HB0305 EnrolledLRB103 03832 RJT 48838 b HB0305 Enrolled LRB103 03832 RJT 48838 b HB0305 Enrolled LRB103 03832 RJT 48838 b 1 AN ACT concerning education. 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 Sections 5 5-1, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13, 5-16, and 8-1 as 6 follows: 7 (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) 8 Sec. 5-1. County school units. 9 (a) The territory in each county, exclusive of any school 10 district governed by any special act which requires the 11 district to appoint its own school treasurer, shall constitute 12 a county school unit. County school units of less than 13 2,000,000 inhabitants shall be known as Class I county school 14 units and the office of township trustees, where existing on 15 July 1, 1962, in such units shall be abolished on that date and 16 all books and records of such former township trustees shall 17 be forthwith thereafter transferred to the county board of 18 school trustees. County school units of 2,000,000 or more 19 inhabitants shall be known as Class II county school units and 20 shall retain the office of township trustees unless otherwise 21 provided in subsection (b), or (c), or (d), or shall be 22 administered as provided Section 5-2.2. 23 (b) Notwithstanding subsections (a) and (c), the school HB0305 Enrolled LRB103 03832 RJT 48838 b HB0305 Enrolled- 2 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 2 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 2 - LRB103 03832 RJT 48838 b 1 board of any elementary school district having a fall, 1989 2 aggregate enrollment of at least 2,500 but less than 6,500 3 pupils and having boundaries that are coterminous with the 4 boundaries of a high school district, and the school board of 5 any high school district having a fall, 1989 aggregate 6 enrollment of at least 2,500 but less than 6,500 pupils and 7 having boundaries that are coterminous with the boundaries of 8 an elementary school district, may, whenever the territory of 9 such school district forms a part of a Class II county school 10 unit, by proper resolution withdraw such school district from 11 the jurisdiction and authority of the trustees of schools of 12 the township in which such school district is located and from 13 the jurisdiction and authority of the township treasurer in 14 such Class II county school unit; provided that the school 15 board of any such school district shall, upon the adoption and 16 passage of such resolution, thereupon elect or appoint its own 17 school treasurer as provided in Section 8-1. Upon the adoption 18 and passage of such resolution and the election or appointment 19 by the school board of its own school treasurer: (1) the 20 trustees of schools in such township shall no longer have or 21 exercise any powers and duties with respect to the school 22 district governed by such school board or with respect to the 23 school business, operations or assets of such school district; 24 and (2) all books and records of the township trustees 25 relating to the school business and affairs of such school 26 district shall be transferred and delivered to the school HB0305 Enrolled - 2 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 3 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 3 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 3 - LRB103 03832 RJT 48838 b 1 board of such school district. Upon the effective date of this 2 amendatory Act of 1993, the legal title to, and all right, 3 title and interest formerly held by the township trustees in 4 any school buildings and school sites used and occupied by the 5 school board of such school district for school purposes, that 6 legal title, right, title and interest thereafter having been 7 transferred to and vested in the regional board of school 8 trustees under P.A. 87-473 until the abolition of that 9 regional board of school trustees by P.A. 87-969, shall be 10 deemed transferred by operation of law to and shall vest in the 11 school board of that school district. 12 Notwithstanding subsections (a) and (c), the school boards 13 of Oak Park & River Forest District 200, Oak Park Elementary 14 School District 97, and River Forest School District 90 may, 15 by proper resolution, withdraw from the jurisdiction and 16 authority of the trustees of schools of Proviso and Cicero 17 Townships and the township treasurer, provided that the school 18 board shall, upon the adoption and passage of the resolution, 19 elect or appoint its own school treasurer as provided in 20 Section 8-1 of this Code. Upon the adoption and passage of the 21 resolution and the election or appointment by the school board 22 of its own school treasurer: (1) the trustees of schools in the 23 township or townships shall no longer have or exercise any 24 powers or duties with respect to the school district or with 25 respect to the school business, operations, or assets of the 26 school district; (2) all books and records of the trustees of HB0305 Enrolled - 3 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 4 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 4 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 4 - LRB103 03832 RJT 48838 b 1 schools and all moneys, securities, loanable funds, and other 2 assets relating to the school business and affairs of the 3 school district shall be transferred and delivered to the 4 school board; and (3) all legal title to and all right, title, 5 and interest formerly held by the trustees of schools in any 6 common school lands, school buildings, or school sites used 7 and occupied by the school board and all rights of property and 8 causes of action pertaining to or constituting a part of the 9 common school lands, buildings, or sites shall be deemed 10 transferred by operation of law to and shall vest in the school 11 board. 12 Notwithstanding subsections (a) and (c), the respective 13 school boards of Berwyn North School District 98, Berwyn South 14 School District 100, Cicero School District 99, and J.S. 15 Morton High School District 201 may, by proper resolution, 16 withdraw from the jurisdiction and authority of the trustees 17 of schools of Cicero Township and the township treasurer, 18 provided that the school board shall, upon the adoption and 19 passage of the resolution, elect or appoint its own school 20 treasurer as provided in Section 8-1 of this Code. Upon the 21 adoption and passage of the resolution and the election or 22 appointment by the school board of its own school treasurer: 23 (1) the trustees of schools in the township shall no longer 24 have or exercise any powers or duties with respect to the 25 school district or with respect to the school business, 26 operations, or assets of the school district; (2) all books HB0305 Enrolled - 4 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 5 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 5 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 5 - LRB103 03832 RJT 48838 b 1 and records of the trustees of schools and all moneys, 2 securities, loanable funds, and other assets relating to the 3 school business and affairs of the school district shall be 4 transferred and delivered to the school board; and (3) all 5 legal title to and all right, title, and interest formerly 6 held by the trustees of schools in any common school lands, 7 school buildings, or school sites used and occupied by the 8 school board and all rights of property and causes of action 9 pertaining to or constituting a part of the common school 10 lands, buildings, or sites shall be deemed transferred by 11 operation of law to and shall vest in the school board. 12 Notwithstanding subsections (a) and (c) of this Section 13 and upon final judgment, including the exhaustion of all 14 appeals or a settlement between all parties, regarding claims 15 set forth in the case of Township Trustees of Schools Township 16 38 North, Range 12 East v. Lyons Township High School District 17 No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit 18 Court of Cook County, Illinois, County Department, Chancery 19 Division, and all related pending claims, the school board of 20 Lyons Township High School District 204 may commence, by 21 proper resolution, to withdraw from the jurisdiction and 22 authority of the trustees of schools of Lyons Township and the 23 township treasurer, provided that the school board shall, upon 24 the adoption and passage of the resolution, elect or appoint 25 its own school treasurer as provided in Section 8-1 of this 26 Code. Upon the adoption and passage of the resolution and the HB0305 Enrolled - 5 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 6 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 6 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 6 - LRB103 03832 RJT 48838 b 1 election or appointment by the school board of its own school 2 treasurer commencing with the first day of the succeeding 3 fiscal year, but not prior to July 1, 2019: (1) the trustees of 4 schools in the township shall no longer have or exercise any 5 powers or duties with respect to the school district or with 6 respect to the school business, operations, or assets of the 7 school district; (2) all books and records of the trustees of 8 schools and all moneys, securities, loanable funds, and other 9 assets relating to the school business and affairs of the 10 school district shall be transferred and delivered to the 11 school board, allowing for a reasonable period of time not to 12 exceed 90 days to liquidate any pooled investments; and (3) 13 all legal title to and all right, title, and interest formerly 14 held by the trustees of schools in any common school lands, 15 school buildings, or school sites used and occupied by the 16 school board and all rights of property and causes of action 17 pertaining to or constituting a part of the common school 18 lands, buildings, or sites shall be deemed transferred by 19 operation of law to and shall vest in the school board. The 20 changes made to this Section by this amendatory Act of the 21 100th General Assembly are prospective only, starting from the 22 effective date of this amendatory Act of the 100th General 23 Assembly, and shall not affect any legal action pending on the 24 effective date of this amendatory Act of the 100th General 25 Assembly in the Illinois courts in which Lyons Township High 26 School District 204 is a listed party. HB0305 Enrolled - 6 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 7 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 7 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 7 - LRB103 03832 RJT 48838 b 1 Notwithstanding subsections (a) and (c), the school boards 2 of Glenbrook High School District 225, Northbrook Elementary 3 School District 27, Northbrook School District 28, Sunset 4 Ridge School District 29, Northbrook/Glenview School District 5 30, West Northfield School District 31, and Glenview Community 6 Consolidated School District 34 may, by proper resolution, 7 withdraw from the jurisdiction and authority of the trustees 8 of schools of Northfield and Maine Townships and the township 9 treasurer, provided that the school board shall, upon the 10 adoption and passage of the resolution, elect or appoint its 11 own school treasurer as provided in Section 8-1 of this Code. 12 Upon the adoption and passage of the resolution and the 13 election or appointment by the school board of its own school 14 treasurer: (1) the trustees of schools in the township or 15 townships shall no longer have or exercise any powers or 16 duties with respect to the school district or with respect to 17 the school business, operations, or assets of the school 18 district; (2) all books and records of the trustees of schools 19 and all moneys, securities, loanable funds, and other assets 20 relating to the school business and affairs of the school 21 district shall be transferred and delivered to the school 22 board; and (3) all legal title to and all right, title, and 23 interest formerly held by the trustees of schools in any 24 common school lands, school buildings, or school sites used 25 and occupied by the school board and all rights of property and 26 causes of action pertaining to or constituting a part of the HB0305 Enrolled - 7 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 8 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 8 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 8 - LRB103 03832 RJT 48838 b 1 common school lands, buildings, or sites shall be deemed 2 transferred by operation of law to and shall vest in the school 3 board. 4 (c) Notwithstanding the provisions of subsection (a), the 5 offices of township treasurer and trustee of schools of any 6 township located in a Class II county school unit shall be 7 abolished as provided in this subsection if all of the 8 following conditions are met: 9 (1) During the same 30 day period, each school board 10 of each elementary and unit school district that is 11 subject to the jurisdiction and authority of the township 12 treasurer and trustees of schools of the township in which 13 those offices are sought to be abolished gives written 14 notice by certified mail, return receipt requested to the 15 township treasurer and trustees of schools of that 16 township of the date of a meeting of the school board, to 17 be held not more than 90 nor less than 60 days after the 18 date when the notice is given, at which meeting the school 19 board is to consider and vote upon the question of whether 20 there shall be submitted to the electors of the school 21 district a proposition to abolish the offices of township 22 treasurer and trustee of schools of that township. None of 23 the notices given under this paragraph to the township 24 treasurer and trustees of schools of a township shall be 25 deemed sufficient or in compliance with the requirements 26 of this paragraph unless all of those notices are given HB0305 Enrolled - 8 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 9 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 9 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 9 - LRB103 03832 RJT 48838 b 1 within the same 30 day period. 2 (2) Each school board of each elementary and unit 3 school district that is subject to the jurisdiction and 4 authority of the township treasurer and trustees of 5 schools of the township in which those offices are sought 6 to be abolished, by the affirmative vote of at least 5 7 members of the school board at a school board meeting of 8 which notice is given as required by paragraph (1) of this 9 subsection, adopts a resolution requiring the secretary of 10 the school board to certify to the proper election 11 authorities for submission to the electors of the school 12 district at the next consolidated election in accordance 13 with the general election law a proposition to abolish the 14 offices of township treasurer and trustee of schools of 15 that township. None of the resolutions adopted under this 16 paragraph by any elementary or unit school districts that 17 are subject to the jurisdiction and authority of the 18 township treasurer and trustees of schools of the township 19 in which those offices are sought to be abolished shall be 20 deemed in compliance with the requirements of this 21 paragraph or sufficient to authorize submission of the 22 proposition to abolish those offices to a referendum of 23 the electors in any such school district unless all of the 24 school boards of all of the elementary and unit school 25 districts that are subject to the jurisdiction and 26 authority of the township treasurer and trustees of HB0305 Enrolled - 9 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 10 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 10 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 10 - LRB103 03832 RJT 48838 b 1 schools of that township adopt such a resolution in 2 accordance with the provisions of this paragraph. 3 (3) The school boards of all of the elementary and 4 unit school districts that are subject to the jurisdiction 5 and authority of the township treasurer and trustees of 6 schools of the township in which those offices are sought 7 to be abolished submit a proposition to abolish the 8 offices of township treasurer and trustee of schools of 9 that township to the electors of their respective school 10 districts at the same consolidated election in accordance 11 with the general election law, the ballot in each such 12 district to be in substantially the following form: 13 ---------------------------------------------- 14 OFFICIAL BALLOT 15 Shall the offices of township 16 treasurer and YES 17 trustee of ------------- 18 schools of Township ..... NO 19 Range ..... be abolished? 20 --------------------------------------------------------- 21 (4) At the consolidated election at which the 22 proposition to abolish the offices of township treasurer 23 and trustee of schools of a township is submitted to the 24 electors of each elementary and unit school district that 25 is subject to the jurisdiction and authority of the 26 township treasurer and trustee of schools of that HB0305 Enrolled - 10 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 11 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 11 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 11 - LRB103 03832 RJT 48838 b 1 township, a majority of the electors voting on the 2 proposition in each such elementary and unit school 3 district votes in favor of the proposition as submitted to 4 them. 5 If in each elementary and unit school district that is 6 subject to the jurisdiction and authority of the township 7 treasurer and trustees of schools of the township in which 8 those offices are sought to be abolished a majority of the 9 electors in each such district voting at the consolidated 10 election on the proposition to abolish the offices of township 11 treasurer and trustee of schools of that township votes in 12 favor of the proposition as submitted to them, the proposition 13 shall be deemed to have passed; but if in any such elementary 14 or unit school district a majority of the electors voting on 15 that proposition in that district fails to vote in favor of the 16 proposition as submitted to them, then notwithstanding the 17 vote of the electors in any other such elementary or unit 18 school district on that proposition the proposition shall not 19 be deemed to have passed in any of those elementary or unit 20 school districts, and the offices of township treasurer and 21 trustee of schools of the township in which those offices were 22 sought to be abolished shall not be abolished, unless in each 23 of those elementary and unit school districts remaining 24 subject to the jurisdiction and authority of the township 25 treasurer and trustees of schools of that township proceedings 26 are again initiated to abolish those offices and all of the HB0305 Enrolled - 11 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 12 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 12 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 12 - LRB103 03832 RJT 48838 b 1 proceedings and conditions prescribed in paragraphs (1) 2 through (4) of this subsection are repeated and met in each of 3 those elementary and unit school districts. 4 Notwithstanding the foregoing provisions of this Section 5 or any other provision of the School Code, the offices of 6 township treasurer and trustee of schools of a township that 7 has a population of less than 200,000 and that contains a unit 8 school district and is located in a Class II county school unit 9 shall also be abolished as provided in this subsection if all 10 of the conditions set forth in paragraphs (1), (2), and (3) of 11 this subsection are met and if the following additional 12 condition is met: 13 The electors in all of the school districts subject to 14 the jurisdiction and authority of the township treasurer 15 and trustees of schools of the township in which those 16 offices are sought to be abolished shall vote at the 17 consolidated election on the proposition to abolish the 18 offices of township treasurer and trustee of schools of 19 that township. If a majority of the electors in all of the 20 school districts combined voting on the proposition vote 21 in favor of the proposition, then the proposition shall be 22 deemed to have passed; but if a majority of the electors 23 voting on the proposition in all of the school district 24 fails to vote in favor of the proposition as submitted to 25 them, then the proposition shall not be deemed to have 26 passed and the offices of township treasurer and trustee HB0305 Enrolled - 12 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 13 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 13 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 13 - LRB103 03832 RJT 48838 b 1 of schools of the township in which those offices were 2 sought to be abolished shall not be abolished, unless and 3 until the proceedings detailed in paragraphs (1) through 4 (3) of this subsection and the conditions set forth in 5 this paragraph are met. 6 If the proposition to abolish the offices of township 7 treasurer and trustee of schools of a township is deemed to 8 have passed at the consolidated election as provided in this 9 subsection, those offices shall be deemed abolished by 10 operation of law effective on January 1 of the calendar year 11 immediately following the calendar year in which that 12 consolidated election is held, provided that if after the 13 election, the trustees of schools by resolution elect to 14 abolish the offices of township treasurer and trustee of 15 schools effective on July 1 immediately following the 16 election, then the offices shall be abolished on July 1 17 immediately following the election. On the date that the 18 offices of township treasurer and trustee of schools of a 19 township are deemed abolished by operation of law, the school 20 board of each elementary and unit school district and the 21 school board of each high school district that is subject to 22 the jurisdiction and authority of the township treasurer and 23 trustees of schools of that township at the time those offices 24 are abolished: (i) shall appoint its own school treasurer as 25 provided in Section 8-1; and (ii) unless the term of the 26 contract of a township treasurer expires on the date that the HB0305 Enrolled - 13 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 14 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 14 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 14 - LRB103 03832 RJT 48838 b 1 office of township treasurer is abolished, shall pay to the 2 former township treasurer its proportionate share of any 3 aggregate compensation that, were the office of township 4 treasurer not abolished at that time, would have been payable 5 to the former township treasurer after that date over the 6 remainder of the term of the contract of the former township 7 treasurer that began prior to but ends after that date. In 8 addition, on the date that the offices of township treasurer 9 and trustee of schools of a township are deemed abolished as 10 provided in this subsection, the school board of each 11 elementary school, high school and unit school district that 12 until that date is subject to the jurisdiction and authority 13 of the township treasurer and trustees of schools of that 14 township shall be deemed by operation of law to have agreed and 15 assumed to pay and, when determined, shall pay to the Illinois 16 Municipal Retirement Fund a proportionate share of the 17 unfunded liability existing in that Fund at the time these 18 offices are abolished in that calendar year for all annuities 19 or other benefits then or thereafter to become payable from 20 that Fund with respect to all periods of service performed 21 prior to that date as a participating employee in that Fund by 22 persons serving during those periods of service as a trustee 23 of schools, township treasurer or regular employee in the 24 office of the township treasurer of that township. That 25 unfunded liability shall be actuarially determined by the 26 board of trustees of the Illinois Municipal Retirement Fund, HB0305 Enrolled - 14 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 15 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 15 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 15 - LRB103 03832 RJT 48838 b 1 and the board of trustees shall thereupon notify each school 2 board required to pay a proportionate share of that unfunded 3 liability of the aggregate amount of the unfunded liability so 4 determined. The amount so paid to the Illinois Municipal 5 Retirement Fund by each of those school districts shall be 6 credited to the account of the township in that Fund. For each 7 elementary school, high school and unit school district under 8 the 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 district's 11 proportionate share of the aggregate compensation payable to 12 the former township treasurer as provided in this paragraph 13 and each such district's proportionate share of the aggregate 14 amount of the unfunded liability payable to the Illinois 15 Municipal Retirement Fund as provided in this paragraph shall 16 be computed in accordance with the ratio that the number of 17 pupils in average daily attendance in each such district for 18 the school year last ending prior to the date on which the 19 offices of township treasurer and trustee of schools of that 20 township are abolished bears to the aggregate number of pupils 21 in average daily attendance in all of those districts as so 22 reported for that school year. 23 Upon abolition of the offices of township treasurer and 24 trustee of schools of a township as provided in this 25 subsection: (i) the regional board of school trustees, in its 26 corporate capacity, shall be deemed the successor in interest HB0305 Enrolled - 15 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 16 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 16 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 16 - LRB103 03832 RJT 48838 b 1 to the former trustees of schools of that township with 2 respect to the common school lands and township loanable funds 3 of the township; (ii) all right, title and interest existing 4 or vested in the former trustees of schools of that township in 5 the common school lands and township loanable funds of the 6 township, and all records, moneys, securities and other 7 assets, rights of property and causes of action pertaining to 8 or constituting a part of those common school lands or 9 township loanable funds, shall be transferred to and deemed 10 vested by operation of law in the regional board of school 11 trustees, which shall hold legal title to, manage and operate 12 all common school lands and township loanable funds of the 13 township, receive the rents, issues and profits therefrom, and 14 have and exercise with respect thereto the same powers and 15 duties as are provided by this Code to be exercised by regional 16 boards of school trustees when acting as township land 17 commissioners in counties having at least 220,000 but fewer 18 than 2,000,000 inhabitants; (iii) the regional board of school 19 trustees shall select to serve as its treasurer with respect 20 to the common school lands and township loanable funds of the 21 township a person from time to time also serving as the 22 appointed school treasurer of any school district that was 23 subject to the jurisdiction and authority of the township 24 treasurer and trustees of schools of that township at the time 25 those offices were abolished, and the person selected to also 26 serve as treasurer of the regional board of school trustees HB0305 Enrolled - 16 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 17 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 17 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 17 - LRB103 03832 RJT 48838 b 1 shall have his compensation for services in that capacity 2 fixed by the regional board of school trustees, to be paid from 3 the township loanable funds, and shall make to the regional 4 board of school trustees the reports required to be made by 5 treasurers of township land commissioners, give bond as 6 required by treasurers of township land commissioners, and 7 perform the duties and exercise the powers of treasurers of 8 township land commissioners; (iv) the regional board of school 9 trustees shall designate in the manner provided by Section 10 8-7, insofar as applicable, a depositary for its treasurer, 11 and the proceeds of all rents, issues and profits from the 12 common school lands and township loanable funds of that 13 township shall be deposited and held in the account maintained 14 for those purposes with that depositary and shall be expended 15 and distributed therefrom as provided in Section 15-24 and 16 other applicable provisions of this Code; and (v) whenever 17 there is vested in the trustees of schools of a township at the 18 time that office is abolished under this subsection the legal 19 title to any school buildings or school sites used or occupied 20 for school purposes by any elementary school, high school or 21 unit school district subject to the jurisdiction and authority 22 of those trustees of school at the time that office is 23 abolished, the legal title to those school buildings and 24 school sites shall be deemed transferred by operation of law 25 to and invested in the school board of that school district, in 26 its corporate capacity under Section 10-22.35B of this Code, HB0305 Enrolled - 17 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 18 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 18 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 18 - LRB103 03832 RJT 48838 b 1 the same to be held, sold, exchanged leased or otherwise 2 transferred in accordance with applicable provisions of this 3 Code. 4 Notwithstanding Section 2-3.25g of this Code, a waiver of 5 a mandate established under this Section may not be requested. 6 (d) Notwithstanding any other provision of law, any school 7 district that forms a part of a Class II county school unit 8 may, by a resolution adopted by at least two-thirds of the 9 members of the school board of a school district, withdraw a 10 school district from the jurisdiction and authority of the 11 trustees of schools of the township in which such school 12 district is located and from the jurisdiction and authority of 13 the township treasurer of the township in which such school 14 district is located, provided that the school board of the 15 school district shall, upon the adoption and passage of such 16 resolution, thereupon elect or appoint its own school 17 treasurer as provided in Section 8-1 of this Code. The 18 appointed school treasurer may include a township treasurer. 19 The school board may enter into a contractual or 20 intergovernmental agreement with an appointed school treasurer 21 for school treasurer services. 22 Upon adoption and passage of the resolution and the 23 election or appointment by the school board of its own school 24 treasurer commencing with the first day of the succeeding 25 fiscal year, but not prior to July 1, 2025: (1) the trustees of 26 schools in the township or townships shall no longer have or HB0305 Enrolled - 18 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 19 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 19 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 19 - LRB103 03832 RJT 48838 b 1 exercise any powers or duties with respect to the school 2 district or with respect to the school business, operations, 3 or assets of the school district; (2) all books and records of 4 the trustees of schools and all moneys, securities, loanable 5 funds, and other assets relating to the school business and 6 affairs of the school district shall be transferred and 7 delivered to the school board; and (3) all legal title to and 8 all right, title, and interest formerly held by the trustees 9 of schools in any common school lands, school buildings, or 10 school sites used and occupied by the school board and all 11 rights of property and causes of action pertaining to or 12 constituting a part of the common school lands, buildings, or 13 sites shall be deemed transferred by operation of law to and 14 shall vest in the school board. 15 (Source: P.A. 103-144, eff. 6-30-23.) 16 (105 ILCS 5/5-2) (from Ch. 122, par. 5-2) 17 Sec. 5-2. Governing board. 18 (a) Except as otherwise provided in subsection (b), the 19 school business of all school townships having school trustees 20 shall be transacted by three trustees, to be elected by the 21 qualified voters of the township, as provided in this Article 22 5. 23 (b) This subsection (b) applies only to the trustees of 24 schools of Township 38 North, Range 12 East. The school 25 business of the township shall be transacted by 4 trustees HB0305 Enrolled - 19 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 20 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 20 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 20 - LRB103 03832 RJT 48838 b 1 elected by the qualified voters of the township, as provided 2 in this Article 5, and 3 trustees appointed by the school 3 districts within the township, as provided in this subsection 4 (b). An elected trustee and an appointed trustee may represent 5 the same school district. Any trustee, whether elected or 6 appointed, may serve as an officer of the trustees of schools. 7 The 3 trustees to be appointed shall each be appointed for 8 a term of one year as follows: 9 (1) The school boards of Argo Community High School 10 District 217, Summit School District 104, Willow Springs 11 School District 108, and Indian Springs School District 12 109 shall collectively appoint one school board member as 13 a trustee through a nomination process and by a majority 14 vote or by consensus among the school boards. A trustee 15 appointed under this paragraph (1) may be reappointed for 16 a second term as provided under this paragraph (1). After 17 the appointed term or reappointed term of the trustee 18 expires, the school boards shall appoint a successor 19 trustee pursuant to this paragraph (1). 20 (2) The school boards of Western Springs School 21 District 101, La Grange School District 102, Lyons School 22 District 103, La Grange School District 105 South, 23 LaGrange Highlands School District 106, and Pleasantdale 24 School District 107 shall collectively appoint one school 25 board member as a trustee through a nomination process and 26 by a majority vote or by consensus among the school HB0305 Enrolled - 20 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 21 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 21 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 21 - LRB103 03832 RJT 48838 b 1 boards. A trustee appointed under this paragraph (2) may 2 be reappointed for a second term as provided under this 3 paragraph (2). After the appointed term or reappointed 4 term of the trustee expires, the school boards shall 5 appoint a successor trustee pursuant to this paragraph 6 (2). 7 (3) Each year, among the school board presidents of 8 the school districts within the township, one school board 9 president shall be selected through a nomination process 10 and by a majority vote to appoint a trustee. If no 11 president of a school board is nominated, another officer 12 of one of the school boards may be nominated. For the 13 even-numbered year term, a trustee appointed under this 14 paragraph (3) must be from a feeder elementary school 15 district for Argo Community High School District 217, and, 16 for the odd-numbered year term, a trustee appointed under 17 this paragraph (3) must be from a feeder elementary school 18 district for Lyons Township High School District 204. 19 (c) The trustees shall be a body politic and corporate, by 20 the name of "trustees of schools of township No. ...., range 21 No. ....," according to the number, or in case of school 22 townships created from two or more congressional townships, 23 such name shall be "trustees of .... township .... county, 24 Illinois." Such corporation shall have perpetual existence, 25 with power to sue and be sued, and to plead and be impleaded, 26 in all courts and places where judicial proceedings are had. HB0305 Enrolled - 21 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 22 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 22 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 22 - LRB103 03832 RJT 48838 b 1 (Source: P.A. 102-924, eff. 5-27-22.) 2 (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1) 3 Sec. 5-2.1. Eligible Voters: For the purposes of this 4 Article persons who are qualified to vote in school elections 5 shall be eligible to vote for the trustees of schools who have 6 jurisdiction over the elementary school district or unit 7 school district in which the person resides. 8 If the application of this Section results in an elector 9 voting for trustees of a school township in which he does not 10 reside because the elementary or unit school district crosses 11 township boundaries and has been assigned to the jurisdiction 12 of the trustees of an adjoining township, that elector shall 13 also be eligible to vote for the trustees of the township 14 within which he resides. Moreover, an elector who resides in a 15 high school district that crosses township boundaries and has 16 been assigned to the jurisdiction of the trustees of an 17 adjoining township shall be eligible to vote for both the 18 trustees of the township in which he or she resides and the 19 trustees of the township having jurisdiction over the high 20 school district in which he or she resides. 21 This Section is repealed on the effective date of this 22 amendatory Act of the 103rd General Assembly. 23 (Source: P.A. 94-432, eff. 8-2-05.) 24 (105 ILCS 5/5-2.2) HB0305 Enrolled - 22 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 23 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 23 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 23 - LRB103 03832 RJT 48838 b 1 Sec. 5-2.2. Designation of trustees; Township 36 North, 2 Range 13 East. After the April 5, 2011 consolidated election, 3 the trustees of schools in Township 36 North, Range 13 East 4 shall no longer be elected pursuant to the provisions of 5 Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any 6 such trustees elected before such date may complete the term 7 to which that trustee was elected, but shall not be succeeded 8 by election. Instead, the board of education or board of 9 school directors of each of the elementary and high school 10 districts that are subject to the jurisdiction of Township 36 11 North, Range 13 East shall appoint one of the members to serve 12 as trustee of schools. The trustees of schools shall be 13 appointed by each board of education or board of school 14 directors within 60 days after the effective date of this 15 amendatory Act of the 97th General Assembly and shall 16 reorganize within 30 days after all the trustees of schools 17 have been appointed or within 30 days after all the trustees of 18 schools were due to have been appointed, whichever is sooner. 19 Trustees of schools so appointed shall serve at the pleasure 20 of the board of education or board of school directors 21 appointing them, but in no event longer than 2 years unless 22 reappointed. 23 After the April 4, 2023 consolidated election, no trustees 24 of schools shall be elected. Any trustees elected or appointed 25 on or before April 4, 2023 may complete the term to which that 26 trustee was trustees elected or appointed, but may not be HB0305 Enrolled - 23 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 24 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 24 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 24 - LRB103 03832 RJT 48838 b 1 succeeded by election. Each school board of each school 2 district that is a part of a Class II county school unit shall 3 appoint one member of the school board or one school employee 4 to serve as trustee of schools of the township in which such 5 school district is located. The trustees of schools shall be 6 appointed by each school board within 60 days after the 7 effective date of this amendatory Act of the 103rd General 8 Assembly and shall reorganize within 30 days after all the 9 trustees of schools have been appointed or within 90 days 10 after the effective date of this amendatory Act of the 103rd 11 General Assembly, whichever is sooner. A trustee of schools 12 shall serve at the pleasure of the school board that appointed 13 the trustee of schools but may not serve as a trustee of 14 schools for longer than 2 years unless reappointed by the 15 school board. 16 A majority of members of the trustees of schools shall 17 constitute a quorum for the transaction of business. The 18 trustees shall organize by appointing one of their number 19 president, who shall hold the office for 2 years. If the 20 president is absent from any meeting, or refuses to perform 21 any of the duties of the office, a president pro-tempore may be 22 appointed. Trustees who serve on the board as a result of 23 appointment or election at the time of the reorganization 24 shall continue to serve as a member of the trustees of schools, 25 with no greater or lesser authority than any other trustee, 26 until such time as their elected term expires. HB0305 Enrolled - 24 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 25 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 25 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 25 - LRB103 03832 RJT 48838 b 1 Each trustee of schools appointed by a board of education 2 or board of school directors shall be entitled to 3 indemnification and protection against claims and suits by the 4 board that appointed that trustee of schools for acts or 5 omissions as a trustee of schools in the same manner and to the 6 same extent as the trustee of schools is entitled to 7 indemnification and protection for acts or omissions as a 8 member of the board of education or board of school directors 9 under Section 10-20.20 of this Code. 10 (Source: P.A. 99-642, eff. 7-28-16.) 11 (105 ILCS 5/5-3) (from Ch. 122, par. 5-3) 12 Sec. 5-3. Eligibility of trustees. No person shall be 13 eligible to the office of trustee of schools who is not a 14 resident of the township and at least 18 years of age. If there 15 are 3 or more school districts in a township which are subject 16 to the jurisdiction of the trustees of schools of that 17 township, no 2 trustees shall reside, when elected, in the 18 same school district; except that in townships in which at 19 least 90% of the electors reside in one school district which 20 is subject to the jurisdiction of the trustees of schools of 21 that township, this restriction shall not apply. No person 22 shall be eligible to the office of trustee of schools and 23 school director or school board member at the same time. 24 This Section does not apply to trustees appointed under 25 subsection (b) of Section 5-2. HB0305 Enrolled - 25 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 26 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 26 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 26 - LRB103 03832 RJT 48838 b 1 This Section is repealed on the effective date of this 2 amendatory Act of the 103rd General Assembly. 3 (Source: P.A. 102-924, eff. 5-27-22.) 4 (105 ILCS 5/5-4) (from Ch. 122, par. 5-4) 5 Sec. 5-4. Election of trustees. The election of trustees 6 of schools shall be held in odd-numbered years at the election 7 specified in the general election law. In townships in which 8 no election for school trustees has been held, or in townships 9 in which from any cause there are no trustees of schools and 10 the law requires that there be school trustees, the election 11 of trustees of schools shall be held at the same time. 12 No person shall be nominated for the office of trustee of 13 schools, in townships containing 20,000 inhabitants or over, 14 except by petition signed by at least 5% or 500 of the voters 15 of the school township in which the person is seeking 16 nomination and election who last cast votes in the most recent 17 election, whichever is less, filed with the township 18 treasurer, or, in case of a first election, with the county 19 clerk. 20 A candidate for election as a school trustee, who has 21 petitioned for nomination to fill a full term and to fill a 22 vacant term to be voted upon at the same election, must 23 withdraw his or her petition for nomination from either the 24 full term or the vacant term by written declaration, which 25 shall be signed and acknowledged by an officer authorized to HB0305 Enrolled - 26 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 27 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 27 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 27 - LRB103 03832 RJT 48838 b 1 take such acknowledgments and which is filed with the township 2 treasurer in the township in which he or she is a candidate 3 within the time provided by the general election law. 4 This Section is repealed on the effective date of this 5 amendatory Act of the 103rd General Assembly. 6 (Source: P.A. 102-924, eff. 5-27-22.) 7 (105 ILCS 5/5-12) (from Ch. 122, par. 5-12) 8 Sec. 5-12. Trustees' names and townships to regional 9 superintendent. The returns of an election for trustees of 10 schools shall be made to the county clerk. He shall furnish to 11 the regional superintendent of schools, within 7 days after 12 the returns have been made, the names of the trustees so 13 returned to him, and shall specify the townships in which they 14 have been elected. 15 This Section is repealed on the effective date of this 16 amendatory Act of the 103rd General Assembly. 17 (Source: P.A. 81-1490.) 18 (105 ILCS 5/5-13) (from Ch. 122, par. 5-13) 19 Sec. 5-13. Term of office of trustees. In townships 20 already organized, the school trustee shall be elected in each 21 odd numbered year for a term of 6 years to succeed the trustee 22 whose term expires in such odd numbered year. 23 The first-elected trustees in a newly organized township 24 shall at their first meeting cast lots for their respective HB0305 Enrolled - 27 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 28 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 28 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 28 - LRB103 03832 RJT 48838 b 1 terms of office, for 2, 4 and 6 years; and thereafter 1 trustee 2 shall be elected in each odd-numbered year. 3 This Section is inoperative on the effective date of this 4 amendatory Act of the 103rd General Assembly. 5 (Source: P.A. 81-1490.) 6 (105 ILCS 5/5-16) (from Ch. 122, par. 5-16) 7 Sec. 5-16. Meetings - Quorum. The trustees of school shall 8 hold regular meetings on the first Monday of each calendar 9 quarter or if such Monday falls on a holiday, then on the 10 following Monday. Special meetings may be called at any time 11 by the president or by a majority of the two members. A 12 majority of the Two members shall constitute a quorum for the 13 transaction of business. 14 (Source: P.A. 81-338.) 15 (105 ILCS 5/8-1) (from Ch. 122, par. 8-1) 16 Sec. 8-1. Treasurers. 17 (a) Except as otherwise provided in subsections (b) and 18 (c), in Class II county school units the trustees of schools 19 shall appoint a treasurer who shall be ex-officio clerk of the 20 board. The term of the township treasurer shall be for a 2 year 21 period beginning and ending on the first of July. The 22 treasurer shall be a resident of the township, but not be a 23 trustee, or school board member. He shall attend all meetings 24 and keep a record of the official proceedings of the trustees HB0305 Enrolled - 28 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 29 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 29 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 29 - LRB103 03832 RJT 48838 b 1 of schools. Such record shall be open to public inspection. 2 All proceedings, when recorded, shall be signed by the 3 president and the clerk. If the clerk is absent, or refuses to 4 perform any of his duties, a clerk pro tempore may be 5 appointed. For sufficient cause the treasurer may be removed 6 from office by the trustees of schools. In case of a vacancy 7 the trustees of schools shall elect a treasurer for the 8 unexpired term. 9 (b) In Class I county school units, and in each school 10 district which forms a part of a Class II county school unit 11 but which has withdrawn from the jurisdiction and authority of 12 the trustees of schools of the township in which such school 13 district is located and from the jurisdiction and authority of 14 the township treasurer in such Class II county school unit as 15 provided in subsection (b) of Section 5-1, each school board 16 shall either elect one of its members to serve as treasurer 17 without salary for a period of one year or appoint someone, not 18 a member of the school board, as its treasurer, and, except as 19 provided in this Section the board shall fix his compensation. 20 An appointed treasurer shall serve at the pleasure of the 21 board. An appointed treasurer shall be at least 21 years of 22 age, of approved integrity, but not a member of the county 23 board of school trustees. The records of the treasurer shall 24 be open to public inspection. Two or more such districts may 25 appoint the same treasurer. In case of a vacancy caused by the 26 death, resignation or the removal from office of the school HB0305 Enrolled - 29 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 30 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 30 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 30 - LRB103 03832 RJT 48838 b 1 treasurer the school board shall appoint a treasurer. The 2 school board may determine the temporary incapacity of its 3 treasurer occasioned by illness, absence from the district or 4 any other cause which prevents the prompt performance of his 5 duties and appoint an acting treasurer to serve until the 6 board determines such temporary incapacity no longer exists. 7 (c) The school board of each elementary school, high 8 school and unit school district that forms a part of a Class II 9 county school unit and that was under the jurisdiction and 10 authority of the township treasurer and trustees of schools of 11 a township at the time those offices were abolished in that 12 township as provided in subsection (c) of Section 5-1 shall 13 appoint a person to serve as treasurer of the school board. The 14 term of each school treasurer appointed under this subsection 15 shall be for a 2 year period beginning and ending on the first 16 day of July. A person appointed under this subsection to serve 17 as treasurer of a school board shall not be the superintendent 18 of schools of the school district. A person appointed and 19 serving under this subsection as treasurer of a school board 20 may concurrently serve as the treasurer of the regional board 21 of school trustees, if selected to serve in that capacity by 22 the regional board of school trustees, as provided in 23 subsection (c) of Section 5-1. The school board shall fix the 24 compensation of its school treasurer, and for sufficient cause 25 may remove the school treasurer from office. However, if a 26 member of the school board is also school treasurer, he or she HB0305 Enrolled - 30 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 31 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 31 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 31 - LRB103 03832 RJT 48838 b 1 shall perform his or her duties as school treasurer without 2 compensation. In the case of a vacancy, the school board shall 3 appoint a school treasurer for the unexpired term. The school 4 board may determine the temporary incapacity of its treasurer 5 due to illness, absence from the district, or other cause that 6 prevents the prompt performance of his duties and may appoint 7 an acting treasurer to serve until the school board determines 8 that the temporary incapacity of its treasurer no longer 9 exists. 10 (d) After October 1, 1977, each treasurer in a Class I 11 county school unit appointed under this Section for his first 12 term shall have a financial background or related experience 13 or 12 semester hours of credit of college level accounting. 14 (e) After August 14, 1989, any treasurer appointed under 15 this Section for his first term in Class II county school 16 units, including any person appointed by a school board to 17 serve as its treasurer as provided in subsection (c) of this 18 Section, shall be a certified public accountant or a certified 19 chief school business official as defined in part (3) of 20 Section 21-7.3 of this Act. Experience as a township treasurer 21 in a Class II county school unit prior to July 1, 1989 shall be 22 deemed the equivalent of certification. 23 (f) Concurrently with the election or appointment of its 24 own school treasurer by the school board of a school district 25 which forms a part of a Class II county school unit but which 26 no longer is subject to the jurisdiction and authority of a HB0305 Enrolled - 31 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 32 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 32 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 32 - LRB103 03832 RJT 48838 b 1 township treasurer or trustees of schools of a township 2 because the district has withdrawn from the jurisdiction and 3 authority of the township treasurer and trustees of schools of 4 the township or because those offices have been abolished as 5 provided in subsection (b) or (c) of Section 5-1, all funds, 6 accounts, moneys, notes, bonds, mortgages and effects then 7 held by such township treasurer on behalf or for the use and 8 benefit of, or then credited by such township treasurer to any 9 fund or account of such school district shall thereupon be 10 transferred and paid over by such township treasurer to the 11 school treasurer elected or appointed by the school board of 12 such school district. In addition the school treasurer of such 13 school district shall have the right, at all reasonable times, 14 to inspect all cash books, loan books, district account books 15 and journals kept by such township treasurer as provided in 16 Section 8-5 and to copy or otherwise reproduce such portions 17 thereof as such school treasurer deems necessary for the 18 performance of his duties. 19 (g) Upon the abolition of the offices of the township 20 treasurer and trustee of schools of a township as provided in 21 subsection (c) of Section 5-1, and subject to the limitation 22 of subsection (b) of Section 8-5 with respect to certain 23 records to be surrendered to the regional board of school 24 trustees, and except as otherwise provided in subsection (c) 25 of Section 5-1 with respect to the common school lands and 26 township loanable funds of that township and with respect to HB0305 Enrolled - 32 - LRB103 03832 RJT 48838 b HB0305 Enrolled- 33 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 33 - LRB103 03832 RJT 48838 b HB0305 Enrolled - 33 - LRB103 03832 RJT 48838 b 1 the records, books and accounts relating to those common 2 school lands and township loanable funds, all school funds and 3 accounts, moneys, notes, bonds, securities, district account 4 books and other documents, records and effects then held by 5 the former township treasurer on behalf or for the use and 6 benefit of, or then credited by the former township treasurer 7 to any fund or account of any school district that was under 8 the jurisdiction and authority of the township treasurer at 9 the time the office of that township treasurer was abolished 10 shall thereupon be transferred and paid over by the former 11 township treasurer to the appropriate school treasurer 12 appointed by the school board of each such district under 13 subsection (c) of this Section 8-1. 14 (h) If the school district of a school treasurer elected 15 or appointed under this Section is receiving emergency State 16 financial assistance under Article 1B, that school treasurer 17 is subject to the provisions of Article 1B. 18 (Source: P.A. 96-538, eff. 8-14-09.) HB0305 Enrolled - 33 - LRB103 03832 RJT 48838 b