Public Act 100-0921
Public Act 0921 100TH GENERAL ASSEMBLY
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Public Act 100-0921
| | SB0452 Enrolled | LRB100 04894 MLM 14904 b |
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| 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. | (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.)
| Section 99. Effective date. This Act takes effect upon |
Effective Date: 8/17/2018
|
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