Sen. Don Harmon
Filed: 3/10/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1493 




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    AMENDMENT NO. ______. Amend Senate Bill 1493  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The School Code is amended  by changing Section 
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5-1 as follows:
 



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



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    Sec. 5-1. County school units. 

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    (a) The territory in each county, exclusive of
any school 
9
district governed by any special act which requires the
the

10
district
to appoint its own school treasurer, shall constitute 
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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).

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

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aggregate enrollment of at least 2,500 but less than 6,500 
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pupils and
having boundaries that are coterminous with the 
 


 






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

4
having boundaries that are coterminous with the boundaries of 
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an elementary
school district, may, whenever the territory of 
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such school district forms
a part of a Class II county school

7
unit, by proper resolution withdraw such school district from 
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the
jurisdiction and authority of the trustees of schools of 
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the township in
which such school district is located and from 
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the jurisdiction and
authority of the township treasurer in 
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such Class II county school unit;
provided that the school 
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board of any such school district shall, upon the
adoption and 
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passage of such resolution, thereupon elect or appoint its own

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school treasurer as provided in Section 8-1.  Upon the adoption 
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and passage
of such resolution and the election or appointment 
16
by the school board of
its own school treasurer: (1) the 
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trustees of schools in such township
shall no longer have or 
18
exercise any powers and duties with respect to the
school 
19
district governed by such school board or with respect to the 
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school
business, operations or assets of such school district; 
21
and (2) all books
and
records of the township trustees relating 
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to the school business and
affairs of such school district 
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shall be transferred and delivered to the
school board of such 
24
school district.  Upon the effective date of this
amendatory Act 
25
of 1993, the legal title to, and all right, title
and interest

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formerly held by the township trustees in any school buildings 
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and
school sites
used and occupied by the school board of such 
28
school district for school
purposes, that legal title, right, 
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title and interest thereafter having
been transferred to and 
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vested in the regional
board
of school trustees under P.A. 
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87-473 until the abolition of that regional
board of school 
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trustees by P.A. 87-969, shall be deemed transferred by

33
operation of law to and shall vest in the school board of that 
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school
district.

 


 






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    (c) Notwithstanding the provisions of subsection (a), the 
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offices of
township treasurer and trustee of schools of any 
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township located in a Class
II county school unit shall be 
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abolished as provided in this subsection
if all of the 
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following conditions are met:


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        (1) During the same 30 day period, each school board of 
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    each
elementary and unit school district that is subject to 
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    the jurisdiction and
authority of the township treasurer 
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    and trustees of schools of the township
in which those 
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    offices are sought to be abolished gives written notice by

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    certified mail, return receipt requested to the township 
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    treasurer and
trustees of schools of that township of the 
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    date of a meeting of the school
board, to be held not more 
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    than 90 nor less than 60 days after the date
when the 
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    notice is given, at which meeting the school board is to 
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    consider
and vote upon the question of whether there shall 
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    be submitted to the
electors of the school district a 
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    proposition to abolish the offices of
township treasurer 
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    and trustee of schools of that township.  None of the

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    notices given under this paragraph to the township 
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    treasurer and trustees
of schools of a township shall be 
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    deemed sufficient or in compliance with
the requirements of 
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    this paragraph unless all of those notices are given
within 
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    the same 30 day period.


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        (2) Each school board of each elementary and unit 
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    school district that
is subject to the jurisdiction and 
27
    authority of the township treasurer and
trustees of schools 
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    of the township in which those offices are sought to
be 
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    abolished, by the affirmative vote of at least 5 members of 
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    the school
board at a school board meeting of which notice 
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    is given as required by
paragraph (1) of this subsection, 
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    adopts a resolution requiring the
secretary of the school 
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    board to certify to the proper election authorities
for 
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    submission to the electors of the school district at the 
 


 






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    next
consolidated election in accordance with the general

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    election law a
proposition to abolish the offices of 
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    township treasurer and trustee of
schools of that township. 
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    None of the resolutions adopted under this
paragraph by any 
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    elementary or unit school districts that are subject to
the 
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    jurisdiction and authority of the township treasurer and 
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    trustees of
schools of the township in which those offices 
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    are sought to be abolished
shall be deemed in compliance 
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    with the requirements of this paragraph or
sufficient to 
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    authorize submission of the proposition to abolish those

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    offices to a referendum of the electors in any such school 
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    district unless
all of the school boards of all of the 
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    elementary and unit school districts
that are subject to 
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    the jurisdiction and authority of the township
treasurer 
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    and trustees of schools of that township adopt such a 
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    resolution
in accordance with the provisions of this 
17
    paragraph.


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        (3) The school boards of all of the elementary and unit 
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    school
districts that are subject to the jurisdiction and 
20
    authority of the
township treasurer and trustees of schools 
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    of the township in which those
offices are sought to be 
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    abolished submit a proposition to abolish the
offices of 
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    township treasurer and trustee of schools of that township 
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    to
the electors of their respective school districts at the 
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    same consolidated
election in accordance with the general 
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    election law, the ballot in each
such district to be in 
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    substantially the following form:

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

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OFFICIAL BALLOT


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            Shall the offices of township

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            treasurer and                       YES

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

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            schools of Township .....           NO

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            Range ..... be abolished?

 


 






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


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        (4) At the consolidated election at which the

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

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

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    favor of the proposition as submitted to them.

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    If in each elementary and unit school district that is 
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subject to the
jurisdiction and authority of the township 
13
treasurer and trustees of
schools of the township in which 
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those offices are sought to be abolished a
majority of the 
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electors in each such district voting at the consolidated

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election on the proposition to abolish the offices of township 
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treasurer
and trustee of schools of that township votes in 
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favor of the proposition
as submitted to them, the proposition 
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shall be deemed to have passed; but
if in any such elementary 
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or unit school district a majority of the
electors voting on 
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that proposition in that district fails to vote in favor
of the 
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proposition as submitted to them, then notwithstanding the vote 
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of
the electors in any other such elementary or unit school 
24
district on that
proposition the proposition shall not be 
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deemed to have passed in any of
those elementary or unit school 
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districts, and the offices of township
treasurer and trustee of 
27
schools of the township in which those offices
were sought to 
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be abolished shall not be abolished, unless in each of those

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elementary and unit school districts remaining subject to the 
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jurisdiction
and authority of the township treasurer and 
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trustees of schools of that
township proceedings are again 
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initiated to abolish those offices and all
of the proceedings 
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and conditions prescribed in paragraphs (1) through (4)
of this 
34
subsection are repeated and met in each of those elementary and

 


 






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unit school districts.

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    Notwithstanding the foregoing provisions of this Section 
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or any other
provision of the School Code, the offices of 
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township treasurer and trustee of
schools of a township that 
5
has a population of less than 200,000 and that
contains a unit 
6
school district and is located in a Class II county school unit

7
shall also be
abolished as provided in this subsection if all 
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of the conditions set forth in
paragraphs (1), (2), and (3) of 
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this subsection are met
and if the following additional 
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condition is met:


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

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    consolidated
election on the proposition to abolish the 
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    offices of township treasurer and
trustee of schools of 
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    that township.  If a majority of the electors in all of
the 
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    school districts combined voting on the proposition vote in 
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    favor of the
proposition, then the proposition shall be 
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    deemed to have passed; but if a
majority of the electors 
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    voting on the proposition in all of the school
district 
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    fails to vote in favor of the proposition as submitted to 
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    them, then
the proposition shall not be deemed to have 
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    passed and the offices of township
treasurer and trustee of 
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    schools of the township in which those offices were
sought 
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    to be abolished shall not be abolished, unless and until 
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    the proceedings
detailed in paragraphs (1) through (3) of 
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    this subsection and the conditions
set forth in this 
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    paragraph are met.

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    If the proposition to abolish the offices of township 
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treasurer and
trustee of schools of a township is deemed to 
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have passed at the
consolidated election as provided in this 
33
subsection,
those offices shall be
deemed abolished by 
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operation of law effective on January 1
of the
calendar year 
 


 






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immediately following the calendar year in which that

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consolidated election is held, provided that if after the

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election, the trustees of schools by resolution elect to 
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abolish the offices of
township treasurer and trustee of 
5
schools effective on July 1 immediately
following the election, 
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then the offices shall be abolished on July 1
immediately 
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following the election.
On the date that
the offices of 
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township treasurer and trustee of schools of a
township are 
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deemed abolished by operation of law, the school board of each

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elementary and unit school district and the school board of 
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each high
school district that is subject to the jurisdiction 
12
and authority of the
township treasurer and trustees of schools 
13
of that township at the time
those offices are abolished: (i) 
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shall appoint its own school treasurer as
provided in Section 
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8-1; and (ii) unless the term of the contract of a
township 
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treasurer expires on the date that the office of township

17
treasurer is abolished, shall pay to the former township 
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treasurer its
proportionate share of any aggregate 
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compensation that, were the office of
township treasurer not 
20
abolished at that time, would
have been payable to the former 
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township treasurer after that date over the
remainder of the 
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term of the contract of the former township treasurer that

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began prior to but ends after that date. In addition, on the 
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date that the offices of township treasurer and trustee of

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schools of a township are deemed abolished as provided in this 
26
subsection,
the school board of each elementary school, high 
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school and unit school
district that until that date is subject 
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to the jurisdiction and authority
of the township treasurer and 
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trustees of schools of that township shall be
deemed by 
30
operation of law to have agreed and assumed to pay and, when

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determined, shall pay to the Illinois Municipal Retirement
Fund 
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a proportionate share of the unfunded liability existing in 
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that Fund
at the time these offices are abolished in that

34
calendar year for all annuities or other benefits then or

 


 






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thereafter to become payable from that Fund with respect to all 
2
periods of
service performed prior to that date as a 
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participating employee in that
Fund by persons serving during 
4
those periods of service as a trustee of
schools, township 
5
treasurer or regular employee in the office of the
township 
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treasurer of that township.  That unfunded liability shall be

7
actuarially determined by the board of trustees of the Illinois 
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Municipal
Retirement Fund, and the board of trustees shall 
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thereupon notify each
school board required to pay a 
10
proportionate share of that unfunded
liability of the aggregate 
11
amount of the unfunded liability so determined.
The amount so 
12
paid to the Illinois Municipal Retirement Fund by each of
those 
13
school districts shall be credited to the account of the 
14
township in
that Fund. For each elementary school, high school 
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and unit school district
under the jurisdiction and authority 
16
of a township treasurer and trustees
of schools of a township 
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in which those offices are abolished as provided
in this 
18
subsection, each such district's proportionate share of the

19
aggregate compensation payable to the former township 
20
treasurer as provided
in this paragraph and each such 
21
district's proportionate share of the
aggregate amount of the 
22
unfunded liability payable to the Illinois
Municipal 
23
Retirement Fund as provided in this paragraph shall be computed

24
in accordance with the ratio that the number of pupils in 
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average daily
attendance in each such district as reported in 
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schedules prepared under
Section 24-19 for the school year last 
27
ending prior to the date on which
the offices of township 
28
treasurer and trustee of schools of that township
are abolished 
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bears to the aggregate number of pupils in average daily

30
attendance in all of those districts as so reported for that 
31
school year.

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    Upon abolition of the offices of township treasurer and 
33
trustee of
schools of a township as provided in this 
34
subsection: (i) the regional
board of school trustees, in its 
 


 






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corporate capacity, shall be deemed the
successor in interest 
2
to the former trustees of schools of that township
with respect 
3
to the common school lands and township loanable funds of the

4
township; (ii) all right, title and interest existing or vested 
5
in the
former trustees of schools of that township in the 
6
common school lands and
township loanable funds of the 
7
township, and all records, moneys,
securities and other assets, 
8
rights of property and causes of action
pertaining to or 
9
constituting a part of those common school lands or
township 
10
loanable funds, shall be transferred to and deemed vested by

11
operation of law in the regional board of school trustees, 
12
which shall hold
legal title to, manage and operate all common 
13
school lands and township
loanable funds of the township, 
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receive the rents, issues and profits
therefrom, and have and 
15
exercise with respect thereto the same powers and
duties as are 
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provided by this Code to be exercised by regional boards of

17
school trustees when acting as township land commissioners in 
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counties
having at least 220,000 but fewer than 2,000,000 
19
inhabitants; (iii) the
regional board of school trustees shall 
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select to serve as its treasurer
with respect to the common 
21
school lands and township loanable funds of the
township a 
22
person from time to time also serving as the appointed school

23
treasurer of any school district that was subject to the 
24
jurisdiction and
authority of the township treasurer and 
25
trustees of schools of that
township at the time those offices 
26
were abolished, and the person selected
to also serve as 
27
treasurer of the regional board of school trustees shall
have 
28
his compensation for services in that capacity fixed by the 
29
regional
board of school trustees, to be paid from the township 
30
loanable funds, and
shall make to the regional board of school 
31
trustees the reports required to be
made by treasurers of 
32
township land commissioners, give bond as required by

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treasurers of township land commissioners, and perform the 
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duties and
exercise the powers of treasurers of township land 
 


 






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commissioners; (iv) the
regional board of school trustees shall 
2
designate in the manner provided by
Section 8-7, insofar as 
3
applicable, a depositary for its treasurer, and the
proceeds of 
4
all rents, issues and profits from the common school lands and

5
township loanable funds of that township shall be deposited and 
6
held in the
account maintained for those purposes with that 
7
depositary and shall be
expended and distributed therefrom as 
8
provided in Section 15-24 and other
applicable provisions of 
9
this Code; and (v) whenever there is vested in the
trustees of 
10
schools of a township at the time that office is abolished

11
under this subsection the legal title to any school buildings 
12
or school
sites used or occupied for school purposes by any 
13
elementary school, high
school or unit school district subject 
14
to the jurisdiction and authority of
those trustees of school 
15
at the time that office is abolished, the legal
title to those 
16
school buildings and school sites shall be deemed
transferred 
17
by operation of law to and invested in the
school board of that 
18
school district, in its corporate
capacity Section 7-28, the

19
same to be held, sold, exchanged leased or otherwise 
20
transferred in
accordance with applicable provisions of this 
21
Code.

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    Notwithstanding Section 2-3.25g of this Code, a waiver of a 
23
mandate
established under this Section may not be requested.

24
(Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01.)".