Full Text of SB0452 100th General Assembly
SB0452eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 5-1 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 | 9 | | district governed by any special act which requires the | 10 | | district
to appoint its own school treasurer, shall constitute | 11 | | a county school unit.
County school units of less than | 12 | | 2,000,000 inhabitants shall be known as
Class I county school | 13 | | units and the office of township trustees, where
existing on | 14 | | July 1, 1962, in such units shall be abolished on that date and
| 15 | | all books and records of such former township trustees shall be | 16 | | forthwith
thereafter transferred to the county board of school | 17 | | trustees. County
school units of 2,000,000 or more inhabitants | 18 | | shall be known as Class II
county school units and shall retain | 19 | | the office of township trustees
unless otherwise provided in | 20 | | subsection (b) or (c).
| 21 | | (b) Notwithstanding subsections (a) and (c), the
school | 22 | | board of any elementary school district having a fall, 1989
| 23 | | aggregate enrollment of at least 2,500 but less than 6,500 |
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| 1 | | pupils and
having boundaries that are coterminous with the | 2 | | boundaries of a high school
district, and the school board of | 3 | | any high school district having a fall,
1989 aggregate | 4 | | enrollment of at least 2,500 but less than 6,500 pupils and
| 5 | | having boundaries that are coterminous with the boundaries of | 6 | | an elementary
school district, may, whenever the territory of | 7 | | such school district forms
a part of a Class II county school
| 8 | | unit, by proper resolution withdraw such school district from | 9 | | the
jurisdiction and authority of the trustees of schools of | 10 | | the township in
which such school district is located and from | 11 | | the jurisdiction and
authority of the township treasurer in | 12 | | such Class II county school unit;
provided that the school | 13 | | board of any such school district shall, upon the
adoption and | 14 | | passage of such resolution, thereupon elect or appoint its own
| 15 | | school treasurer as provided in Section 8-1. Upon the adoption | 16 | | and passage
of such resolution and the election or appointment | 17 | | by the school board of
its own school treasurer: (1) the | 18 | | trustees of schools in such township
shall no longer have or | 19 | | exercise any powers and duties with respect to the
school | 20 | | district governed by such school board or with respect to the | 21 | | school
business, operations or assets of such school district; | 22 | | and (2) all books
and
records of the township trustees relating | 23 | | to the school business and
affairs of such school district | 24 | | shall be transferred and delivered to the
school board of such | 25 | | school district. Upon the effective date of this
amendatory Act | 26 | | of 1993, the legal title to, and all right, title
and interest
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| 1 | | formerly held by the township trustees in any school buildings | 2 | | and
school sites
used and occupied by the school board of such | 3 | | school district for school
purposes, that legal title, right, | 4 | | title and interest thereafter having
been transferred to and | 5 | | vested in the regional
board
of school trustees under P.A. | 6 | | 87-473 until the abolition of that regional
board of school | 7 | | trustees by P.A. 87-969, shall be deemed transferred by
| 8 | | operation of law to and shall vest in the school board of that | 9 | | school
district.
| 10 | | Notwithstanding subsections (a) and (c), the school boards | 11 | | of Oak Park & River Forest District 200, Oak Park Elementary | 12 | | School District 97, and River Forest School District 90 may, by | 13 | | proper resolution, withdraw from the jurisdiction and | 14 | | authority of the trustees of schools of Proviso and Cicero | 15 | | Townships and the township treasurer, provided that the school | 16 | | board shall, upon the adoption and passage of the resolution, | 17 | | elect or appoint its own school treasurer as provided in | 18 | | Section 8-1 of this Code. Upon the adoption and passage of the | 19 | | resolution and the election or appointment by the school board | 20 | | of its own school treasurer: (1) the trustees of schools in the | 21 | | township or townships shall no longer have or exercise any | 22 | | powers or duties with respect to the school district or with | 23 | | respect to the school business, operations, or assets of the | 24 | | school district; (2) all books and records of the trustees of | 25 | | schools and all moneys, securities, loanable funds, and other | 26 | | assets relating to the school business and affairs of the |
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| 1 | | school district shall be transferred and delivered to the | 2 | | school board; and (3) all legal title to and all right, title, | 3 | | and interest formerly held by the trustees of schools in any | 4 | | common school lands, school buildings, or school sites used and | 5 | | occupied by the school board and all rights of property and | 6 | | causes of action pertaining to or constituting a part of the | 7 | | common school lands, buildings, or sites shall be deemed | 8 | | transferred by operation of law to and shall vest in the school | 9 | | board.
| 10 | | Notwithstanding subsections (a) and (c), the respective | 11 | | school boards of Berwyn North School District 98, Berwyn South | 12 | | School District 100, Cicero School District 99, and J.S. Morton | 13 | | High School District 201 may, by proper resolution, withdraw | 14 | | from the jurisdiction and authority of the trustees of schools | 15 | | of Cicero Township and the township treasurer, provided that | 16 | | the school board shall, upon the adoption and passage of the | 17 | | resolution, elect or appoint its own school treasurer as | 18 | | provided in Section 8-1 of this Code. Upon the adoption and | 19 | | passage of the resolution and the election or appointment by | 20 | | the school board of its own school treasurer: (1) the trustees | 21 | | of schools in the township shall no longer have or exercise any | 22 | | powers or duties with respect to the school district or with | 23 | | respect to the school business, operations, or assets of the | 24 | | school district; (2) all books and records of the trustees of | 25 | | schools and all moneys, securities, loanable funds, and other | 26 | | assets relating to the school business and affairs of the |
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| 1 | | school district shall be transferred and delivered to the | 2 | | school board; and (3) all legal title to and all right, title, | 3 | | and interest formerly held by the trustees of schools in any | 4 | | common school lands, school buildings, or school sites used and | 5 | | occupied by the school board and all rights of property and | 6 | | causes of action pertaining to or constituting a part of the | 7 | | common school lands, buildings, or sites shall be deemed | 8 | | transferred by operation of law to and shall vest in the school | 9 | | board.
| 10 | | Notwithstanding subsections (a) and (c) of this Section and | 11 | | upon final judgment regarding claims set forth in the case of | 12 | | Township Trustees of Schools Township 38 North, Range 12 East | 13 | | v. Lyons Township High School District No. 204 case N. 13 CH | 14 | | 23386 pending in the Circuit Court of Cook County, Illinois, | 15 | | County Department, Chancery Division, the
school board of Lyons | 16 | | Township High School District 204 may, by proper resolution, | 17 | | withdraw from the jurisdiction and authority of the trustees of | 18 | | schools of Lyons Township and the township treasurer, provided | 19 | | that
the school board shall, upon the adoption and passage of | 20 | | the
resolution, elect or appoint its own school treasurer as
| 21 | | provided in Section 8-1 of this Code. Upon the adoption and
| 22 | | passage of the resolution and the election or appointment by
| 23 | | the school board of its own school treasurer: (1) the trustees | 24 | | of schools in the township shall no longer have or exercise any | 25 | | powers or duties with respect to the school district or with | 26 | | respect to the school business, operations, or assets of the |
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| 1 | | school district; (2) all books and records of the trustees of
| 2 | | schools and all moneys, securities, loanable funds, and other
| 3 | | assets relating to the school business and affairs of the
| 4 | | school district shall be transferred and delivered to the
| 5 | | school board; and (3) all legal title to and all right, title,
| 6 | | and interest formerly held by the trustees of schools in any
| 7 | | common school lands, school buildings, or school sites used and
| 8 | | occupied by the school board and all rights of property and
| 9 | | causes of action pertaining to or constituting a part of the
| 10 | | common school lands, buildings, or sites shall be deemed
| 11 | | transferred by operation of law to and shall vest in the school
| 12 | | board. The changes made to this Section by this amendatory Act | 13 | | of the 100th General Assembly are prospective only, starting | 14 | | from the effective date of this amendatory Act of the 100th | 15 | | General Assembly, and shall not affect any legal action pending | 16 | | on the effective date of this amendatory Act of the 100th | 17 | | General Assembly in the Illinois courts in which Lyons Township | 18 | | High School District 204 is a listed party. | 19 | | (c) Notwithstanding the provisions of subsection (a), the | 20 | | offices of
township treasurer and trustee of schools of any | 21 | | township located in a Class
II county school unit shall be | 22 | | abolished as provided in this subsection
if all of the | 23 | | following conditions are met:
| 24 | | (1) During the same 30 day period, each school board of | 25 | | each
elementary and unit school district that is subject to | 26 | | the jurisdiction and
authority of the township treasurer |
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| 1 | | and trustees of schools of the township
in which those | 2 | | offices are sought to be abolished gives written notice by
| 3 | | certified mail, return receipt requested to the township | 4 | | treasurer and
trustees of schools of that township of the | 5 | | date of a meeting of the school
board, to be held not more | 6 | | than 90 nor less than 60 days after the date
when the | 7 | | notice is given, at which meeting the school board is to | 8 | | consider
and vote upon the question of whether there shall | 9 | | be submitted to the
electors of the school district a | 10 | | proposition to abolish the offices of
township treasurer | 11 | | and trustee of schools of that township. None of the
| 12 | | notices given under this paragraph to the township | 13 | | treasurer and trustees
of schools of a township shall be | 14 | | deemed sufficient or in compliance with
the requirements of | 15 | | this paragraph unless all of those notices are given
within | 16 | | the same 30 day period.
| 17 | | (2) Each school board of each elementary and unit | 18 | | school district that
is subject to the jurisdiction and | 19 | | authority of the township treasurer and
trustees of schools | 20 | | of the township in which those offices are sought to
be | 21 | | abolished, by the affirmative vote of at least 5 members of | 22 | | the school
board at a school board meeting of which notice | 23 | | is given as required by
paragraph (1) of this subsection, | 24 | | adopts a resolution requiring the
secretary of the school | 25 | | board to certify to the proper election authorities
for | 26 | | submission to the electors of the school district at the |
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| 1 | | next
consolidated election in accordance with the general
| 2 | | election law a
proposition to abolish the offices of | 3 | | township treasurer and trustee of
schools of that township. | 4 | | None of the resolutions adopted under this
paragraph by any | 5 | | elementary or unit school districts that are subject to
the | 6 | | jurisdiction and authority of the township treasurer and | 7 | | trustees of
schools of the township in which those offices | 8 | | are sought to be abolished
shall be deemed in compliance | 9 | | with the requirements of this paragraph or
sufficient to | 10 | | authorize submission of the proposition to abolish those
| 11 | | offices to a referendum of the electors in any such school | 12 | | district unless
all of the school boards of all of the | 13 | | elementary and unit school districts
that are subject to | 14 | | the jurisdiction and authority of the township
treasurer | 15 | | and trustees of schools of that township adopt such a | 16 | | resolution
in accordance with the provisions of this | 17 | | paragraph.
| 18 | | (3) The school boards of all of the elementary and unit | 19 | | school
districts that are subject to the jurisdiction and | 20 | | authority of the
township treasurer and trustees of schools | 21 | | of the township in which those
offices are sought to be | 22 | | abolished submit a proposition to abolish the
offices of | 23 | | township treasurer and trustee of schools of that township | 24 | | to
the electors of their respective school districts at the | 25 | | same consolidated
election in accordance with the general | 26 | | election law, the ballot in each
such district to be in |
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| 1 | | substantially the following form:
| 2 | | -------------------------------------------------------------
| 3 | | OFFICIAL BALLOT
| 4 | | Shall the offices of township
| 5 | | treasurer and YES
| 6 | | trustee of -------------
| 7 | | schools of Township ..... NO
| 8 | | Range ..... be abolished?
| 9 | | -------------------------------------------------------------
| 10 | | (4) At the consolidated election at which the
| 11 | | proposition to abolish
the offices of township treasurer | 12 | | and trustee of schools of a township is
submitted to the | 13 | | electors of each elementary and unit school district that
| 14 | | is subject to the jurisdiction and authority of the | 15 | | township treasurer and
trustee of schools of that township, | 16 | | a majority of the electors voting on
the proposition in | 17 | | each such elementary and unit school district votes in
| 18 | | favor of the proposition as submitted to them.
| 19 | | If in each elementary and unit school district that is | 20 | | subject to the
jurisdiction and authority of the township | 21 | | treasurer and trustees of
schools of the township in which | 22 | | those offices are sought to be abolished a
majority of the | 23 | | electors in each such district voting at the consolidated
| 24 | | election on the proposition to abolish the offices of township | 25 | | treasurer
and trustee of schools of that township votes in | 26 | | favor of the proposition
as submitted to them, the proposition |
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| 1 | | shall be deemed to have passed; but
if in any such elementary | 2 | | or unit school district a majority of the
electors voting on | 3 | | that proposition in that district fails to vote in favor
of the | 4 | | proposition as submitted to them, then notwithstanding the vote | 5 | | of
the electors in any other such elementary or unit school | 6 | | district on that
proposition the proposition shall not be | 7 | | deemed to have passed in any of
those elementary or unit school | 8 | | districts, and the offices of township
treasurer and trustee of | 9 | | schools of the township in which those offices
were sought to | 10 | | be abolished shall not be abolished, unless in each of those
| 11 | | elementary and unit school districts remaining subject to the | 12 | | jurisdiction
and authority of the township treasurer and | 13 | | trustees of schools of that
township proceedings are again | 14 | | initiated to abolish those offices and all
of the proceedings | 15 | | and conditions prescribed in paragraphs (1) through (4)
of this | 16 | | subsection are repeated and met in each of those elementary and
| 17 | | unit school districts.
| 18 | | Notwithstanding the foregoing provisions of this Section | 19 | | or any other
provision of the School Code, the offices of | 20 | | township treasurer and trustee of
schools of a township that | 21 | | has a population of less than 200,000 and that
contains a unit | 22 | | school district and is located in a Class II county school unit
| 23 | | shall also be
abolished as provided in this subsection if all | 24 | | of the conditions set forth in
paragraphs (1), (2), and (3) of | 25 | | this subsection are met
and if the following additional | 26 | | condition is met:
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| 1 | | The electors in all of the school districts subject to | 2 | | the jurisdiction and
authority of the township treasurer | 3 | | and trustees of schools of the township in
which those | 4 | | offices are sought to be abolished shall vote at the
| 5 | | consolidated
election on the proposition to abolish the | 6 | | offices of township treasurer and
trustee of schools of | 7 | | that township. If a majority of the electors in all of
the | 8 | | school districts combined voting on the proposition vote in | 9 | | favor of the
proposition, then the proposition shall be | 10 | | deemed to have passed; but if a
majority of the electors | 11 | | voting on the proposition in all of the school
district | 12 | | fails to vote in favor of the proposition as submitted to | 13 | | them, then
the proposition shall not be deemed to have | 14 | | passed and the offices of township
treasurer and trustee of | 15 | | schools of the township in which those offices were
sought | 16 | | to be abolished shall not be abolished, unless and until | 17 | | the proceedings
detailed in paragraphs (1) through (3) of | 18 | | this subsection and the conditions
set forth in this | 19 | | paragraph are met.
| 20 | | If the proposition to abolish the offices of township | 21 | | treasurer and
trustee of schools of a township is deemed to | 22 | | have passed at the
consolidated election as provided in this | 23 | | subsection,
those offices shall be
deemed abolished by | 24 | | operation of law effective on January 1
of the
calendar year | 25 | | immediately following the calendar year in which that
| 26 | | consolidated election is held, provided that if after the
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| 1 | | election, the trustees of schools by resolution elect to | 2 | | abolish the offices of
township treasurer and trustee of | 3 | | schools effective on July 1 immediately
following the election, | 4 | | then the offices shall be abolished on July 1
immediately | 5 | | following the election.
On the date that
the offices of | 6 | | township treasurer and trustee of schools of a
township are | 7 | | deemed abolished by operation of law, the school board of each
| 8 | | elementary and unit school district and the school board of | 9 | | each high
school district that is subject to the jurisdiction | 10 | | and authority of the
township treasurer and trustees of schools | 11 | | of that township at the time
those offices are abolished: (i) | 12 | | shall appoint its own school treasurer as
provided in Section | 13 | | 8-1; and (ii) unless the term of the contract of a
township | 14 | | treasurer expires on the date that the office of township
| 15 | | treasurer is abolished, shall pay to the former township | 16 | | treasurer its
proportionate share of any aggregate | 17 | | compensation that, were the office of
township treasurer not | 18 | | abolished at that time, would
have been payable to the former | 19 | | township treasurer after that date over the
remainder of the | 20 | | term of the contract of the former township treasurer that
| 21 | | began prior to but ends after that date. In addition, on the | 22 | | date that the offices of township treasurer and trustee of
| 23 | | schools of a township are deemed abolished as provided in this | 24 | | subsection,
the school board of each elementary school, high | 25 | | school and unit school
district that until that date is subject | 26 | | to the jurisdiction and authority
of the township treasurer and |
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| 1 | | trustees of schools of that township shall be
deemed by | 2 | | operation of law to have agreed and assumed to pay and, when
| 3 | | determined, shall pay to the Illinois Municipal Retirement
Fund | 4 | | a proportionate share of the unfunded liability existing in | 5 | | that Fund
at the time these offices are abolished in that
| 6 | | calendar year for all annuities or other benefits then or
| 7 | | thereafter to become payable from that Fund with respect to all | 8 | | periods of
service performed prior to that date as a | 9 | | participating employee in that
Fund by persons serving during | 10 | | those periods of service as a trustee of
schools, township | 11 | | treasurer or regular employee in the office of the
township | 12 | | treasurer of that township. That unfunded liability shall be
| 13 | | actuarially determined by the board of trustees of the Illinois | 14 | | Municipal
Retirement Fund, and the board of trustees shall | 15 | | thereupon notify each
school board required to pay a | 16 | | proportionate share of that unfunded
liability of the aggregate | 17 | | amount of the unfunded liability so determined.
The amount so | 18 | | paid to the Illinois Municipal Retirement Fund by each of
those | 19 | | school districts shall be credited to the account of the | 20 | | township in
that Fund. For each elementary school, high school | 21 | | and unit school district
under the jurisdiction and authority | 22 | | of a township treasurer and trustees
of schools of a township | 23 | | in which those offices are abolished as provided
in this | 24 | | subsection, each such district's proportionate share of the
| 25 | | aggregate compensation payable to the former township | 26 | | treasurer as provided
in this paragraph and each such |
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| 1 | | district's proportionate share of the
aggregate amount of the | 2 | | unfunded liability payable to the Illinois
Municipal | 3 | | Retirement Fund as provided in this paragraph shall be computed
| 4 | | in accordance with the ratio that the number of pupils in | 5 | | average daily
attendance in each such district for the school | 6 | | year last ending prior to the date on which
the offices of | 7 | | township treasurer and trustee of schools of that township
are | 8 | | abolished bears to the aggregate number of pupils in average | 9 | | daily
attendance in all of those districts as so reported for | 10 | | that school year.
| 11 | | Upon abolition of the offices of township treasurer and | 12 | | trustee of
schools of a township as provided in this | 13 | | subsection: (i) the regional
board of school trustees, in its | 14 | | corporate capacity, shall be deemed the
successor in interest | 15 | | to the former trustees of schools of that township
with respect | 16 | | to the common school lands and township loanable funds of the
| 17 | | township; (ii) all right, title and interest existing or vested | 18 | | in the
former trustees of schools of that township in the | 19 | | common school lands and
township loanable funds of the | 20 | | township, and all records, moneys,
securities and other assets, | 21 | | rights of property and causes of action
pertaining to or | 22 | | constituting a part of those common school lands or
township | 23 | | loanable funds, shall be transferred to and deemed vested by
| 24 | | operation of law in the regional board of school trustees, | 25 | | which shall hold
legal title to, manage and operate all common | 26 | | school lands and township
loanable funds of the township, |
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| 1 | | receive the rents, issues and profits
therefrom, and have and | 2 | | exercise with respect thereto the same powers and
duties as are | 3 | | provided by this Code to be exercised by regional boards of
| 4 | | school trustees when acting as township land commissioners in | 5 | | counties
having at least 220,000 but fewer than 2,000,000 | 6 | | inhabitants; (iii) the
regional board of school trustees shall | 7 | | select to serve as its treasurer
with respect to the common | 8 | | school lands and township loanable funds of the
township a | 9 | | person from time to time also serving as the appointed school
| 10 | | treasurer of any school district that was subject to the | 11 | | jurisdiction and
authority of the township treasurer and | 12 | | trustees of schools of that
township at the time those offices | 13 | | were abolished, and the person selected
to also serve as | 14 | | treasurer of the regional board of school trustees shall
have | 15 | | his compensation for services in that capacity fixed by the | 16 | | regional
board of school trustees, to be paid from the township | 17 | | loanable funds, and
shall make to the regional board of school | 18 | | trustees the reports required to be
made by treasurers of | 19 | | township land commissioners, give bond as required by
| 20 | | treasurers of township land commissioners, and perform the | 21 | | duties and
exercise the powers of treasurers of township land | 22 | | commissioners; (iv) the
regional board of school trustees shall | 23 | | designate in the manner provided by
Section 8-7, insofar as | 24 | | applicable, a depositary for its treasurer, and the
proceeds of | 25 | | all rents, issues and profits from the common school lands and
| 26 | | township loanable funds of that township shall be deposited and |
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| 1 | | held in the
account maintained for those purposes with that | 2 | | depositary and shall be
expended and distributed therefrom as | 3 | | provided in Section 15-24 and other
applicable provisions of | 4 | | this Code; and (v) whenever there is vested in the
trustees of | 5 | | schools of a township at the time that office is abolished
| 6 | | under this subsection the legal title to any school buildings | 7 | | or school
sites used or occupied for school purposes by any | 8 | | elementary school, high
school or unit school district subject | 9 | | to the jurisdiction and authority of
those trustees of school | 10 | | at the time that office is abolished, the legal
title to those | 11 | | school buildings and school sites shall be deemed
transferred | 12 | | by operation of law to and invested in the
school board of that | 13 | | school district, in its corporate
capacity under Section | 14 | | 10-22.35B of this Code, the
same to be held, sold, exchanged | 15 | | leased or otherwise transferred in
accordance with applicable | 16 | | provisions of this Code.
| 17 | | Notwithstanding Section 2-3.25g of this Code, a waiver of a | 18 | | mandate
established under this Section may not be requested.
| 19 | | (Source: P.A. 100-374, eff. 8-25-17.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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