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Public Act 103-0144
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| HB2160 Enrolled | LRB103 30168 RJT 56596 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
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 |
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
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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).
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(b) Notwithstanding subsections (a) and (c), the
school |
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 |
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
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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
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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
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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
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amendatory Act of 1993, the legal title to, and all right, |
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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.
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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 |
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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.
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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 |
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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.
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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 |
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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
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schools and all moneys, securities, loanable funds, and other
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assets relating to the school business and affairs of the
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school district shall be transferred and delivered to the
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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. |
Notwithstanding subsections (a) and (c), the school boards |
of Glenbrook High School District 225, Northbrook Elementary |
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School District 27, Northbrook School District 28, Sunset |
Ridge School District 29, Northbrook/Glenview School District |
30, West Northfield School District 31, and Glenview Community |
Consolidated School District 34 may, by proper resolution, |
withdraw from the jurisdiction and authority of the trustees |
of schools of Northfield and Maine 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 |
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board. |
(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:
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(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
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within 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 |
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
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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.
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(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
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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:
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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 |
and trustee of schools of a township is
submitted to the |
electors of each elementary and unit school district that
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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 |
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district votes in
favor of the proposition as submitted to |
them.
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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
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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 |
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those elementary and
unit school districts.
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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
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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:
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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
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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
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sought to be abolished shall not be abolished, unless and |
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until the proceedings
detailed in paragraphs (1) through |
(3) of this subsection and the conditions
set forth in |
this paragraph are met.
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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
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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 |
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
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immediately following the election.
On the date that
the |
offices of township treasurer and trustee of schools of a
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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
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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 |
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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
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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
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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
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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
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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.
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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 |
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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
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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
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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
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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 |
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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 |