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91_SB0475enr SB475 Enrolled LRB9103479NTsb 1 AN ACT to amend the School Code by changing Section 5-1. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Section 5-1 as follows: 6 (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) 7 Sec. 5-1. County school units. 8 (a) The territory in each county, exclusive of any 9 school district governed by any special act which requires 10 the district to appoint its own school treasurer, shall 11 constitute a county school unit. County school units of less 12 than 2,000,000 inhabitants shall be known as Class I county 13 school units and the office of township trustees, where 14 existing on July 1, 1962, in such units shall be abolished on 15 that date and all books and records of such former township 16 trustees shall be forthwith thereafter transferred to the 17 county board of school trustees. County school units of 18 2,000,000 or more inhabitants shall be known as Class II 19 county school units and shall retain the office of township 20 trustees unless otherwise provided in subsection (b) or (c). 21 (b) Notwithstanding subsections (a) and (c), the school 22 board of any elementary school district having a fall, 1989 23 aggregate enrollment of at least 2,500 but less than 6,500 24 pupils and having boundaries that are coterminous with the 25 boundaries of a high school district, and the school board of 26 any high school district having a fall, 1989 aggregate 27 enrollment of at least 2,500 but less than 6,500 pupils and 28 having boundaries that are coterminous with the boundaries of 29 an elementary school district, may, whenever the territory of 30 such school district forms a part of a Class II county school 31 unit, by proper resolution withdraw such school district from SB475 Enrolled -2- LRB9103479NTsb 1 the jurisdiction and authority of the trustees of schools of 2 the township in which such school district is located and 3 from the jurisdiction and authority of the township treasurer 4 in such Class II county school unit; provided that the school 5 board of any such school district shall, upon the adoption 6 and passage of such resolution, thereupon elect or appoint 7 its own school treasurer as provided in Section 8-1. Upon 8 the adoption and passage of such resolution and the election 9 or appointment by the school board of its own school 10 treasurer: (1) the trustees of schools in such township shall 11 no longer have or exercise any powers and duties with respect 12 to the school district governed by such school board or with 13 respect to the school business, operations or assets of such 14 school district; and (2) all books and records of the 15 township trustees relating to the school business and affairs 16 of such school district shall be transferred and delivered to 17 the school board of such school district. Upon the effective 18 date of this amendatory Act of 1993, the legal title to, and 19 all right, title and interest formerly held by the township 20 trustees in any school buildings and school sites used and 21 occupied by the school board of such school district for 22 school purposes, that legal title, right, title and interest 23 thereafter having been transferred to and vested in the 24 regional board of school trustees under P.A. 87-473 until the 25 abolition of that regional board of school trustees by P.A. 26 87-969, shall be deemed transferred by operation of law to 27 and shall vest in the school board of that school district. 28 (c) Notwithstanding the provisions of subsection (a), 29 the offices of township treasurer and trustee of schools of 30 any township located in a Class II county school unit shall 31 be abolished as provided in this subsection if all of the 32 following conditions are met: 33 (1) During the same 30 day period, each school 34 board of each elementary and unit school district that is SB475 Enrolled -3- LRB9103479NTsb 1 subject to the jurisdiction and authority of the township 2 treasurer and trustees of schools of the township in 3 which those offices are sought to be abolished gives 4 written notice by certified mail, return receipt 5 requested to the township treasurer and trustees of 6 schools of that township of the date of a meeting of the 7 school board, to be held not more than 90 nor less than 8 60 days after the date when the notice is given, at which 9 meeting the school board is to consider and vote upon the 10 question of whether there shall be submitted to the 11 electors of the school district a proposition to abolish 12 the offices of township treasurer and trustee of schools 13 of that township. None of the notices given under this 14 paragraph to the township treasurer and trustees of 15 schools of a township shall be deemed sufficient or in 16 compliance with the requirements of this paragraph unless 17 all of those notices are given within the same 30 day 18 period. 19 (2) Each school board of each elementary and unit 20 school district that is subject to the jurisdiction and 21 authority of the township treasurer and trustees of 22 schools of the township in which those offices are sought 23 to be abolished, by the affirmative vote of at least 5 24 members of the school board at a school board meeting of 25 which notice is given as required by paragraph (1) of 26 this subsection, adopts a resolution requiring the 27 secretary of the school board to certify to the proper 28 election authorities for submission to the electors of 29 the school district at the next nonpartisan election in 30 accordance with the general election law a proposition to 31 abolish the offices of township treasurer and trustee of 32 schools of that township. None of the resolutions adopted 33 under this paragraph by any elementary or unit school 34 districts that are subject to the jurisdiction and SB475 Enrolled -4- LRB9103479NTsb 1 authority of the township treasurer and trustees of 2 schools of the township in which those offices are sought 3 to be abolished shall be deemed in compliance with the 4 requirements of this paragraph or sufficient to authorize 5 submission of the proposition to abolish those offices to 6 a referendum of the electors in any such school district 7 unless all of the school boards of all of the elementary 8 and unit school districts that are subject to the 9 jurisdiction and authority of the township treasurer and 10 trustees of schools of that township adopt such a 11 resolution in accordance with the provisions of this 12 paragraph. 13 (3) The school boards of all of the elementary and 14 unit school districts that are subject to the 15 jurisdiction and authority of the township treasurer and 16 trustees of schools of the township in which those 17 offices are sought to be abolished submit a proposition 18 to abolish the offices of township treasurer and trustee 19 of schools of that township to the electors of their 20 respective school districts at the same nonpartisan 21 election in accordance with the general election law, the 22 ballot in each such district to be in substantially the 23 following form: 24 OFFICIAL BALLOT 25 Shall the offices of township 26 treasurer and YES 27 trustee of --------------- 28 schools of Township ..... NO 29 Range ..... be abolished? 30 (4) At the nonpartisan election at which the 31 proposition to abolish the offices of township treasurer 32 and trustee of schools of a township is submitted to the 33 electors of each elementary and unit school district that 34 is subject to the jurisdiction and authority of the SB475 Enrolled -5- LRB9103479NTsb 1 township treasurer and trustee of schools of that 2 township, a majority of the electors voting on the 3 proposition in each such elementary and unit school 4 district votes in favor of the proposition as submitted 5 to them. 6 If in each elementary and unit school district that is 7 subject to the jurisdiction and authority of the township 8 treasurer and trustees of schools of the township in which 9 those offices are sought to be abolished a majority of the 10 electors in each such district voting at the nonpartisan 11 election on the proposition to abolish the offices of 12 township treasurer and trustee of schools of that township 13 votes in favor of the proposition as submitted to them, the 14 proposition shall be deemed to have passed; but if in any 15 such elementary or unit school district a majority of the 16 electors voting on that proposition in that district fails to 17 vote in favor of the proposition as submitted to them, then 18 notwithstanding the vote of the electors in any other such 19 elementary or unit school district on that proposition the 20 proposition shall not be deemed to have passed in any of 21 those elementary or unit school districts, and the offices of 22 township treasurer and trustee of schools of the township in 23 which those offices were sought to be abolished shall not be 24 abolished, unless in each of those elementary and unit school 25 districts remaining subject to the jurisdiction and authority 26 of the township treasurer and trustees of schools of that 27 township proceedings are again initiated to abolish those 28 offices and all of the proceedings and conditions prescribed 29 in paragraphs (1) through (4) of this subsection are repeated 30 and met in each of those elementary and unit school 31 districts. 32 Notwithstanding the foregoing provisions of this Section 33 or any other provision of the School Code, the offices of 34 township treasurer and trustee of schools of a township that SB475 Enrolled -6- LRB9103479NTsb 1 has a population of less than 200,000 and that contains a 2 unit school district and is located in a Class II county 3 school unit shall also be abolished as provided in this 4 subsection if all of the conditions set forth in paragraphs 5 (1), (2), and (3) of this subsection are met and if the 6 following additional condition is met: 7 The electors in all of the school districts subject 8 to the jurisdiction and authority of the township 9 treasurer and trustees of schools of the township in 10 which those offices are sought to be abolished shall vote 11 at the nonpartisan election on the proposition to abolish 12 the offices of township treasurer and trustee of schools 13 of that township. If a majority of the electors in all 14 of the school districts combined voting on the 15 proposition vote in favor of the proposition, then the 16 proposition shall be deemed to have passed; but if a 17 majority of the electors voting on the proposition in all 18 of the school district fails to vote in favor of the 19 proposition as submitted to them, then the proposition 20 shall not be deemed to have passed and the offices of 21 township treasurer and trustee of schools of the township 22 in which those offices were sought to be abolished shall 23 not be abolished, unless and until the proceedings 24 detailed in paragraphs (1) through (3) of this subsection 25 and the conditions set forth in this paragraph are met. 26 If the proposition to abolish the offices of township 27 treasurer and trustee of schools of a township is deemed to 28 have passed at the nonpartisan election as provided in this 29 subsection, those offices shall be deemed abolished by 30 operation of law effective on July 1 of the calendar year 31 immediately following the calendar year in which that 32 nonpartisan election is held. On July 1 of the calendar year 33 in which the offices of township treasurer and trustee of 34 schools of a township are deemed abolished by operation of SB475 Enrolled -7- LRB9103479NTsb 1 law, the school board of each elementary and unit school 2 district and the school board of each high school district 3 that is subject to the jurisdiction and authority of the 4 township treasurer and trustees of schools of that township 5 at the time those offices are abolished: (i) shall appoint 6 its own school treasurer as provided in Section 8-1; and (ii) 7 unless the term of the contract of a township treasurer 8 expires on the date that the office of township treasurer is 9 abolished, shall pay to the former township treasurer its 10 proportionate share of any aggregate compensation that, were 11 the office of township treasurer not abolished on July 1 of 12 that calendar year, would have been payable to the former 13 township treasurer after that date over the remainder of the 14 term of the contract of the former township treasurer that 15 began prior to but ends after that date. In addition, on July 16 1 of the calendar year in which the offices of township 17 treasurer and trustee of schools of a township are deemed 18 abolished as provided in this subsection, the school board of 19 each elementary school, high school and unit school district 20 that until that date is subject to the jurisdiction and 21 authority of the township treasurer and trustees of schools 22 of that township shall be deemed by operation of law to have 23 agreed and assumed to pay and, when determined, shall pay to 24 the Illinois Municipal Retirement Fund a proportionate share 25 of the unfunded liability existing in that Fund on July 1 of 26 that calendar year for all annuities or other benefits then 27 or thereafter to become payable from that Fund with respect 28 to all periods of service performed prior to that date as a 29 participating employee in that Fund by persons serving during 30 those periods of service as a trustee of schools, township 31 treasurer or regular employee in the office of the township 32 treasurer of that township. That unfunded liability shall be 33 actuarially determined by the board of trustees of the 34 Illinois Municipal Retirement Fund, and the board of trustees SB475 Enrolled -8- LRB9103479NTsb 1 shall thereupon notify each school board required to pay a 2 proportionate share of that unfunded liability of the 3 aggregate amount of the unfunded liability so determined. The 4 amount so paid to the Illinois Municipal Retirement Fund by 5 each of those school districts shall be credited to the 6 account of the township in that Fund. For each elementary 7 school, high school and unit school district under the 8 jurisdiction and authority of a township treasurer and 9 trustees of schools of a township in which those offices are 10 abolished as provided in this subsection, each such 11 district's proportionate share of the aggregate compensation 12 payable to the former township treasurer as provided in this 13 paragraph and each such district's proportionate share of the 14 aggregate amount of the unfunded liability payable to the 15 Illinois Municipal Retirement Fund as provided in this 16 paragraph shall be computed in accordance with the ratio that 17 the number of pupils in average daily attendance in each such 18 district as reported in schedules prepared under Section 19 24-19 for the school year last ending prior to the date on 20 which the offices of township treasurer and trustee of 21 schools of that township are abolished bears to the aggregate 22 number of pupils in average daily attendance in all of those 23 districts as so reported for that school year. 24 Upon abolition of the offices of township treasurer and 25 trustee of schools of a township as provided in this 26 subsection: (i) the regional board of school trustees, in its 27 corporate capacity, shall be deemed the successor in interest 28 to the former trustees of schools of that township with 29 respect to the common school lands and township loanable 30 funds of the township; (ii) all right, title and interest 31 existing or vested in the former trustees of schools of that 32 township in the common school lands and township loanable 33 funds of the township, and all records, moneys, securities 34 and other assets, rights of property and causes of action SB475 Enrolled -9- LRB9103479NTsb 1 pertaining to or constituting a part of those common school 2 lands or township loanable funds, shall be transferred to and 3 deemed vested by operation of law in the regional board of 4 school trustees, which shall hold legal title to, manage and 5 operate all common school lands and township loanable funds 6 of the township, receive the rents, issues and profits 7 therefrom, and have and exercise with respect thereto the 8 same powers and duties as are provided by this Code to be 9 exercised by regional boards of school trustees when acting 10 as township land commissioners in counties having at least 11 220,000 but fewer than 2,000,000 inhabitants; (iii) the 12 regional board of school trustees shall select to serve as 13 its treasurer with respect to the common school lands and 14 township loanable funds of the township a person from time to 15 time also serving as the appointed school treasurer of any 16 school district that was subject to the jurisdiction and 17 authority of the township treasurer and trustees of schools 18 of that township at the time those offices were abolished, 19 and the person selected to also serve as treasurer of the 20 regional board of school trustees shall have his compensation 21 for services in that capacity fixed by the regional board of 22 school trustees, to be paid from the township loanable funds, 23 and shall make to the regional board of school trustees the 24 reports required to be made by treasurers of township land 25 commissioners, give bond as required by treasurers of 26 township land commissioners, and perform the duties and 27 exercise the powers of treasurers of township land 28 commissioners; (iv) the regional board of school trustees 29 shall designate in the manner provided by Section 8-7, 30 insofar as applicable, a depositary for its treasurer, and 31 the proceeds of all rents, issues and profits from the common 32 school lands and township loanable funds of that township 33 shall be deposited and held in the account maintained for 34 those purposes with that depositary and shall be expended and SB475 Enrolled -10- LRB9103479NTsb 1 distributed therefrom as provided in Section 15-24 and other 2 applicable provisions of this Code; and (v) whenever there is 3 vested in the trustees of schools of a township at the time 4 that office is abolished under this subsection the legal 5 title to any school buildings or school sites used or 6 occupied for school purposes by any elementary school, high 7 school or unit school district subject to the jurisdiction 8 and authority of those trustees of school at the time that 9 office is abolished, the legal title to those school 10 buildings and school sites shall be deemed transferred by 11 operation of law to and invested in the school board of that 12 school district, in its corporate capacity Section 7-28, the 13 same to be held, sold, exchanged leased or otherwise 14 transferred in accordance with applicable provisions of this 15 Code. 16 Notwithstanding Section 2-3.25g of this Code, a waiver of 17 a mandate established under this Section may not be 18 requested. 19 (Source: P.A. 88-155; 89-560, eff. 7-26-96.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.