Public Act 103-0144
 
HB2160 EnrolledLRB103 30168 RJT 56596 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
5-1 as follows:
 



    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)


    Sec. 5-1. County school units. 

    (a) The territory in each county, exclusive of
any school 
district governed by any special act which requires the 
district
to appoint its own school treasurer, shall constitute 
a county school unit.
County school units of less than 
2,000,000 inhabitants shall be known as
Class I county school 
units and the office of township trustees, where
existing on 
July 1, 1962, in such units shall be abolished on that date and

all books and records of such former township trustees shall 
be forthwith
thereafter transferred to the county board of 
school trustees. County
school units of 2,000,000 or more 
inhabitants shall be known as Class II
county school units and 
shall retain the office of township trustees
unless otherwise 
provided in subsection (b) or (c).

    (b) Notwithstanding subsections (a) and (c), the
school 
board of any elementary school district having a fall, 1989

aggregate enrollment of at least 2,500 but less than 6,500 
pupils and
having boundaries that are coterminous with the 
boundaries of a high school
district, and the school board of 
any high school district having a fall,
1989 aggregate 
enrollment of at least 2,500 but less than 6,500 pupils and

having boundaries that are coterminous with the boundaries of 
an elementary
school district, may, whenever the territory of 
such school district forms
a part of a Class II county school

unit, by proper resolution withdraw such school district from 
the
jurisdiction and authority of the trustees of schools of 
the township in
which such school district is located and from 
the jurisdiction and
authority of the township treasurer in 
such Class II county school unit;
provided that the school 
board of any such school district shall, upon the
adoption and 
passage of such resolution, thereupon elect or appoint its own

school treasurer as provided in Section 8-1.  Upon the adoption 
and passage
of such resolution and the election or appointment 
by the school board of
its own school treasurer: (1) the 
trustees of schools in such township
shall no longer have or 
exercise any powers and duties with respect to the
school 
district governed by such school board or with respect to the 
school
business, operations or assets of such school district; 
and (2) all books
and
records of the township trustees 
relating to the school business and
affairs of such school 
district shall be transferred and delivered to the
school 
board of such school district.  Upon the effective date of this

amendatory Act of 1993, the legal title to, and all right, 
title
and interest
formerly held by the township trustees in 
any school buildings and
school sites
used and occupied by the 
school board of such school district for school
purposes, that 
legal title, right, title and interest thereafter having
been 
transferred to and vested in the regional
board
of school 
trustees under P.A. 87-473 until the abolition of that 
regional
board of school trustees by P.A. 87-969, shall be 
deemed transferred by
operation of law to and shall vest in the 
school board of that school
district.

    Notwithstanding subsections (a) and (c), the school boards 
of Oak Park & River Forest District 200, Oak Park Elementary 
School District 97, and River Forest School District 90 may, 
by proper resolution, withdraw from the jurisdiction and 
authority of the trustees of schools of Proviso and Cicero 
Townships and the township treasurer, provided that the school 
board shall, upon the adoption and passage of the resolution, 
elect or appoint its own school treasurer as provided in 
Section 8-1 of this Code.  Upon the adoption and passage of the 
resolution and the election or appointment by the school board 
of its own school treasurer: (1) the trustees of schools in the 
township or townships shall no longer have or exercise any 
powers or duties with respect to the school district or with 
respect to the school  business, operations, or assets of the 
school district; (2) all books and records of the  trustees of 
schools and all moneys, securities, loanable funds, and other 
assets relating to the school business and affairs of the 
school district shall be transferred and delivered to the 
school board; and (3) all legal title to and all right, title, 
and interest formerly held by the trustees of schools in any 
common school lands, school buildings, or school sites used 
and occupied by the school board and all rights of property and 
causes of action pertaining to or constituting a part of the 
common school lands, buildings, or sites shall be deemed 
transferred by operation of law to and shall vest in the school 
board.

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

    Notwithstanding subsections (a) and (c) of this Section 
and upon final judgment, including the exhaustion of all 
appeals or a settlement between all parties, regarding claims 
set forth in the case of Township Trustees of Schools Township 
38 North, Range 12 East v. Lyons Township High School District 
No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit 
Court of Cook County, Illinois, County Department, Chancery 
Division, and all related pending claims, the
school board of 
Lyons Township High School District 204 may commence, by 
proper resolution, to withdraw  from the jurisdiction and 
authority of the trustees of schools of Lyons Township and the 
township treasurer, provided that
the school board shall, upon 
the adoption and passage of the
resolution, elect or appoint 
its own school treasurer as
provided in Section 8-1 of this 
Code. Upon the adoption and
passage of the resolution and the 
election or appointment by
the school board of its own school 
treasurer commencing with the first day of the succeeding 
fiscal year, but not prior to July 1, 2019: (1) the trustees  of 
schools in the township shall no longer have or exercise any  
powers or duties with respect to the school district or with  
respect to the school business, operations, or assets of the  
school district; (2) all books and records of the trustees of

schools and all moneys, securities, loanable funds, and other

assets relating to the school business and affairs of the

school district shall be transferred and delivered to the

school board, allowing for a reasonable period of  time not to 
exceed 90 days to liquidate any pooled investments; and (3) 
all legal title to and all right, title,
and interest formerly 
held by the trustees of schools in any
common school lands, 
school buildings, or school sites used and
occupied by the 
school board and all rights of property and
causes of action 
pertaining to or constituting a part of the
common school 
lands, buildings, or sites shall be deemed
transferred by 
operation of law to and shall vest in the school
board. The 
changes made to this Section by this amendatory Act of the 
100th General Assembly are prospective only, starting from the 
effective date of this amendatory Act of the 100th General 
Assembly, and shall not affect any legal action pending on the 
effective date of this amendatory Act of the 100th General 
Assembly in the Illinois courts in which Lyons Township High 
School District 204 is a listed party.
    Notwithstanding subsections (a) and (c), the school boards 
of Glenbrook High School District 225, Northbrook Elementary 
School District 27, Northbrook School District 28, Sunset 
Ridge School District 29, Northbrook/Glenview School District 
30, West Northfield School District 31, and Glenview Community 
Consolidated School District 34 may, by proper resolution, 
withdraw from the jurisdiction and authority of the trustees 
of schools of Northfield and Maine Townships and the township 
treasurer, provided that the school board shall, upon the 
adoption and passage of the resolution, elect or appoint its 
own school treasurer as provided in Section 8-1 of this Code. 
Upon the adoption and passage of the resolution and the 
election or appointment by the school board of its own school 
treasurer: (1) the trustees of schools in the township or 
townships shall no longer have or exercise any powers or 
duties with respect to the school district or with respect to 
the school business, operations, or assets of the school 
district; (2) all books and records of the trustees of schools 
and all moneys, securities, loanable funds, and other assets 
relating to the school business and affairs of the school 
district shall be transferred and delivered to the school 
board; and (3) all legal title to and all right, title, and 
interest formerly held by the trustees of schools in any 
common school lands, school buildings, or school sites used 
and occupied by the school board and all rights of property and 
causes of action pertaining to or constituting a part of the 
common school lands, buildings, or sites shall be deemed 
transferred by operation of law to and shall vest in the school 
board. 
    (c) Notwithstanding the provisions of subsection (a), the 
offices of
township treasurer and trustee of schools of any 
township located in a Class
II county school unit shall be 
abolished as provided in this subsection
if all of the 
following conditions are met:

        (1) During the same 30 day period, each school board 
    of each
elementary and unit school district that is 
    subject to the jurisdiction and
authority of the township 
    treasurer and trustees of schools of the township
in which 
    those offices are sought to be abolished gives written 
    notice by
certified mail, return receipt requested to the 
    township treasurer and
trustees of schools of that 
    township of the date of a meeting of the school
board, to 
    be held not more than 90 nor less than 60 days after the 
    date
when the notice is given, at which meeting the school 
    board is to consider
and vote upon the question of whether 
    there shall be submitted to the
electors of the school 
    district a proposition to abolish the offices of
township 
    treasurer and trustee of schools of that township.  None of 
    the
notices given under this paragraph to the township 
    treasurer and trustees
of schools of a township shall be 
    deemed sufficient or in compliance with
the requirements 
    of this paragraph unless all of those notices are given

    within the same 30 day period.

        (2) Each school board of each elementary and unit 
    school district that
is subject to the jurisdiction and 
    authority of the township treasurer and
trustees of 
    schools of the township in which those offices are sought 
    to
be abolished, by the affirmative vote of at least 5 
    members of the school
board at a school board meeting of 
    which notice is given as required by
paragraph (1) of this 
    subsection, adopts a resolution requiring the
secretary of 
    the school board to certify to the proper election 
    authorities
for submission to the electors of the school 
    district at the next
consolidated election in accordance 
    with the general
election law a
proposition to abolish the 
    offices of township treasurer and trustee of
schools of 
    that township. None of the resolutions adopted under this

    paragraph by any elementary or unit school districts that 
    are subject to
the jurisdiction and authority of the 
    township treasurer and trustees of
schools of the township 
    in which those offices are sought to be abolished
shall be 
    deemed in compliance with the requirements of this 
    paragraph or
sufficient to authorize submission of the 
    proposition to abolish those
offices to a referendum of 
    the electors in any such school district unless
all of the 
    school boards of all of the elementary and unit school 
    districts
that are subject to the jurisdiction and 
    authority of the township
treasurer and trustees of 
    schools of that township adopt such a resolution
in 
    accordance with the provisions of this paragraph.

        (3) The school boards of all of the elementary and 
    unit school
districts that are subject to the jurisdiction 
    and authority of the
township treasurer and trustees of 
    schools of the township in which those
offices are sought 
    to be abolished submit a proposition to abolish the

    offices of township treasurer and trustee of schools of 
    that township to
the electors of their respective school 
    districts at the same consolidated
election in accordance 
    with the general election law, the ballot in each
such 
    district to be in substantially the following form:

    -------------------------------------------------------------

OFFICIAL BALLOT


            Shall the offices of township

            treasurer and                       YES

            trustee of                      -------------

            schools of Township .....           NO

            Range ..... be abolished?

    -------------------------------------------------------------

        (4) At the consolidated election at which the

    proposition to abolish
the offices of township treasurer 
    and trustee of schools of a township is
submitted to the 
    electors of each elementary and unit school district that

    is subject to the jurisdiction and authority of the 
    township treasurer and
trustee of schools of that 
    township, a majority of the electors voting on
the 
    proposition in each such elementary and unit school 
    district votes in
favor of the proposition as submitted to 
    them.

    If in each elementary and unit school district that is 
subject to the
jurisdiction and authority of the township 
treasurer and trustees of
schools of the township in which 
those offices are sought to be abolished a
majority of the 
electors in each such district voting at the consolidated

election on the proposition to abolish the offices of township 
treasurer
and trustee of schools of that township votes in 
favor of the proposition
as submitted to them, the proposition 
shall be deemed to have passed; but
if in any such elementary 
or unit school district a majority of the
electors voting on 
that proposition in that district fails to vote in favor
of the 
proposition as submitted to them, then notwithstanding the 
vote of
the electors in any other such elementary or unit 
school district on that
proposition the proposition shall not 
be deemed to have passed in any of
those elementary or unit 
school districts, and the offices of township
treasurer and 
trustee of schools of the township in which those offices
were 
sought to be abolished shall not be abolished, unless in each 
of those
elementary and unit school districts remaining 
subject to the jurisdiction
and authority of the township 
treasurer and trustees of schools of that
township proceedings 
are again initiated to abolish those offices and all
of the 
proceedings and conditions prescribed in paragraphs (1) 
through (4)
of this subsection are repeated and met in each of 
those elementary and
unit school districts.

    Notwithstanding the foregoing provisions of this Section 
or any other
provision of the School Code, the offices of 
township treasurer and trustee of
schools of a township that 
has a population of less than 200,000 and that
contains a unit 
school district and is located in a Class II county school unit

shall also be
abolished as provided in this subsection if all 
of the conditions set forth in
paragraphs (1), (2), and (3) of 
this subsection are met
and if the following additional 
condition is met:

        The electors in all of the school districts subject to 
    the jurisdiction and
authority of the township treasurer 
    and trustees of schools of the township in
which those 
    offices are sought to be abolished shall vote at the

    consolidated
election on the proposition to abolish the 
    offices of township treasurer and
trustee of schools of 
    that township.  If a majority of the electors in all of
the 
    school districts combined voting on the proposition vote 
    in favor of the
proposition, then the proposition shall be 
    deemed to have passed; but if a
majority of the electors 
    voting on the proposition in all of the school
district 
    fails to vote in favor of the proposition as submitted to 
    them, then
the proposition shall not be deemed to have 
    passed and the offices of township
treasurer and trustee 
    of schools of the township in which those offices were

    sought to be abolished shall not be abolished, unless and 
    until the proceedings
detailed in paragraphs (1) through 
    (3) of this subsection and the conditions
set forth in 
    this paragraph are met.

    If the proposition to abolish the offices of township 
treasurer and
trustee of schools of a township is deemed to 
have passed at the
consolidated election as provided in this 
subsection,
those offices shall be
deemed abolished by 
operation of law effective on January 1
of the
calendar year 
immediately following the calendar year in which that

consolidated election is held, provided that if after the

election, the trustees of schools by resolution elect to 
abolish the offices of
township treasurer and trustee of 
schools effective on July 1 immediately
following the 
election, then the offices shall be abolished on July 1

immediately following the election.
On the date that
the 
offices of township treasurer and trustee of schools of a

township are deemed abolished by operation of law, the school 
board of each
elementary and unit school district and the 
school board of each high
school district that is subject to 
the jurisdiction and authority of the
township treasurer and 
trustees of schools of that township at the time
those offices 
are abolished: (i) shall appoint its own school treasurer as

provided in Section 8-1; and (ii) unless the term of the 
contract of a
township treasurer expires on the date that the 
office of township
treasurer is abolished, shall pay to the 
former township treasurer its
proportionate share of any 
aggregate compensation that, were the office of
township 
treasurer not abolished at that time, would
have been payable 
to the former township treasurer after that date over the

remainder of the term of the contract of the former township 
treasurer that
began prior to but ends after that date. In 
addition, on the date that the offices of township treasurer 
and trustee of
schools of a township are deemed abolished as 
provided in this subsection,
the school board of each 
elementary school, high school and unit school
district that 
until that date is subject to the jurisdiction and authority

of the township treasurer and trustees of schools of that 
township shall be
deemed by operation of law to have agreed and 
assumed to pay and, when
determined, shall pay to the Illinois 
Municipal Retirement
Fund a proportionate share of the 
unfunded liability existing in that Fund
at the time these 
offices are abolished in that
calendar year for all annuities 
or other benefits then or
thereafter to become payable from 
that Fund with respect to all periods of
service performed 
prior to that date as a participating employee in that
Fund by 
persons serving during those periods of service as a trustee 
of
schools, township treasurer or regular employee in the 
office of the
township treasurer of that township.  That 
unfunded liability shall be
actuarially determined by the 
board of trustees of the Illinois Municipal
Retirement Fund, 
and the board of trustees shall thereupon notify each
school 
board required to pay a proportionate share of that unfunded

liability of the aggregate amount of the unfunded liability so 
determined.
The amount so paid to the Illinois Municipal 
Retirement Fund by each of
those school districts shall be 
credited to the account of the township in
that Fund. For each 
elementary school, high school and unit school district
under 
the jurisdiction and authority of a township treasurer and 
trustees
of schools of a township in which those offices are 
abolished as provided
in this subsection, each such district's 
proportionate share of the
aggregate compensation payable to 
the former township treasurer as provided
in this paragraph 
and each such district's proportionate share of the
aggregate 
amount of the unfunded liability payable to the Illinois

Municipal Retirement Fund as provided in this paragraph shall 
be computed
in accordance with the ratio that the number of 
pupils in average daily
attendance in each such district for 
the school year last ending prior to the date on which
the 
offices of township treasurer and trustee of schools of that 
township
are abolished bears to the aggregate number of pupils 
in average daily
attendance in all of those districts as so 
reported for that school year.

    Upon abolition of the offices of township treasurer and 
trustee of
schools of a township as provided in this 
subsection: (i) the regional
board of school trustees, in its 
corporate capacity, shall be deemed the
successor in interest 
to the former trustees of schools of that township
with 
respect to the common school lands and township loanable funds 
of the
township; (ii) all right, title and interest existing 
or vested in the
former trustees of schools of that township in 
the common school lands and
township loanable funds of the 
township, and all records, moneys,
securities and other 
assets, rights of property and causes of action
pertaining to 
or constituting a part of those common school lands or

township loanable funds, shall be transferred to and deemed 
vested by
operation of law in the regional board of school 
trustees, which shall hold
legal title to, manage and operate 
all common school lands and township
loanable funds of the 
township, receive the rents, issues and profits
therefrom, and 
have and exercise with respect thereto the same powers and

duties as are provided by this Code to be exercised by regional 
boards of
school trustees when acting as township land 
commissioners in counties
having at least 220,000 but fewer 
than 2,000,000 inhabitants; (iii) the
regional board of school 
trustees shall select to serve as its treasurer
with respect 
to the common school lands and township loanable funds of the

township a person from time to time also serving as the 
appointed school
treasurer of any school district that was 
subject to the jurisdiction and
authority of the township 
treasurer and trustees of schools of that
township at the time 
those offices were abolished, and the person selected
to also 
serve as treasurer of the regional board of school trustees 
shall
have his compensation for services in that capacity 
fixed by the regional
board of school trustees, to be paid from 
the township loanable funds, and
shall make to the regional 
board of school trustees the reports required to be
made by 
treasurers of township land commissioners, give bond as 
required by
treasurers of township land commissioners, and 
perform the duties and
exercise the powers of treasurers of 
township land commissioners; (iv) the
regional board of school 
trustees shall designate in the manner provided by
Section 
8-7, insofar as applicable, a depositary for its treasurer, 
and the
proceeds of all rents, issues and profits from the 
common school lands and
township loanable funds of that 
township shall be deposited and held in the
account maintained 
for those purposes with that depositary and shall be
expended 
and distributed therefrom as provided in Section 15-24 and 
other
applicable provisions of this Code; and (v) whenever 
there is vested in the
trustees of schools of a township at the 
time that office is abolished
under this subsection the legal 
title to any school buildings or school
sites used or occupied 
for school purposes by any elementary school, high
school or 
unit school district subject to the jurisdiction and authority 
of
those trustees of school at the time that office is 
abolished, the legal
title to those school buildings and 
school sites shall be deemed
transferred by operation of law 
to and invested in the
school board of that school district, in 
its corporate
capacity under Section 10-22.35B of this Code, 
the
same to be held, sold, exchanged leased or otherwise 
transferred in
accordance with applicable provisions of this 
Code.

    Notwithstanding Section 2-3.25g of this Code, a waiver of 
a mandate
established under this Section may not be requested.

(Source: P.A. 100-374, eff. 8-25-17; 100-921, eff. 8-17-18.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  6/30/2023