such appointment may be made between the general HB0054 Engrossed - 20 - LRB096 03930 NHT 13965 b primary election and the 30th day after the general primary election.

HB0054 Engrossed - 21 - LRB096 03930 NHT 13965 b F.

Whenever any county clerk is unable to canvass the vote, HB0054 Engrossed - 22 - LRB096 03930 NHT 13965 b the deputy county clerk or a designee of the county clerk shall serve in his or her place.

The State Board of Elections, shall proceed, within 31 days after the election, and sooner if all the returns are received, to canvass the votes given for United States Senators and Representatives to Congress, State executive officers, HB0054 Engrossed - 23 - LRB096 03930 NHT 13965 b judges of the Supreme Court, judges of the Appellate Court, judges of the Circuit Court, Senators, Representatives to the General Assembly, State's Attorneys and Regional Superintendents of Schools elected from 2 or more counties, and trustees of the University of Illinois, respectively, and the persons having the highest number of votes for the respective offices shall be declared duly elected, but if it appears that more than the number of persons to be elected have the highest and an equal number of votes for the same office, the electoral board shall decide by lot which of such persons shall be elected;

No person who is shown by the canvassing board's proclamation to have been elected at the consolidated election HB0054 Engrossed - 24 - LRB096 03930 NHT 13965 b or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected.

The results of an election, including a primary, for an elected executive HB0054 Engrossed - 25 - LRB096 03930 NHT 13965 b officer provided for in Article V of the Constitution or for trustee of the University of Illinois may be challenged (1) by any candidate whose name was on the ballot for that office, (2) by any person who filed a declaration of intent to be a write-in candidate for that office, or (3) by any person who voted in that election, provided that such person's challenge is supported by a verified petition signed by persons who voted in the election in a number no less than the largest number of signatures required to nominate a person to be a candidate of any political party which nominated a candidate for the office being contested.

If any of the powers or duties to be exercised or performed by the Supreme Court under Sections 23-1.1a through 23-1.12a may not constitutionally be exercised or performed by the Supreme Court by reason of jurisdictional limitations, then Sections 23-1.1a through 23-1.12a shall HB0054 Engrossed - 26 - LRB096 03930 NHT 13965 b nonetheless continue to govern contests of elections for elected officers provided for in Article V of the Constitution and for trustees of the University of Illinois, and in such event the Supreme Court shall, pursuant to its general administrative and supervisory powers, assign to a circuit court those adjudicatory powers and duties with respect to such a contest as may not be exercised or performed by the Supreme Court, subject to appropriate judicial review.

At all the stated and other meetings of the Board of Trustees, called by the regent or corresponding secretary, or any 4 5 members of the Board, a majority of the members shall constitute a quorum, provided all HB0054 Engrossed - 27 - LRB096 03930 NHT 13965 b the members have been duly notified.

Seven of these members shall be elected in the manner provided by law, with 3 HB0054 Engrossed - 28 - LRB096 03930 NHT 13965 b members elected from the First Judicial District and one member elected from each of the 4 other judicial districts.