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Public Act 92-0448
HB1908 Enrolled LRB9206021MWmb
AN ACT concerning schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 5-1 as follows:
(105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
Sec. 5-1. County school units.
(a) The territory in each county, exclusive of any
school district governed by any special act which requires
the district to appoint its own school treasurer, shall
constitute a county school unit. County school units of less
than 2,000,000 inhabitants shall be known as Class I county
school units and the office of township trustees, where
existing on July 1, 1962, in such units shall be abolished on
that date and all books and records of such former township
trustees shall be forthwith thereafter transferred to the
county board of school trustees. County school units of
2,000,000 or more inhabitants shall be known as Class II
county school units and shall retain the office of township
trustees unless otherwise provided in subsection (b) or (c).
(b) Notwithstanding subsections (a) and (c), the school
board of any elementary school district having a fall, 1989
aggregate enrollment of at least 2,500 but less than 6,500
pupils and having boundaries that are coterminous with the
boundaries of a high school district, and the school board of
any high school district having a fall, 1989 aggregate
enrollment of at least 2,500 but less than 6,500 pupils and
having boundaries that are coterminous with the boundaries of
an elementary school district, may, whenever the territory of
such school district forms a part of a Class II county school
unit, by proper resolution withdraw such school district from
the jurisdiction and authority of the trustees of schools of
the township in which such school district is located and
from the jurisdiction and authority of the township treasurer
in such Class II county school unit; provided that the school
board of any such school district shall, upon the adoption
and passage of such resolution, thereupon elect or appoint
its own school treasurer as provided in Section 8-1. Upon
the adoption and passage of such resolution and the election
or appointment by the school board of its own school
treasurer: (1) the trustees of schools in such township shall
no longer have or exercise any powers and duties with respect
to the school district governed by such school board or with
respect to the school business, operations or assets of such
school district; and (2) all books and records of the
township trustees relating to the school business and affairs
of such school district shall be transferred and delivered to
the school board of such school district. Upon the effective
date of this amendatory Act of 1993, the legal title to, and
all right, title and interest formerly held by the township
trustees in any school buildings and school sites used and
occupied by the school board of such school district for
school purposes, that legal title, right, title and interest
thereafter having been transferred to and vested in the
regional board of school trustees under P.A. 87-473 until the
abolition of that regional board of school trustees by P.A.
87-969, shall be deemed transferred by operation of law to
and shall vest in the school board of that school district.
(c) Notwithstanding the provisions of subsection (a),
the offices of township treasurer and trustee of schools of
any township located in a Class II county school unit shall
be abolished as provided in this subsection if all of the
following conditions are met:
(1) During the same 30 day period, each school
board of each elementary and unit school district that is
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in
which those offices are sought to be abolished gives
written notice by certified mail, return receipt
requested to the township treasurer and trustees of
schools of that township of the date of a meeting of the
school board, to be held not more than 90 nor less than
60 days after the date when the notice is given, at which
meeting the school board is to consider and vote upon the
question of whether there shall be submitted to the
electors of the school district a proposition to abolish
the offices of township treasurer and trustee of schools
of that township. None of the notices given under this
paragraph to the township treasurer and trustees of
schools of a township shall be deemed sufficient or in
compliance with the requirements of this paragraph unless
all of those notices are given within the same 30 day
period.
(2) Each school board of each elementary and unit
school district that is subject to the jurisdiction and
authority of the township treasurer and trustees of
schools of the township in which those offices are sought
to be abolished, by the affirmative vote of at least 5
members of the school board at a school board meeting of
which notice is given as required by paragraph (1) of
this subsection, adopts a resolution requiring the
secretary of the school board to certify to the proper
election authorities for submission to the electors of
the school district at the next consolidated nonpartisan
election in accordance with the general election law a
proposition to abolish the offices of township treasurer
and trustee of schools of that township. None of the
resolutions adopted under this paragraph by any
elementary or unit school districts that are subject to
the jurisdiction and authority of the township treasurer
and trustees of schools of the township in which those
offices are sought to be abolished shall be deemed in
compliance with the requirements of this paragraph or
sufficient to authorize submission of the proposition to
abolish those offices to a referendum of the electors in
any such school district unless all of the school boards
of all of the elementary and unit school districts that
are subject to the jurisdiction and authority of the
township treasurer and trustees of schools of that
township adopt such a resolution in accordance with the
provisions of this paragraph.
(3) The school boards of all of the elementary and
unit school districts that are subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of the township in which those
offices are sought to be abolished submit a proposition
to abolish the offices of township treasurer and trustee
of schools of that township to the electors of their
respective school districts at the same consolidated
nonpartisan election in accordance with the general
election law, the ballot in each such district to be in
substantially the following form:
OFFICIAL BALLOT
Shall the offices of township
treasurer and YES
trustee of ---------------
schools of Township ..... NO
Range ..... be abolished?
(4) At the consolidated nonpartisan election at
which the proposition to abolish the offices of township
treasurer and trustee of schools of a township is
submitted to the electors of each elementary and unit
school district that is subject to the jurisdiction and
authority of the township treasurer and trustee of
schools of that township, a majority of the electors
voting on the proposition in each such elementary and
unit school district votes in favor of the proposition as
submitted to them.
If in each elementary and unit school district that is
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in which
those offices are sought to be abolished a majority of the
electors in each such district voting at the consolidated
nonpartisan election on the proposition to abolish the
offices of township treasurer and trustee of schools of that
township votes in favor of the proposition as submitted to
them, the proposition shall be deemed to have passed; but if
in any such elementary or unit school district a majority of
the electors voting on that proposition in that district
fails to vote in favor of the proposition as submitted to
them, then notwithstanding the vote of the electors in any
other such elementary or unit school district on that
proposition the proposition shall not be deemed to have
passed in any of those elementary or unit school districts,
and the offices of township treasurer and trustee of schools
of the township in which those offices were sought to be
abolished shall not be abolished, unless in each of those
elementary and unit school districts remaining subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of that township proceedings are again
initiated to abolish those offices and all of the proceedings
and conditions prescribed in paragraphs (1) through (4) of
this subsection are repeated and met in each of those
elementary and unit school districts.
Notwithstanding the foregoing provisions of this Section
or any other provision of the School Code, the offices of
township treasurer and trustee of schools of a township that
has a population of less than 200,000 and that contains a
unit school district and is located in a Class II county
school unit shall also be abolished as provided in this
subsection if all of the conditions set forth in paragraphs
(1), (2), and (3) of this subsection are met and if the
following additional condition is met:
The electors in all of the school districts subject
to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in
which those offices are sought to be abolished shall vote
at the consolidated nonpartisan election on the
proposition to abolish the offices of township treasurer
and trustee of schools of that township. If a majority
of the electors in all of the school districts combined
voting on the proposition vote in favor of the
proposition, then the proposition shall be deemed to have
passed; but if a majority of the electors voting on the
proposition in all of the school district fails to vote
in favor of the proposition as submitted to them, then
the proposition shall not be deemed to have passed and
the offices of township treasurer and trustee of schools
of the township in which those offices were sought to be
abolished shall not be abolished, unless and until the
proceedings detailed in paragraphs (1) through (3) of
this subsection and the conditions set forth in this
paragraph are met.
If the proposition to abolish the offices of township
treasurer and trustee of schools of a township is deemed to
have passed at the consolidated nonpartisan election as
provided in this subsection, those offices shall be deemed
abolished by operation of law effective on January 1 July 1
of the calendar year immediately following the calendar year
in which that consolidated nonpartisan election is held,
provided that if after the election, the trustees of schools
by resolution elect to abolish the offices of township
treasurer and trustee of schools effective on July 1
immediately following the election, then the offices shall be
abolished on July 1 immediately following the election. On
the date that July 1 of the calendar year in which the
offices of township treasurer and trustee of schools of a
township are deemed abolished by operation of law, the school
board of each elementary and unit school district and the
school board of each high school district that is subject to
the jurisdiction and authority of the township treasurer and
trustees of schools of that township at the time those
offices are abolished: (i) shall appoint its own school
treasurer as provided in Section 8-1; and (ii) unless the
term of the contract of a township treasurer expires on the
date that the office of township treasurer is abolished,
shall pay to the former township treasurer its proportionate
share of any aggregate compensation that, were the office of
township treasurer not abolished at that time on July 1 of
that calendar year, would have been payable to the former
township treasurer after that date over the remainder of the
term of the contract of the former township treasurer that
began prior to but ends after that date. In addition, on the
date that on July 1 of the calendar year in which the offices
of township treasurer and trustee of schools of a township
are deemed abolished as provided in this subsection, the
school board of each elementary school, high school and unit
school district that until that date is subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of that township shall be deemed by
operation of law to have agreed and assumed to pay and, when
determined, shall pay to the Illinois Municipal Retirement
Fund a proportionate share of the unfunded liability existing
in that Fund at the time these offices are abolished in on
July 1 of that calendar year for all annuities or other
benefits then or thereafter to become payable from that Fund
with respect to all periods of service performed prior to
that date as a participating employee in that Fund by persons
serving during those periods of service as a trustee of
schools, township treasurer or regular employee in the office
of the township treasurer of that township. That unfunded
liability shall be actuarially determined by the board of
trustees of the Illinois Municipal Retirement Fund, and the
board of trustees shall thereupon notify each school board
required to pay a proportionate share of that unfunded
liability of the aggregate amount of the unfunded liability
so determined. The amount so paid to the Illinois Municipal
Retirement Fund by each of those school districts shall be
credited to the account of the township in that Fund. For
each elementary school, high school and unit school district
under the jurisdiction and authority of a township treasurer
and trustees of schools of a township in which those offices
are abolished as provided in this subsection, each such
district's proportionate share of the aggregate compensation
payable to the former township treasurer as provided in this
paragraph and each such district's proportionate share of the
aggregate amount of the unfunded liability payable to the
Illinois Municipal Retirement Fund as provided in this
paragraph shall be computed in accordance with the ratio that
the number of pupils in average daily attendance in each such
district as reported in schedules prepared under Section
24-19 for the school year last ending prior to the date on
which the offices of township treasurer and trustee of
schools of that township are abolished bears to the aggregate
number of pupils in average daily attendance in all of those
districts as so reported for that school year.
Upon abolition of the offices of township treasurer and
trustee of schools of a township as provided in this
subsection: (i) the regional board of school trustees, in its
corporate capacity, shall be deemed the successor in interest
to the former trustees of schools of that township with
respect to the common school lands and township loanable
funds of the township; (ii) all right, title and interest
existing or vested in the former trustees of schools of that
township in the common school lands and township loanable
funds of the township, and all records, moneys, securities
and other assets, rights of property and causes of action
pertaining to or constituting a part of those common school
lands or township loanable funds, shall be transferred to and
deemed vested by operation of law in the regional board of
school trustees, which shall hold legal title to, manage and
operate all common school lands and township loanable funds
of the township, receive the rents, issues and profits
therefrom, and have and exercise with respect thereto the
same powers and duties as are provided by this Code to be
exercised by regional boards of school trustees when acting
as township land commissioners in counties having at least
220,000 but fewer than 2,000,000 inhabitants; (iii) the
regional board of school trustees shall select to serve as
its treasurer with respect to the common school lands and
township loanable funds of the township a person from time to
time also serving as the appointed school treasurer of any
school district that was subject to the jurisdiction and
authority of the township treasurer and trustees of schools
of that township at the time those offices were abolished,
and the person selected to also serve as treasurer of the
regional board of school trustees shall have his compensation
for services in that capacity fixed by the regional board of
school trustees, to be paid from the township loanable funds,
and shall make to the regional board of school trustees the
reports required to be made by treasurers of township land
commissioners, give bond as required by treasurers of
township land commissioners, and perform the duties and
exercise the powers of treasurers of township land
commissioners; (iv) the regional board of school trustees
shall designate in the manner provided by Section 8-7,
insofar as applicable, a depositary for its treasurer, and
the proceeds of all rents, issues and profits from the common
school lands and township loanable funds of that township
shall be deposited and held in the account maintained for
those purposes with that depositary and shall be expended and
distributed therefrom as provided in Section 15-24 and other
applicable provisions of this Code; and (v) whenever there is
vested in the trustees of schools of a township at the time
that office is abolished under this subsection the legal
title to any school buildings or school sites used or
occupied for school purposes by any elementary school, high
school or unit school district subject to the jurisdiction
and authority of those trustees of school at the time that
office is abolished, the legal title to those school
buildings and school sites shall be deemed transferred by
operation of law to and invested in the school board of that
school district, in its corporate capacity Section 7-28, the
same to be held, sold, exchanged leased or otherwise
transferred in accordance with applicable provisions of this
Code.
Notwithstanding Section 2-3.25g of this Code, a waiver of
a mandate established under this Section may not be
requested.
(Source: P.A. 91-269, eff. 7-23-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2001.
Approved August 21, 2001.
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