Public Act 103-0144
Public Act 0144 103RD GENERAL ASSEMBLY
|
Public Act 103-0144
| | HB2160 Enrolled | LRB103 30168 RJT 56596 b |
|
| 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. | Notwithstanding subsections (a) and (c), the school boards | of Glenbrook High School District 225, Northbrook Elementary |
| 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 |
| 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:
| (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; 100-921, eff. 8-17-18.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 6/30/2023
|
