98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2487

 

Introduced , by Rep. Jim Durkin

 

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

    Amends the School Code. Makes a technical change in a Section concerning county school units.


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A BILL FOR

 

HB2487LRB098 10830 MRW 41316 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
55-1 as follows:
 
6    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
7    Sec. 5-1. County school units.
8    (a) The The territory in each county, exclusive of any
9school district governed by any special act which requires the
10district to appoint its own school treasurer, shall constitute
11a county school unit. County school units of less than
122,000,000 inhabitants shall be known as Class I county school
13units and the office of township trustees, where existing on
14July 1, 1962, in such units shall be abolished on that date and
15all books and records of such former township trustees shall be
16forthwith thereafter transferred to the county board of school
17trustees. County school units of 2,000,000 or more inhabitants
18shall be known as Class II county school units and shall retain
19the office of township trustees unless otherwise provided in
20subsection (b) or (c).
21    (b) Notwithstanding subsections (a) and (c), the school
22board of any elementary school district having a fall, 1989
23aggregate enrollment of at least 2,500 but less than 6,500

 

 

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1pupils and having boundaries that are coterminous with the
2boundaries of a high school district, and the school board of
3any high school district having a fall, 1989 aggregate
4enrollment of at least 2,500 but less than 6,500 pupils and
5having boundaries that are coterminous with the boundaries of
6an elementary school district, may, whenever the territory of
7such school district forms a part of a Class II county school
8unit, by proper resolution withdraw such school district from
9the jurisdiction and authority of the trustees of schools of
10the township in which such school district is located and from
11the jurisdiction and authority of the township treasurer in
12such Class II county school unit; provided that the school
13board of any such school district shall, upon the adoption and
14passage of such resolution, thereupon elect or appoint its own
15school treasurer as provided in Section 8-1. Upon the adoption
16and passage of such resolution and the election or appointment
17by the school board of its own school treasurer: (1) the
18trustees of schools in such township shall no longer have or
19exercise any powers and duties with respect to the school
20district governed by such school board or with respect to the
21school business, operations or assets of such school district;
22and (2) all books and records of the township trustees relating
23to the school business and affairs of such school district
24shall be transferred and delivered to the school board of such
25school district. Upon the effective date of this amendatory Act
26of 1993, the legal title to, and all right, title and interest

 

 

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1formerly held by the township trustees in any school buildings
2and school sites used and occupied by the school board of such
3school district for school purposes, that legal title, right,
4title and interest thereafter having been transferred to and
5vested in the regional board of school trustees under P.A.
687-473 until the abolition of that regional board of school
7trustees by P.A. 87-969, shall be deemed transferred by
8operation of law to and shall vest in the school board of that
9school district.
10    Notwithstanding subsections (a) and (c), the school boards
11of Oak Park & River Forest District 200, Oak Park Elementary
12School District 97, and River Forest School District 90 may, by
13proper resolution, withdraw from the jurisdiction and
14authority of the trustees of schools of Proviso and Cicero
15Townships and the township treasurer, provided that the school
16board shall, upon the adoption and passage of the resolution,
17elect or appoint its own school treasurer as provided in
18Section 8-1 of this Code. Upon the adoption and passage of the
19resolution and the election or appointment by the school board
20of its own school treasurer: (1) the trustees of schools in the
21township or townships shall no longer have or exercise any
22powers or duties with respect to the school district or with
23respect to the school business, operations, or assets of the
24school district; (2) all books and records of the trustees of
25schools and all moneys, securities, loanable funds, and other
26assets relating to the school business and affairs of the

 

 

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

 

 

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1school district shall be transferred and delivered to the
2school board; and (3) all legal title to and all right, title,
3and interest formerly held by the trustees of schools in any
4common school lands, school buildings, or school sites used and
5occupied by the school board and all rights of property and
6causes of action pertaining to or constituting a part of the
7common school lands, buildings, or sites shall be deemed
8transferred by operation of law to and shall vest in the school
9board.
10    (c) Notwithstanding the provisions of subsection (a), the
11offices of township treasurer and trustee of schools of any
12township located in a Class II county school unit shall be
13abolished as provided in this subsection if all of the
14following conditions are met:
15        (1) During the same 30 day period, each school board of
16    each elementary and unit school district that is subject to
17    the jurisdiction and authority of the township treasurer
18    and trustees of schools of the township in which those
19    offices are sought to be abolished gives written notice by
20    certified mail, return receipt requested to the township
21    treasurer and trustees of schools of that township of the
22    date of a meeting of the school board, to be held not more
23    than 90 nor less than 60 days after the date when the
24    notice is given, at which meeting the school board is to
25    consider and vote upon the question of whether there shall
26    be submitted to the electors of the school district a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1and authority of the township treasurer and trustees of schools
2of that township at the time those offices are abolished: (i)
3shall appoint its own school treasurer as provided in Section
48-1; and (ii) unless the term of the contract of a township
5treasurer expires on the date that the office of township
6treasurer is abolished, shall pay to the former township
7treasurer its proportionate share of any aggregate
8compensation that, were the office of township treasurer not
9abolished at that time, would have been payable to the former
10township treasurer after that date over the remainder of the
11term of the contract of the former township treasurer that
12began prior to but ends after that date. In addition, on the
13date that the offices of township treasurer and trustee of
14schools of a township are deemed abolished as provided in this
15subsection, the school board of each elementary school, high
16school and unit school district that until that date is subject
17to the jurisdiction and authority of the township treasurer and
18trustees of schools of that township shall be deemed by
19operation of law to have agreed and assumed to pay and, when
20determined, shall pay to the Illinois Municipal Retirement Fund
21a proportionate share of the unfunded liability existing in
22that Fund at the time these offices are abolished in that
23calendar year for all annuities or other benefits then or
24thereafter to become payable from that Fund with respect to all
25periods of service performed prior to that date as a
26participating employee in that Fund by persons serving during

 

 

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

 

 

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

 

 

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1treasurer of any school district that was subject to the
2jurisdiction and authority of the township treasurer and
3trustees of schools of that township at the time those offices
4were abolished, and the person selected to also serve as
5treasurer of the regional board of school trustees shall have
6his compensation for services in that capacity fixed by the
7regional board of school trustees, to be paid from the township
8loanable funds, and shall make to the regional board of school
9trustees the reports required to be made by treasurers of
10township land commissioners, give bond as required by
11treasurers of township land commissioners, and perform the
12duties and exercise the powers of treasurers of township land
13commissioners; (iv) the regional board of school trustees shall
14designate in the manner provided by Section 8-7, insofar as
15applicable, a depositary for its treasurer, and the proceeds of
16all rents, issues and profits from the common school lands and
17township loanable funds of that township shall be deposited and
18held in the account maintained for those purposes with that
19depositary and shall be expended and distributed therefrom as
20provided in Section 15-24 and other applicable provisions of
21this Code; and (v) whenever there is vested in the trustees of
22schools of a township at the time that office is abolished
23under this subsection the legal title to any school buildings
24or school sites used or occupied for school purposes by any
25elementary school, high school or unit school district subject
26to the jurisdiction and authority of those trustees of school

 

 

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1at the time that office is abolished, the legal title to those
2school buildings and school sites shall be deemed transferred
3by operation of law to and invested in the school board of that
4school district, in its corporate capacity Section 7-28, the
5same to be held, sold, exchanged leased or otherwise
6transferred in accordance with applicable provisions of this
7Code.
8    Notwithstanding Section 2-3.25g of this Code, a waiver of a
9mandate established under this Section may not be requested.
10(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4,
11eff. 5-31-07; 95-876, eff. 8-21-08.)