[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_HB1908enr HB1908 Enrolled LRB9206021MWmb 1 AN ACT concerning schools. 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 HB1908 Enrolled -2- LRB9206021MWmb 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 HB1908 Enrolled -3- LRB9206021MWmb 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 consolidatednonpartisan30 election in accordance with the general election law a 31 proposition to abolish the offices of township treasurer 32 and trustee of schools of that township. None of the 33 resolutions adopted under this paragraph by any 34 elementary or unit school districts that are subject to HB1908 Enrolled -4- LRB9206021MWmb 1 the jurisdiction and authority of the township treasurer 2 and trustees of schools of the township in which those 3 offices are sought to be abolished shall be deemed in 4 compliance with the requirements of this paragraph or 5 sufficient to authorize submission of the proposition to 6 abolish those offices to a referendum of the electors in 7 any such school district unless all of the school boards 8 of all of the elementary and unit school districts that 9 are subject to the jurisdiction and authority of the 10 township treasurer and trustees of schools of that 11 township adopt such a resolution in accordance with the 12 provisions of this 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 consolidated 21nonpartisanelection in accordance with the general 22 election law, the ballot in each such district to be in 23 substantially the 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 consolidatednonpartisanelection at 31 which the proposition to abolish the offices of township 32 treasurer and trustee of schools of a township is 33 submitted to the electors of each elementary and unit 34 school district that is subject to the jurisdiction and HB1908 Enrolled -5- LRB9206021MWmb 1 authority of the township treasurer and trustee of 2 schools of that township, a majority of the electors 3 voting on the proposition in each such elementary and 4 unit school district votes in favor of the proposition as 5 submitted 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 consolidated 11nonpartisanelection on the proposition to abolish the 12 offices of township treasurer and trustee of schools of that 13 township votes in favor of the proposition as submitted to 14 them, the proposition shall be deemed to have passed; but if 15 in any such elementary or unit school district a majority of 16 the electors voting on that proposition in that district 17 fails to vote in favor of the proposition as submitted to 18 them, then notwithstanding the vote of the electors in any 19 other such elementary or unit school district on that 20 proposition the proposition shall not be deemed to have 21 passed in any of those elementary or unit school districts, 22 and the offices of township treasurer and trustee of schools 23 of the township in which those offices were sought to be 24 abolished shall not be abolished, unless in each of those 25 elementary and unit school districts remaining subject to the 26 jurisdiction and authority of the township treasurer and 27 trustees of schools of that township proceedings are again 28 initiated to abolish those offices and all of the proceedings 29 and conditions prescribed in paragraphs (1) through (4) of 30 this subsection are repeated and met in each of those 31 elementary and unit school 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 HB1908 Enrolled -6- LRB9206021MWmb 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 consolidatednonpartisanelection on the 12 proposition to abolish the offices of township treasurer 13 and trustee of schools of that township. If a majority 14 of the electors in all of the school districts combined 15 voting on the proposition vote in favor of the 16 proposition, then the proposition shall be deemed to have 17 passed; but if a majority of the electors voting on the 18 proposition in all of the school district fails to vote 19 in favor of the proposition as submitted to them, then 20 the proposition shall not be deemed to have passed and 21 the offices of township treasurer and trustee of schools 22 of the township in which those offices were sought to be 23 abolished shall not be abolished, unless and until the 24 proceedings detailed in paragraphs (1) through (3) of 25 this subsection and the conditions set forth in this 26 paragraph are met. 27 If the proposition to abolish the offices of township 28 treasurer and trustee of schools of a township is deemed to 29 have passed at the consolidatednonpartisanelection as 30 provided in this subsection, those offices shall be deemed 31 abolished by operation of law effective on January 1July 132 of the calendar year immediately following the calendar year 33 in which that consolidatednonpartisanelection is held, 34 provided that if after the election, the trustees of schools HB1908 Enrolled -7- LRB9206021MWmb 1 by resolution elect to abolish the offices of township 2 treasurer and trustee of schools effective on July 1 3 immediately following the election, then the offices shall be 4 abolished on July 1 immediately following the election. On 5 the date thatJuly 1 of the calendar year in whichthe 6 offices of township treasurer and trustee of schools of a 7 township are deemed abolished by operation of law, the school 8 board of each elementary and unit school district and the 9 school board of each high school district that is subject to 10 the jurisdiction and authority of the township treasurer and 11 trustees of schools of that township at the time those 12 offices are abolished: (i) shall appoint its own school 13 treasurer as provided in Section 8-1; and (ii) unless the 14 term of the contract of a township treasurer expires on the 15 date that the office of township treasurer is abolished, 16 shall pay to the former township treasurer its proportionate 17 share of any aggregate compensation that, were the office of 18 township treasurer not abolished at that timeon July 1 of19that calendar year, would have been payable to the former 20 township treasurer after that date over the remainder of the 21 term of the contract of the former township treasurer that 22 began prior to but ends after that date. In addition, on the 23 date thaton July 1 of the calendar year in whichthe offices 24 of township treasurer and trustee of schools of a township 25 are deemed abolished as provided in this subsection, the 26 school board of each elementary school, high school and unit 27 school district that until that date is subject to the 28 jurisdiction and authority of the township treasurer and 29 trustees of schools of that township shall be deemed by 30 operation of law to have agreed and assumed to pay and, when 31 determined, shall pay to the Illinois Municipal Retirement 32 Fund a proportionate share of the unfunded liability existing 33 in that Fund at the time these offices are abolished inon34July 1 ofthat calendar year for all annuities or other HB1908 Enrolled -8- LRB9206021MWmb 1 benefits then or thereafter to become payable from that Fund 2 with respect to all periods of service performed prior to 3 that date as a participating employee in that Fund by persons 4 serving during those periods of service as a trustee of 5 schools, township treasurer or regular employee in the office 6 of the township treasurer of that township. That unfunded 7 liability shall be actuarially determined by the board of 8 trustees of the Illinois Municipal Retirement Fund, and the 9 board of trustees shall thereupon notify each school board 10 required to pay a proportionate share of that unfunded 11 liability of the aggregate amount of the unfunded liability 12 so determined. The amount so paid to the Illinois Municipal 13 Retirement Fund by each of those school districts shall be 14 credited to the account of the township in that Fund. For 15 each elementary school, high school and unit school district 16 under the jurisdiction and authority of a township treasurer 17 and trustees of schools of a township in which those offices 18 are abolished as provided in this subsection, each such 19 district's proportionate share of the aggregate compensation 20 payable to the former township treasurer as provided in this 21 paragraph and each such district's proportionate share of the 22 aggregate amount of the unfunded liability payable to the 23 Illinois Municipal Retirement Fund as provided in this 24 paragraph shall be computed in accordance with the ratio that 25 the number of pupils in average daily attendance in each such 26 district as reported in schedules prepared under Section 27 24-19 for the school year last ending prior to the date on 28 which the offices of township treasurer and trustee of 29 schools of that township are abolished bears to the aggregate 30 number of pupils in average daily attendance in all of those 31 districts as so reported for that school year. 32 Upon abolition of the offices of township treasurer and 33 trustee of schools of a township as provided in this 34 subsection: (i) the regional board of school trustees, in its HB1908 Enrolled -9- LRB9206021MWmb 1 corporate capacity, shall be deemed the successor in interest 2 to the former trustees of schools of that township with 3 respect to the common school lands and township loanable 4 funds of the township; (ii) all right, title and interest 5 existing or vested in the former trustees of schools of that 6 township in the common school lands and township loanable 7 funds of the township, and all records, moneys, securities 8 and other assets, rights of property and causes of action 9 pertaining to or constituting a part of those common school 10 lands or township loanable funds, shall be transferred to and 11 deemed vested by operation of law in the regional board of 12 school trustees, which shall hold legal title to, manage and 13 operate all common school lands and township loanable funds 14 of the township, receive the rents, issues and profits 15 therefrom, and have and exercise with respect thereto the 16 same powers and duties as are provided by this Code to be 17 exercised by regional boards of school trustees when acting 18 as township land commissioners in counties having at least 19 220,000 but fewer than 2,000,000 inhabitants; (iii) the 20 regional board of school trustees shall select to serve as 21 its treasurer with respect to the common school lands and 22 township loanable funds of the township a person from time to 23 time also serving as the appointed school treasurer of any 24 school district that was subject to the jurisdiction and 25 authority of the township treasurer and trustees of schools 26 of that township at the time those offices were abolished, 27 and the person selected to also serve as treasurer of the 28 regional board of school trustees shall have his compensation 29 for services in that capacity fixed by the regional board of 30 school trustees, to be paid from the township loanable funds, 31 and shall make to the regional board of school trustees the 32 reports required to be made by treasurers of township land 33 commissioners, give bond as required by treasurers of 34 township land commissioners, and perform the duties and HB1908 Enrolled -10- LRB9206021MWmb 1 exercise the powers of treasurers of township land 2 commissioners; (iv) the regional board of school trustees 3 shall designate in the manner provided by Section 8-7, 4 insofar as applicable, a depositary for its treasurer, and 5 the proceeds of all rents, issues and profits from the common 6 school lands and township loanable funds of that township 7 shall be deposited and held in the account maintained for 8 those purposes with that depositary and shall be expended and 9 distributed therefrom as provided in Section 15-24 and other 10 applicable provisions of this Code; and (v) whenever there is 11 vested in the trustees of schools of a township at the time 12 that office is abolished under this subsection the legal 13 title to any school buildings or school sites used or 14 occupied for school purposes by any elementary school, high 15 school or unit school district subject to the jurisdiction 16 and authority of those trustees of school at the time that 17 office is abolished, the legal title to those school 18 buildings and school sites shall be deemed transferred by 19 operation of law to and invested in the school board of that 20 school district, in its corporate capacity Section 7-28, the 21 same to be held, sold, exchanged leased or otherwise 22 transferred in accordance with applicable provisions of this 23 Code. 24 Notwithstanding Section 2-3.25g of this Code, a waiver of 25 a mandate established under this Section may not be 26 requested. 27 (Source: P.A. 91-269, eff. 7-23-99.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.