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91_SB0475
LRB9103479NTsb
1 AN ACT to amend the School Code by changing Section 5-1.
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
5 Section 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
9 school district governed by any special act which requires
10 the district to appoint its own school treasurer, shall
11 constitute a county school unit. County school units of less
12 than 2,000,000 inhabitants shall be known as Class I county
13 school units and the office of township trustees, where
14 existing on July 1, 1962, in such units shall be abolished on
15 that date and all books and records of such former township
16 trustees shall be forthwith thereafter transferred to the
17 county board of school trustees. County school units of
18 2,000,000 or more inhabitants shall be known as Class II
19 county school units and shall retain the office of township
20 trustees unless otherwise provided in 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
24 pupils and having boundaries that are coterminous with the
25 boundaries of a high school district, and the school board of
26 any high school district having a fall, 1989 aggregate
27 enrollment of at least 2,500 but less than 6,500 pupils and
28 having boundaries that are coterminous with the boundaries of
29 an elementary school district, may, whenever the territory of
30 such school district forms a part of a Class II county school
31 unit, by proper resolution withdraw such school district from
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1 the jurisdiction and authority of the trustees of schools of
2 the township in which such school district is located and
3 from the jurisdiction and authority of the township treasurer
4 in such Class II county school unit; provided that the school
5 board of any such school district shall, upon the adoption
6 and passage of such resolution, thereupon elect or appoint
7 its own school treasurer as provided in Section 8-1. Upon
8 the adoption and passage of such resolution and the election
9 or appointment by the school board of its own school
10 treasurer: (1) the trustees of schools in such township shall
11 no longer have or exercise any powers and duties with respect
12 to the school district governed by such school board or with
13 respect to the school business, operations or assets of such
14 school district; and (2) all books and records of the
15 township trustees relating to the school business and affairs
16 of such school district shall be transferred and delivered to
17 the school board of such school district. Upon the effective
18 date of this amendatory Act of 1993, the legal title to, and
19 all right, title and interest formerly held by the township
20 trustees in any school buildings and school sites used and
21 occupied by the school board of such school district for
22 school purposes, that legal title, right, title and interest
23 thereafter having been transferred to and vested in the
24 regional board of school trustees under P.A. 87-473 until the
25 abolition of that regional board of school trustees by P.A.
26 87-969, shall be deemed transferred by operation of law to
27 and shall vest in the school board of that school district.
28 (c) Notwithstanding the provisions of subsection (a),
29 the offices of township treasurer and trustee of schools of
30 any township located in a Class II county school unit shall
31 be abolished as provided in this subsection if all of the
32 following conditions are met:
33 (1) During the same 30 day period, each school
34 board of each elementary and unit school district that is
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1 subject to the jurisdiction and authority of the township
2 treasurer and trustees of schools of the township in
3 which those offices are sought to be abolished gives
4 written notice by certified mail, return receipt
5 requested to the township treasurer and trustees of
6 schools of that township of the date of a meeting of the
7 school board, to be held not more than 90 nor less than
8 60 days after the date when the notice is given, at which
9 meeting the school board is to consider and vote upon the
10 question of whether there shall be submitted to the
11 electors of the school district a proposition to abolish
12 the offices of township treasurer and trustee of schools
13 of that township. None of the notices given under this
14 paragraph to the township treasurer and trustees of
15 schools of a township shall be deemed sufficient or in
16 compliance with the requirements of this paragraph unless
17 all of those notices are given within the same 30 day
18 period.
19 (2) Each school board of each elementary and unit
20 school district that is subject to the jurisdiction and
21 authority of the township treasurer and trustees of
22 schools of the township in which those offices are sought
23 to be abolished, by the affirmative vote of at least 5
24 members of the school board at a school board meeting of
25 which notice is given as required by paragraph (1) of
26 this subsection, adopts a resolution requiring the
27 secretary of the school board to certify to the proper
28 election authorities for submission to the electors of
29 the school district at the next nonpartisan election in
30 accordance with the general election law a proposition to
31 abolish the offices of township treasurer and trustee of
32 schools of that township. None of the resolutions adopted
33 under this paragraph by any elementary or unit school
34 districts that are subject to the jurisdiction and
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1 authority of the township treasurer and trustees of
2 schools of the township in which those offices are sought
3 to be abolished shall be deemed in compliance with the
4 requirements of this paragraph or sufficient to authorize
5 submission of the proposition to abolish those offices to
6 a referendum of the electors in any such school district
7 unless all of the school boards of all of the elementary
8 and unit school districts that are subject to the
9 jurisdiction and authority of the township treasurer and
10 trustees of schools of that township adopt such a
11 resolution in accordance with the provisions of this
12 paragraph.
13 (3) The school boards of all of the elementary and
14 unit school districts that are subject to the
15 jurisdiction and authority of the township treasurer and
16 trustees of schools of the township in which those
17 offices are sought to be abolished submit a proposition
18 to abolish the offices of township treasurer and trustee
19 of schools of that township to the electors of their
20 respective school districts at the same nonpartisan
21 election in accordance with the general election law, the
22 ballot in each such district to be in substantially the
23 following form:
24 OFFICIAL BALLOT
25 Shall the offices of township
26 treasurer and YES
27 trustee of ---------------
28 schools of Township ..... NO
29 Range ..... be abolished?
30 (4) At the nonpartisan election at which the
31 proposition to abolish the offices of township treasurer
32 and trustee of schools of a township is submitted to the
33 electors of each elementary and unit school district that
34 is subject to the jurisdiction and authority of the
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1 township treasurer and trustee of schools of that
2 township, a majority of the electors voting on the
3 proposition in each such elementary and unit school
4 district votes in favor of the proposition as submitted
5 to them.
6 If in each elementary and unit school district that is
7 subject to the jurisdiction and authority of the township
8 treasurer and trustees of schools of the township in which
9 those offices are sought to be abolished a majority of the
10 electors in each such district voting at the nonpartisan
11 election on the proposition to abolish the offices of
12 township treasurer and trustee of schools of that township
13 votes in favor of the proposition as submitted to them, the
14 proposition shall be deemed to have passed; but if in any
15 such elementary or unit school district a majority of the
16 electors voting on that proposition in that district fails to
17 vote in favor of the proposition as submitted to them, then
18 notwithstanding the vote of the electors in any other such
19 elementary or unit school district on that proposition the
20 proposition shall not be deemed to have passed in any of
21 those elementary or unit school districts, and the offices of
22 township treasurer and trustee of schools of the township in
23 which those offices were sought to be abolished shall not be
24 abolished, unless in each of those elementary and unit school
25 districts remaining subject to the jurisdiction and authority
26 of the township treasurer and trustees of schools of that
27 township proceedings are again initiated to abolish those
28 offices and all of the proceedings and conditions prescribed
29 in paragraphs (1) through (4) of this subsection are repeated
30 and met in each of those elementary and unit school
31 districts.
32 Notwithstanding the foregoing provisions of this Section
33 or any other provision of the School Code, the offices of
34 township treasurer and trustee of schools of a township that
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1 has a population of less than 200,000 and that contains a
2 unit school district and is located in a Class II county
3 school unit shall also be abolished as provided in this
4 subsection if all of the conditions set forth in paragraphs
5 (1), (2), and (3) of this subsection are met and if the
6 following additional condition is met:
7 The electors in all of the school districts subject
8 to the jurisdiction and authority of the township
9 treasurer and trustees of schools of the township in
10 which those offices are sought to be abolished shall vote
11 at the nonpartisan election on the proposition to abolish
12 the offices of township treasurer and trustee of schools
13 of that township. If a majority of the electors in all
14 of the school districts combined voting on the
15 proposition vote in favor of the proposition, then the
16 proposition shall be deemed to have passed; but if a
17 majority of the electors voting on the proposition in all
18 of the school district fails to vote in favor of the
19 proposition as submitted to them, then the proposition
20 shall not be deemed to have passed and the offices of
21 township treasurer and trustee of schools of the township
22 in which those offices were sought to be abolished shall
23 not be abolished, unless and until the proceedings
24 detailed in paragraphs (1) through (3) of this subsection
25 and the conditions set forth in this paragraph are met.
26 If the proposition to abolish the offices of township
27 treasurer and trustee of schools of a township is deemed to
28 have passed at the nonpartisan election as provided in this
29 subsection, those offices shall be deemed abolished by
30 operation of law effective on July 1 of the calendar year
31 immediately following the calendar year in which that
32 nonpartisan election is held. On July 1 of the calendar year
33 in which the offices of township treasurer and trustee of
34 schools of a township are deemed abolished by operation of
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1 law, the school board of each elementary and unit school
2 district and the school board of each high school district
3 that is subject to the jurisdiction and authority of the
4 township treasurer and trustees of schools of that township
5 at the time those offices are abolished: (i) shall appoint
6 its own school treasurer as provided in Section 8-1; and (ii)
7 unless the term of the contract of a township treasurer
8 expires on the date that the office of township treasurer is
9 abolished, shall pay to the former township treasurer its
10 proportionate share of any aggregate compensation that, were
11 the office of township treasurer not abolished on July 1 of
12 that calendar year, would have been payable to the former
13 township treasurer after that date over the remainder of the
14 term of the contract of the former township treasurer that
15 began prior to but ends after that date. In addition, on July
16 1 of the calendar year in which the offices of township
17 treasurer and trustee of schools of a township are deemed
18 abolished as provided in this subsection, the school board of
19 each elementary school, high school and unit school district
20 that until that date is subject to the jurisdiction and
21 authority of the township treasurer and trustees of schools
22 of that township shall be deemed by operation of law to have
23 agreed and assumed to pay and, when determined, shall pay to
24 the Illinois Municipal Retirement Fund a proportionate share
25 of the unfunded liability existing in that Fund on July 1 of
26 that calendar year for all annuities or other benefits then
27 or thereafter to become payable from that Fund with respect
28 to all periods of service performed prior to that date as a
29 participating employee in that Fund by persons serving during
30 those periods of service as a trustee of schools, township
31 treasurer or regular employee in the office of the township
32 treasurer of that township. That unfunded liability shall be
33 actuarially determined by the board of trustees of the
34 Illinois Municipal Retirement Fund, and the board of trustees
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1 shall thereupon notify each school board required to pay a
2 proportionate share of that unfunded liability of the
3 aggregate amount of the unfunded liability so determined. The
4 amount so paid to the Illinois Municipal Retirement Fund by
5 each of those school districts shall be credited to the
6 account of the township in that Fund. For each elementary
7 school, high school and unit school district under the
8 jurisdiction and authority of a township treasurer and
9 trustees of schools of a township in which those offices are
10 abolished as provided in this subsection, each such
11 district's proportionate share of the aggregate compensation
12 payable to the former township treasurer as provided in this
13 paragraph and each such district's proportionate share of the
14 aggregate amount of the unfunded liability payable to the
15 Illinois Municipal Retirement Fund as provided in this
16 paragraph shall be computed in accordance with the ratio that
17 the number of pupils in average daily attendance in each such
18 district as reported in schedules prepared under Section
19 24-19 for the school year last ending prior to the date on
20 which the offices of township treasurer and trustee of
21 schools of that township are abolished bears to the aggregate
22 number of pupils in average daily attendance in all of those
23 districts as so reported for that school year.
24 Upon abolition of the offices of township treasurer and
25 trustee of schools of a township as provided in this
26 subsection: (i) the regional board of school trustees, in its
27 corporate capacity, shall be deemed the successor in interest
28 to the former trustees of schools of that township with
29 respect to the common school lands and township loanable
30 funds of the township; (ii) all right, title and interest
31 existing or vested in the former trustees of schools of that
32 township in the common school lands and township loanable
33 funds of the township, and all records, moneys, securities
34 and other assets, rights of property and causes of action
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1 pertaining to or constituting a part of those common school
2 lands or township loanable funds, shall be transferred to and
3 deemed vested by operation of law in the regional board of
4 school trustees, which shall hold legal title to, manage and
5 operate all common school lands and township loanable funds
6 of the township, receive the rents, issues and profits
7 therefrom, and have and exercise with respect thereto the
8 same powers and duties as are provided by this Code to be
9 exercised by regional boards of school trustees when acting
10 as township land commissioners in counties having at least
11 220,000 but fewer than 2,000,000 inhabitants; (iii) the
12 regional board of school trustees shall select to serve as
13 its treasurer with respect to the common school lands and
14 township loanable funds of the township a person from time to
15 time also serving as the appointed school treasurer of any
16 school district that was subject to the jurisdiction and
17 authority of the township treasurer and trustees of schools
18 of that township at the time those offices were abolished,
19 and the person selected to also serve as treasurer of the
20 regional board of school trustees shall have his compensation
21 for services in that capacity fixed by the regional board of
22 school trustees, to be paid from the township loanable funds,
23 and shall make to the regional board of school trustees the
24 reports required to be made by treasurers of township land
25 commissioners, give bond as required by treasurers of
26 township land commissioners, and perform the duties and
27 exercise the powers of treasurers of township land
28 commissioners; (iv) the regional board of school trustees
29 shall designate in the manner provided by Section 8-7,
30 insofar as applicable, a depositary for its treasurer, and
31 the proceeds of all rents, issues and profits from the common
32 school lands and township loanable funds of that township
33 shall be deposited and held in the account maintained for
34 those purposes with that depositary and shall be expended and
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1 distributed therefrom as provided in Section 15-24 and other
2 applicable provisions of this Code; and (v) whenever there is
3 vested in the trustees of schools of a township at the time
4 that office is abolished under this subsection the legal
5 title to any school buildings or school sites used or
6 occupied for school purposes by any elementary school, high
7 school or unit school district subject to the jurisdiction
8 and authority of those trustees of school at the time that
9 office is abolished, the legal title to those school
10 buildings and school sites shall be deemed transferred by
11 operation of law to and invested in the school board of that
12 school district, in its corporate capacity Section 7-28, the
13 same to be held, sold, exchanged leased or otherwise
14 transferred in accordance with applicable provisions of this
15 Code.
16 Notwithstanding Section 2-3.25g of this Code, a waiver of
17 a mandate established under this Section may not be
18 requested.
19 (Source: P.A. 88-155; 89-560, eff. 7-26-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.