102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1732

 

Introduced 2/17/2021, 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.


LRB102 11852 CMG 17188 b

 

 

A BILL FOR

 

HB1732LRB102 11852 CMG 17188 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

 

 

HB1732- 2 -LRB102 11852 CMG 17188 b

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

 

 

HB1732- 3 -LRB102 11852 CMG 17188 b

1title, and interest thereafter having been transferred to and
2vested in the regional board of school trustees under Public
3Act 87-473 until the abolition of that regional board of
4school trustees by Public Act 87-969, shall be deemed
5transferred by operation of law to and shall vest in the school
6board of that school district.
7    (b) A high school district that is subject to the
8jurisdiction and authority of the township treasurer and
9trustees of schools of a township in which those offices are
10abolished as provided in subsection (c) of Section 5-1 shall
11thereupon be required to appoint its own school treasurer as
12provided in paragraph (4) of subsection (c) of Section 5-1 and
13subsection (c) of Section 8-1, and shall be subject to and
14governed by the other changes made to the School Code by this
15amendatory Act of 1991, insofar as the same are applicable to a
16high school district.
17(Source: P.A. 87-473.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.