101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5356

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/5-1a  from Ch. 122, par. 5-1a

    Amends the Trustees of Schools Article of the School Code. Allows the school board of a high school district located in a Class II county school unit to withdraw from the jurisdiction and authority of the trustees of schools and the township treasurer of a township in which all or any part of the school district is located if the school boards of the underlying elementary school districts whose territory includes all or any part of the territory included within that high school district and whose student population represents at least 50% of the total student population of that high school district consent to the proposed withdrawal. Provides that if consent is received and a resolution is adopted and passed, the school board of the withdrawing school district must elect or appoint its own school treasurer. Thereafter, provides that the trustees of schools shall no longer have or exercise any powers and duties with respect to the school district or the school district's business, operations, or assets; requires the township trustees to transfer and deliver to the school board all books and records relating to the school district's business and affairs; and provides that legal title to school buildings and school sites located within the school district shall be deemed transferred by operation of law to and shall vest in the school board. Effective immediately.


LRB101 16923 CMG 66322 b

 

 

A BILL FOR

 

HB5356LRB101 16923 CMG 66322 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 School Code is amended by changing Section
55-1a as follows:
 
6    (105 ILCS 5/5-1a)  (from Ch. 122, par. 5-1a)
7    Sec. 5-1a. High school districts.
8    (a) Notwithstanding any other provision of this Article or
9the School Code, the school board of any high school district
10that is located in a Class II county school unit and that on or
11after the effective date of this amendatory Act of 1991 is
12subject to the jurisdiction and authority of a township
13treasurer and trustees of schools of a township in which all or
14any part of that school district is located may not withdraw
15from the jurisdiction and authority of that township treasurer
16and those trustees of schools and transfer or otherwise submit
17to the jurisdiction and authority of a township treasurer or
18trustees of school of another township, unless the school
19boards of the board of each underlying elementary school
20districts district whose territory includes all or any part of
21the territory included within that high school district and
22whose student population represents at least 50% of the total
23student population of that high school district, by resolution,

 

 

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1consent consents to the proposed withdrawal by the school board
2of that high school district from the jurisdiction and
3authority of the township treasurer and trustees of schools of
4the township to which that high school district is subject and
5the transfer or other submission by the school board of that
6high school district to the jurisdiction and authority of a
7township treasurer or trustees of schools of another township.
8    Upon withdrawal under this Section by proper resolution,
9the school board of the withdrawing school district shall, upon
10the adoption and passage of a resolution, elect or appoint its
11own school treasurer as provided in Section 8-1. Upon the
12adoption and passage of a resolution and the election or
13appointment by the school board of its own school treasurer:
14(1) the trustees of schools shall no longer have or exercise
15any powers and duties with respect to the school district
16governed by the school board or with respect to the school
17business, operations, or assets of the school district; and (2)
18all books and records of the township trustees relating to the
19school business and affairs of the school district shall be
20transferred and delivered to the school board of the school
21district. Upon withdrawal, the legal title to and all right,
22title, and interest formerly held by the township trustees in
23any school buildings and school sites used and occupied by the
24school board of the withdrawing school district for school
25purposes, that legal title, right, title, and interest
26thereafter having been transferred to and vested in the

 

 

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1regional board of school trustees under Public Act 87-473 until
2the abolition of that regional board of school trustees by
3Public Act 87-969, shall be deemed transferred by operation of
4law to and shall vest in the school board of that school
5district.
6    (b) A high school district that is subject to the
7jurisdiction and authority of the township treasurer and
8trustees of schools of a township in which those offices are
9abolished as provided in subsection (c) of Section 5-1 shall
10thereupon be required to appoint its own school treasurer as
11provided in paragraph (4) of subsection (c) of Section 5-1 and
12subsection (c) of Section 8-1, and shall be subject to and
13governed by the other changes made to the School Code by this
14amendatory Act of 1991, insofar as the same are applicable to a
15high school district.
16(Source: P.A. 87-473.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.