EDUCATION-TECH
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SB 857 — EDUCATION-TECH
Last action — Public Act . . . . . . . . . 94-0952
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 18, 2005. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the School Code. Makes a technical change in a Section concerning the Chicago school district.
Bill Text
What changed in the latest version
31 added · 31 removedPlain-language change summary
The recent amendment to SB 857 includes changes to how debt limitations are applied to school districts in Illinois. Specifically, it clarifies that K-8 and K-12 school districts cannot incur debt that exceeds 6.9% and 13.8% respectively of the value of taxable property. This matters because it helps ensure that school districts maintain financial stability and responsible borrowing practices, protecting taxpayers and students alike. Additionally, the amendment removed a technical reference related to meeting participation, simplifying the language of the bill.
SB0857 EngrossedEnrolled LRB094 04505 NHT 34534 b AN ACT concerning education.
No school districts maintaining grades K through 12 shall become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 13.8% on the value of the taxable property therein to be ascertained by the last assessment for State and county taxes or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district’s 1978 equalized assessed valuation by the debt limitation percentage in effect on SB0857 EngrossedEnrolled - 2 - LRB094 04505 NHT 34534 b January 1, 1979, previous to the incurring of such indebtedness.
and (3) When the voters in the school district approve a SB0857 EngrossedEnrolled - 3 - LRB094 04505 NHT 34534 b proposition for the issuance of bonds for the purpose of acquiring or improving such needed school sites or constructing and equipping such needed additional building facilities at an election called and held for that purpose.
In no event shall the indebtedness incurred pursuant to this subsection (b) and the existing indebtedness of the school district exceed 15% of the value of the taxable property SB0857 EngrossedEnrolled - 4 - LRB094 04505 NHT 34534 b therein to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district’s 1978 equalized assessed valuation by the debt limitation percentage in effect on January 1, 1979.
(1) The additional indebtedness authorized by this subsection (d) is incurred by the school district through the issuance of bonds under and in accordance with Section 17-2.11a for the purpose of replacing a school building which, because of mine subsidence damage, has been closed as provided in paragraph (2) of this subsection (d) or SB0857 EngrossedEnrolled - 5 - LRB094 04505 NHT 34534 b through the issuance of bonds under and in accordance with Section 19-3 for the purpose of increasing the size of, or providing for additional functions in, such replacement school buildings, or both such purposes.
(2) The additional indebtedness authorized by this SB0857 EngrossedEnrolled - 6 - LRB094 04505 NHT 34534 b subsection (e) is incurred by the financially distressed district during the school year or school years in which the certification of the district as a financially distressed district continues in effect through the issuance of bonds for the lawful school purposes of the district, pursuant to resolution of the school board and without referendum, as provided in paragraph (5) of this subsection.
(5) Bonds issued by the financially distressed district under this subsection shall bear interest at a rate not to exceed the maximum rate authorized by law at the time of the making of the contract, shall mature within SB0857 EngrossedEnrolled - 7 - LRB094 04505 NHT 34534 b 40 years from their date of issue, and shall be signed by the president of the school board and treasurer of the school district.
(f) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds in not to exceed the aggregate amount of $5,500,000 and issued by a school district meeting the following criteria shall not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing SB0857 EngrossedEnrolled - 8 - LRB094 04505 NHT 34534 b indebtedness, in excess of any heretofore or hereafter imposed statutory limitation as to indebtedness:
(i) The bonds are issued for the purpose of constructing a new high school building to replace two SB0857 EngrossedEnrolled - 9 - LRB094 04505 NHT 34534 b adjacent existing buildings which together house a single high school, each of which is more than 65 years old, and which together are located on more than 10 acres and less than 11 acres of property.
(i) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1998, a community unit school district maintaining grades K through 12 SB0857 EngrossedEnrolled - 10 - LRB094 04505 NHT 34534 b may issue bonds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met:
(iv) At least 60% of those voting in an election held SB0857 EngrossedEnrolled - 11 - LRB094 04505 NHT 34534 b after December 31, 1996 approve a proposition for the issuance of the bonds;
(l) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 2000, a school district maintaining grades kindergarten through 8 may SB0857 EngrossedEnrolled - 12 - LRB094 04505 NHT 34534 b issue bonds up to an amount, including existing indebtedness, not exceeding 15% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
and SB0857 EngrossedEnrolled - 13 - LRB094 04505 NHT 34534 b (v) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
SB0857 EngrossedEnrolled - 14 - LRB094 04505 NHT 34534 b (iv) The bonds are issued for a "school construction project", as that term is defined in Section 5-5 of the School Construction Law, in an amount that does not exceed the dollar amount certified, as provided in paragraph (iii) of this subsection (n), by the Capital Development Board to the school district under Section 5-15 of the School Construction Law.
and SB0857 EngrossedEnrolled - 15 - LRB094 04505 NHT 34534 b (v) the bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
(ii) At least 2 school buildings that were constructed 40 or more years prior to the issuance of the bonds will be demolished and will be replaced by new buildings or SB0857 EngrossedEnrolled - 16 - LRB094 04505 NHT 34534 b additions to one or more existing buildings.
SB0857 EngrossedEnrolled - 17 - LRB094 04505 NHT 34534 b (vi) The bonds are issued prior to January 1, 2007, pursuant to Sections 19-2 through 19-7 of this Code.
Notwithstanding the provisions of any other law to the contrary, in any case in which the voters of a school district have approved a proposition for the issuance of bonds of such SB0857 EngrossedEnrolled - 18 - LRB094 04505 NHT 34534 b school district at an election held prior to January 1, 1979, and all of the bonds approved at such election have not been issued, the debt limitation applicable to such school district during the calendar year 1979 shall be computed by multiplying the value of taxable property therein, including personal property, as ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness, by the percentage limitation applicable to such school district under the provisions of this subsection (a).
Notice of such an election shall state that the amount of SB0857 EngrossedEnrolled - 19 - LRB094 04505 NHT 34534 b indebtedness proposed to be incurred would exceed the debt limitation otherwise applicable to the school district.
In no event shall the indebtedness incurred pursuant to this subsection (b) and the existing indebtedness of the school district exceed 15% of the value of the taxable property therein to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district’s 1978 equalized assessed valuation by the debt limitation percentage in effect on SB0857 EngrossedEnrolled - 20 - LRB094 04505 NHT 34534 b January 1, 1979.
(2) The bonds issued by the school district as provided SB0857 EngrossedEnrolled - 21 - LRB094 04505 NHT 34534 b in paragraph (1) above are issued for the purposes of construction by the school district of a new school building pursuant to Section 17-2.11, to replace an existing school building that, because of mine subsidence damage, is closed as of the end of the 1992-93 school year pursuant to action of the regional superintendent of schools of the educational service region in which the district is located under Section 3-14.22 or are issued for the purpose of increasing the size of, or providing for additional functions in, the new school building being constructed to replace a school building closed as the result of mine subsidence damage, or both such purposes.
Notwithstanding the provisions of subsection (a) of this Section or of any other law, a school district that has availed SB0857 EngrossedEnrolled - 22 - LRB094 04505 NHT 34534 b itself of the provisions of this subsection (f) prior to July 22, 2004 (the effective date of Public Act 93-799) may also issue bonds approved by referendum up to an amount, including existing indebtedness, not exceeding 25% of the equalized assessed value of the taxable property in the district if all of the conditions set forth in items (1), (2), and (3) of this subsection (f) are met.
(h) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1998, a SB0857 EngrossedEnrolled - 23 - LRB094 04505 NHT 34534 b community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27.6% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met:
(j) Notwithstanding any other provisions of this Section or SB0857 EngrossedEnrolled - 24 - LRB094 04505 NHT 34534 b the provisions of any other law, until January 1, 1999, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
(k) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, a school district that meets all the criteria set forth in paragraphs (1) through (4) of this subsection (k) may issue bonds to incur an additional indebtedness in an amount not to exceed $4,000,000 even though the amount of the additional indebtedness authorized by this subsection (k), when incurred and added to the aggregate amount of indebtedness of the school district existing immediately prior to the school district incurring such additional indebtedness, causes the aggregate indebtedness of the school district to exceed or increases the amount by which the aggregate indebtedness of the district already exceeds the debt limitation otherwise applicable to that school district under SB0857 EngrossedEnrolled - 25 - LRB094 04505 NHT 34534 b subsection (a):
(m) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, an SB0857 EngrossedEnrolled - 26 - LRB094 04505 NHT 34534 b elementary school district maintaining grades K through 8 may issue bonds up to an amount, excluding existing indebtedness, not exceeding 18% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met:
SB0857 EngrossedEnrolled - 27 - LRB094 04505 NHT 34534 b (i) The school district applies to the State Board of Education for a school construction project grant and submits a district facilities plan in support of its application pursuant to Section 5-20 of the School Construction Law.
(o) Notwithstanding any other provisions of this Section or the provisions of any other law, until November 1, 2007, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing SB0857 EngrossedEnrolled - 28 - LRB094 04505 NHT 34534 b indebtedness, not exceeding 20% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
(iii) At the time of the sale of the bonds, the board SB0857 EngrossedEnrolled - 29 - LRB094 04505 NHT 34534 b of education determines by resolution that the project is needed because of expanding growth in the school district and a projected enrollment increase.
(p-10) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community consolidated school district maintaining grades K through 8 shall not be considered indebtedness for purposes of SB0857 EngrossedEnrolled - 30 - LRB094 04505 NHT 34534 b any statutory limitation and may be issued in an amount or amounts, including existing indebtedness, in excess of any heretofore or hereafter imposed statutory limitation as to indebtedness, if all of the following conditions are met:
Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other SB0857 EngrossedEnrolled - 31 - LRB094 04505 NHT 34534 b Public Act.
Action History
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Public Act . . . . . . . . . 94-0952
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Effective Date June 27, 2006
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 060-042-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Elementary & Secondary Education Committee; 012-000-000
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Final Action Deadline Extended-9(b) April 30, 2006
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Assigned to Elementary & Secondary Education Committee
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Final Action Deadline Extended-9(b) April 13, 2006
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Added Alternate Chief Co-Sponsor Rep. Wyvetter H. Younge
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Dan Reitz
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Final Action Deadline Extended-9(b) April 7, 2006
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 1 Adopted; Clayborne
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Recalled to Second Reading
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Added as Chief Co-Sponsor Sen. David Luechtefeld
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Chief Sponsor Changed to Sen. James F. Clayborne, Jr.
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Senate Floor Amendment No. 1 Recommend Do Adopt Education; 007-000-000
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Senate Floor Amendment No. 1 Rules Refers to Education
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Senate Floor Amendment No. 1 Referred to Rules
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
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Placed on Calendar Order of 3rd Reading March 29, 2006
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Approved for Consideration Rules
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Rule 2-10 Third Reading Deadline Extended to January 9, 2007
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Pursuant to Senate Rule 3-9(b) / Referred to Rules
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Rule 2-10 Third Reading Deadline Extended to December 31, 2005
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Placed on Calendar Order of 3rd Reading ** April 15, 2005
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Placed on Calendar Order of 3rd Reading April 7, 2005
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Second Reading
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Placed on Calendar Order of 2nd Reading April 6, 2005
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Do Pass Education; 007-004-000
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Assigned to Education
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Referred to Rules
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First Reading
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Chief Co-Sponsor Sen. Emil Jones, Jr.
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Filed with Secretary by Sen. Kimberly A. Lightford
Sponsors
- Jr. James F. Clayborne · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 4 voted No
Sponsors (0)
None.
Co-sponsors (1)
- James F. Clayborne, Jr.
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 38 | 0 | 15 |
| Democrat | 7 | 1 | 0 | 1 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 60 | 42 | 0 | 16 |
| % of votes cast | 51% | 36% | 0% | 14% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sacia | — | Nay |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Schock | — | Nay |
| Madigan | — | Yea |
| Acevedo | — | Yea |
| Bassi | — | Nay |
| Mathias | — | Nay |
| Beaubien | — | Yea |
| Beiser | — | Nay |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Nay |
| Black | — | Not Voting |
| Boland | — | Yea |
| May | — | Nay |
| Bost | — | Yea |
| Brauer | — | Nay |
| Brosnahan | — | Yea |
| Mendoza | — | Yea |
| Molaro | — | Yea |
| Daniels | — | Not Voting |
| Dunn | — | Not Voting |
| Fritchey | — | Nay |
| Froehlich | — | Yea |
| Graham | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Jefferson | — | Nay |
| Jenisch | — | Nay |
| Lang | — | Yea |
| Leitch | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Meyer | — | Yea |
| Moffitt | — | Yea |
| Reitz | — | Yea |
| Scully | — | Yea |
| Soto | — | Yea |
| McGuire | — | Yea |
| Burke | — | Yea |
| Mitchell, Jerry | — | Yea |
| Hannig | — | Yea |
| Chavez | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Flowers | — | Yea |
| Giles | — | Yea |
| Golar | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Krause | — | Nay |
| Lindner | — | Not Voting |
| Howard | — | Yea |
| Mulligan | — | Yea |
| Davis, Monique | — | Yea |
| Munson | — | Nay |
| Myers | — | Nay |
| Nekritz | — | Yea |
| Osmond | — | Not Voting |
| Phelps | — | Nay |
| Pritchard | — | Nay |
| Sommer | — | Nay |
| Bradley, John | — | Nay |
| Brady | — | Nay |
| Tenhouse | — | Nay |
| Tryon | — | Nay |
| Mitchell, Bill | — | Nay |
| Sullivan | — | Nay |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Watson | — | Nay |
| Washington | — | Yea |
| Winters | — | Yea |
| Lyons | — | Not Voting |
| Yarbrough | — | Not Voting |
| Bradley, Richard | — | Not Voting |
| Younge | — | Yea |
| Jones | — | Not Voting |
| Churchill | — | Nay |
| Colvin | — | Not Voting |
| Coulson | — | Not Voting |
| Cross | — | Yea |
| Cultra | — | Nay |
| Currie | — | Not Voting |
| D'Amico | — | Nay |
| Dugan | — | Nay |
| Dunkin | — | Nay |
| Flider | — | Nay |
| Franks | — | Nay |
| Gordon | — | Nay |
| Hultgren | — | Nay |
| Jakobsson | — | Nay |
| Kosel | — | Nay |
| Pihos | — | Not Voting |
| Osterman | — | Yea |
| Parke | — | Nay |
| Patterson | — | Not Voting |
| Poe | — | Yea |
| Ramey | — | Yea |
| Reis | — | Nay |
| Ryg | — | Nay |
| Chapa LaVia | — | Not Voting |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Nay |
| Robert "Bob" Rita | Democrat | Not Voting |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Nay |
| Chapin Rose | Republican | Nay |
| Chris Miller | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Lauzen | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Axley | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Garrett | — | Yea |
| Halvorson | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Pankau | — | Yea |
| Peterson | — | Yea |
| Schoenberg | — | Yea |
| Brady | — | Yea |
| Munoz | — | Yea |
| Shadid | — | Yea |
| Sullivan | — | Yea |
| Trotter | — | Yea |
| Petka | — | Yea |
| Viverito | — | Yea |
| Jacobs | — | Yea |
| Wilhelmi | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Winkel | — | Yea |
| Demuzio | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Not Voting |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Geo-Karis | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 857 do?
- Amends the School Code. Makes a technical change in a Section concerning the Chicago school district.
- Who sponsors SB 857?
- SB 857 is sponsored by James F. Clayborne, Jr..
- What is the current status of SB 857?
- This bill has been enacted into law. Introduced February 18, 2005. Enacted.
- Where can I track SB 857?
- Track SB 857 free on One Click Politics — get push/email alerts when it moves.
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