HB3152 EngrossedLRB098 08278 NHT 38380 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
55-1 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 school
9district governed by any special act which requires the
10district to appoint its own school treasurer, shall constitute
11a county school unit. County school units of less than
122,000,000 inhabitants shall be known as Class I county school
13units and the office of township trustees, where existing on
14July 1, 1962, in such units shall be abolished on that date and
15all books and records of such former township trustees shall be
16forthwith thereafter transferred to the county board of school
17trustees. County school units of 2,000,000 or more inhabitants
18shall be known as Class II county school units and shall retain
19the office of township trustees unless otherwise provided in
20subsection (b) or (c).
21    (b) Notwithstanding subsections (a) and (c), the school
22board of any elementary school district having a fall, 1989
23aggregate enrollment of at least 2,500 but less than 6,500

 

 

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1pupils and having boundaries that are coterminous with the
2boundaries of a high school district, and the school board of
3any high school district having a fall, 1989 aggregate
4enrollment of at least 2,500 but less than 6,500 pupils and
5having boundaries that are coterminous with the boundaries of
6an elementary school district, may, whenever the territory of
7such school district forms a part of a Class II county school
8unit, by proper resolution withdraw such school district from
9the jurisdiction and authority of the trustees of schools of
10the township in which such school district is located and from
11the jurisdiction and authority of the township treasurer in
12such Class II county school unit; provided that the school
13board of any such school district shall, upon the adoption and
14passage of such resolution, thereupon elect or appoint its own
15school treasurer as provided in Section 8-1. Upon the adoption
16and passage of such resolution and the election or appointment
17by the school board of its own school treasurer: (1) the
18trustees of schools in such township shall no longer have or
19exercise any powers and duties with respect to the school
20district governed by such school board or with respect to the
21school business, operations or assets of such school district;
22and (2) all books and records of the township trustees relating
23to the school business and affairs of such school district
24shall be transferred and delivered to the school board of such
25school district. Upon the effective date of this amendatory Act
26of 1993, the legal title to, and all right, title and interest

 

 

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1formerly held by the township trustees in any school buildings
2and school sites used and occupied by the school board of such
3school district for school purposes, that legal title, right,
4title and interest thereafter having been transferred to and
5vested in the regional board of school trustees under P.A.
687-473 until the abolition of that regional board of school
7trustees by P.A. 87-969, shall be deemed transferred by
8operation of law to and shall vest in the school board of that
9school district.
10    Notwithstanding subsections (a) and (c), the school boards
11of Oak Park & River Forest District 200, Oak Park Elementary
12School District 97, and River Forest School District 90 may, by
13proper resolution, withdraw from the jurisdiction and
14authority of the trustees of schools of Proviso and Cicero
15Townships and the township treasurer, provided that the school
16board shall, upon the adoption and passage of the resolution,
17elect or appoint its own school treasurer as provided in
18Section 8-1 of this Code. Upon the adoption and passage of the
19resolution and the election or appointment by the school board
20of its own school treasurer: (1) the trustees of schools in the
21township or townships shall no longer have or exercise any
22powers or duties with respect to the school district or with
23respect to the school business, operations, or assets of the
24school district; (2) all books and records of the trustees of
25schools and all moneys, securities, loanable funds, and other
26assets relating to the school business and affairs of the

 

 

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1school district shall be transferred and delivered to the
2school board; and (3) all legal title to and all right, title,
3and interest formerly held by the trustees of schools in any
4common school lands, school buildings, or school sites used and
5occupied by the school board and all rights of property and
6causes of action pertaining to or constituting a part of the
7common school lands, buildings, or sites shall be deemed
8transferred by operation of law to and shall vest in the school
9board.
10    Notwithstanding subsections (a) and (c), the respective
11school boards of Berwyn North School District 98, Berwyn South
12School District 100, Cicero School District 99, and J.S. Morton
13High School District 201 may, by proper resolution, withdraw
14from the jurisdiction and authority of the trustees of schools
15of Cicero Township and the township treasurer, provided that
16the school board shall, upon the adoption and passage of the
17resolution, elect or appoint its own school treasurer as
18provided in Section 8-1 of this Code. Upon the adoption and
19passage of the resolution and the election or appointment by
20the school board of its own school treasurer: (1) the trustees
21of schools in the township shall no longer have or exercise any
22powers or duties with respect to the school district or with
23respect to the school business, operations, or assets of the
24school district; (2) all books and records of the trustees of
25schools and all moneys, securities, loanable funds, and other
26assets relating to the school business and affairs of the

 

 

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1school district shall be transferred and delivered to the
2school board; and (3) all legal title to and all right, title,
3and interest formerly held by the trustees of schools in any
4common school lands, school buildings, or school sites used and
5occupied by the school board and all rights of property and
6causes of action pertaining to or constituting a part of the
7common school lands, buildings, or sites shall be deemed
8transferred by operation of law to and shall vest in the school
9board.
10    Notwithstanding subsections (a) and (c) of this Section,
11the school board of Lyons Township High School District 204
12may, by proper resolution, withdraw from the jurisdiction and
13authority of the trustees of schools of Lyons Township and the
14township treasurer, provided that the school board shall, upon
15the adoption and passage of the resolution, elect or appoint
16its own school treasurer as provided in Section 8-1 of this
17Code. Upon the adoption and passage of the resolution and the
18election or appointment by the school board of its own school
19treasurer: (1) the trustees of schools in the township shall no
20longer have or exercise any powers or duties with respect to
21the school district or with respect to the school business,
22operations, or assets of the school district; (2) all books and
23records of the trustees of schools and all moneys, securities,
24loanable funds, and other assets relating to the school
25business and affairs of the school district shall be
26transferred and delivered to the school board; and (3) all

 

 

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1legal title to and all right, title, and interest formerly held
2by the trustees of schools in any common school lands, school
3buildings, or school sites used and occupied by the school
4board and all rights of property and causes of action
5pertaining to or constituting a part of the common school
6lands, buildings, or sites shall be deemed transferred by
7operation of law to and shall vest in the school board.
8    (c) Notwithstanding the provisions of subsection (a), the
9offices of township treasurer and trustee of schools of any
10township located in a Class II county school unit shall be
11abolished as provided in this subsection if all of the
12following conditions are met:
13        (1) During the same 30 day period, each school board of
14    each elementary and unit school district that is subject to
15    the jurisdiction and authority of the township treasurer
16    and trustees of schools of the township in which those
17    offices are sought to be abolished gives written notice by
18    certified mail, return receipt requested to the township
19    treasurer and trustees of schools of that township of the
20    date of a meeting of the school board, to be held not more
21    than 90 nor less than 60 days after the date when the
22    notice is given, at which meeting the school board is to
23    consider and vote upon the question of whether there shall
24    be submitted to the electors of the school district a
25    proposition to abolish the offices of township treasurer
26    and trustee of schools of that township. None of the

 

 

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1    notices given under this paragraph to the township
2    treasurer and trustees of schools of a township shall be
3    deemed sufficient or in compliance with the requirements of
4    this paragraph unless all of those notices are given within
5    the same 30 day period.
6        (2) Each school board of each elementary and unit
7    school district that is subject to the jurisdiction and
8    authority of the township treasurer and trustees of schools
9    of the township in which those offices are sought to be
10    abolished, by the affirmative vote of at least 5 members of
11    the school board at a school board meeting of which notice
12    is given as required by paragraph (1) of this subsection,
13    adopts a resolution requiring the secretary of the school
14    board to certify to the proper election authorities for
15    submission to the electors of the school district at the
16    next consolidated election in accordance with the general
17    election law a proposition to abolish the offices of
18    township treasurer and trustee of schools of that township.
19    None of the resolutions adopted under this paragraph by any
20    elementary or unit school districts that are subject to the
21    jurisdiction and authority of the township treasurer and
22    trustees of schools of the township in which those offices
23    are sought to be abolished shall be deemed in compliance
24    with the requirements of this paragraph or sufficient to
25    authorize submission of the proposition to abolish those
26    offices to a referendum of the electors in any such school

 

 

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1    district unless all of the school boards of all of the
2    elementary and unit school districts that are subject to
3    the jurisdiction and authority of the township treasurer
4    and trustees of schools of that township adopt such a
5    resolution in accordance with the provisions of this
6    paragraph.
7        (3) The school boards of all of the elementary and unit
8    school districts that are subject to the jurisdiction and
9    authority of the township treasurer and trustees of schools
10    of the township in which those offices are sought to be
11    abolished submit a proposition to abolish the offices of
12    township treasurer and trustee of schools of that township
13    to the electors of their respective school districts at the
14    same consolidated election in accordance with the general
15    election law, the ballot in each such district to be in
16    substantially the following form:
17    -------------------------------------------------------------
18
OFFICIAL BALLOT
19            Shall the offices of township
20            treasurer and                       YES
21            trustee of                      -------------
22            schools of Township .....           NO
23            Range ..... be abolished?
24    -------------------------------------------------------------
25        (4) At the consolidated election at which the
26    proposition to abolish the offices of township treasurer

 

 

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1    and trustee of schools of a township is submitted to the
2    electors of each elementary and unit school district that
3    is subject to the jurisdiction and authority of the
4    township treasurer and trustee of schools of that township,
5    a majority of the electors voting on the proposition in
6    each such elementary and unit school district votes in
7    favor of the proposition as submitted to them.
8    If in each elementary and unit school district that is
9subject to the jurisdiction and authority of the township
10treasurer and trustees of schools of the township in which
11those offices are sought to be abolished a majority of the
12electors in each such district voting at the consolidated
13election on the proposition to abolish the offices of township
14treasurer and trustee of schools of that township votes in
15favor of the proposition as submitted to them, the proposition
16shall be deemed to have passed; but if in any such elementary
17or unit school district a majority of the electors voting on
18that proposition in that district fails to vote in favor of the
19proposition as submitted to them, then notwithstanding the vote
20of the electors in any other such elementary or unit school
21district on that proposition the proposition shall not be
22deemed to have passed in any of those elementary or unit school
23districts, and the offices of township treasurer and trustee of
24schools of the township in which those offices were sought to
25be abolished shall not be abolished, unless in each of those
26elementary and unit school districts remaining subject to the

 

 

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1jurisdiction and authority of the township treasurer and
2trustees of schools of that township proceedings are again
3initiated to abolish those offices and all of the proceedings
4and conditions prescribed in paragraphs (1) through (4) of this
5subsection are repeated and met in each of those elementary and
6unit school districts.
7    Notwithstanding the foregoing provisions of this Section
8or any other provision of the School Code, the offices of
9township treasurer and trustee of schools of a township that
10has a population of less than 200,000 and that contains a unit
11school district and is located in a Class II county school unit
12shall also be abolished as provided in this subsection if all
13of the conditions set forth in paragraphs (1), (2), and (3) of
14this subsection are met and if the following additional
15condition is met:
16        The electors in all of the school districts subject to
17    the jurisdiction and authority of the township treasurer
18    and trustees of schools of the township in which those
19    offices are sought to be abolished shall vote at the
20    consolidated election on the proposition to abolish the
21    offices of township treasurer and trustee of schools of
22    that township. If a majority of the electors in all of the
23    school districts combined voting on the proposition vote in
24    favor of the proposition, then the proposition shall be
25    deemed to have passed; but if a majority of the electors
26    voting on the proposition in all of the school district

 

 

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1    fails to vote in favor of the proposition as submitted to
2    them, then the proposition shall not be deemed to have
3    passed and the offices of township treasurer and trustee of
4    schools of the township in which those offices were sought
5    to be abolished shall not be abolished, unless and until
6    the proceedings detailed in paragraphs (1) through (3) of
7    this subsection and the conditions set forth in this
8    paragraph are met.
9    If the proposition to abolish the offices of township
10treasurer and trustee of schools of a township is deemed to
11have passed at the consolidated election as provided in this
12subsection, those offices shall be deemed abolished by
13operation of law effective on January 1 of the calendar year
14immediately following the calendar year in which that
15consolidated election is held, provided that if after the
16election, the trustees of schools by resolution elect to
17abolish the offices of township treasurer and trustee of
18schools effective on July 1 immediately following the election,
19then the offices shall be abolished on July 1 immediately
20following the election. On the date that the offices of
21township treasurer and trustee of schools of a township are
22deemed abolished by operation of law, the school board of each
23elementary and unit school district and the school board of
24each high school district that is subject to the jurisdiction
25and authority of the township treasurer and trustees of schools
26of that township at the time those offices are abolished: (i)

 

 

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1shall appoint its own school treasurer as provided in Section
28-1; and (ii) unless the term of the contract of a township
3treasurer expires on the date that the office of township
4treasurer is abolished, shall pay to the former township
5treasurer its proportionate share of any aggregate
6compensation that, were the office of township treasurer not
7abolished at that time, would have been payable to the former
8township treasurer after that date over the remainder of the
9term of the contract of the former township treasurer that
10began prior to but ends after that date. In addition, on the
11date that the offices of township treasurer and trustee of
12schools of a township are deemed abolished as provided in this
13subsection, the school board of each elementary school, high
14school and unit school district that until that date is subject
15to the jurisdiction and authority of the township treasurer and
16trustees of schools of that township shall be deemed by
17operation of law to have agreed and assumed to pay and, when
18determined, shall pay to the Illinois Municipal Retirement Fund
19a proportionate share of the unfunded liability existing in
20that Fund at the time these offices are abolished in that
21calendar year for all annuities or other benefits then or
22thereafter to become payable from that Fund with respect to all
23periods of service performed prior to that date as a
24participating employee in that Fund by persons serving during
25those periods of service as a trustee of schools, township
26treasurer or regular employee in the office of the township

 

 

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1treasurer of that township. That unfunded liability shall be
2actuarially determined by the board of trustees of the Illinois
3Municipal Retirement Fund, and the board of trustees shall
4thereupon notify each school board required to pay a
5proportionate share of that unfunded liability of the aggregate
6amount of the unfunded liability so determined. The amount so
7paid to the Illinois Municipal Retirement Fund by each of those
8school districts shall be credited to the account of the
9township in that Fund. For each elementary school, high school
10and unit school district under the jurisdiction and authority
11of a township treasurer and trustees of schools of a township
12in which those offices are abolished as provided in this
13subsection, each such district's proportionate share of the
14aggregate compensation payable to the former township
15treasurer as provided in this paragraph and each such
16district's proportionate share of the aggregate amount of the
17unfunded liability payable to the Illinois Municipal
18Retirement Fund as provided in this paragraph shall be computed
19in accordance with the ratio that the number of pupils in
20average daily attendance in each such district for the school
21year last ending prior to the date on which the offices of
22township treasurer and trustee of schools of that township are
23abolished bears to the aggregate number of pupils in average
24daily attendance in all of those districts as so reported for
25that school year.
26    Upon abolition of the offices of township treasurer and

 

 

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1trustee of schools of a township as provided in this
2subsection: (i) the regional board of school trustees, in its
3corporate capacity, shall be deemed the successor in interest
4to the former trustees of schools of that township with respect
5to the common school lands and township loanable funds of the
6township; (ii) all right, title and interest existing or vested
7in the former trustees of schools of that township in the
8common school lands and township loanable funds of the
9township, and all records, moneys, securities and other assets,
10rights of property and causes of action pertaining to or
11constituting a part of those common school lands or township
12loanable funds, shall be transferred to and deemed vested by
13operation of law in the regional board of school trustees,
14which shall hold legal title to, manage and operate all common
15school lands and township loanable funds of the township,
16receive the rents, issues and profits therefrom, and have and
17exercise with respect thereto the same powers and duties as are
18provided by this Code to be exercised by regional boards of
19school trustees when acting as township land commissioners in
20counties having at least 220,000 but fewer than 2,000,000
21inhabitants; (iii) the regional board of school trustees shall
22select to serve as its treasurer with respect to the common
23school lands and township loanable funds of the township a
24person from time to time also serving as the appointed school
25treasurer of any school district that was subject to the
26jurisdiction and authority of the township treasurer and

 

 

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1trustees of schools of that township at the time those offices
2were abolished, and the person selected to also serve as
3treasurer of the regional board of school trustees shall have
4his compensation for services in that capacity fixed by the
5regional board of school trustees, to be paid from the township
6loanable funds, and shall make to the regional board of school
7trustees the reports required to be made by treasurers of
8township land commissioners, give bond as required by
9treasurers of township land commissioners, and perform the
10duties and exercise the powers of treasurers of township land
11commissioners; (iv) the regional board of school trustees shall
12designate in the manner provided by Section 8-7, insofar as
13applicable, a depositary for its treasurer, and the proceeds of
14all rents, issues and profits from the common school lands and
15township loanable funds of that township shall be deposited and
16held in the account maintained for those purposes with that
17depositary and shall be expended and distributed therefrom as
18provided in Section 15-24 and other applicable provisions of
19this Code; and (v) whenever there is vested in the trustees of
20schools of a township at the time that office is abolished
21under this subsection the legal title to any school buildings
22or school sites used or occupied for school purposes by any
23elementary school, high school or unit school district subject
24to the jurisdiction and authority of those trustees of school
25at the time that office is abolished, the legal title to those
26school buildings and school sites shall be deemed transferred

 

 

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1by operation of law to and invested in the school board of that
2school district, in its corporate capacity Section 7-28, the
3same to be held, sold, exchanged leased or otherwise
4transferred in accordance with applicable provisions of this
5Code.
6    Notwithstanding Section 2-3.25g of this Code, a waiver of a
7mandate established under this Section may not be requested.
8(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
9eff. 5-31-07; 95-876, eff. 8-21-08.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.