HB0305sam001 103RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/9/2024

 

 


 

 


 
10300HB0305sam001LRB103 03832 RJT 73255 a

1
AMENDMENT TO HOUSE BILL 305

2    AMENDMENT NO. ______. Amend House Bill 305 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 5-1, 5-1a, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13,
65-16, and 8-1 as follows:
 
7    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
8    Sec. 5-1. County school units.
9    (a) The territory in each county, exclusive of any school
10district governed by any special act which requires the
11district to appoint its own school treasurer, shall constitute
12a county school unit. County school units of less than
132,000,000 inhabitants shall be known as Class I county school
14units and the office of township trustees, where existing on
15July 1, 1962, in such units shall be abolished on that date and
16all books and records of such former township trustees shall

 

 

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1be forthwith thereafter transferred to the county board of
2school trustees. County school units of 2,000,000 or more
3inhabitants shall be known as Class II county school units and
4shall retain the office of township trustees unless otherwise
5provided in subsection (b), or (c), or (d), or shall be
6administered as provided Section 5-2.2.
7    (b) Notwithstanding subsections (a) and (c), the school
8board of any elementary school district having a fall, 1989
9aggregate enrollment of at least 2,500 but less than 6,500
10pupils and having boundaries that are coterminous with the
11boundaries of a high school district, and the school board of
12any high school district having a fall, 1989 aggregate
13enrollment of at least 2,500 but less than 6,500 pupils and
14having boundaries that are coterminous with the boundaries of
15an elementary school district, may, whenever the territory of
16such school district forms a part of a Class II county school
17unit, by proper resolution withdraw such school district from
18the jurisdiction and authority of the trustees of schools of
19the township in which such school district is located and from
20the jurisdiction and authority of the township treasurer in
21such Class II county school unit; provided that the school
22board of any such school district shall, upon the adoption and
23passage of such resolution, thereupon elect or appoint its own
24school treasurer as provided in Section 8-1. Upon the adoption
25and passage of such resolution and the election or appointment
26by the school board of its own school treasurer: (1) the

 

 

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1trustees of schools in such township shall no longer have or
2exercise any powers and duties with respect to the school
3district governed by such school board or with respect to the
4school business, operations or assets of such school district;
5and (2) all books and records of the township trustees
6relating to the school business and affairs of such school
7district shall be transferred and delivered to the school
8board of such school district. Upon the effective date of this
9amendatory Act of 1993, the legal title to, and all right,
10title and interest formerly held by the township trustees in
11any school buildings and school sites used and occupied by the
12school board of such school district for school purposes, that
13legal title, right, title and interest thereafter having been
14transferred to and vested in the regional board of school
15trustees under P.A. 87-473 until the abolition of that
16regional board of school trustees by P.A. 87-969, shall be
17deemed transferred by operation of law to and shall vest in the
18school board of that school district.
19    Notwithstanding subsections (a) and (c), the school boards
20of Oak Park & River Forest District 200, Oak Park Elementary
21School District 97, and River Forest School District 90 may,
22by proper resolution, withdraw from the jurisdiction and
23authority of the trustees of schools of Proviso and Cicero
24Townships and the township treasurer, provided that the school
25board shall, upon the adoption and passage of the resolution,
26elect or appoint its own school treasurer as provided in

 

 

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

 

 

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1treasurer as provided in Section 8-1 of this Code. Upon the
2adoption and passage of the resolution and the election or
3appointment by the school board of its own school treasurer:
4(1) the trustees of schools in the township shall no longer
5have or exercise any powers or duties with respect to the
6school district or with respect to the school business,
7operations, or assets of the school district; (2) all books
8and records of the trustees of schools and all moneys,
9securities, loanable funds, and other assets relating to the
10school business and affairs of the school district shall be
11transferred and delivered to the school board; and (3) all
12legal title to and all right, title, and interest formerly
13held by the trustees of schools in any common school lands,
14school buildings, or school sites used and occupied by the
15school board and all rights of property and causes of action
16pertaining to or constituting a part of the common school
17lands, buildings, or sites shall be deemed transferred by
18operation of law to and shall vest in the school board.
19    Notwithstanding subsections (a) and (c) of this Section
20and upon final judgment, including the exhaustion of all
21appeals or a settlement between all parties, regarding claims
22set forth in the case of Township Trustees of Schools Township
2338 North, Range 12 East v. Lyons Township High School District
24No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit
25Court of Cook County, Illinois, County Department, Chancery
26Division, and all related pending claims, the school board of

 

 

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1Lyons Township High School District 204 may commence, by
2proper resolution, to withdraw from the jurisdiction and
3authority of the trustees of schools of Lyons Township and the
4township treasurer, provided that the school board shall, upon
5the adoption and passage of the resolution, elect or appoint
6its own school treasurer as provided in Section 8-1 of this
7Code. Upon the adoption and passage of the resolution and the
8election or appointment by the school board of its own school
9treasurer commencing with the first day of the succeeding
10fiscal year, but not prior to July 1, 2019: (1) the trustees of
11schools in the township shall no longer have or exercise any
12powers or duties with respect to the school district or with
13respect to the school business, operations, or assets of the
14school district; (2) all books and records of the trustees of
15schools and all moneys, securities, loanable funds, and other
16assets relating to the school business and affairs of the
17school district shall be transferred and delivered to the
18school board, allowing for a reasonable period of time not to
19exceed 90 days to liquidate any pooled investments; and (3)
20all legal title to and all right, title, and interest formerly
21held by the trustees of schools in any common school lands,
22school buildings, or school sites used and occupied by the
23school board and all rights of property and causes of action
24pertaining to or constituting a part of the common school
25lands, buildings, or sites shall be deemed transferred by
26operation of law to and shall vest in the school board. The

 

 

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1changes made to this Section by this amendatory Act of the
2100th General Assembly are prospective only, starting from the
3effective date of this amendatory Act of the 100th General
4Assembly, and shall not affect any legal action pending on the
5effective date of this amendatory Act of the 100th General
6Assembly in the Illinois courts in which Lyons Township High
7School District 204 is a listed party.
8    Notwithstanding subsections (a) and (c), the school boards
9of Glenbrook High School District 225, Northbrook Elementary
10School District 27, Northbrook School District 28, Sunset
11Ridge School District 29, Northbrook/Glenview School District
1230, West Northfield School District 31, and Glenview Community
13Consolidated School District 34 may, by proper resolution,
14withdraw from the jurisdiction and authority of the trustees
15of schools of Northfield and Maine Townships and the township
16treasurer, provided that the school board shall, upon the
17adoption and passage of the resolution, elect or appoint its
18own school treasurer as provided in Section 8-1 of this Code.
19Upon the adoption and passage of the resolution and the
20election or appointment by the school board of its own school
21treasurer: (1) the trustees of schools in the township or
22townships shall no longer have or exercise any powers or
23duties with respect to the school district or with respect to
24the school business, operations, or assets of the school
25district; (2) all books and records of the trustees of schools
26and all moneys, securities, loanable funds, and other assets

 

 

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1relating to the school business and affairs of the school
2district shall be transferred and delivered to the school
3board; and (3) all legal title to and all right, title, and
4interest formerly held by the trustees of schools in any
5common school lands, school buildings, or school sites used
6and occupied 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.
11    (c) Notwithstanding the provisions of subsection (a), the
12offices of township treasurer and trustee of schools of any
13township located in a Class II county school unit shall be
14abolished as provided in this subsection if all of the
15following conditions are met:
16        (1) During the same 30 day period, each school board
17    of each elementary and unit school district that is
18    subject to the jurisdiction and authority of the township
19    treasurer and trustees of schools of the township in which
20    those offices are sought to be abolished gives written
21    notice by certified mail, return receipt requested to the
22    township treasurer and trustees of schools of that
23    township of the date of a meeting of the school board, to
24    be held not more than 90 nor less than 60 days after the
25    date when the notice is given, at which meeting the school
26    board is to consider and vote upon the question of whether

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1board of each elementary and unit school district and the
2school board of each high school district that is subject to
3the jurisdiction and authority of the township treasurer and
4trustees of schools of that township at the time those offices
5are abolished: (i) shall appoint its own school treasurer as
6provided in Section 8-1; and (ii) unless the term of the
7contract of a township treasurer expires on the date that the
8office of township treasurer is abolished, shall pay to the
9former township treasurer its proportionate share of any
10aggregate compensation that, were the office of township
11treasurer not abolished at that time, would have been payable
12to the former township treasurer after that date over the
13remainder of the term of the contract of the former township
14treasurer that began prior to but ends after that date. In
15addition, on the date that the offices of township treasurer
16and trustee of schools of a township are deemed abolished as
17provided in this subsection, the school board of each
18elementary school, high school and unit school district that
19until that date is subject to the jurisdiction and authority
20of the township treasurer and trustees of schools of that
21township shall be deemed by operation of law to have agreed and
22assumed to pay and, when determined, shall pay to the Illinois
23Municipal Retirement Fund a proportionate share of the
24unfunded liability existing in that Fund at the time these
25offices are abolished in that calendar year for all annuities
26or other benefits then or thereafter to become payable from

 

 

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

 

 

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

 

 

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1to the common school lands and township loanable funds of the
2township a person from time to time also serving as the
3appointed school treasurer of any school district that was
4subject to the jurisdiction and authority of the township
5treasurer and trustees of schools of that township at the time
6those offices were abolished, and the person selected to also
7serve as treasurer of the regional board of school trustees
8shall have his compensation for services in that capacity
9fixed by the regional board of school trustees, to be paid from
10the township loanable funds, and shall make to the regional
11board of school trustees the reports required to be made by
12treasurers of township land commissioners, give bond as
13required by treasurers of township land commissioners, and
14perform the duties and exercise the powers of treasurers of
15township land commissioners; (iv) the regional board of school
16trustees shall designate in the manner provided by Section
178-7, insofar as applicable, a depositary for its treasurer,
18and the proceeds of all rents, issues and profits from the
19common school lands and township loanable funds of that
20township shall be deposited and held in the account maintained
21for those purposes with that depositary and shall be expended
22and distributed therefrom as provided in Section 15-24 and
23other applicable provisions of this Code; and (v) whenever
24there is vested in the trustees of schools of a township at the
25time that office is abolished under this subsection the legal
26title to any school buildings or school sites used or occupied

 

 

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1for school purposes by any elementary school, high school or
2unit school district subject to the jurisdiction and authority
3of those trustees of school at the time that office is
4abolished, the legal title to those school buildings and
5school sites shall be deemed transferred by operation of law
6to and invested in the school board of that school district, in
7its corporate capacity under Section 10-22.35B of this Code,
8the same to be held, sold, exchanged leased or otherwise
9transferred in accordance with applicable provisions of this
10Code.
11    Notwithstanding Section 2-3.25g of this Code, a waiver of
12a mandate established under this Section may not be requested.
13    (d) Notwithstanding any other provision of law, any school
14district that forms a part of a Class II county school unit
15may, by a resolution adopted by at least two-thirds of the
16members of the school board of a school district, withdraw a
17school district from the jurisdiction and authority of the
18trustees of schools of the township in which such school
19district is located and from the jurisdiction and authority of
20the township treasurer of the township in which such school
21district is located, provided that the school board of the
22school district shall, upon the adoption and passage of such
23resolution, thereupon elect or appoint its own school
24treasurer as provided in Section 8-1 of this Code. The
25appointed school treasurer may include a township treasurer.
26The school board may enter into a contractual or

 

 

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1intergovernmental agreement with an appointed school treasurer
2for school treasurer services.
3    Upon adoption and passage of the resolution and the
4election or appointment by the school board of its own school
5treasurer commencing with the first day of the succeeding
6fiscal year, but not prior to July 1, 2025: (1) the trustees of
7schools in the township or townships shall no longer have or
8exercise any powers or duties with respect to the school
9district or with respect to the school business, operations,
10or assets of the school district; (2) all books and records of
11the trustees of schools and all moneys, securities, loanable
12funds, and other assets relating to the school business and
13affairs of the school district shall be transferred and
14delivered to the school board; and (3) all legal title to and
15all right, title, and interest formerly held by the trustees
16of schools in any common school lands, school buildings, or
17school sites used and occupied by the school board and all
18rights of property and causes of action pertaining to or
19constituting a part of the common school lands, buildings, or
20sites shall be deemed transferred by operation of law to and
21shall vest in the school board.
22(Source: P.A. 103-144, eff. 6-30-23.)
 
23    (105 ILCS 5/5-2)  (from Ch. 122, par. 5-2)
24    Sec. 5-2. Governing board.
25    (a) Except as otherwise provided in subsection (b), the

 

 

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1school business of all school townships having school trustees
2shall be transacted by three trustees, to be elected by the
3qualified voters of the township, as provided in this Article
45.
5    (b) This subsection (b) applies only to the trustees of
6schools of Township 38 North, Range 12 East. The school
7business of the township shall be transacted by 4 trustees
8elected by the qualified voters of the township, as provided
9in this Article 5, and 3 trustees appointed by the school
10districts within the township, as provided in this subsection
11(b). An elected trustee and an appointed trustee may represent
12the same school district. Any trustee, whether elected or
13appointed, may serve as an officer of the trustees of schools.
14    The 3 trustees to be appointed shall each be appointed for
15a term of one year as follows:
16        (1) The school boards of Argo Community High School
17    District 217, Summit School District 104, Willow Springs
18    School District 108, and Indian Springs School District
19    109 shall collectively appoint one school board member as
20    a trustee through a nomination process and by a majority
21    vote or by consensus among the school boards. A trustee
22    appointed under this paragraph (1) may be reappointed for
23    a second term as provided under this paragraph (1). After
24    the appointed term or reappointed term of the trustee
25    expires, the school boards shall appoint a successor
26    trustee pursuant to this paragraph (1).

 

 

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1        (2) The school boards of Western Springs School
2    District 101, La Grange School District 102, Lyons School
3    District 103, La Grange School District 105 South,
4    LaGrange Highlands School District 106, and Pleasantdale
5    School District 107 shall collectively appoint one school
6    board member as a trustee through a nomination process and
7    by a majority vote or by consensus among the school
8    boards. A trustee appointed under this paragraph (2) may
9    be reappointed for a second term as provided under this
10    paragraph (2). After the appointed term or reappointed
11    term of the trustee expires, the school boards shall
12    appoint a successor trustee pursuant to this paragraph
13    (2).
14        (3) Each year, among the school board presidents of
15    the school districts within the township, one school board
16    president shall be selected through a nomination process
17    and by a majority vote to appoint a trustee. If no
18    president of a school board is nominated, another officer
19    of one of the school boards may be nominated. For the
20    even-numbered year term, a trustee appointed under this
21    paragraph (3) must be from a feeder elementary school
22    district for Argo Community High School District 217, and,
23    for the odd-numbered year term, a trustee appointed under
24    this paragraph (3) must be from a feeder elementary school
25    district for Lyons Township High School District 204.
26    (c) The trustees shall be a body politic and corporate, by

 

 

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1the name of "trustees of schools of township No. ...., range
2No. ....," according to the number, or in case of school
3townships created from two or more congressional townships,
4such name shall be "trustees of .... township .... county,
5Illinois." Such corporation shall have perpetual existence,
6with power to sue and be sued, and to plead and be impleaded,
7in all courts and places where judicial proceedings are had.
8(Source: P.A. 102-924, eff. 5-27-22.)
 
9    (105 ILCS 5/5-2.1)  (from Ch. 122, par. 5-2.1)
10    Sec. 5-2.1. Eligible Voters: For the purposes of this
11Article persons who are qualified to vote in school elections
12shall be eligible to vote for the trustees of schools who have
13jurisdiction over the elementary school district or unit
14school district in which the person resides.
15    If the application of this Section results in an elector
16voting for trustees of a school township in which he does not
17reside because the elementary or unit school district crosses
18township boundaries and has been assigned to the jurisdiction
19of the trustees of an adjoining township, that elector shall
20also be eligible to vote for the trustees of the township
21within which he resides. Moreover, an elector who resides in a
22high school district that crosses township boundaries and has
23been assigned to the jurisdiction of the trustees of an
24adjoining township shall be eligible to vote for both the
25trustees of the township in which he or she resides and the

 

 

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1trustees of the township having jurisdiction over the high
2school district in which he or she resides.
3    This Section is repealed on the effective date of this
4amendatory Act of the 103rd General Assembly.
5(Source: P.A. 94-432, eff. 8-2-05.)
 
6    (105 ILCS 5/5-2.2)
7    Sec. 5-2.2. Designation of trustees; Township 36 North,
8Range 13 East. After the April 5, 2011 consolidated election,
9the trustees of schools in Township 36 North, Range 13 East
10shall no longer be elected pursuant to the provisions of
11Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any
12such trustees elected before such date may complete the term
13to which that trustee was elected, but shall not be succeeded
14by election. Instead, the board of education or board of
15school directors of each of the elementary and high school
16districts that are subject to the jurisdiction of Township 36
17North, Range 13 East shall appoint one of the members to serve
18as trustee of schools. The trustees of schools shall be
19appointed by each board of education or board of school
20directors within 60 days after the effective date of this
21amendatory Act of the 97th General Assembly and shall
22reorganize within 30 days after all the trustees of schools
23have been appointed or within 30 days after all the trustees of
24schools were due to have been appointed, whichever is sooner.
25Trustees of schools so appointed shall serve at the pleasure

 

 

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1of the board of education or board of school directors
2appointing them, but in no event longer than 2 years unless
3reappointed.
4    After the April 4, 2023 consolidated election, no trustees
5of schools shall be elected. Any trustees elected or appointed
6on or before April 4, 2023 may complete the term to which that
7trustee was trustees elected or appointed, but may not be
8succeeded by election. Each school board of each school
9district that is a part of a Class II county school unit shall
10appoint one member of the school board or one school employee
11to serve as trustee of schools of the township in which such
12school district is located. The trustees of schools shall be
13appointed by each school board within 60 days after the
14effective date of this amendatory Act of the 103rd General
15Assembly and shall reorganize within 30 days after all the
16trustees of schools have been appointed or within 90 days
17after the effective date of this amendatory Act of the 103rd
18General Assembly, whichever is sooner. A trustee of schools
19shall serve at the pleasure of the school board that appointed
20the trustee of schools but may not serve as a trustee of
21schools for longer than 2 years unless reappointed by the
22school board.
23    A majority of members of the trustees of schools shall
24constitute a quorum for the transaction of business. The
25trustees shall organize by appointing one of their number
26president, who shall hold the office for 2 years. If the

 

 

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1president is absent from any meeting, or refuses to perform
2any of the duties of the office, a president pro-tempore may be
3appointed. Trustees who serve on the board as a result of
4appointment or election at the time of the reorganization
5shall continue to serve as a member of the trustees of schools,
6with no greater or lesser authority than any other trustee,
7until such time as their elected term expires.
8    Each trustee of schools appointed by a board of education
9or board of school directors shall be entitled to
10indemnification and protection against claims and suits by the
11board that appointed that trustee of schools for acts or
12omissions as a trustee of schools in the same manner and to the
13same extent as the trustee of schools is entitled to
14indemnification and protection for acts or omissions as a
15member of the board of education or board of school directors
16under Section 10-20.20 of this Code.
17(Source: P.A. 99-642, eff. 7-28-16.)
 
18    (105 ILCS 5/5-3)  (from Ch. 122, par. 5-3)
19    Sec. 5-3. Eligibility of trustees. No person shall be
20eligible to the office of trustee of schools who is not a
21resident of the township and at least 18 years of age. If there
22are 3 or more school districts in a township which are subject
23to the jurisdiction of the trustees of schools of that
24township, no 2 trustees shall reside, when elected, in the
25same school district; except that in townships in which at

 

 

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1least 90% of the electors reside in one school district which
2is subject to the jurisdiction of the trustees of schools of
3that township, this restriction shall not apply. No person
4shall be eligible to the office of trustee of schools and
5school director or school board member at the same time.
6    This Section does not apply to trustees appointed under
7subsection (b) of Section 5-2.
8    This Section is repealed on the effective date of this
9amendatory Act of the 103rd General Assembly.
10(Source: P.A. 102-924, eff. 5-27-22.)
 
11    (105 ILCS 5/5-4)  (from Ch. 122, par. 5-4)
12    Sec. 5-4. Election of trustees. The election of trustees
13of schools shall be held in odd-numbered years at the election
14specified in the general election law. In townships in which
15no election for school trustees has been held, or in townships
16in which from any cause there are no trustees of schools and
17the law requires that there be school trustees, the election
18of trustees of schools shall be held at the same time.
19    No person shall be nominated for the office of trustee of
20schools, in townships containing 20,000 inhabitants or over,
21except by petition signed by at least 5% or 500 of the voters
22of the school township in which the person is seeking
23nomination and election who last cast votes in the most recent
24election, whichever is less, filed with the township
25treasurer, or, in case of a first election, with the county

 

 

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1clerk.
2    A candidate for election as a school trustee, who has
3petitioned for nomination to fill a full term and to fill a
4vacant term to be voted upon at the same election, must
5withdraw his or her petition for nomination from either the
6full term or the vacant term by written declaration, which
7shall be signed and acknowledged by an officer authorized to
8take such acknowledgments and which is filed with the township
9treasurer in the township in which he or she is a candidate
10within the time provided by the general election law.
11    This Section is repealed on the effective date of this
12amendatory Act of the 103rd General Assembly.
13(Source: P.A. 102-924, eff. 5-27-22.)
 
14    (105 ILCS 5/5-12)  (from Ch. 122, par. 5-12)
15    Sec. 5-12. Trustees' names and townships to regional
16superintendent. The returns of an election for trustees of
17schools shall be made to the county clerk. He shall furnish to
18the regional superintendent of schools, within 7 days after
19the returns have been made, the names of the trustees so
20returned to him, and shall specify the townships in which they
21have been elected.
22    This Section is repealed on the effective date of this
23amendatory Act of the 103rd General Assembly.
24(Source: P.A. 81-1490.)
 

 

 

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1    (105 ILCS 5/5-13)  (from Ch. 122, par. 5-13)
2    Sec. 5-13. Term of office of trustees. In townships
3already organized, the school trustee shall be elected in each
4odd numbered year for a term of 6 years to succeed the trustee
5whose term expires in such odd numbered year.
6    The first-elected trustees in a newly organized township
7shall at their first meeting cast lots for their respective
8terms of office, for 2, 4 and 6 years; and thereafter 1 trustee
9shall be elected in each odd-numbered year.
10    This Section is inoperative on the effective date of this
11amendatory Act of the 103rd General Assembly.
12(Source: P.A. 81-1490.)
 
13    (105 ILCS 5/5-16)  (from Ch. 122, par. 5-16)
14    Sec. 5-16. Meetings - Quorum. The trustees of school shall
15hold regular meetings on the first Monday of each calendar
16quarter or if such Monday falls on a holiday, then on the
17following Monday. Special meetings may be called at any time
18by the president or by a majority of the two members. A
19majority of the Two members shall constitute a quorum for the
20transaction of business.
21(Source: P.A. 81-338.)
 
22    (105 ILCS 5/8-1)  (from Ch. 122, par. 8-1)
23    Sec. 8-1. Treasurers.
24    (a) Except as otherwise provided in subsections (b) and

 

 

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1(c), in Class II county school units the trustees of schools
2shall appoint a treasurer who shall be ex-officio clerk of the
3board. The term of the township treasurer shall be for a 2 year
4period beginning and ending on the first of July. The
5treasurer shall be a resident of the township, but not be a
6trustee, or school board member. He shall attend all meetings
7and keep a record of the official proceedings of the trustees
8of schools. Such record shall be open to public inspection.
9All proceedings, when recorded, shall be signed by the
10president and the clerk. If the clerk is absent, or refuses to
11perform any of his duties, a clerk pro tempore may be
12appointed. For sufficient cause the treasurer may be removed
13from office by the trustees of schools. In case of a vacancy
14the trustees of schools shall elect a treasurer for the
15unexpired term.
16    (b) In Class I county school units, and in each school
17district which forms a part of a Class II county school unit
18but which has withdrawn from the jurisdiction and authority of
19the trustees of schools of the township in which such school
20district is located and from the jurisdiction and authority of
21the township treasurer in such Class II county school unit as
22provided in subsection (b) of Section 5-1, each school board
23shall either elect one of its members to serve as treasurer
24without salary for a period of one year or appoint someone, not
25a member of the school board, as its treasurer, and, except as
26provided in this Section the board shall fix his compensation.

 

 

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1An appointed treasurer shall serve at the pleasure of the
2board. An appointed treasurer shall be at least 21 years of
3age, of approved integrity, but not a member of the county
4board of school trustees. The records of the treasurer shall
5be open to public inspection. Two or more such districts may
6appoint the same treasurer. In case of a vacancy caused by the
7death, resignation or the removal from office of the school
8treasurer the school board shall appoint a treasurer. The
9school board may determine the temporary incapacity of its
10treasurer occasioned by illness, absence from the district or
11any other cause which prevents the prompt performance of his
12duties and appoint an acting treasurer to serve until the
13board determines such temporary incapacity no longer exists.
14    (c) The school board of each elementary school, high
15school and unit school district that forms a part of a Class II
16county school unit and that was under the jurisdiction and
17authority of the township treasurer and trustees of schools of
18a township at the time those offices were abolished in that
19township as provided in subsection (c) of Section 5-1 shall
20appoint a person to serve as treasurer of the school board. The
21term of each school treasurer appointed under this subsection
22shall be for a 2 year period beginning and ending on the first
23day of July. A person appointed under this subsection to serve
24as treasurer of a school board shall not be the superintendent
25of schools of the school district. A person appointed and
26serving under this subsection as treasurer of a school board

 

 

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1may concurrently serve as the treasurer of the regional board
2of school trustees, if selected to serve in that capacity by
3the regional board of school trustees, as provided in
4subsection (c) of Section 5-1. The school board shall fix the
5compensation of its school treasurer, and for sufficient cause
6may remove the school treasurer from office. However, if a
7member of the school board is also school treasurer, he or she
8shall perform his or her duties as school treasurer without
9compensation. In the case of a vacancy, the school board shall
10appoint a school treasurer for the unexpired term. The school
11board may determine the temporary incapacity of its treasurer
12due to illness, absence from the district, or other cause that
13prevents the prompt performance of his duties and may appoint
14an acting treasurer to serve until the school board determines
15that the temporary incapacity of its treasurer no longer
16exists.
17    (d) After October 1, 1977, each treasurer in a Class I
18county school unit appointed under this Section for his first
19term shall have a financial background or related experience
20or 12 semester hours of credit of college level accounting.
21    (e) After August 14, 1989, any treasurer appointed under
22this Section for his first term in Class II county school
23units, including any person appointed by a school board to
24serve as its treasurer as provided in subsection (c) of this
25Section, shall be a certified public accountant or a certified
26chief school business official as defined in part (3) of

 

 

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1Section 21-7.3 of this Act. Experience as a township treasurer
2in a Class II county school unit prior to July 1, 1989 shall be
3deemed the equivalent of certification.
4    (f) Concurrently with the election or appointment of its
5own school treasurer by the school board of a school district
6which forms a part of a Class II county school unit but which
7no longer is subject to the jurisdiction and authority of a
8township treasurer or trustees of schools of a township
9because the district has withdrawn from the jurisdiction and
10authority of the township treasurer and trustees of schools of
11the township or because those offices have been abolished as
12provided in subsection (b) or (c) of Section 5-1, all funds,
13accounts, moneys, notes, bonds, mortgages and effects then
14held by such township treasurer on behalf or for the use and
15benefit of, or then credited by such township treasurer to any
16fund or account of such school district shall thereupon be
17transferred and paid over by such township treasurer to the
18school treasurer elected or appointed by the school board of
19such school district. In addition the school treasurer of such
20school district shall have the right, at all reasonable times,
21to inspect all cash books, loan books, district account books
22and journals kept by such township treasurer as provided in
23Section 8-5 and to copy or otherwise reproduce such portions
24thereof as such school treasurer deems necessary for the
25performance of his duties.
26    (g) Upon the abolition of the offices of the township

 

 

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1treasurer and trustee of schools of a township as provided in
2subsection (c) of Section 5-1, and subject to the limitation
3of subsection (b) of Section 8-5 with respect to certain
4records to be surrendered to the regional board of school
5trustees, and except as otherwise provided in subsection (c)
6of Section 5-1 with respect to the common school lands and
7township loanable funds of that township and with respect to
8the records, books and accounts relating to those common
9school lands and township loanable funds, all school funds and
10accounts, moneys, notes, bonds, securities, district account
11books and other documents, records and effects then held by
12the former township treasurer on behalf or for the use and
13benefit of, or then credited by the former township treasurer
14to any fund or account of any school district that was under
15the jurisdiction and authority of the township treasurer at
16the time the office of that township treasurer was abolished
17shall thereupon be transferred and paid over by the former
18township treasurer to the appropriate school treasurer
19appointed by the school board of each such district under
20subsection (c) of this Section 8-1.
21    (h) If the school district of a school treasurer elected
22or appointed under this Section is receiving emergency State
23financial assistance under Article 1B, that school treasurer
24is subject to the provisions of Article 1B.
25(Source: P.A. 96-538, eff. 8-14-09.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".