99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1607

 

Introduced 2/20/2015, by Sen. Christine Radogno

 

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

    Amends the Trustees of Schools Article of the School Code. Allows the school board of any school district whose territory forms a part of a Class II county school unit to withdraw from the jurisdiction and authority of the trustees of schools of the township in which the school district is located and the township treasurer, provided that the school board elects or appoints its own school treasurer. Effective immediately.


LRB099 10504 SXM 30731 b

 

 

A BILL FOR

 

SB1607LRB099 10504 SXM 30731 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 any other provision of this subsection (b)
11and notwithstanding subsections (a) and (c) of this Section,
12the school board of any school district whose territory forms a
13part of a Class II county school unit may, by proper
14resolution, withdraw from the jurisdiction and authority of the
15trustees of schools of the township in which the school
16district is located and the township treasurer, provided that
17the school board shall, upon the adoption and passage of the
18resolution, elect or appoint its own school treasurer as
19provided in Section 8-1 of this Code. Upon the adoption and
20passage of the resolution and the election or appointment by
21the school board of its own school treasurer: (1) the trustees
22of schools in the township shall no longer have or exercise any
23powers or duties with respect to the school district or with
24respect to the school business, operations, or assets of the
25school district; (2) all books and records of the trustees of
26schools and all moneys, securities, loanable funds, and other

 

 

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1assets relating to the school business and affairs of the
2school district shall be transferred and delivered to the
3school board; and (3) all legal title to and all right, title,
4and interest formerly held by the trustees of schools in any
5common school lands, school buildings, or school sites used and
6occupied by the school board and all rights of property and
7causes of action pertaining to or constituting a part of the
8common school lands, buildings, or sites shall be deemed
9transferred by operation of law to and shall vest in the school
10board. The changes made to this Section by this amendatory Act
11of the 99th General Assembly shall not affect any lawsuits
12pending on the effective date of this amendatory Act of the
1399th General Assembly.
14    (c) Notwithstanding the provisions of subsection (a), the
15offices of township treasurer and trustee of schools of any
16township located in a Class II county school unit shall be
17abolished as provided in this subsection if all of the
18following conditions are met:
19        (1) During the same 30 day period, each school board of
20    each elementary and unit school district that is subject to
21    the jurisdiction and authority of the township treasurer
22    and trustees of schools of the township in which those
23    offices are sought to be abolished gives written notice by
24    certified mail, return receipt requested to the township
25    treasurer and trustees of schools of that township of the
26    date of a meeting of the school board, to be held not more

 

 

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1    than 90 nor less than 60 days after the date when the
2    notice is given, at which meeting the school board is to
3    consider and vote upon the question of whether there shall
4    be submitted to the electors of the school district a
5    proposition to abolish the offices of township treasurer
6    and trustee of schools of that township. None of the
7    notices given under this paragraph to the township
8    treasurer and trustees of schools of a township shall be
9    deemed sufficient or in compliance with the requirements of
10    this paragraph unless all of those notices are given within
11    the same 30 day period.
12        (2) Each school board of each elementary and unit
13    school district that is subject to the jurisdiction and
14    authority of the township treasurer and trustees of schools
15    of the township in which those offices are sought to be
16    abolished, by the affirmative vote of at least 5 members of
17    the school board at a school board meeting of which notice
18    is given as required by paragraph (1) of this subsection,
19    adopts a resolution requiring the secretary of the school
20    board to certify to the proper election authorities for
21    submission to the electors of the school district at the
22    next consolidated election in accordance with the general
23    election law a proposition to abolish the offices of
24    township treasurer and trustee of schools of that township.
25    None of the resolutions adopted under this paragraph by any
26    elementary or unit school districts that are subject to the

 

 

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1    jurisdiction and authority of the township treasurer and
2    trustees of schools of the township in which those offices
3    are sought to be abolished shall be deemed in compliance
4    with the requirements of this paragraph or sufficient to
5    authorize submission of the proposition to abolish those
6    offices to a referendum of the electors in any such school
7    district unless all of the school boards of all of the
8    elementary and unit school districts that are subject to
9    the jurisdiction and authority of the township treasurer
10    and 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 unit
14    school districts that are subject to the jurisdiction and
15    authority of the township treasurer and trustees of schools
16    of the township in which those offices are sought to be
17    abolished submit a proposition to abolish the offices of
18    township treasurer and trustee of schools of that township
19    to the electors of their respective school districts at the
20    same consolidated election in accordance with the general
21    election law, the ballot in each such district to be in
22    substantially the following form:
23    -------------------------------------------------------------
24
OFFICIAL BALLOT
25            Shall the offices of township
26            treasurer and                       YES

 

 

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1            trustee of                      -------------
2            schools of Township .....           NO
3            Range ..... be abolished?
4    -------------------------------------------------------------
5        (4) At the consolidated election at which the
6    proposition to abolish the offices of township treasurer
7    and trustee of schools of a township is submitted to the
8    electors of each elementary and unit school district that
9    is subject to the jurisdiction and authority of the
10    township treasurer and trustee of schools of that township,
11    a majority of the electors voting on the proposition in
12    each such elementary and unit school district votes in
13    favor of the proposition as submitted to them.
14    If in each elementary and unit school district that is
15subject to the jurisdiction and authority of the township
16treasurer and trustees of schools of the township in which
17those offices are sought to be abolished a majority of the
18electors in each such district voting at the consolidated
19election on the proposition to abolish the offices of township
20treasurer and trustee of schools of that township votes in
21favor of the proposition as submitted to them, the proposition
22shall be deemed to have passed; but if in any such elementary
23or unit school district a majority of the electors voting on
24that proposition in that district fails to vote in favor of the
25proposition as submitted to them, then notwithstanding the vote
26of the electors in any other such elementary or unit school

 

 

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1district on that proposition the proposition shall not be
2deemed to have passed in any of those elementary or unit school
3districts, and the offices of township treasurer and trustee of
4schools of the township in which those offices were sought to
5be abolished shall not be abolished, unless in each of those
6elementary and unit school districts remaining subject to the
7jurisdiction and authority of the township treasurer and
8trustees of schools of that township proceedings are again
9initiated to abolish those offices and all of the proceedings
10and conditions prescribed in paragraphs (1) through (4) of this
11subsection are repeated and met in each of those elementary and
12unit school districts.
13    Notwithstanding the foregoing provisions of this Section
14or any other provision of the School Code, the offices of
15township treasurer and trustee of schools of a township that
16has a population of less than 200,000 and that contains a unit
17school district and is located in a Class II county school unit
18shall also be abolished as provided in this subsection if all
19of the conditions set forth in paragraphs (1), (2), and (3) of
20this subsection are met and if the following additional
21condition is met:
22        The electors in all of the school districts subject to
23    the jurisdiction and authority of the township treasurer
24    and trustees of schools of the township in which those
25    offices are sought to be abolished shall vote at the
26    consolidated election on the proposition to abolish the

 

 

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

 

 

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1township treasurer and trustee of schools of a township are
2deemed abolished by operation of law, the school board of each
3elementary and unit school district and the school board of
4each high school district that is subject to the jurisdiction
5and authority of the township treasurer and trustees of schools
6of that township at the time those offices are abolished: (i)
7shall appoint its own school treasurer as provided in Section
88-1; and (ii) unless the term of the contract of a township
9treasurer expires on the date that the office of township
10treasurer is abolished, shall pay to the former township
11treasurer its proportionate share of any aggregate
12compensation that, were the office of township treasurer not
13abolished at that time, would have been payable to the former
14township treasurer after that date over the remainder of the
15term of the contract of the former township treasurer that
16began prior to but ends after that date. In addition, on the
17date that the offices of township treasurer and trustee of
18schools of a township are deemed abolished as provided in this
19subsection, the school board of each elementary school, high
20school and unit school district that until that date is subject
21to the jurisdiction and authority of the township treasurer and
22trustees of schools of that township shall be deemed by
23operation of law to have agreed and assumed to pay and, when
24determined, shall pay to the Illinois Municipal Retirement Fund
25a proportionate share of the unfunded liability existing in
26that Fund at the time these offices are abolished in that

 

 

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1calendar year for all annuities or other benefits then or
2thereafter to become payable from that Fund with respect to all
3periods of service performed prior to that date as a
4participating employee in that Fund by persons serving during
5those periods of service as a trustee of schools, township
6treasurer or regular employee in the office of the township
7treasurer of that township. That unfunded liability shall be
8actuarially determined by the board of trustees of the Illinois
9Municipal Retirement Fund, and the board of trustees shall
10thereupon notify each school board required to pay a
11proportionate share of that unfunded liability of the aggregate
12amount of the unfunded liability so determined. The amount so
13paid to the Illinois Municipal Retirement Fund by each of those
14school districts shall be credited to the account of the
15township in that Fund. For each elementary school, high school
16and unit school district under the jurisdiction and authority
17of a township treasurer and trustees of schools of a township
18in which those offices are abolished as provided in this
19subsection, each such district's proportionate share of the
20aggregate compensation payable to the former township
21treasurer as provided in this paragraph and each such
22district's proportionate share of the aggregate amount of the
23unfunded liability payable to the Illinois Municipal
24Retirement Fund as provided in this paragraph shall be computed
25in accordance with the ratio that the number of pupils in
26average daily attendance in each such district for the school

 

 

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1year last ending prior to the date on which the offices of
2township treasurer and trustee of schools of that township are
3abolished bears to the aggregate number of pupils in average
4daily attendance in all of those districts as so reported for
5that school year.
6    Upon abolition of the offices of township treasurer and
7trustee of schools of a township as provided in this
8subsection: (i) the regional board of school trustees, in its
9corporate capacity, shall be deemed the successor in interest
10to the former trustees of schools of that township with respect
11to the common school lands and township loanable funds of the
12township; (ii) all right, title and interest existing or vested
13in the former trustees of schools of that township in the
14common school lands and township loanable funds of the
15township, and all records, moneys, securities and other assets,
16rights of property and causes of action pertaining to or
17constituting a part of those common school lands or township
18loanable funds, shall be transferred to and deemed vested by
19operation of law in the regional board of school trustees,
20which shall hold legal title to, manage and operate all common
21school lands and township loanable funds of the township,
22receive the rents, issues and profits therefrom, and have and
23exercise with respect thereto the same powers and duties as are
24provided by this Code to be exercised by regional boards of
25school trustees when acting as township land commissioners in
26counties having at least 220,000 but fewer than 2,000,000

 

 

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

 

 

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1under this subsection the legal title to any school buildings
2or school sites used or occupied for school purposes by any
3elementary school, high school or unit school district subject
4to the jurisdiction and authority of those trustees of school
5at the time that office is abolished, the legal title to those
6school buildings and school sites shall be deemed transferred
7by operation of law to and invested in the school board of that
8school district, in its corporate capacity Section 7-28, the
9same to be held, sold, exchanged leased or otherwise
10transferred in accordance with applicable provisions of this
11Code.
12    Notwithstanding Section 2-3.25g of this Code, a waiver of a
13mandate established under this Section may not be requested.
14(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
15eff. 5-31-07; 95-876, eff. 8-21-08.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.