Illinois General Assembly - Full Text of SB0423
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Full Text of SB0423  95th General Assembly

SB0423enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 5-1 as follows:
 
6     (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
7     Sec. 5-1. County school units.
8     (a) The territory in each county, exclusive of any school
9 district governed by any special act which requires the
10 district to appoint its own school treasurer, shall constitute
11 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).
21     (b) Notwithstanding subsections (a) and (c), the school
22 board of any elementary school district having a fall, 1989
23 aggregate enrollment of at least 2,500 but less than 6,500

 

 

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

 

 

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

 

 

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

 

 

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1 school district shall be transferred and delivered to the
2 school board; and (3) all legal title to and all right, title,
3 and interest formerly held by the trustees of schools in any
4 common school lands, school buildings, or school sites used and
5 occupied by the school board and all rights of property and
6 causes of action pertaining to or constituting a part of the
7 common school lands, buildings, or sites shall be deemed
8 transferred by operation of law to and shall vest in the school
9 board.
10     (c) Notwithstanding the provisions of subsection (a), the
11 offices of township treasurer and trustee of schools of any
12 township located in a Class II county school unit shall be
13 abolished as provided in this subsection if all of the
14 following 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
11 subject to the jurisdiction and authority of the township
12 treasurer and trustees of schools of the township in which
13 those offices are sought to be abolished a majority of the
14 electors in each such district voting at the consolidated
15 election on the proposition to abolish the offices of township
16 treasurer and trustee of schools of that township votes in
17 favor of the proposition as submitted to them, the proposition
18 shall be deemed to have passed; but if in any such elementary
19 or unit school district a majority of the electors voting on
20 that proposition in that district fails to vote in favor of the
21 proposition as submitted to them, then notwithstanding the vote
22 of the electors in any other such elementary or unit school
23 district on that proposition the proposition shall not be
24 deemed to have passed in any of those elementary or unit school
25 districts, and the offices of township treasurer and trustee of
26 schools of the township in which those offices were sought to

 

 

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1 be abolished shall not be abolished, unless in each of those
2 elementary and unit school districts remaining subject to the
3 jurisdiction and authority of the township treasurer and
4 trustees of schools of that township proceedings are again
5 initiated to abolish those offices and all of the proceedings
6 and conditions prescribed in paragraphs (1) through (4) of this
7 subsection are repeated and met in each of those elementary and
8 unit school districts.
9     Notwithstanding the foregoing provisions of this Section
10 or any other provision of the School Code, the offices of
11 township treasurer and trustee of schools of a township that
12 has a population of less than 200,000 and that contains a unit
13 school district and is located in a Class II county school unit
14 shall also be abolished as provided in this subsection if all
15 of the conditions set forth in paragraphs (1), (2), and (3) of
16 this subsection are met and if the following additional
17 condition 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
12 treasurer and trustee of schools of a township is deemed to
13 have passed at the consolidated election as provided in this
14 subsection, those offices shall be deemed abolished by
15 operation of law effective on January 1 of the calendar year
16 immediately following the calendar year in which that
17 consolidated election is held, provided that if after the
18 election, the trustees of schools by resolution elect to
19 abolish the offices of township treasurer and trustee of
20 schools effective on July 1 immediately following the election,
21 then the offices shall be abolished on July 1 immediately
22 following the election. On the date that the offices of
23 township treasurer and trustee of schools of a township are
24 deemed abolished by operation of law, the school board of each
25 elementary and unit school district and the school board of
26 each high school district that is subject to the jurisdiction

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 to the jurisdiction and authority of those trustees of school
2 at the time that office is abolished, the legal title to those
3 school buildings and school sites shall be deemed transferred
4 by operation of law to and invested in the school board of that
5 school district, in its corporate capacity Section 7-28, the
6 same to be held, sold, exchanged leased or otherwise
7 transferred in accordance with applicable provisions of this
8 Code.
9     Notwithstanding Section 2-3.25g of this Code, a waiver of a
10 mandate established under this Section may not be requested.
11 (Source: P.A. 94-1078, eff. 1-9-07.)
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.