101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5357

 

Introduced , by Rep. Jim Durkin

 

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

    Amends the Trustees of Schools Article of the School Code. Provides that the school board of a high school district located in a Class II county school unit may, by proper resolution, withdraw from the jurisdiction and authority of the township treasurer and the trustees of schools of a township in which all or any part of the school district is located. Requires the school board to elect or appoint its own school treasurer. Thereafter, provides that the trustees of schools shall no longer have or exercise any powers and duties with respect to the school district or the school district's business, operations, or assets; requires the township trustees to transfer and deliver to the school board all books and records relating to the school district's business and affairs; and provides that legal title to school buildings and school sites located within the school district shall be deemed transferred by operation of law to and shall vest in the school board. Effective immediately.


LRB101 16921 CMG 66320 b

 

 

A BILL FOR

 

HB5357LRB101 16921 CMG 66320 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
55-1a as follows:
 
6    (105 ILCS 5/5-1a)  (from Ch. 122, par. 5-1a)
7    Sec. 5-1a. High school districts.
8    (a) Notwithstanding any other provision of this Article or
9the School Code, the school board of any high school district
10that is located in a Class II county school unit and that on or
11after the effective date of this amendatory Act of 1991 is
12subject to the jurisdiction and authority of a township
13treasurer and trustees of schools of a township in which all or
14any part of that school district is located may not withdraw
15from the jurisdiction and authority of that township treasurer
16and those trustees of schools, by proper resolution, and upon
17the adoption and passage of the resolution, thereupon elect or
18appoint its own school treasurer as provided in Section 8-1.
19Upon the adoption and passage of a resolution and the election
20or appointment by the school board of its own school treasurer:
21(1) the trustees of schools shall no longer have or exercise
22any powers and duties with respect to the school district
23governed by the school board or with respect to the school

 

 

HB5357- 2 -LRB101 16921 CMG 66320 b

1business, operations, or assets of the school district; and (2)
2all books and records of the township trustees relating to the
3school business and affairs of the school district shall be
4transferred and delivered to the school board of the school
5district. Upon withdrawal, the legal title to and all right,
6title, and interest formerly held by the township trustees in
7any school buildings and school sites used and occupied by the
8school board of the withdrawing school district for school
9purposes, that legal title, right, title, and interest
10thereafter having been transferred to and vested in the
11regional board of school trustees under Public Act 87-473 until
12the abolition of that regional board of school trustees by
13Public Act 87-969, shall be deemed transferred by operation of
14law to and shall vest in the school board of that school
15district. and transfer or otherwise submit to the jurisdiction
16and authority of a township treasurer or trustees of school of
17another township, unless the school board of each underlying
18elementary school district whose territory includes all or any
19part of the territory included within that high school
20district, by resolution, consents to the proposed withdrawal by
21the school board of that high school district from the
22jurisdiction and authority of the township treasurer and
23trustees of schools of the township to which that high school
24district is subject and the transfer or other submission by the
25school board of that high school district to the jurisdiction
26and authority of a township treasurer or trustees of schools of

 

 

HB5357- 3 -LRB101 16921 CMG 66320 b

1another township.
2    (b) A high school district that is subject to the
3jurisdiction and authority of the township treasurer and
4trustees of schools of a township in which those offices are
5abolished as provided in subsection (c) of Section 5-1 shall
6thereupon be required to appoint its own school treasurer as
7provided in paragraph (4) of subsection (c) of Section 5-1 and
8subsection (c) of Section 8-1, and shall be subject to and
9governed by the other changes made to the School Code by this
10amendatory Act of 1991, insofar as the same are applicable to a
11high school district.
12(Source: P.A. 87-473.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.