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Public Act 91-0269
SB475 Enrolled LRB9103479NTsb
AN ACT to amend the School Code by changing Section 5-1.
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.
(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 nonpartisan 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 nonpartisan
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 nonpartisan 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 nonpartisan
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 nonpartisan 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 nonpartisan election as provided in this
subsection, those offices shall be deemed abolished by
operation of law effective on July 1 of the calendar year
immediately following the calendar year in which that
nonpartisan election is held. On July 1 of the calendar year
in which 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 on July 1 of
that calendar year, 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 July
1 of the calendar year in which 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 on July 1 of
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 as reported in schedules prepared under Section
24-19 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 Section 7-28, 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. 88-155; 89-560, eff. 7-26-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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