| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0790 | |
| 2 | 1 | HB0305 EnrolledLRB103 03832 RJT 48838 b HB0305 Enrolled LRB103 03832 RJT 48838 b | |
| 3 | 2 | HB0305 Enrolled LRB103 03832 RJT 48838 b | |
| 4 | - | AN ACT concerning education. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The School Code is amended by changing Sections | |
| 8 | - | 5-1, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13, 5-16, and 8-1 as | |
| 9 | - | follows: | |
| 10 | - | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) | |
| 11 | - | Sec. 5-1. County school units. | |
| 12 | - | (a) The territory in each county, exclusive of any school | |
| 13 | - | district governed by any special act which requires the | |
| 14 | - | district to appoint its own school treasurer, shall constitute | |
| 15 | - | a county school unit. County school units of less than | |
| 16 | - | 2,000,000 inhabitants shall be known as Class I county school | |
| 17 | - | units and the office of township trustees, where existing on | |
| 18 | - | July 1, 1962, in such units shall be abolished on that date and | |
| 19 | - | all books and records of such former township trustees shall | |
| 20 | - | be forthwith thereafter transferred to the county board of | |
| 21 | - | school trustees. County school units of 2,000,000 or more | |
| 22 | - | inhabitants shall be known as Class II county school units and | |
| 23 | - | shall retain the office of township trustees unless otherwise | |
| 24 | - | provided in subsection (b), or (c), or (d), or shall be | |
| 25 | - | administered as provided Section 5-2.2. | |
| 26 | - | (b) Notwithstanding subsections (a) and (c), the school | |
| 3 | + | 1 AN ACT concerning education. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The School Code is amended by changing Sections | |
| 7 | + | 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 | |
| 8 | + | 6 follows: | |
| 9 | + | 7 (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) | |
| 10 | + | 8 Sec. 5-1. County school units. | |
| 11 | + | 9 (a) The territory in each county, exclusive of any school | |
| 12 | + | 10 district governed by any special act which requires the | |
| 13 | + | 11 district to appoint its own school treasurer, shall constitute | |
| 14 | + | 12 a county school unit. County school units of less than | |
| 15 | + | 13 2,000,000 inhabitants shall be known as Class I county school | |
| 16 | + | 14 units and the office of township trustees, where existing on | |
| 17 | + | 15 July 1, 1962, in such units shall be abolished on that date and | |
| 18 | + | 16 all books and records of such former township trustees shall | |
| 19 | + | 17 be forthwith thereafter transferred to the county board of | |
| 20 | + | 18 school trustees. County school units of 2,000,000 or more | |
| 21 | + | 19 inhabitants shall be known as Class II county school units and | |
| 22 | + | 20 shall retain the office of township trustees unless otherwise | |
| 23 | + | 21 provided in subsection (b), or (c), or (d), or shall be | |
| 24 | + | 22 administered as provided Section 5-2.2. | |
| 25 | + | 23 (b) Notwithstanding subsections (a) and (c), the school | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB0305 Enrolled LRB103 03832 RJT 48838 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | board of any elementary school district having a fall, 1989 | |
| 34 | - | aggregate enrollment of at least 2,500 but less than 6,500 | |
| 35 | - | pupils and having boundaries that are coterminous with the | |
| 36 | - | boundaries of a high school district, and the school board of | |
| 37 | - | any high school district having a fall, 1989 aggregate | |
| 38 | - | enrollment of at least 2,500 but less than 6,500 pupils and | |
| 39 | - | having boundaries that are coterminous with the boundaries of | |
| 40 | - | an elementary school district, may, whenever the territory of | |
| 41 | - | such school district forms a part of a Class II county school | |
| 42 | - | unit, by proper resolution withdraw such school district from | |
| 43 | - | the jurisdiction and authority of the trustees of schools of | |
| 44 | - | the township in which such school district is located and from | |
| 45 | - | the jurisdiction and authority of the township treasurer in | |
| 46 | - | such Class II county school unit; provided that the school | |
| 47 | - | board of any such school district shall, upon the adoption and | |
| 48 | - | passage of such resolution, thereupon elect or appoint its own | |
| 49 | - | school treasurer as provided in Section 8-1. Upon the adoption | |
| 50 | - | and passage of such resolution and the election or appointment | |
| 51 | - | by the school board of its own school treasurer: (1) the | |
| 52 | - | trustees of schools in such township shall no longer have or | |
| 53 | - | exercise any powers and duties with respect to the school | |
| 54 | - | district governed by such school board or with respect to the | |
| 55 | - | school business, operations or assets of such school district; | |
| 56 | - | and (2) all books and records of the township trustees | |
| 57 | - | relating to the school business and affairs of such school | |
| 58 | - | district shall be transferred and delivered to the school | |
| 32 | + | HB0305 Enrolled- 2 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 2 - LRB103 03832 RJT 48838 b | |
| 33 | + | HB0305 Enrolled - 2 - LRB103 03832 RJT 48838 b | |
| 34 | + | 1 board of any elementary school district having a fall, 1989 | |
| 35 | + | 2 aggregate enrollment of at least 2,500 but less than 6,500 | |
| 36 | + | 3 pupils and having boundaries that are coterminous with the | |
| 37 | + | 4 boundaries of a high school district, and the school board of | |
| 38 | + | 5 any high school district having a fall, 1989 aggregate | |
| 39 | + | 6 enrollment of at least 2,500 but less than 6,500 pupils and | |
| 40 | + | 7 having boundaries that are coterminous with the boundaries of | |
| 41 | + | 8 an elementary school district, may, whenever the territory of | |
| 42 | + | 9 such school district forms a part of a Class II county school | |
| 43 | + | 10 unit, by proper resolution withdraw such school district from | |
| 44 | + | 11 the jurisdiction and authority of the trustees of schools of | |
| 45 | + | 12 the township in which such school district is located and from | |
| 46 | + | 13 the jurisdiction and authority of the township treasurer in | |
| 47 | + | 14 such Class II county school unit; provided that the school | |
| 48 | + | 15 board of any such school district shall, upon the adoption and | |
| 49 | + | 16 passage of such resolution, thereupon elect or appoint its own | |
| 50 | + | 17 school treasurer as provided in Section 8-1. Upon the adoption | |
| 51 | + | 18 and passage of such resolution and the election or appointment | |
| 52 | + | 19 by the school board of its own school treasurer: (1) the | |
| 53 | + | 20 trustees of schools in such township shall no longer have or | |
| 54 | + | 21 exercise any powers and duties with respect to the school | |
| 55 | + | 22 district governed by such school board or with respect to the | |
| 56 | + | 23 school business, operations or assets of such school district; | |
| 57 | + | 24 and (2) all books and records of the township trustees | |
| 58 | + | 25 relating to the school business and affairs of such school | |
| 59 | + | 26 district shall be transferred and delivered to the school | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | board of such school district. Upon the effective date of this | |
| 62 | - | amendatory Act of 1993, the legal title to, and all right, | |
| 63 | - | title and interest formerly held by the township trustees in | |
| 64 | - | any school buildings and school sites used and occupied by the | |
| 65 | - | school board of such school district for school purposes, that | |
| 66 | - | legal title, right, title and interest thereafter having been | |
| 67 | - | transferred to and vested in the regional board of school | |
| 68 | - | trustees under P.A. 87-473 until the abolition of that | |
| 69 | - | regional board of school trustees by P.A. 87-969, shall be | |
| 70 | - | deemed transferred by operation of law to and shall vest in the | |
| 71 | - | school board of that school district. | |
| 72 | - | Notwithstanding subsections (a) and (c), the school boards | |
| 73 | - | of Oak Park & River Forest District 200, Oak Park Elementary | |
| 74 | - | School District 97, and River Forest School District 90 may, | |
| 75 | - | by proper resolution, withdraw from the jurisdiction and | |
| 76 | - | authority of the trustees of schools of Proviso and Cicero | |
| 77 | - | Townships and the township treasurer, provided that the school | |
| 78 | - | board shall, upon the adoption and passage of the resolution, | |
| 79 | - | elect or appoint its own school treasurer as provided in | |
| 80 | - | Section 8-1 of this Code. Upon the adoption and passage of the | |
| 81 | - | resolution and the election or appointment by the school board | |
| 82 | - | of its own school treasurer: (1) the trustees of schools in the | |
| 83 | - | township or townships shall no longer have or exercise any | |
| 84 | - | powers or duties with respect to the school district or with | |
| 85 | - | respect to the school business, operations, or assets of the | |
| 86 | - | school district; (2) all books and records of the trustees of | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | schools and all moneys, securities, loanable funds, and other | |
| 90 | - | assets relating to the school business and affairs of the | |
| 91 | - | school district shall be transferred and delivered to the | |
| 92 | - | school board; and (3) all legal title to and all right, title, | |
| 93 | - | and interest formerly held by the trustees of schools in any | |
| 94 | - | common school lands, school buildings, or school sites used | |
| 95 | - | and occupied by the school board and all rights of property and | |
| 96 | - | causes of action pertaining to or constituting a part of the | |
| 97 | - | common school lands, buildings, or sites shall be deemed | |
| 98 | - | transferred by operation of law to and shall vest in the school | |
| 99 | - | board. | |
| 100 | - | Notwithstanding subsections (a) and (c), the respective | |
| 101 | - | school boards of Berwyn North School District 98, Berwyn South | |
| 102 | - | School District 100, Cicero School District 99, and J.S. | |
| 103 | - | Morton High School District 201 may, by proper resolution, | |
| 104 | - | withdraw from the jurisdiction and authority of the trustees | |
| 105 | - | of schools of Cicero Township and the township treasurer, | |
| 106 | - | provided that the school board shall, upon the adoption and | |
| 107 | - | passage of the resolution, elect or appoint its own school | |
| 108 | - | treasurer as provided in Section 8-1 of this Code. Upon the | |
| 109 | - | adoption and passage of the resolution and the election or | |
| 110 | - | appointment by the school board of its own school treasurer: | |
| 111 | - | (1) the trustees of schools in the township shall no longer | |
| 112 | - | have or exercise any powers or duties with respect to the | |
| 113 | - | school district or with respect to the school business, | |
| 114 | - | operations, or assets of the school district; (2) all books | |
| 64 | + | ||
| 65 | + | HB0305 Enrolled - 2 - LRB103 03832 RJT 48838 b | |
| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | and records of the trustees of schools and all moneys, | |
| 118 | - | securities, loanable funds, and other assets relating to the | |
| 119 | - | school business and affairs of the school district shall be | |
| 120 | - | transferred and delivered to the school board; and (3) all | |
| 121 | - | legal title to and all right, title, and interest formerly | |
| 122 | - | held by the trustees of schools in any common school lands, | |
| 123 | - | school buildings, or school sites used and occupied by the | |
| 124 | - | school board and all rights of property and causes of action | |
| 125 | - | pertaining to or constituting a part of the common school | |
| 126 | - | lands, buildings, or sites shall be deemed transferred by | |
| 127 | - | operation of law to and shall vest in the school board. | |
| 128 | - | Notwithstanding subsections (a) and (c) of this Section | |
| 129 | - | and upon final judgment, including the exhaustion of all | |
| 130 | - | appeals or a settlement between all parties, regarding claims | |
| 131 | - | set forth in the case of Township Trustees of Schools Township | |
| 132 | - | 38 North, Range 12 East v. Lyons Township High School District | |
| 133 | - | No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | |
| 134 | - | Court of Cook County, Illinois, County Department, Chancery | |
| 135 | - | Division, and all related pending claims, the school board of | |
| 136 | - | Lyons Township High School District 204 may commence, by | |
| 137 | - | proper resolution, to withdraw from the jurisdiction and | |
| 138 | - | authority of the trustees of schools of Lyons Township and the | |
| 139 | - | township treasurer, provided that the school board shall, upon | |
| 140 | - | the adoption and passage of the resolution, elect or appoint | |
| 141 | - | its own school treasurer as provided in Section 8-1 of this | |
| 142 | - | Code. Upon the adoption and passage of the resolution and the | |
| 68 | + | HB0305 Enrolled- 3 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 3 - LRB103 03832 RJT 48838 b | |
| 69 | + | HB0305 Enrolled - 3 - LRB103 03832 RJT 48838 b | |
| 70 | + | 1 board of such school district. Upon the effective date of this | |
| 71 | + | 2 amendatory Act of 1993, the legal title to, and all right, | |
| 72 | + | 3 title and interest formerly held by the township trustees in | |
| 73 | + | 4 any school buildings and school sites used and occupied by the | |
| 74 | + | 5 school board of such school district for school purposes, that | |
| 75 | + | 6 legal title, right, title and interest thereafter having been | |
| 76 | + | 7 transferred to and vested in the regional board of school | |
| 77 | + | 8 trustees under P.A. 87-473 until the abolition of that | |
| 78 | + | 9 regional board of school trustees by P.A. 87-969, shall be | |
| 79 | + | 10 deemed transferred by operation of law to and shall vest in the | |
| 80 | + | 11 school board of that school district. | |
| 81 | + | 12 Notwithstanding subsections (a) and (c), the school boards | |
| 82 | + | 13 of Oak Park & River Forest District 200, Oak Park Elementary | |
| 83 | + | 14 School District 97, and River Forest School District 90 may, | |
| 84 | + | 15 by proper resolution, withdraw from the jurisdiction and | |
| 85 | + | 16 authority of the trustees of schools of Proviso and Cicero | |
| 86 | + | 17 Townships and the township treasurer, provided that the school | |
| 87 | + | 18 board shall, upon the adoption and passage of the resolution, | |
| 88 | + | 19 elect or appoint its own school treasurer as provided in | |
| 89 | + | 20 Section 8-1 of this Code. Upon the adoption and passage of the | |
| 90 | + | 21 resolution and the election or appointment by the school board | |
| 91 | + | 22 of its own school treasurer: (1) the trustees of schools in the | |
| 92 | + | 23 township or townships shall no longer have or exercise any | |
| 93 | + | 24 powers or duties with respect to the school district or with | |
| 94 | + | 25 respect to the school business, operations, or assets of the | |
| 95 | + | 26 school district; (2) all books and records of the trustees of | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | election or appointment by the school board of its own school | |
| 146 | - | treasurer commencing with the first day of the succeeding | |
| 147 | - | fiscal year, but not prior to July 1, 2019: (1) the trustees of | |
| 148 | - | schools in the township shall no longer have or exercise any | |
| 149 | - | powers or duties with respect to the school district or with | |
| 150 | - | respect to the school business, operations, or assets of the | |
| 151 | - | school district; (2) all books and records of the trustees of | |
| 152 | - | schools and all moneys, securities, loanable funds, and other | |
| 153 | - | assets relating to the school business and affairs of the | |
| 154 | - | school district shall be transferred and delivered to the | |
| 155 | - | school board, allowing for a reasonable period of time not to | |
| 156 | - | exceed 90 days to liquidate any pooled investments; and (3) | |
| 157 | - | all legal title to and all right, title, and interest formerly | |
| 158 | - | held by the trustees of schools in any common school lands, | |
| 159 | - | school buildings, or school sites used and occupied by the | |
| 160 | - | school board and all rights of property and causes of action | |
| 161 | - | pertaining to or constituting a part of the common school | |
| 162 | - | lands, buildings, or sites shall be deemed transferred by | |
| 163 | - | operation of law to and shall vest in the school board. The | |
| 164 | - | changes made to this Section by this amendatory Act of the | |
| 165 | - | 100th General Assembly are prospective only, starting from the | |
| 166 | - | effective date of this amendatory Act of the 100th General | |
| 167 | - | Assembly, and shall not affect any legal action pending on the | |
| 168 | - | effective date of this amendatory Act of the 100th General | |
| 169 | - | Assembly in the Illinois courts in which Lyons Township High | |
| 170 | - | School District 204 is a listed party. | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | Notwithstanding subsections (a) and (c), the school boards | |
| 174 | - | of Glenbrook High School District 225, Northbrook Elementary | |
| 175 | - | School District 27, Northbrook School District 28, Sunset | |
| 176 | - | Ridge School District 29, Northbrook/Glenview School District | |
| 177 | - | 30, West Northfield School District 31, and Glenview Community | |
| 178 | - | Consolidated School District 34 may, by proper resolution, | |
| 179 | - | withdraw from the jurisdiction and authority of the trustees | |
| 180 | - | of schools of Northfield and Maine Townships and the township | |
| 181 | - | treasurer, provided that the school board shall, upon the | |
| 182 | - | adoption and passage of the resolution, elect or appoint its | |
| 183 | - | own school treasurer as provided in Section 8-1 of this Code. | |
| 184 | - | Upon the adoption and passage of the resolution and the | |
| 185 | - | election or appointment by the school board of its own school | |
| 186 | - | treasurer: (1) the trustees of schools in the township or | |
| 187 | - | townships shall no longer have or exercise any powers or | |
| 188 | - | duties with respect to the school district or with respect to | |
| 189 | - | the school business, operations, or assets of the school | |
| 190 | - | district; (2) all books and records of the trustees of schools | |
| 191 | - | and all moneys, securities, loanable funds, and other assets | |
| 192 | - | relating to the school business and affairs of the school | |
| 193 | - | district shall be transferred and delivered to the school | |
| 194 | - | board; and (3) all legal title to and all right, title, and | |
| 195 | - | interest formerly held by the trustees of schools in any | |
| 196 | - | common school lands, school buildings, or school sites used | |
| 197 | - | and occupied by the school board and all rights of property and | |
| 198 | - | causes of action pertaining to or constituting a part of the | |
| 100 | + | ||
| 101 | + | HB0305 Enrolled - 3 - LRB103 03832 RJT 48838 b | |
| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | common school lands, buildings, or sites shall be deemed | |
| 202 | - | transferred by operation of law to and shall vest in the school | |
| 203 | - | board. | |
| 204 | - | (c) Notwithstanding the provisions of subsection (a), the | |
| 205 | - | offices of township treasurer and trustee of schools of any | |
| 206 | - | township located in a Class II county school unit shall be | |
| 207 | - | abolished as provided in this subsection if all of the | |
| 208 | - | following conditions are met: | |
| 209 | - | (1) During the same 30 day period, each school board | |
| 210 | - | of each elementary and unit school district that is | |
| 211 | - | subject to the jurisdiction and authority of the township | |
| 212 | - | treasurer and trustees of schools of the township in which | |
| 213 | - | those offices are sought to be abolished gives written | |
| 214 | - | notice by certified mail, return receipt requested to the | |
| 215 | - | township treasurer and trustees of schools of that | |
| 216 | - | township of the date of a meeting of the school board, to | |
| 217 | - | be held not more than 90 nor less than 60 days after the | |
| 218 | - | date when the notice is given, at which meeting the school | |
| 219 | - | board is to consider and vote upon the question of whether | |
| 220 | - | there shall be submitted to the electors of the school | |
| 221 | - | district a proposition to abolish the offices of township | |
| 222 | - | treasurer and trustee of schools of that township. None of | |
| 223 | - | the notices given under this paragraph to the township | |
| 224 | - | treasurer and trustees of schools of a township shall be | |
| 225 | - | deemed sufficient or in compliance with the requirements | |
| 226 | - | of this paragraph unless all of those notices are given | |
| 104 | + | HB0305 Enrolled- 4 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 4 - LRB103 03832 RJT 48838 b | |
| 105 | + | HB0305 Enrolled - 4 - LRB103 03832 RJT 48838 b | |
| 106 | + | 1 schools and all moneys, securities, loanable funds, and other | |
| 107 | + | 2 assets relating to the school business and affairs of the | |
| 108 | + | 3 school district shall be transferred and delivered to the | |
| 109 | + | 4 school board; and (3) all legal title to and all right, title, | |
| 110 | + | 5 and interest formerly held by the trustees of schools in any | |
| 111 | + | 6 common school lands, school buildings, or school sites used | |
| 112 | + | 7 and occupied by the school board and all rights of property and | |
| 113 | + | 8 causes of action pertaining to or constituting a part of the | |
| 114 | + | 9 common school lands, buildings, or sites shall be deemed | |
| 115 | + | 10 transferred by operation of law to and shall vest in the school | |
| 116 | + | 11 board. | |
| 117 | + | 12 Notwithstanding subsections (a) and (c), the respective | |
| 118 | + | 13 school boards of Berwyn North School District 98, Berwyn South | |
| 119 | + | 14 School District 100, Cicero School District 99, and J.S. | |
| 120 | + | 15 Morton High School District 201 may, by proper resolution, | |
| 121 | + | 16 withdraw from the jurisdiction and authority of the trustees | |
| 122 | + | 17 of schools of Cicero Township and the township treasurer, | |
| 123 | + | 18 provided that the school board shall, upon the adoption and | |
| 124 | + | 19 passage of the resolution, elect or appoint its own school | |
| 125 | + | 20 treasurer as provided in Section 8-1 of this Code. Upon the | |
| 126 | + | 21 adoption and passage of the resolution and the election or | |
| 127 | + | 22 appointment by the school board of its own school treasurer: | |
| 128 | + | 23 (1) the trustees of schools in the township shall no longer | |
| 129 | + | 24 have or exercise any powers or duties with respect to the | |
| 130 | + | 25 school district or with respect to the school business, | |
| 131 | + | 26 operations, or assets of the school district; (2) all books | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | within the same 30 day period. | |
| 230 | - | (2) Each school board of each elementary and unit | |
| 231 | - | school district that is subject to the jurisdiction and | |
| 232 | - | authority of the township treasurer and trustees of | |
| 233 | - | schools of the township in which those offices are sought | |
| 234 | - | to be abolished, by the affirmative vote of at least 5 | |
| 235 | - | members of the school board at a school board meeting of | |
| 236 | - | which notice is given as required by paragraph (1) of this | |
| 237 | - | subsection, adopts a resolution requiring the secretary of | |
| 238 | - | the school board to certify to the proper election | |
| 239 | - | authorities for submission to the electors of the school | |
| 240 | - | district at the next consolidated election in accordance | |
| 241 | - | with the general election law a proposition to abolish the | |
| 242 | - | offices of township treasurer and trustee of schools of | |
| 243 | - | that township. None of the resolutions adopted under this | |
| 244 | - | paragraph by any elementary or unit school districts that | |
| 245 | - | are subject to the jurisdiction and authority of the | |
| 246 | - | township treasurer and trustees of schools of the township | |
| 247 | - | in which those offices are sought to be abolished shall be | |
| 248 | - | deemed in compliance with the requirements of this | |
| 249 | - | paragraph or sufficient to authorize submission of the | |
| 250 | - | proposition to abolish those offices to a referendum of | |
| 251 | - | the electors in any such school district unless all of the | |
| 252 | - | school boards of all of the elementary and unit school | |
| 253 | - | districts that are subject to the jurisdiction and | |
| 254 | - | authority of the township treasurer and trustees of | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | schools of that township adopt such a resolution in | |
| 258 | - | accordance with the provisions of this paragraph. | |
| 259 | - | (3) The school boards of all of the elementary and | |
| 260 | - | unit school districts that are subject to the jurisdiction | |
| 261 | - | and authority of the township treasurer and trustees of | |
| 262 | - | schools of the township in which those offices are sought | |
| 263 | - | to be abolished submit a proposition to abolish the | |
| 264 | - | offices of township treasurer and trustee of schools of | |
| 265 | - | that township to the electors of their respective school | |
| 266 | - | districts at the same consolidated election in accordance | |
| 267 | - | with the general election law, the ballot in each such | |
| 268 | - | district to be in substantially the following form: | |
| 269 | - | ---------------------------------------------- | |
| 270 | - | OFFICIAL BALLOT | |
| 271 | - | Shall the offices of township | |
| 272 | - | treasurer and YES | |
| 273 | - | trustee of ------------- | |
| 274 | - | schools of Township ..... NO | |
| 275 | - | Range ..... be abolished? | |
| 276 | - | --------------------------------------------------------- | |
| 277 | - | (4) At the consolidated election at which the | |
| 278 | - | proposition to abolish the offices of township treasurer | |
| 279 | - | and trustee of schools of a township is submitted to the | |
| 280 | - | electors of each elementary and unit school district that | |
| 281 | - | is subject to the jurisdiction and authority of the | |
| 282 | - | township treasurer and trustee of schools of that | |
| 136 | + | ||
| 137 | + | HB0305 Enrolled - 4 - LRB103 03832 RJT 48838 b | |
| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | township, a majority of the electors voting on the | |
| 286 | - | proposition in each such elementary and unit school | |
| 287 | - | district votes in favor of the proposition as submitted to | |
| 288 | - | them. | |
| 289 | - | If in each elementary and unit school district that is | |
| 290 | - | subject to the jurisdiction and authority of the township | |
| 291 | - | treasurer and trustees of schools of the township in which | |
| 292 | - | those offices are sought to be abolished a majority of the | |
| 293 | - | electors in each such district voting at the consolidated | |
| 294 | - | election on the proposition to abolish the offices of township | |
| 295 | - | treasurer and trustee of schools of that township votes in | |
| 296 | - | favor of the proposition as submitted to them, the proposition | |
| 297 | - | shall be deemed to have passed; but if in any such elementary | |
| 298 | - | or unit school district a majority of the electors voting on | |
| 299 | - | that proposition in that district fails to vote in favor of the | |
| 300 | - | proposition as submitted to them, then notwithstanding the | |
| 301 | - | vote of the electors in any other such elementary or unit | |
| 302 | - | school district on that proposition the proposition shall not | |
| 303 | - | be deemed to have passed in any of those elementary or unit | |
| 304 | - | school districts, and the offices of township treasurer and | |
| 305 | - | trustee of schools of the township in which those offices were | |
| 306 | - | sought to be abolished shall not be abolished, unless in each | |
| 307 | - | of those elementary and unit school districts remaining | |
| 308 | - | subject to the jurisdiction and authority of the township | |
| 309 | - | treasurer and trustees of schools of that township proceedings | |
| 310 | - | are again initiated to abolish those offices and all of the | |
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| 141 | + | HB0305 Enrolled - 5 - LRB103 03832 RJT 48838 b | |
| 142 | + | 1 and records of the trustees of schools and all moneys, | |
| 143 | + | 2 securities, loanable funds, and other assets relating to the | |
| 144 | + | 3 school business and affairs of the school district shall be | |
| 145 | + | 4 transferred and delivered to the school board; and (3) all | |
| 146 | + | 5 legal title to and all right, title, and interest formerly | |
| 147 | + | 6 held by the trustees of schools in any common school lands, | |
| 148 | + | 7 school buildings, or school sites used and occupied by the | |
| 149 | + | 8 school board and all rights of property and causes of action | |
| 150 | + | 9 pertaining to or constituting a part of the common school | |
| 151 | + | 10 lands, buildings, or sites shall be deemed transferred by | |
| 152 | + | 11 operation of law to and shall vest in the school board. | |
| 153 | + | 12 Notwithstanding subsections (a) and (c) of this Section | |
| 154 | + | 13 and upon final judgment, including the exhaustion of all | |
| 155 | + | 14 appeals or a settlement between all parties, regarding claims | |
| 156 | + | 15 set forth in the case of Township Trustees of Schools Township | |
| 157 | + | 16 38 North, Range 12 East v. Lyons Township High School District | |
| 158 | + | 17 No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | |
| 159 | + | 18 Court of Cook County, Illinois, County Department, Chancery | |
| 160 | + | 19 Division, and all related pending claims, the school board of | |
| 161 | + | 20 Lyons Township High School District 204 may commence, by | |
| 162 | + | 21 proper resolution, to withdraw from the jurisdiction and | |
| 163 | + | 22 authority of the trustees of schools of Lyons Township and the | |
| 164 | + | 23 township treasurer, provided that the school board shall, upon | |
| 165 | + | 24 the adoption and passage of the resolution, elect or appoint | |
| 166 | + | 25 its own school treasurer as provided in Section 8-1 of this | |
| 167 | + | 26 Code. Upon the adoption and passage of the resolution and the | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | proceedings and conditions prescribed in paragraphs (1) | |
| 314 | - | through (4) of this subsection are repeated and met in each of | |
| 315 | - | those elementary and unit school districts. | |
| 316 | - | Notwithstanding the foregoing provisions of this Section | |
| 317 | - | or any other provision of the School Code, the offices of | |
| 318 | - | township treasurer and trustee of schools of a township that | |
| 319 | - | has a population of less than 200,000 and that contains a unit | |
| 320 | - | school district and is located in a Class II county school unit | |
| 321 | - | shall also be abolished as provided in this subsection if all | |
| 322 | - | of the conditions set forth in paragraphs (1), (2), and (3) of | |
| 323 | - | this subsection are met and if the following additional | |
| 324 | - | condition is met: | |
| 325 | - | The electors in all of the school districts subject to | |
| 326 | - | the jurisdiction and authority of the township treasurer | |
| 327 | - | and trustees of schools of the township in which those | |
| 328 | - | offices are sought to be abolished shall vote at the | |
| 329 | - | consolidated election on the proposition to abolish the | |
| 330 | - | offices of township treasurer and trustee of schools of | |
| 331 | - | that township. If a majority of the electors in all of the | |
| 332 | - | school districts combined voting on the proposition vote | |
| 333 | - | in favor of the proposition, then the proposition shall be | |
| 334 | - | deemed to have passed; but if a majority of the electors | |
| 335 | - | voting on the proposition in all of the school district | |
| 336 | - | fails to vote in favor of the proposition as submitted to | |
| 337 | - | them, then the proposition shall not be deemed to have | |
| 338 | - | passed and the offices of township treasurer and trustee | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | of schools of the township in which those offices were | |
| 342 | - | sought to be abolished shall not be abolished, unless and | |
| 343 | - | until the proceedings detailed in paragraphs (1) through | |
| 344 | - | (3) of this subsection and the conditions set forth in | |
| 345 | - | this paragraph are met. | |
| 346 | - | If the proposition to abolish the offices of township | |
| 347 | - | treasurer and trustee of schools of a township is deemed to | |
| 348 | - | have passed at the consolidated election as provided in this | |
| 349 | - | subsection, those offices shall be deemed abolished by | |
| 350 | - | operation of law effective on January 1 of the calendar year | |
| 351 | - | immediately following the calendar year in which that | |
| 352 | - | consolidated election is held, provided that if after the | |
| 353 | - | election, the trustees of schools by resolution elect to | |
| 354 | - | abolish the offices of township treasurer and trustee of | |
| 355 | - | schools effective on July 1 immediately following the | |
| 356 | - | election, then the offices shall be abolished on July 1 | |
| 357 | - | immediately following the election. On the date that the | |
| 358 | - | offices of township treasurer and trustee of schools of a | |
| 359 | - | township are deemed abolished by operation of law, the school | |
| 360 | - | board of each elementary and unit school district and the | |
| 361 | - | school board of each high school district that is subject to | |
| 362 | - | the jurisdiction and authority of the township treasurer and | |
| 363 | - | trustees of schools of that township at the time those offices | |
| 364 | - | are abolished: (i) shall appoint its own school treasurer as | |
| 365 | - | provided in Section 8-1; and (ii) unless the term of the | |
| 366 | - | contract of a township treasurer expires on the date that the | |
| 172 | + | ||
| 173 | + | HB0305 Enrolled - 5 - LRB103 03832 RJT 48838 b | |
| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | office of township treasurer is abolished, shall pay to the | |
| 370 | - | former township treasurer its proportionate share of any | |
| 371 | - | aggregate compensation that, were the office of township | |
| 372 | - | treasurer not abolished at that time, would have been payable | |
| 373 | - | to the former township treasurer after that date over the | |
| 374 | - | remainder of the term of the contract of the former township | |
| 375 | - | treasurer that began prior to but ends after that date. In | |
| 376 | - | addition, on the date that the offices of township treasurer | |
| 377 | - | and trustee of schools of a township are deemed abolished as | |
| 378 | - | provided in this subsection, the school board of each | |
| 379 | - | elementary school, high school and unit school district that | |
| 380 | - | until that date is subject to the jurisdiction and authority | |
| 381 | - | of the township treasurer and trustees of schools of that | |
| 382 | - | township shall be deemed by operation of law to have agreed and | |
| 383 | - | assumed to pay and, when determined, shall pay to the Illinois | |
| 384 | - | Municipal Retirement Fund a proportionate share of the | |
| 385 | - | unfunded liability existing in that Fund at the time these | |
| 386 | - | offices are abolished in that calendar year for all annuities | |
| 387 | - | or other benefits then or thereafter to become payable from | |
| 388 | - | that Fund with respect to all periods of service performed | |
| 389 | - | prior to that date as a participating employee in that Fund by | |
| 390 | - | persons serving during those periods of service as a trustee | |
| 391 | - | of schools, township treasurer or regular employee in the | |
| 392 | - | office of the township treasurer of that township. That | |
| 393 | - | unfunded liability shall be actuarially determined by the | |
| 394 | - | board of trustees of the Illinois Municipal Retirement Fund, | |
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| 177 | + | HB0305 Enrolled - 6 - LRB103 03832 RJT 48838 b | |
| 178 | + | 1 election or appointment by the school board of its own school | |
| 179 | + | 2 treasurer commencing with the first day of the succeeding | |
| 180 | + | 3 fiscal year, but not prior to July 1, 2019: (1) the trustees of | |
| 181 | + | 4 schools in the township shall no longer have or exercise any | |
| 182 | + | 5 powers or duties with respect to the school district or with | |
| 183 | + | 6 respect to the school business, operations, or assets of the | |
| 184 | + | 7 school district; (2) all books and records of the trustees of | |
| 185 | + | 8 schools and all moneys, securities, loanable funds, and other | |
| 186 | + | 9 assets relating to the school business and affairs of the | |
| 187 | + | 10 school district shall be transferred and delivered to the | |
| 188 | + | 11 school board, allowing for a reasonable period of time not to | |
| 189 | + | 12 exceed 90 days to liquidate any pooled investments; and (3) | |
| 190 | + | 13 all legal title to and all right, title, and interest formerly | |
| 191 | + | 14 held by the trustees of schools in any common school lands, | |
| 192 | + | 15 school buildings, or school sites used and occupied by the | |
| 193 | + | 16 school board and all rights of property and causes of action | |
| 194 | + | 17 pertaining to or constituting a part of the common school | |
| 195 | + | 18 lands, buildings, or sites shall be deemed transferred by | |
| 196 | + | 19 operation of law to and shall vest in the school board. The | |
| 197 | + | 20 changes made to this Section by this amendatory Act of the | |
| 198 | + | 21 100th General Assembly are prospective only, starting from the | |
| 199 | + | 22 effective date of this amendatory Act of the 100th General | |
| 200 | + | 23 Assembly, and shall not affect any legal action pending on the | |
| 201 | + | 24 effective date of this amendatory Act of the 100th General | |
| 202 | + | 25 Assembly in the Illinois courts in which Lyons Township High | |
| 203 | + | 26 School District 204 is a listed party. | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | and the board of trustees shall thereupon notify each school | |
| 398 | - | board required to pay a proportionate share of that unfunded | |
| 399 | - | liability of the aggregate amount of the unfunded liability so | |
| 400 | - | determined. The amount so paid to the Illinois Municipal | |
| 401 | - | Retirement Fund by each of those school districts shall be | |
| 402 | - | credited to the account of the township in that Fund. For each | |
| 403 | - | elementary school, high school and unit school district under | |
| 404 | - | the jurisdiction and authority of a township treasurer and | |
| 405 | - | trustees of schools of a township in which those offices are | |
| 406 | - | abolished as provided in this subsection, each such district's | |
| 407 | - | proportionate share of the aggregate compensation payable to | |
| 408 | - | the former township treasurer as provided in this paragraph | |
| 409 | - | and each such district's proportionate share of the aggregate | |
| 410 | - | amount of the unfunded liability payable to the Illinois | |
| 411 | - | Municipal Retirement Fund as provided in this paragraph shall | |
| 412 | - | be computed in accordance with the ratio that the number of | |
| 413 | - | pupils in average daily attendance in each such district for | |
| 414 | - | the school year last ending prior to the date on which the | |
| 415 | - | offices of township treasurer and trustee of schools of that | |
| 416 | - | township are abolished bears to the aggregate number of pupils | |
| 417 | - | in average daily attendance in all of those districts as so | |
| 418 | - | reported for that school year. | |
| 419 | - | Upon abolition of the offices of township treasurer and | |
| 420 | - | trustee of schools of a township as provided in this | |
| 421 | - | subsection: (i) the regional board of school trustees, in its | |
| 422 | - | corporate capacity, shall be deemed the successor in interest | |
| 423 | 206 | ||
| 424 | 207 | ||
| 425 | - | to the former trustees of schools of that township with | |
| 426 | - | respect to the common school lands and township loanable funds | |
| 427 | - | of the township; (ii) all right, title and interest existing | |
| 428 | - | or vested in the former trustees of schools of that township in | |
| 429 | - | the common school lands and township loanable funds of the | |
| 430 | - | township, and all records, moneys, securities and other | |
| 431 | - | assets, rights of property and causes of action pertaining to | |
| 432 | - | or constituting a part of those common school lands or | |
| 433 | - | township loanable funds, shall be transferred to and deemed | |
| 434 | - | vested by operation of law in the regional board of school | |
| 435 | - | trustees, which shall hold legal title to, manage and operate | |
| 436 | - | all common school lands and township loanable funds of the | |
| 437 | - | township, receive the rents, issues and profits therefrom, and | |
| 438 | - | have and exercise with respect thereto the same powers and | |
| 439 | - | duties as are provided by this Code to be exercised by regional | |
| 440 | - | boards of school trustees when acting as township land | |
| 441 | - | commissioners in counties having at least 220,000 but fewer | |
| 442 | - | than 2,000,000 inhabitants; (iii) the regional board of school | |
| 443 | - | trustees shall select to serve as its treasurer with respect | |
| 444 | - | to the common school lands and township loanable funds of the | |
| 445 | - | township a person from time to time also serving as the | |
| 446 | - | appointed school treasurer of any school district that was | |
| 447 | - | subject to the jurisdiction and authority of the township | |
| 448 | - | treasurer and trustees of schools of that township at the time | |
| 449 | - | those offices were abolished, and the person selected to also | |
| 450 | - | serve as treasurer of the regional board of school trustees | |
| 208 | + | ||
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| 451 | 210 | ||
| 452 | 211 | ||
| 453 | - | shall have his compensation for services in that capacity | |
| 454 | - | fixed by the regional board of school trustees, to be paid from | |
| 455 | - | the township loanable funds, and shall make to the regional | |
| 456 | - | board of school trustees the reports required to be made by | |
| 457 | - | treasurers of township land commissioners, give bond as | |
| 458 | - | required by treasurers of township land commissioners, and | |
| 459 | - | perform the duties and exercise the powers of treasurers of | |
| 460 | - | township land commissioners; (iv) the regional board of school | |
| 461 | - | trustees shall designate in the manner provided by Section | |
| 462 | - | 8-7, insofar as applicable, a depositary for its treasurer, | |
| 463 | - | and the proceeds of all rents, issues and profits from the | |
| 464 | - | common school lands and township loanable funds of that | |
| 465 | - | township shall be deposited and held in the account maintained | |
| 466 | - | for those purposes with that depositary and shall be expended | |
| 467 | - | and distributed therefrom as provided in Section 15-24 and | |
| 468 | - | other applicable provisions of this Code; and (v) whenever | |
| 469 | - | there is vested in the trustees of schools of a township at the | |
| 470 | - | time that office is abolished under this subsection the legal | |
| 471 | - | title to any school buildings or school sites used or occupied | |
| 472 | - | for school purposes by any elementary school, high school or | |
| 473 | - | unit school district subject to the jurisdiction and authority | |
| 474 | - | of those trustees of school at the time that office is | |
| 475 | - | abolished, the legal title to those school buildings and | |
| 476 | - | school sites shall be deemed transferred by operation of law | |
| 477 | - | to and invested in the school board of that school district, in | |
| 478 | - | its corporate capacity under Section 10-22.35B of this Code, | |
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| 213 | + | HB0305 Enrolled - 7 - LRB103 03832 RJT 48838 b | |
| 214 | + | 1 Notwithstanding subsections (a) and (c), the school boards | |
| 215 | + | 2 of Glenbrook High School District 225, Northbrook Elementary | |
| 216 | + | 3 School District 27, Northbrook School District 28, Sunset | |
| 217 | + | 4 Ridge School District 29, Northbrook/Glenview School District | |
| 218 | + | 5 30, West Northfield School District 31, and Glenview Community | |
| 219 | + | 6 Consolidated School District 34 may, by proper resolution, | |
| 220 | + | 7 withdraw from the jurisdiction and authority of the trustees | |
| 221 | + | 8 of schools of Northfield and Maine Townships and the township | |
| 222 | + | 9 treasurer, provided that the school board shall, upon the | |
| 223 | + | 10 adoption and passage of the resolution, elect or appoint its | |
| 224 | + | 11 own school treasurer as provided in Section 8-1 of this Code. | |
| 225 | + | 12 Upon the adoption and passage of the resolution and the | |
| 226 | + | 13 election or appointment by the school board of its own school | |
| 227 | + | 14 treasurer: (1) the trustees of schools in the township or | |
| 228 | + | 15 townships shall no longer have or exercise any powers or | |
| 229 | + | 16 duties with respect to the school district or with respect to | |
| 230 | + | 17 the school business, operations, or assets of the school | |
| 231 | + | 18 district; (2) all books and records of the trustees of schools | |
| 232 | + | 19 and all moneys, securities, loanable funds, and other assets | |
| 233 | + | 20 relating to the school business and affairs of the school | |
| 234 | + | 21 district shall be transferred and delivered to the school | |
| 235 | + | 22 board; and (3) all legal title to and all right, title, and | |
| 236 | + | 23 interest formerly held by the trustees of schools in any | |
| 237 | + | 24 common school lands, school buildings, or school sites used | |
| 238 | + | 25 and occupied by the school board and all rights of property and | |
| 239 | + | 26 causes of action pertaining to or constituting a part of the | |
| 479 | 240 | ||
| 480 | 241 | ||
| 481 | - | the same to be held, sold, exchanged leased or otherwise | |
| 482 | - | transferred in accordance with applicable provisions of this | |
| 483 | - | Code. | |
| 484 | - | Notwithstanding Section 2-3.25g of this Code, a waiver of | |
| 485 | - | a mandate established under this Section may not be requested. | |
| 486 | - | (d) Notwithstanding any other provision of law, any school | |
| 487 | - | district that forms a part of a Class II county school unit | |
| 488 | - | may, by a resolution adopted by at least two-thirds of the | |
| 489 | - | members of the school board of a school district, withdraw a | |
| 490 | - | school district from the jurisdiction and authority of the | |
| 491 | - | trustees of schools of the township in which such school | |
| 492 | - | district is located and from the jurisdiction and authority of | |
| 493 | - | the township treasurer of the township in which such school | |
| 494 | - | district is located, provided that the school board of the | |
| 495 | - | school district shall, upon the adoption and passage of such | |
| 496 | - | resolution, thereupon elect or appoint its own school | |
| 497 | - | treasurer as provided in Section 8-1 of this Code. The | |
| 498 | - | appointed school treasurer may include a township treasurer. | |
| 499 | - | The school board may enter into a contractual or | |
| 500 | - | intergovernmental agreement with an appointed school treasurer | |
| 501 | - | for school treasurer services. | |
| 502 | - | Upon adoption and passage of the resolution and the | |
| 503 | - | election or appointment by the school board of its own school | |
| 504 | - | treasurer commencing with the first day of the succeeding | |
| 505 | - | fiscal year, but not prior to July 1, 2025: (1) the trustees of | |
| 506 | - | schools in the township or townships shall no longer have or | |
| 507 | 242 | ||
| 508 | 243 | ||
| 509 | - | exercise any powers or duties with respect to the school | |
| 510 | - | district or with respect to the school business, operations, | |
| 511 | - | or assets of the school district; (2) all books and records of | |
| 512 | - | the trustees of schools and all moneys, securities, loanable | |
| 513 | - | funds, and other assets relating to the school business and | |
| 514 | - | affairs of the school district shall be transferred and | |
| 515 | - | delivered to the school board; and (3) all legal title to and | |
| 516 | - | all right, title, and interest formerly held by the trustees | |
| 517 | - | of schools in any common school lands, school buildings, or | |
| 518 | - | school sites used and occupied by the school board and all | |
| 519 | - | rights of property and causes of action pertaining to or | |
| 520 | - | constituting a part of the common school lands, buildings, or | |
| 521 | - | sites shall be deemed transferred by operation of law to and | |
| 522 | - | shall vest in the school board. | |
| 523 | - | (Source: P.A. 103-144, eff. 6-30-23.) | |
| 524 | - | (105 ILCS 5/5-2) (from Ch. 122, par. 5-2) | |
| 525 | - | Sec. 5-2. Governing board. | |
| 526 | - | (a) Except as otherwise provided in subsection (b), the | |
| 527 | - | school business of all school townships having school trustees | |
| 528 | - | shall be transacted by three trustees, to be elected by the | |
| 529 | - | qualified voters of the township, as provided in this Article | |
| 530 | - | 5. | |
| 531 | - | (b) This subsection (b) applies only to the trustees of | |
| 532 | - | schools of Township 38 North, Range 12 East. The school | |
| 533 | - | business of the township shall be transacted by 4 trustees | |
| 244 | + | ||
| 245 | + | HB0305 Enrolled - 7 - LRB103 03832 RJT 48838 b | |
| 534 | 246 | ||
| 535 | 247 | ||
| 536 | - | elected by the qualified voters of the township, as provided | |
| 537 | - | in this Article 5, and 3 trustees appointed by the school | |
| 538 | - | districts within the township, as provided in this subsection | |
| 539 | - | (b). An elected trustee and an appointed trustee may represent | |
| 540 | - | the same school district. Any trustee, whether elected or | |
| 541 | - | appointed, may serve as an officer of the trustees of schools. | |
| 542 | - | The 3 trustees to be appointed shall each be appointed for | |
| 543 | - | a term of one year as follows: | |
| 544 | - | (1) The school boards of Argo Community High School | |
| 545 | - | District 217, Summit School District 104, Willow Springs | |
| 546 | - | School District 108, and Indian Springs School District | |
| 547 | - | 109 shall collectively appoint one school board member as | |
| 548 | - | a trustee through a nomination process and by a majority | |
| 549 | - | vote or by consensus among the school boards. A trustee | |
| 550 | - | appointed under this paragraph (1) may be reappointed for | |
| 551 | - | a second term as provided under this paragraph (1). After | |
| 552 | - | the appointed term or reappointed term of the trustee | |
| 553 | - | expires, the school boards shall appoint a successor | |
| 554 | - | trustee pursuant to this paragraph (1). | |
| 555 | - | (2) The school boards of Western Springs School | |
| 556 | - | District 101, La Grange School District 102, Lyons School | |
| 557 | - | District 103, La Grange School District 105 South, | |
| 558 | - | LaGrange Highlands School District 106, and Pleasantdale | |
| 559 | - | School District 107 shall collectively appoint one school | |
| 560 | - | board member as a trustee through a nomination process and | |
| 561 | - | by a majority vote or by consensus among the school | |
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| 249 | + | HB0305 Enrolled - 8 - LRB103 03832 RJT 48838 b | |
| 250 | + | 1 common school lands, buildings, or sites shall be deemed | |
| 251 | + | 2 transferred by operation of law to and shall vest in the school | |
| 252 | + | 3 board. | |
| 253 | + | 4 (c) Notwithstanding the provisions of subsection (a), the | |
| 254 | + | 5 offices of township treasurer and trustee of schools of any | |
| 255 | + | 6 township located in a Class II county school unit shall be | |
| 256 | + | 7 abolished as provided in this subsection if all of the | |
| 257 | + | 8 following conditions are met: | |
| 258 | + | 9 (1) During the same 30 day period, each school board | |
| 259 | + | 10 of each elementary and unit school district that is | |
| 260 | + | 11 subject to the jurisdiction and authority of the township | |
| 261 | + | 12 treasurer and trustees of schools of the township in which | |
| 262 | + | 13 those offices are sought to be abolished gives written | |
| 263 | + | 14 notice by certified mail, return receipt requested to the | |
| 264 | + | 15 township treasurer and trustees of schools of that | |
| 265 | + | 16 township of the date of a meeting of the school board, to | |
| 266 | + | 17 be held not more than 90 nor less than 60 days after the | |
| 267 | + | 18 date when the notice is given, at which meeting the school | |
| 268 | + | 19 board is to consider and vote upon the question of whether | |
| 269 | + | 20 there shall be submitted to the electors of the school | |
| 270 | + | 21 district a proposition to abolish the offices of township | |
| 271 | + | 22 treasurer and trustee of schools of that township. None of | |
| 272 | + | 23 the notices given under this paragraph to the township | |
| 273 | + | 24 treasurer and trustees of schools of a township shall be | |
| 274 | + | 25 deemed sufficient or in compliance with the requirements | |
| 275 | + | 26 of this paragraph unless all of those notices are given | |
| 562 | 276 | ||
| 563 | 277 | ||
| 564 | - | boards. A trustee appointed under this paragraph (2) may | |
| 565 | - | be reappointed for a second term as provided under this | |
| 566 | - | paragraph (2). After the appointed term or reappointed | |
| 567 | - | term of the trustee expires, the school boards shall | |
| 568 | - | appoint a successor trustee pursuant to this paragraph | |
| 569 | - | (2). | |
| 570 | - | (3) Each year, among the school board presidents of | |
| 571 | - | the school districts within the township, one school board | |
| 572 | - | president shall be selected through a nomination process | |
| 573 | - | and by a majority vote to appoint a trustee. If no | |
| 574 | - | president of a school board is nominated, another officer | |
| 575 | - | of one of the school boards may be nominated. For the | |
| 576 | - | even-numbered year term, a trustee appointed under this | |
| 577 | - | paragraph (3) must be from a feeder elementary school | |
| 578 | - | district for Argo Community High School District 217, and, | |
| 579 | - | for the odd-numbered year term, a trustee appointed under | |
| 580 | - | this paragraph (3) must be from a feeder elementary school | |
| 581 | - | district for Lyons Township High School District 204. | |
| 582 | - | (c) The trustees shall be a body politic and corporate, by | |
| 583 | - | the name of "trustees of schools of township No. ...., range | |
| 584 | - | No. ....," according to the number, or in case of school | |
| 585 | - | townships created from two or more congressional townships, | |
| 586 | - | such name shall be "trustees of .... township .... county, | |
| 587 | - | Illinois." Such corporation shall have perpetual existence, | |
| 588 | - | with power to sue and be sued, and to plead and be impleaded, | |
| 589 | - | in all courts and places where judicial proceedings are had. | |
| 590 | 278 | ||
| 591 | 279 | ||
| 592 | - | (Source: P.A. 102-924, eff. 5-27-22.) | |
| 593 | - | (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1) | |
| 594 | - | Sec. 5-2.1. Eligible Voters: For the purposes of this | |
| 595 | - | Article persons who are qualified to vote in school elections | |
| 596 | - | shall be eligible to vote for the trustees of schools who have | |
| 597 | - | jurisdiction over the elementary school district or unit | |
| 598 | - | school district in which the person resides. | |
| 599 | - | If the application of this Section results in an elector | |
| 600 | - | voting for trustees of a school township in which he does not | |
| 601 | - | reside because the elementary or unit school district crosses | |
| 602 | - | township boundaries and has been assigned to the jurisdiction | |
| 603 | - | of the trustees of an adjoining township, that elector shall | |
| 604 | - | also be eligible to vote for the trustees of the township | |
| 605 | - | within which he resides. Moreover, an elector who resides in a | |
| 606 | - | high school district that crosses township boundaries and has | |
| 607 | - | been assigned to the jurisdiction of the trustees of an | |
| 608 | - | adjoining township shall be eligible to vote for both the | |
| 609 | - | trustees of the township in which he or she resides and the | |
| 610 | - | trustees of the township having jurisdiction over the high | |
| 611 | - | school district in which he or she resides. | |
| 612 | - | This Section is repealed on the effective date of this | |
| 613 | - | amendatory Act of the 103rd General Assembly. | |
| 614 | - | (Source: P.A. 94-432, eff. 8-2-05.) | |
| 615 | - | (105 ILCS 5/5-2.2) | |
| 280 | + | ||
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| 616 | 282 | ||
| 617 | 283 | ||
| 618 | - | Sec. 5-2.2. Designation of trustees; Township 36 North, | |
| 619 | - | Range 13 East. After the April 5, 2011 consolidated election, | |
| 620 | - | the trustees of schools in Township 36 North, Range 13 East | |
| 621 | - | shall no longer be elected pursuant to the provisions of | |
| 622 | - | Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any | |
| 623 | - | such trustees elected before such date may complete the term | |
| 624 | - | to which that trustee was elected, but shall not be succeeded | |
| 625 | - | by election. Instead, the board of education or board of | |
| 626 | - | school directors of each of the elementary and high school | |
| 627 | - | districts that are subject to the jurisdiction of Township 36 | |
| 628 | - | North, Range 13 East shall appoint one of the members to serve | |
| 629 | - | as trustee of schools. The trustees of schools shall be | |
| 630 | - | appointed by each board of education or board of school | |
| 631 | - | directors within 60 days after the effective date of this | |
| 632 | - | amendatory Act of the 97th General Assembly and shall | |
| 633 | - | reorganize within 30 days after all the trustees of schools | |
| 634 | - | have been appointed or within 30 days after all the trustees of | |
| 635 | - | schools were due to have been appointed, whichever is sooner. | |
| 636 | - | Trustees of schools so appointed shall serve at the pleasure | |
| 637 | - | of the board of education or board of school directors | |
| 638 | - | appointing them, but in no event longer than 2 years unless | |
| 639 | - | reappointed. | |
| 640 | - | After the April 4, 2023 consolidated election, no trustees | |
| 641 | - | of schools shall be elected. Any trustees elected or appointed | |
| 642 | - | on or before April 4, 2023 may complete the term to which that | |
| 643 | - | trustee was trustees elected or appointed, but may not be | |
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| 285 | + | HB0305 Enrolled - 9 - LRB103 03832 RJT 48838 b | |
| 286 | + | 1 within the same 30 day period. | |
| 287 | + | 2 (2) Each school board of each elementary and unit | |
| 288 | + | 3 school district that is subject to the jurisdiction and | |
| 289 | + | 4 authority of the township treasurer and trustees of | |
| 290 | + | 5 schools of the township in which those offices are sought | |
| 291 | + | 6 to be abolished, by the affirmative vote of at least 5 | |
| 292 | + | 7 members of the school board at a school board meeting of | |
| 293 | + | 8 which notice is given as required by paragraph (1) of this | |
| 294 | + | 9 subsection, adopts a resolution requiring the secretary of | |
| 295 | + | 10 the school board to certify to the proper election | |
| 296 | + | 11 authorities for submission to the electors of the school | |
| 297 | + | 12 district at the next consolidated election in accordance | |
| 298 | + | 13 with the general election law a proposition to abolish the | |
| 299 | + | 14 offices of township treasurer and trustee of schools of | |
| 300 | + | 15 that township. None of the resolutions adopted under this | |
| 301 | + | 16 paragraph by any elementary or unit school districts that | |
| 302 | + | 17 are subject to the jurisdiction and authority of the | |
| 303 | + | 18 township treasurer and trustees of schools of the township | |
| 304 | + | 19 in which those offices are sought to be abolished shall be | |
| 305 | + | 20 deemed in compliance with the requirements of this | |
| 306 | + | 21 paragraph or sufficient to authorize submission of the | |
| 307 | + | 22 proposition to abolish those offices to a referendum of | |
| 308 | + | 23 the electors in any such school district unless all of the | |
| 309 | + | 24 school boards of all of the elementary and unit school | |
| 310 | + | 25 districts that are subject to the jurisdiction and | |
| 311 | + | 26 authority of the township treasurer and trustees of | |
| 644 | 312 | ||
| 645 | 313 | ||
| 646 | - | succeeded by election. Each school board of each school | |
| 647 | - | district that is a part of a Class II county school unit shall | |
| 648 | - | appoint one member of the school board or one school employee | |
| 649 | - | to serve as trustee of schools of the township in which such | |
| 650 | - | school district is located. The trustees of schools shall be | |
| 651 | - | appointed by each school board within 60 days after the | |
| 652 | - | effective date of this amendatory Act of the 103rd General | |
| 653 | - | Assembly and shall reorganize within 30 days after all the | |
| 654 | - | trustees of schools have been appointed or within 90 days | |
| 655 | - | after the effective date of this amendatory Act of the 103rd | |
| 656 | - | General Assembly, whichever is sooner. A trustee of schools | |
| 657 | - | shall serve at the pleasure of the school board that appointed | |
| 658 | - | the trustee of schools but may not serve as a trustee of | |
| 659 | - | schools for longer than 2 years unless reappointed by the | |
| 660 | - | school board. | |
| 661 | - | A majority of members of the trustees of schools shall | |
| 662 | - | constitute a quorum for the transaction of business. The | |
| 663 | - | trustees shall organize by appointing one of their number | |
| 664 | - | president, who shall hold the office for 2 years. If the | |
| 665 | - | president is absent from any meeting, or refuses to perform | |
| 666 | - | any of the duties of the office, a president pro-tempore may be | |
| 667 | - | appointed. Trustees who serve on the board as a result of | |
| 668 | - | appointment or election at the time of the reorganization | |
| 669 | - | shall continue to serve as a member of the trustees of schools, | |
| 670 | - | with no greater or lesser authority than any other trustee, | |
| 671 | - | until such time as their elected term expires. | |
| 672 | 314 | ||
| 673 | 315 | ||
| 674 | - | Each trustee of schools appointed by a board of education | |
| 675 | - | or board of school directors shall be entitled to | |
| 676 | - | indemnification and protection against claims and suits by the | |
| 677 | - | board that appointed that trustee of schools for acts or | |
| 678 | - | omissions as a trustee of schools in the same manner and to the | |
| 679 | - | same extent as the trustee of schools is entitled to | |
| 680 | - | indemnification and protection for acts or omissions as a | |
| 681 | - | member of the board of education or board of school directors | |
| 682 | - | under Section 10-20.20 of this Code. | |
| 683 | - | (Source: P.A. 99-642, eff. 7-28-16.) | |
| 684 | - | (105 ILCS 5/5-3) (from Ch. 122, par. 5-3) | |
| 685 | - | Sec. 5-3. Eligibility of trustees. No person shall be | |
| 686 | - | eligible to the office of trustee of schools who is not a | |
| 687 | - | resident of the township and at least 18 years of age. If there | |
| 688 | - | are 3 or more school districts in a township which are subject | |
| 689 | - | to the jurisdiction of the trustees of schools of that | |
| 690 | - | township, no 2 trustees shall reside, when elected, in the | |
| 691 | - | same school district; except that in townships in which at | |
| 692 | - | least 90% of the electors reside in one school district which | |
| 693 | - | is subject to the jurisdiction of the trustees of schools of | |
| 694 | - | that township, this restriction shall not apply. No person | |
| 695 | - | shall be eligible to the office of trustee of schools and | |
| 696 | - | school director or school board member at the same time. | |
| 697 | - | This Section does not apply to trustees appointed under | |
| 698 | - | subsection (b) of Section 5-2. | |
| 316 | + | ||
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| 699 | 318 | ||
| 700 | 319 | ||
| 701 | - | This Section is repealed on the effective date of this | |
| 702 | - | amendatory Act of the 103rd General Assembly. | |
| 703 | - | (Source: P.A. 102-924, eff. 5-27-22.) | |
| 704 | - | (105 ILCS 5/5-4) (from Ch. 122, par. 5-4) | |
| 705 | - | Sec. 5-4. Election of trustees. The election of trustees | |
| 706 | - | of schools shall be held in odd-numbered years at the election | |
| 707 | - | specified in the general election law. In townships in which | |
| 708 | - | no election for school trustees has been held, or in townships | |
| 709 | - | in which from any cause there are no trustees of schools and | |
| 710 | - | the law requires that there be school trustees, the election | |
| 711 | - | of trustees of schools shall be held at the same time. | |
| 712 | - | No person shall be nominated for the office of trustee of | |
| 713 | - | schools, in townships containing 20,000 inhabitants or over, | |
| 714 | - | except by petition signed by at least 5% or 500 of the voters | |
| 715 | - | of the school township in which the person is seeking | |
| 716 | - | nomination and election who last cast votes in the most recent | |
| 717 | - | election, whichever is less, filed with the township | |
| 718 | - | treasurer, or, in case of a first election, with the county | |
| 719 | - | clerk. | |
| 720 | - | A candidate for election as a school trustee, who has | |
| 721 | - | petitioned for nomination to fill a full term and to fill a | |
| 722 | - | vacant term to be voted upon at the same election, must | |
| 723 | - | withdraw his or her petition for nomination from either the | |
| 724 | - | full term or the vacant term by written declaration, which | |
| 725 | - | shall be signed and acknowledged by an officer authorized to | |
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| 321 | + | HB0305 Enrolled - 10 - LRB103 03832 RJT 48838 b | |
| 322 | + | 1 schools of that township adopt such a resolution in | |
| 323 | + | 2 accordance with the provisions of this paragraph. | |
| 324 | + | 3 (3) The school boards of all of the elementary and | |
| 325 | + | 4 unit school districts that are subject to the jurisdiction | |
| 326 | + | 5 and authority of the township treasurer and trustees of | |
| 327 | + | 6 schools of the township in which those offices are sought | |
| 328 | + | 7 to be abolished submit a proposition to abolish the | |
| 329 | + | 8 offices of township treasurer and trustee of schools of | |
| 330 | + | 9 that township to the electors of their respective school | |
| 331 | + | 10 districts at the same consolidated election in accordance | |
| 332 | + | 11 with the general election law, the ballot in each such | |
| 333 | + | 12 district to be in substantially the following form: | |
| 334 | + | 13 ---------------------------------------------- | |
| 335 | + | 14 OFFICIAL BALLOT | |
| 336 | + | 15 Shall the offices of township | |
| 337 | + | 16 treasurer and YES | |
| 338 | + | 17 trustee of ------------- | |
| 339 | + | 18 schools of Township ..... NO | |
| 340 | + | 19 Range ..... be abolished? | |
| 341 | + | 20 --------------------------------------------------------- | |
| 342 | + | 21 (4) At the consolidated election at which the | |
| 343 | + | 22 proposition to abolish the offices of township treasurer | |
| 344 | + | 23 and trustee of schools of a township is submitted to the | |
| 345 | + | 24 electors of each elementary and unit school district that | |
| 346 | + | 25 is subject to the jurisdiction and authority of the | |
| 347 | + | 26 township treasurer and trustee of schools of that | |
| 726 | 348 | ||
| 727 | 349 | ||
| 728 | - | take such acknowledgments and which is filed with the township | |
| 729 | - | treasurer in the township in which he or she is a candidate | |
| 730 | - | within the time provided by the general election law. | |
| 731 | - | This Section is repealed on the effective date of this | |
| 732 | - | amendatory Act of the 103rd General Assembly. | |
| 733 | - | (Source: P.A. 102-924, eff. 5-27-22.) | |
| 734 | - | (105 ILCS 5/5-12) (from Ch. 122, par. 5-12) | |
| 735 | - | Sec. 5-12. Trustees' names and townships to regional | |
| 736 | - | superintendent. The returns of an election for trustees of | |
| 737 | - | schools shall be made to the county clerk. He shall furnish to | |
| 738 | - | the regional superintendent of schools, within 7 days after | |
| 739 | - | the returns have been made, the names of the trustees so | |
| 740 | - | returned to him, and shall specify the townships in which they | |
| 741 | - | have been elected. | |
| 742 | - | This Section is repealed on the effective date of this | |
| 743 | - | amendatory Act of the 103rd General Assembly. | |
| 744 | - | (Source: P.A. 81-1490.) | |
| 745 | - | (105 ILCS 5/5-13) (from Ch. 122, par. 5-13) | |
| 746 | - | Sec. 5-13. Term of office of trustees. In townships | |
| 747 | - | already organized, the school trustee shall be elected in each | |
| 748 | - | odd numbered year for a term of 6 years to succeed the trustee | |
| 749 | - | whose term expires in such odd numbered year. | |
| 750 | - | The first-elected trustees in a newly organized township | |
| 751 | - | shall at their first meeting cast lots for their respective | |
| 752 | 350 | ||
| 753 | 351 | ||
| 754 | - | terms of office, for 2, 4 and 6 years; and thereafter 1 trustee | |
| 755 | - | shall be elected in each odd-numbered year. | |
| 756 | - | This Section is inoperative on the effective date of this | |
| 757 | - | amendatory Act of the 103rd General Assembly. | |
| 758 | - | (Source: P.A. 81-1490.) | |
| 759 | - | (105 ILCS 5/5-16) (from Ch. 122, par. 5-16) | |
| 760 | - | Sec. 5-16. Meetings - Quorum. The trustees of school shall | |
| 761 | - | hold regular meetings on the first Monday of each calendar | |
| 762 | - | quarter or if such Monday falls on a holiday, then on the | |
| 763 | - | following Monday. Special meetings may be called at any time | |
| 764 | - | by the president or by a majority of the two members. A | |
| 765 | - | majority of the Two members shall constitute a quorum for the | |
| 766 | - | transaction of business. | |
| 767 | - | (Source: P.A. 81-338.) | |
| 768 | - | (105 ILCS 5/8-1) (from Ch. 122, par. 8-1) | |
| 769 | - | Sec. 8-1. Treasurers. | |
| 770 | - | (a) Except as otherwise provided in subsections (b) and | |
| 771 | - | (c), in Class II county school units the trustees of schools | |
| 772 | - | shall appoint a treasurer who shall be ex-officio clerk of the | |
| 773 | - | board. The term of the township treasurer shall be for a 2 year | |
| 774 | - | period beginning and ending on the first of July. The | |
| 775 | - | treasurer shall be a resident of the township, but not be a | |
| 776 | - | trustee, or school board member. He shall attend all meetings | |
| 777 | - | and keep a record of the official proceedings of the trustees | |
| 352 | + | ||
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| 778 | 354 | ||
| 779 | 355 | ||
| 780 | - | of schools. Such record shall be open to public inspection. | |
| 781 | - | All proceedings, when recorded, shall be signed by the | |
| 782 | - | president and the clerk. If the clerk is absent, or refuses to | |
| 783 | - | perform any of his duties, a clerk pro tempore may be | |
| 784 | - | appointed. For sufficient cause the treasurer may be removed | |
| 785 | - | from office by the trustees of schools. In case of a vacancy | |
| 786 | - | the trustees of schools shall elect a treasurer for the | |
| 787 | - | unexpired term. | |
| 788 | - | (b) In Class I county school units, and in each school | |
| 789 | - | district which forms a part of a Class II county school unit | |
| 790 | - | but which has withdrawn from the jurisdiction and authority of | |
| 791 | - | the trustees of schools of the township in which such school | |
| 792 | - | district is located and from the jurisdiction and authority of | |
| 793 | - | the township treasurer in such Class II county school unit as | |
| 794 | - | provided in subsection (b) of Section 5-1, each school board | |
| 795 | - | shall either elect one of its members to serve as treasurer | |
| 796 | - | without salary for a period of one year or appoint someone, not | |
| 797 | - | a member of the school board, as its treasurer, and, except as | |
| 798 | - | provided in this Section the board shall fix his compensation. | |
| 799 | - | An appointed treasurer shall serve at the pleasure of the | |
| 800 | - | board. An appointed treasurer shall be at least 21 years of | |
| 801 | - | age, of approved integrity, but not a member of the county | |
| 802 | - | board of school trustees. The records of the treasurer shall | |
| 803 | - | be open to public inspection. Two or more such districts may | |
| 804 | - | appoint the same treasurer. In case of a vacancy caused by the | |
| 805 | - | death, resignation or the removal from office of the school | |
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| 357 | + | HB0305 Enrolled - 11 - LRB103 03832 RJT 48838 b | |
| 358 | + | 1 township, a majority of the electors voting on the | |
| 359 | + | 2 proposition in each such elementary and unit school | |
| 360 | + | 3 district votes in favor of the proposition as submitted to | |
| 361 | + | 4 them. | |
| 362 | + | 5 If in each elementary and unit school district that is | |
| 363 | + | 6 subject to the jurisdiction and authority of the township | |
| 364 | + | 7 treasurer and trustees of schools of the township in which | |
| 365 | + | 8 those offices are sought to be abolished a majority of the | |
| 366 | + | 9 electors in each such district voting at the consolidated | |
| 367 | + | 10 election on the proposition to abolish the offices of township | |
| 368 | + | 11 treasurer and trustee of schools of that township votes in | |
| 369 | + | 12 favor of the proposition as submitted to them, the proposition | |
| 370 | + | 13 shall be deemed to have passed; but if in any such elementary | |
| 371 | + | 14 or unit school district a majority of the electors voting on | |
| 372 | + | 15 that proposition in that district fails to vote in favor of the | |
| 373 | + | 16 proposition as submitted to them, then notwithstanding the | |
| 374 | + | 17 vote of the electors in any other such elementary or unit | |
| 375 | + | 18 school district on that proposition the proposition shall not | |
| 376 | + | 19 be deemed to have passed in any of those elementary or unit | |
| 377 | + | 20 school districts, and the offices of township treasurer and | |
| 378 | + | 21 trustee of schools of the township in which those offices were | |
| 379 | + | 22 sought to be abolished shall not be abolished, unless in each | |
| 380 | + | 23 of those elementary and unit school districts remaining | |
| 381 | + | 24 subject to the jurisdiction and authority of the township | |
| 382 | + | 25 treasurer and trustees of schools of that township proceedings | |
| 383 | + | 26 are again initiated to abolish those offices and all of the | |
| 806 | 384 | ||
| 807 | 385 | ||
| 808 | - | treasurer the school board shall appoint a treasurer. The | |
| 809 | - | school board may determine the temporary incapacity of its | |
| 810 | - | treasurer occasioned by illness, absence from the district or | |
| 811 | - | any other cause which prevents the prompt performance of his | |
| 812 | - | duties and appoint an acting treasurer to serve until the | |
| 813 | - | board determines such temporary incapacity no longer exists. | |
| 814 | - | (c) The school board of each elementary school, high | |
| 815 | - | school and unit school district that forms a part of a Class II | |
| 816 | - | county school unit and that was under the jurisdiction and | |
| 817 | - | authority of the township treasurer and trustees of schools of | |
| 818 | - | a township at the time those offices were abolished in that | |
| 819 | - | township as provided in subsection (c) of Section 5-1 shall | |
| 820 | - | appoint a person to serve as treasurer of the school board. The | |
| 821 | - | term of each school treasurer appointed under this subsection | |
| 822 | - | shall be for a 2 year period beginning and ending on the first | |
| 823 | - | day of July. A person appointed under this subsection to serve | |
| 824 | - | as treasurer of a school board shall not be the superintendent | |
| 825 | - | of schools of the school district. A person appointed and | |
| 826 | - | serving under this subsection as treasurer of a school board | |
| 827 | - | may concurrently serve as the treasurer of the regional board | |
| 828 | - | of school trustees, if selected to serve in that capacity by | |
| 829 | - | the regional board of school trustees, as provided in | |
| 830 | - | subsection (c) of Section 5-1. The school board shall fix the | |
| 831 | - | compensation of its school treasurer, and for sufficient cause | |
| 832 | - | may remove the school treasurer from office. However, if a | |
| 833 | - | member of the school board is also school treasurer, he or she | |
| 834 | 386 | ||
| 835 | 387 | ||
| 836 | - | shall perform his or her duties as school treasurer without | |
| 837 | - | compensation. In the case of a vacancy, the school board shall | |
| 838 | - | appoint a school treasurer for the unexpired term. The school | |
| 839 | - | board may determine the temporary incapacity of its treasurer | |
| 840 | - | due to illness, absence from the district, or other cause that | |
| 841 | - | prevents the prompt performance of his duties and may appoint | |
| 842 | - | an acting treasurer to serve until the school board determines | |
| 843 | - | that the temporary incapacity of its treasurer no longer | |
| 844 | - | exists. | |
| 845 | - | (d) After October 1, 1977, each treasurer in a Class I | |
| 846 | - | county school unit appointed under this Section for his first | |
| 847 | - | term shall have a financial background or related experience | |
| 848 | - | or 12 semester hours of credit of college level accounting. | |
| 849 | - | (e) After August 14, 1989, any treasurer appointed under | |
| 850 | - | this Section for his first term in Class II county school | |
| 851 | - | units, including any person appointed by a school board to | |
| 852 | - | serve as its treasurer as provided in subsection (c) of this | |
| 853 | - | Section, shall be a certified public accountant or a certified | |
| 854 | - | chief school business official as defined in part (3) of | |
| 855 | - | Section 21-7.3 of this Act. Experience as a township treasurer | |
| 856 | - | in a Class II county school unit prior to July 1, 1989 shall be | |
| 857 | - | deemed the equivalent of certification. | |
| 858 | - | (f) Concurrently with the election or appointment of its | |
| 859 | - | own school treasurer by the school board of a school district | |
| 860 | - | which forms a part of a Class II county school unit but which | |
| 861 | - | no longer is subject to the jurisdiction and authority of a | |
| 388 | + | ||
| 389 | + | HB0305 Enrolled - 11 - LRB103 03832 RJT 48838 b | |
| 862 | 390 | ||
| 863 | 391 | ||
| 864 | - | township treasurer or trustees of schools of a township | |
| 865 | - | because the district has withdrawn from the jurisdiction and | |
| 866 | - | authority of the township treasurer and trustees of schools of | |
| 867 | - | the township or because those offices have been abolished as | |
| 868 | - | provided in subsection (b) or (c) of Section 5-1, all funds, | |
| 869 | - | accounts, moneys, notes, bonds, mortgages and effects then | |
| 870 | - | held by such township treasurer on behalf or for the use and | |
| 871 | - | benefit of, or then credited by such township treasurer to any | |
| 872 | - | fund or account of such school district shall thereupon be | |
| 873 | - | transferred and paid over by such township treasurer to the | |
| 874 | - | school treasurer elected or appointed by the school board of | |
| 875 | - | such school district. In addition the school treasurer of such | |
| 876 | - | school district shall have the right, at all reasonable times, | |
| 877 | - | to inspect all cash books, loan books, district account books | |
| 878 | - | and journals kept by such township treasurer as provided in | |
| 879 | - | Section 8-5 and to copy or otherwise reproduce such portions | |
| 880 | - | thereof as such school treasurer deems necessary for the | |
| 881 | - | performance of his duties. | |
| 882 | - | (g) Upon the abolition of the offices of the township | |
| 883 | - | treasurer and trustee of schools of a township as provided in | |
| 884 | - | subsection (c) of Section 5-1, and subject to the limitation | |
| 885 | - | of subsection (b) of Section 8-5 with respect to certain | |
| 886 | - | records to be surrendered to the regional board of school | |
| 887 | - | trustees, and except as otherwise provided in subsection (c) | |
| 888 | - | of Section 5-1 with respect to the common school lands and | |
| 889 | - | township loanable funds of that township and with respect to | |
| 392 | + | HB0305 Enrolled- 12 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 12 - LRB103 03832 RJT 48838 b | |
| 393 | + | HB0305 Enrolled - 12 - LRB103 03832 RJT 48838 b | |
| 394 | + | 1 proceedings and conditions prescribed in paragraphs (1) | |
| 395 | + | 2 through (4) of this subsection are repeated and met in each of | |
| 396 | + | 3 those elementary and unit school districts. | |
| 397 | + | 4 Notwithstanding the foregoing provisions of this Section | |
| 398 | + | 5 or any other provision of the School Code, the offices of | |
| 399 | + | 6 township treasurer and trustee of schools of a township that | |
| 400 | + | 7 has a population of less than 200,000 and that contains a unit | |
| 401 | + | 8 school district and is located in a Class II county school unit | |
| 402 | + | 9 shall also be abolished as provided in this subsection if all | |
| 403 | + | 10 of the conditions set forth in paragraphs (1), (2), and (3) of | |
| 404 | + | 11 this subsection are met and if the following additional | |
| 405 | + | 12 condition is met: | |
| 406 | + | 13 The electors in all of the school districts subject to | |
| 407 | + | 14 the jurisdiction and authority of the township treasurer | |
| 408 | + | 15 and trustees of schools of the township in which those | |
| 409 | + | 16 offices are sought to be abolished shall vote at the | |
| 410 | + | 17 consolidated election on the proposition to abolish the | |
| 411 | + | 18 offices of township treasurer and trustee of schools of | |
| 412 | + | 19 that township. If a majority of the electors in all of the | |
| 413 | + | 20 school districts combined voting on the proposition vote | |
| 414 | + | 21 in favor of the proposition, then the proposition shall be | |
| 415 | + | 22 deemed to have passed; but if a majority of the electors | |
| 416 | + | 23 voting on the proposition in all of the school district | |
| 417 | + | 24 fails to vote in favor of the proposition as submitted to | |
| 418 | + | 25 them, then the proposition shall not be deemed to have | |
| 419 | + | 26 passed and the offices of township treasurer and trustee | |
| 890 | 420 | ||
| 891 | 421 | ||
| 892 | - | the records, books and accounts relating to those common | |
| 893 | - | school lands and township loanable funds, all school funds and | |
| 894 | - | accounts, moneys, notes, bonds, securities, district account | |
| 895 | - | books and other documents, records and effects then held by | |
| 896 | - | the former township treasurer on behalf or for the use and | |
| 897 | - | benefit of, or then credited by the former township treasurer | |
| 898 | - | to any fund or account of any school district that was under | |
| 899 | - | the jurisdiction and authority of the township treasurer at | |
| 900 | - | the time the office of that township treasurer was abolished | |
| 901 | - | shall thereupon be transferred and paid over by the former | |
| 902 | - | township treasurer to the appropriate school treasurer | |
| 903 | - | appointed by the school board of each such district under | |
| 904 | - | subsection (c) of this Section 8-1. | |
| 905 | - | (h) If the school district of a school treasurer elected | |
| 906 | - | or appointed under this Section is receiving emergency State | |
| 907 | - | financial assistance under Article 1B, that school treasurer | |
| 908 | - | is subject to the provisions of Article 1B. | |
| 909 | - | (Source: P.A. 96-538, eff. 8-14-09.) | |
| 422 | + | ||
| 423 | + | ||
| 424 | + | ||
| 425 | + | HB0305 Enrolled - 12 - LRB103 03832 RJT 48838 b | |
| 426 | + | ||
| 427 | + | ||
| 428 | + | HB0305 Enrolled- 13 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 13 - LRB103 03832 RJT 48838 b | |
| 429 | + | HB0305 Enrolled - 13 - LRB103 03832 RJT 48838 b | |
| 430 | + | 1 of schools of the township in which those offices were | |
| 431 | + | 2 sought to be abolished shall not be abolished, unless and | |
| 432 | + | 3 until the proceedings detailed in paragraphs (1) through | |
| 433 | + | 4 (3) of this subsection and the conditions set forth in | |
| 434 | + | 5 this paragraph are met. | |
| 435 | + | 6 If the proposition to abolish the offices of township | |
| 436 | + | 7 treasurer and trustee of schools of a township is deemed to | |
| 437 | + | 8 have passed at the consolidated election as provided in this | |
| 438 | + | 9 subsection, those offices shall be deemed abolished by | |
| 439 | + | 10 operation of law effective on January 1 of the calendar year | |
| 440 | + | 11 immediately following the calendar year in which that | |
| 441 | + | 12 consolidated election is held, provided that if after the | |
| 442 | + | 13 election, the trustees of schools by resolution elect to | |
| 443 | + | 14 abolish the offices of township treasurer and trustee of | |
| 444 | + | 15 schools effective on July 1 immediately following the | |
| 445 | + | 16 election, then the offices shall be abolished on July 1 | |
| 446 | + | 17 immediately following the election. On the date that the | |
| 447 | + | 18 offices of township treasurer and trustee of schools of a | |
| 448 | + | 19 township are deemed abolished by operation of law, the school | |
| 449 | + | 20 board of each elementary and unit school district and the | |
| 450 | + | 21 school board of each high school district that is subject to | |
| 451 | + | 22 the jurisdiction and authority of the township treasurer and | |
| 452 | + | 23 trustees of schools of that township at the time those offices | |
| 453 | + | 24 are abolished: (i) shall appoint its own school treasurer as | |
| 454 | + | 25 provided in Section 8-1; and (ii) unless the term of the | |
| 455 | + | 26 contract of a township treasurer expires on the date that the | |
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
| 459 | + | ||
| 460 | + | ||
| 461 | + | HB0305 Enrolled - 13 - LRB103 03832 RJT 48838 b | |
| 462 | + | ||
| 463 | + | ||
| 464 | + | HB0305 Enrolled- 14 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 14 - LRB103 03832 RJT 48838 b | |
| 465 | + | HB0305 Enrolled - 14 - LRB103 03832 RJT 48838 b | |
| 466 | + | 1 office of township treasurer is abolished, shall pay to the | |
| 467 | + | 2 former township treasurer its proportionate share of any | |
| 468 | + | 3 aggregate compensation that, were the office of township | |
| 469 | + | 4 treasurer not abolished at that time, would have been payable | |
| 470 | + | 5 to the former township treasurer after that date over the | |
| 471 | + | 6 remainder of the term of the contract of the former township | |
| 472 | + | 7 treasurer that began prior to but ends after that date. In | |
| 473 | + | 8 addition, on the date that the offices of township treasurer | |
| 474 | + | 9 and trustee of schools of a township are deemed abolished as | |
| 475 | + | 10 provided in this subsection, the school board of each | |
| 476 | + | 11 elementary school, high school and unit school district that | |
| 477 | + | 12 until that date is subject to the jurisdiction and authority | |
| 478 | + | 13 of the township treasurer and trustees of schools of that | |
| 479 | + | 14 township shall be deemed by operation of law to have agreed and | |
| 480 | + | 15 assumed to pay and, when determined, shall pay to the Illinois | |
| 481 | + | 16 Municipal Retirement Fund a proportionate share of the | |
| 482 | + | 17 unfunded liability existing in that Fund at the time these | |
| 483 | + | 18 offices are abolished in that calendar year for all annuities | |
| 484 | + | 19 or other benefits then or thereafter to become payable from | |
| 485 | + | 20 that Fund with respect to all periods of service performed | |
| 486 | + | 21 prior to that date as a participating employee in that Fund by | |
| 487 | + | 22 persons serving during those periods of service as a trustee | |
| 488 | + | 23 of schools, township treasurer or regular employee in the | |
| 489 | + | 24 office of the township treasurer of that township. That | |
| 490 | + | 25 unfunded liability shall be actuarially determined by the | |
| 491 | + | 26 board of trustees of the Illinois Municipal Retirement Fund, | |
| 492 | + | ||
| 493 | + | ||
| 494 | + | ||
| 495 | + | ||
| 496 | + | ||
| 497 | + | HB0305 Enrolled - 14 - LRB103 03832 RJT 48838 b | |
| 498 | + | ||
| 499 | + | ||
| 500 | + | HB0305 Enrolled- 15 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 15 - LRB103 03832 RJT 48838 b | |
| 501 | + | HB0305 Enrolled - 15 - LRB103 03832 RJT 48838 b | |
| 502 | + | 1 and the board of trustees shall thereupon notify each school | |
| 503 | + | 2 board required to pay a proportionate share of that unfunded | |
| 504 | + | 3 liability of the aggregate amount of the unfunded liability so | |
| 505 | + | 4 determined. The amount so paid to the Illinois Municipal | |
| 506 | + | 5 Retirement Fund by each of those school districts shall be | |
| 507 | + | 6 credited to the account of the township in that Fund. For each | |
| 508 | + | 7 elementary school, high school and unit school district under | |
| 509 | + | 8 the jurisdiction and authority of a township treasurer and | |
| 510 | + | 9 trustees of schools of a township in which those offices are | |
| 511 | + | 10 abolished as provided in this subsection, each such district's | |
| 512 | + | 11 proportionate share of the aggregate compensation payable to | |
| 513 | + | 12 the former township treasurer as provided in this paragraph | |
| 514 | + | 13 and each such district's proportionate share of the aggregate | |
| 515 | + | 14 amount of the unfunded liability payable to the Illinois | |
| 516 | + | 15 Municipal Retirement Fund as provided in this paragraph shall | |
| 517 | + | 16 be computed in accordance with the ratio that the number of | |
| 518 | + | 17 pupils in average daily attendance in each such district for | |
| 519 | + | 18 the school year last ending prior to the date on which the | |
| 520 | + | 19 offices of township treasurer and trustee of schools of that | |
| 521 | + | 20 township are abolished bears to the aggregate number of pupils | |
| 522 | + | 21 in average daily attendance in all of those districts as so | |
| 523 | + | 22 reported for that school year. | |
| 524 | + | 23 Upon abolition of the offices of township treasurer and | |
| 525 | + | 24 trustee of schools of a township as provided in this | |
| 526 | + | 25 subsection: (i) the regional board of school trustees, in its | |
| 527 | + | 26 corporate capacity, shall be deemed the successor in interest | |
| 528 | + | ||
| 529 | + | ||
| 530 | + | ||
| 531 | + | ||
| 532 | + | ||
| 533 | + | HB0305 Enrolled - 15 - LRB103 03832 RJT 48838 b | |
| 534 | + | ||
| 535 | + | ||
| 536 | + | HB0305 Enrolled- 16 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 16 - LRB103 03832 RJT 48838 b | |
| 537 | + | HB0305 Enrolled - 16 - LRB103 03832 RJT 48838 b | |
| 538 | + | 1 to the former trustees of schools of that township with | |
| 539 | + | 2 respect to the common school lands and township loanable funds | |
| 540 | + | 3 of the township; (ii) all right, title and interest existing | |
| 541 | + | 4 or vested in the former trustees of schools of that township in | |
| 542 | + | 5 the common school lands and township loanable funds of the | |
| 543 | + | 6 township, and all records, moneys, securities and other | |
| 544 | + | 7 assets, rights of property and causes of action pertaining to | |
| 545 | + | 8 or constituting a part of those common school lands or | |
| 546 | + | 9 township loanable funds, shall be transferred to and deemed | |
| 547 | + | 10 vested by operation of law in the regional board of school | |
| 548 | + | 11 trustees, which shall hold legal title to, manage and operate | |
| 549 | + | 12 all common school lands and township loanable funds of the | |
| 550 | + | 13 township, receive the rents, issues and profits therefrom, and | |
| 551 | + | 14 have and exercise with respect thereto the same powers and | |
| 552 | + | 15 duties as are provided by this Code to be exercised by regional | |
| 553 | + | 16 boards of school trustees when acting as township land | |
| 554 | + | 17 commissioners in counties having at least 220,000 but fewer | |
| 555 | + | 18 than 2,000,000 inhabitants; (iii) the regional board of school | |
| 556 | + | 19 trustees shall select to serve as its treasurer with respect | |
| 557 | + | 20 to the common school lands and township loanable funds of the | |
| 558 | + | 21 township a person from time to time also serving as the | |
| 559 | + | 22 appointed school treasurer of any school district that was | |
| 560 | + | 23 subject to the jurisdiction and authority of the township | |
| 561 | + | 24 treasurer and trustees of schools of that township at the time | |
| 562 | + | 25 those offices were abolished, and the person selected to also | |
| 563 | + | 26 serve as treasurer of the regional board of school trustees | |
| 564 | + | ||
| 565 | + | ||
| 566 | + | ||
| 567 | + | ||
| 568 | + | ||
| 569 | + | HB0305 Enrolled - 16 - LRB103 03832 RJT 48838 b | |
| 570 | + | ||
| 571 | + | ||
| 572 | + | HB0305 Enrolled- 17 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 17 - LRB103 03832 RJT 48838 b | |
| 573 | + | HB0305 Enrolled - 17 - LRB103 03832 RJT 48838 b | |
| 574 | + | 1 shall have his compensation for services in that capacity | |
| 575 | + | 2 fixed by the regional board of school trustees, to be paid from | |
| 576 | + | 3 the township loanable funds, and shall make to the regional | |
| 577 | + | 4 board of school trustees the reports required to be made by | |
| 578 | + | 5 treasurers of township land commissioners, give bond as | |
| 579 | + | 6 required by treasurers of township land commissioners, and | |
| 580 | + | 7 perform the duties and exercise the powers of treasurers of | |
| 581 | + | 8 township land commissioners; (iv) the regional board of school | |
| 582 | + | 9 trustees shall designate in the manner provided by Section | |
| 583 | + | 10 8-7, insofar as applicable, a depositary for its treasurer, | |
| 584 | + | 11 and the proceeds of all rents, issues and profits from the | |
| 585 | + | 12 common school lands and township loanable funds of that | |
| 586 | + | 13 township shall be deposited and held in the account maintained | |
| 587 | + | 14 for those purposes with that depositary and shall be expended | |
| 588 | + | 15 and distributed therefrom as provided in Section 15-24 and | |
| 589 | + | 16 other applicable provisions of this Code; and (v) whenever | |
| 590 | + | 17 there is vested in the trustees of schools of a township at the | |
| 591 | + | 18 time that office is abolished under this subsection the legal | |
| 592 | + | 19 title to any school buildings or school sites used or occupied | |
| 593 | + | 20 for school purposes by any elementary school, high school or | |
| 594 | + | 21 unit school district subject to the jurisdiction and authority | |
| 595 | + | 22 of those trustees of school at the time that office is | |
| 596 | + | 23 abolished, the legal title to those school buildings and | |
| 597 | + | 24 school sites shall be deemed transferred by operation of law | |
| 598 | + | 25 to and invested in the school board of that school district, in | |
| 599 | + | 26 its corporate capacity under Section 10-22.35B of this Code, | |
| 600 | + | ||
| 601 | + | ||
| 602 | + | ||
| 603 | + | ||
| 604 | + | ||
| 605 | + | HB0305 Enrolled - 17 - LRB103 03832 RJT 48838 b | |
| 606 | + | ||
| 607 | + | ||
| 608 | + | HB0305 Enrolled- 18 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 18 - LRB103 03832 RJT 48838 b | |
| 609 | + | HB0305 Enrolled - 18 - LRB103 03832 RJT 48838 b | |
| 610 | + | 1 the same to be held, sold, exchanged leased or otherwise | |
| 611 | + | 2 transferred in accordance with applicable provisions of this | |
| 612 | + | 3 Code. | |
| 613 | + | 4 Notwithstanding Section 2-3.25g of this Code, a waiver of | |
| 614 | + | 5 a mandate established under this Section may not be requested. | |
| 615 | + | 6 (d) Notwithstanding any other provision of law, any school | |
| 616 | + | 7 district that forms a part of a Class II county school unit | |
| 617 | + | 8 may, by a resolution adopted by at least two-thirds of the | |
| 618 | + | 9 members of the school board of a school district, withdraw a | |
| 619 | + | 10 school district from the jurisdiction and authority of the | |
| 620 | + | 11 trustees of schools of the township in which such school | |
| 621 | + | 12 district is located and from the jurisdiction and authority of | |
| 622 | + | 13 the township treasurer of the township in which such school | |
| 623 | + | 14 district is located, provided that the school board of the | |
| 624 | + | 15 school district shall, upon the adoption and passage of such | |
| 625 | + | 16 resolution, thereupon elect or appoint its own school | |
| 626 | + | 17 treasurer as provided in Section 8-1 of this Code. The | |
| 627 | + | 18 appointed school treasurer may include a township treasurer. | |
| 628 | + | 19 The school board may enter into a contractual or | |
| 629 | + | 20 intergovernmental agreement with an appointed school treasurer | |
| 630 | + | 21 for school treasurer services. | |
| 631 | + | 22 Upon adoption and passage of the resolution and the | |
| 632 | + | 23 election or appointment by the school board of its own school | |
| 633 | + | 24 treasurer commencing with the first day of the succeeding | |
| 634 | + | 25 fiscal year, but not prior to July 1, 2025: (1) the trustees of | |
| 635 | + | 26 schools in the township or townships shall no longer have or | |
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
| 639 | + | ||
| 640 | + | ||
| 641 | + | HB0305 Enrolled - 18 - LRB103 03832 RJT 48838 b | |
| 642 | + | ||
| 643 | + | ||
| 644 | + | HB0305 Enrolled- 19 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 19 - LRB103 03832 RJT 48838 b | |
| 645 | + | HB0305 Enrolled - 19 - LRB103 03832 RJT 48838 b | |
| 646 | + | 1 exercise any powers or duties with respect to the school | |
| 647 | + | 2 district or with respect to the school business, operations, | |
| 648 | + | 3 or assets of the school district; (2) all books and records of | |
| 649 | + | 4 the trustees of schools and all moneys, securities, loanable | |
| 650 | + | 5 funds, and other assets relating to the school business and | |
| 651 | + | 6 affairs of the school district shall be transferred and | |
| 652 | + | 7 delivered to the school board; and (3) all legal title to and | |
| 653 | + | 8 all right, title, and interest formerly held by the trustees | |
| 654 | + | 9 of schools in any common school lands, school buildings, or | |
| 655 | + | 10 school sites used and occupied by the school board and all | |
| 656 | + | 11 rights of property and causes of action pertaining to or | |
| 657 | + | 12 constituting a part of the common school lands, buildings, or | |
| 658 | + | 13 sites shall be deemed transferred by operation of law to and | |
| 659 | + | 14 shall vest in the school board. | |
| 660 | + | 15 (Source: P.A. 103-144, eff. 6-30-23.) | |
| 661 | + | 16 (105 ILCS 5/5-2) (from Ch. 122, par. 5-2) | |
| 662 | + | 17 Sec. 5-2. Governing board. | |
| 663 | + | 18 (a) Except as otherwise provided in subsection (b), the | |
| 664 | + | 19 school business of all school townships having school trustees | |
| 665 | + | 20 shall be transacted by three trustees, to be elected by the | |
| 666 | + | 21 qualified voters of the township, as provided in this Article | |
| 667 | + | 22 5. | |
| 668 | + | 23 (b) This subsection (b) applies only to the trustees of | |
| 669 | + | 24 schools of Township 38 North, Range 12 East. The school | |
| 670 | + | 25 business of the township shall be transacted by 4 trustees | |
| 671 | + | ||
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
| 675 | + | ||
| 676 | + | HB0305 Enrolled - 19 - LRB103 03832 RJT 48838 b | |
| 677 | + | ||
| 678 | + | ||
| 679 | + | HB0305 Enrolled- 20 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 20 - LRB103 03832 RJT 48838 b | |
| 680 | + | HB0305 Enrolled - 20 - LRB103 03832 RJT 48838 b | |
| 681 | + | 1 elected by the qualified voters of the township, as provided | |
| 682 | + | 2 in this Article 5, and 3 trustees appointed by the school | |
| 683 | + | 3 districts within the township, as provided in this subsection | |
| 684 | + | 4 (b). An elected trustee and an appointed trustee may represent | |
| 685 | + | 5 the same school district. Any trustee, whether elected or | |
| 686 | + | 6 appointed, may serve as an officer of the trustees of schools. | |
| 687 | + | 7 The 3 trustees to be appointed shall each be appointed for | |
| 688 | + | 8 a term of one year as follows: | |
| 689 | + | 9 (1) The school boards of Argo Community High School | |
| 690 | + | 10 District 217, Summit School District 104, Willow Springs | |
| 691 | + | 11 School District 108, and Indian Springs School District | |
| 692 | + | 12 109 shall collectively appoint one school board member as | |
| 693 | + | 13 a trustee through a nomination process and by a majority | |
| 694 | + | 14 vote or by consensus among the school boards. A trustee | |
| 695 | + | 15 appointed under this paragraph (1) may be reappointed for | |
| 696 | + | 16 a second term as provided under this paragraph (1). After | |
| 697 | + | 17 the appointed term or reappointed term of the trustee | |
| 698 | + | 18 expires, the school boards shall appoint a successor | |
| 699 | + | 19 trustee pursuant to this paragraph (1). | |
| 700 | + | 20 (2) The school boards of Western Springs School | |
| 701 | + | 21 District 101, La Grange School District 102, Lyons School | |
| 702 | + | 22 District 103, La Grange School District 105 South, | |
| 703 | + | 23 LaGrange Highlands School District 106, and Pleasantdale | |
| 704 | + | 24 School District 107 shall collectively appoint one school | |
| 705 | + | 25 board member as a trustee through a nomination process and | |
| 706 | + | 26 by a majority vote or by consensus among the school | |
| 707 | + | ||
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | HB0305 Enrolled - 20 - LRB103 03832 RJT 48838 b | |
| 713 | + | ||
| 714 | + | ||
| 715 | + | HB0305 Enrolled- 21 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 21 - LRB103 03832 RJT 48838 b | |
| 716 | + | HB0305 Enrolled - 21 - LRB103 03832 RJT 48838 b | |
| 717 | + | 1 boards. A trustee appointed under this paragraph (2) may | |
| 718 | + | 2 be reappointed for a second term as provided under this | |
| 719 | + | 3 paragraph (2). After the appointed term or reappointed | |
| 720 | + | 4 term of the trustee expires, the school boards shall | |
| 721 | + | 5 appoint a successor trustee pursuant to this paragraph | |
| 722 | + | 6 (2). | |
| 723 | + | 7 (3) Each year, among the school board presidents of | |
| 724 | + | 8 the school districts within the township, one school board | |
| 725 | + | 9 president shall be selected through a nomination process | |
| 726 | + | 10 and by a majority vote to appoint a trustee. If no | |
| 727 | + | 11 president of a school board is nominated, another officer | |
| 728 | + | 12 of one of the school boards may be nominated. For the | |
| 729 | + | 13 even-numbered year term, a trustee appointed under this | |
| 730 | + | 14 paragraph (3) must be from a feeder elementary school | |
| 731 | + | 15 district for Argo Community High School District 217, and, | |
| 732 | + | 16 for the odd-numbered year term, a trustee appointed under | |
| 733 | + | 17 this paragraph (3) must be from a feeder elementary school | |
| 734 | + | 18 district for Lyons Township High School District 204. | |
| 735 | + | 19 (c) The trustees shall be a body politic and corporate, by | |
| 736 | + | 20 the name of "trustees of schools of township No. ...., range | |
| 737 | + | 21 No. ....," according to the number, or in case of school | |
| 738 | + | 22 townships created from two or more congressional townships, | |
| 739 | + | 23 such name shall be "trustees of .... township .... county, | |
| 740 | + | 24 Illinois." Such corporation shall have perpetual existence, | |
| 741 | + | 25 with power to sue and be sued, and to plead and be impleaded, | |
| 742 | + | 26 in all courts and places where judicial proceedings are had. | |
| 743 | + | ||
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | ||
| 748 | + | HB0305 Enrolled - 21 - LRB103 03832 RJT 48838 b | |
| 749 | + | ||
| 750 | + | ||
| 751 | + | HB0305 Enrolled- 22 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 22 - LRB103 03832 RJT 48838 b | |
| 752 | + | HB0305 Enrolled - 22 - LRB103 03832 RJT 48838 b | |
| 753 | + | 1 (Source: P.A. 102-924, eff. 5-27-22.) | |
| 754 | + | 2 (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1) | |
| 755 | + | 3 Sec. 5-2.1. Eligible Voters: For the purposes of this | |
| 756 | + | 4 Article persons who are qualified to vote in school elections | |
| 757 | + | 5 shall be eligible to vote for the trustees of schools who have | |
| 758 | + | 6 jurisdiction over the elementary school district or unit | |
| 759 | + | 7 school district in which the person resides. | |
| 760 | + | 8 If the application of this Section results in an elector | |
| 761 | + | 9 voting for trustees of a school township in which he does not | |
| 762 | + | 10 reside because the elementary or unit school district crosses | |
| 763 | + | 11 township boundaries and has been assigned to the jurisdiction | |
| 764 | + | 12 of the trustees of an adjoining township, that elector shall | |
| 765 | + | 13 also be eligible to vote for the trustees of the township | |
| 766 | + | 14 within which he resides. Moreover, an elector who resides in a | |
| 767 | + | 15 high school district that crosses township boundaries and has | |
| 768 | + | 16 been assigned to the jurisdiction of the trustees of an | |
| 769 | + | 17 adjoining township shall be eligible to vote for both the | |
| 770 | + | 18 trustees of the township in which he or she resides and the | |
| 771 | + | 19 trustees of the township having jurisdiction over the high | |
| 772 | + | 20 school district in which he or she resides. | |
| 773 | + | 21 This Section is repealed on the effective date of this | |
| 774 | + | 22 amendatory Act of the 103rd General Assembly. | |
| 775 | + | 23 (Source: P.A. 94-432, eff. 8-2-05.) | |
| 776 | + | 24 (105 ILCS 5/5-2.2) | |
| 777 | + | ||
| 778 | + | ||
| 779 | + | ||
| 780 | + | ||
| 781 | + | ||
| 782 | + | HB0305 Enrolled - 22 - LRB103 03832 RJT 48838 b | |
| 783 | + | ||
| 784 | + | ||
| 785 | + | HB0305 Enrolled- 23 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 23 - LRB103 03832 RJT 48838 b | |
| 786 | + | HB0305 Enrolled - 23 - LRB103 03832 RJT 48838 b | |
| 787 | + | 1 Sec. 5-2.2. Designation of trustees; Township 36 North, | |
| 788 | + | 2 Range 13 East. After the April 5, 2011 consolidated election, | |
| 789 | + | 3 the trustees of schools in Township 36 North, Range 13 East | |
| 790 | + | 4 shall no longer be elected pursuant to the provisions of | |
| 791 | + | 5 Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any | |
| 792 | + | 6 such trustees elected before such date may complete the term | |
| 793 | + | 7 to which that trustee was elected, but shall not be succeeded | |
| 794 | + | 8 by election. Instead, the board of education or board of | |
| 795 | + | 9 school directors of each of the elementary and high school | |
| 796 | + | 10 districts that are subject to the jurisdiction of Township 36 | |
| 797 | + | 11 North, Range 13 East shall appoint one of the members to serve | |
| 798 | + | 12 as trustee of schools. The trustees of schools shall be | |
| 799 | + | 13 appointed by each board of education or board of school | |
| 800 | + | 14 directors within 60 days after the effective date of this | |
| 801 | + | 15 amendatory Act of the 97th General Assembly and shall | |
| 802 | + | 16 reorganize within 30 days after all the trustees of schools | |
| 803 | + | 17 have been appointed or within 30 days after all the trustees of | |
| 804 | + | 18 schools were due to have been appointed, whichever is sooner. | |
| 805 | + | 19 Trustees of schools so appointed shall serve at the pleasure | |
| 806 | + | 20 of the board of education or board of school directors | |
| 807 | + | 21 appointing them, but in no event longer than 2 years unless | |
| 808 | + | 22 reappointed. | |
| 809 | + | 23 After the April 4, 2023 consolidated election, no trustees | |
| 810 | + | 24 of schools shall be elected. Any trustees elected or appointed | |
| 811 | + | 25 on or before April 4, 2023 may complete the term to which that | |
| 812 | + | 26 trustee was trustees elected or appointed, but may not be | |
| 813 | + | ||
| 814 | + | ||
| 815 | + | ||
| 816 | + | ||
| 817 | + | ||
| 818 | + | HB0305 Enrolled - 23 - LRB103 03832 RJT 48838 b | |
| 819 | + | ||
| 820 | + | ||
| 821 | + | HB0305 Enrolled- 24 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 24 - LRB103 03832 RJT 48838 b | |
| 822 | + | HB0305 Enrolled - 24 - LRB103 03832 RJT 48838 b | |
| 823 | + | 1 succeeded by election. Each school board of each school | |
| 824 | + | 2 district that is a part of a Class II county school unit shall | |
| 825 | + | 3 appoint one member of the school board or one school employee | |
| 826 | + | 4 to serve as trustee of schools of the township in which such | |
| 827 | + | 5 school district is located. The trustees of schools shall be | |
| 828 | + | 6 appointed by each school board within 60 days after the | |
| 829 | + | 7 effective date of this amendatory Act of the 103rd General | |
| 830 | + | 8 Assembly and shall reorganize within 30 days after all the | |
| 831 | + | 9 trustees of schools have been appointed or within 90 days | |
| 832 | + | 10 after the effective date of this amendatory Act of the 103rd | |
| 833 | + | 11 General Assembly, whichever is sooner. A trustee of schools | |
| 834 | + | 12 shall serve at the pleasure of the school board that appointed | |
| 835 | + | 13 the trustee of schools but may not serve as a trustee of | |
| 836 | + | 14 schools for longer than 2 years unless reappointed by the | |
| 837 | + | 15 school board. | |
| 838 | + | 16 A majority of members of the trustees of schools shall | |
| 839 | + | 17 constitute a quorum for the transaction of business. The | |
| 840 | + | 18 trustees shall organize by appointing one of their number | |
| 841 | + | 19 president, who shall hold the office for 2 years. If the | |
| 842 | + | 20 president is absent from any meeting, or refuses to perform | |
| 843 | + | 21 any of the duties of the office, a president pro-tempore may be | |
| 844 | + | 22 appointed. Trustees who serve on the board as a result of | |
| 845 | + | 23 appointment or election at the time of the reorganization | |
| 846 | + | 24 shall continue to serve as a member of the trustees of schools, | |
| 847 | + | 25 with no greater or lesser authority than any other trustee, | |
| 848 | + | 26 until such time as their elected term expires. | |
| 849 | + | ||
| 850 | + | ||
| 851 | + | ||
| 852 | + | ||
| 853 | + | ||
| 854 | + | HB0305 Enrolled - 24 - LRB103 03832 RJT 48838 b | |
| 855 | + | ||
| 856 | + | ||
| 857 | + | HB0305 Enrolled- 25 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 25 - LRB103 03832 RJT 48838 b | |
| 858 | + | HB0305 Enrolled - 25 - LRB103 03832 RJT 48838 b | |
| 859 | + | 1 Each trustee of schools appointed by a board of education | |
| 860 | + | 2 or board of school directors shall be entitled to | |
| 861 | + | 3 indemnification and protection against claims and suits by the | |
| 862 | + | 4 board that appointed that trustee of schools for acts or | |
| 863 | + | 5 omissions as a trustee of schools in the same manner and to the | |
| 864 | + | 6 same extent as the trustee of schools is entitled to | |
| 865 | + | 7 indemnification and protection for acts or omissions as a | |
| 866 | + | 8 member of the board of education or board of school directors | |
| 867 | + | 9 under Section 10-20.20 of this Code. | |
| 868 | + | 10 (Source: P.A. 99-642, eff. 7-28-16.) | |
| 869 | + | 11 (105 ILCS 5/5-3) (from Ch. 122, par. 5-3) | |
| 870 | + | 12 Sec. 5-3. Eligibility of trustees. No person shall be | |
| 871 | + | 13 eligible to the office of trustee of schools who is not a | |
| 872 | + | 14 resident of the township and at least 18 years of age. If there | |
| 873 | + | 15 are 3 or more school districts in a township which are subject | |
| 874 | + | 16 to the jurisdiction of the trustees of schools of that | |
| 875 | + | 17 township, no 2 trustees shall reside, when elected, in the | |
| 876 | + | 18 same school district; except that in townships in which at | |
| 877 | + | 19 least 90% of the electors reside in one school district which | |
| 878 | + | 20 is subject to the jurisdiction of the trustees of schools of | |
| 879 | + | 21 that township, this restriction shall not apply. No person | |
| 880 | + | 22 shall be eligible to the office of trustee of schools and | |
| 881 | + | 23 school director or school board member at the same time. | |
| 882 | + | 24 This Section does not apply to trustees appointed under | |
| 883 | + | 25 subsection (b) of Section 5-2. | |
| 884 | + | ||
| 885 | + | ||
| 886 | + | ||
| 887 | + | ||
| 888 | + | ||
| 889 | + | HB0305 Enrolled - 25 - LRB103 03832 RJT 48838 b | |
| 890 | + | ||
| 891 | + | ||
| 892 | + | HB0305 Enrolled- 26 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 26 - LRB103 03832 RJT 48838 b | |
| 893 | + | HB0305 Enrolled - 26 - LRB103 03832 RJT 48838 b | |
| 894 | + | 1 This Section is repealed on the effective date of this | |
| 895 | + | 2 amendatory Act of the 103rd General Assembly. | |
| 896 | + | 3 (Source: P.A. 102-924, eff. 5-27-22.) | |
| 897 | + | 4 (105 ILCS 5/5-4) (from Ch. 122, par. 5-4) | |
| 898 | + | 5 Sec. 5-4. Election of trustees. The election of trustees | |
| 899 | + | 6 of schools shall be held in odd-numbered years at the election | |
| 900 | + | 7 specified in the general election law. In townships in which | |
| 901 | + | 8 no election for school trustees has been held, or in townships | |
| 902 | + | 9 in which from any cause there are no trustees of schools and | |
| 903 | + | 10 the law requires that there be school trustees, the election | |
| 904 | + | 11 of trustees of schools shall be held at the same time. | |
| 905 | + | 12 No person shall be nominated for the office of trustee of | |
| 906 | + | 13 schools, in townships containing 20,000 inhabitants or over, | |
| 907 | + | 14 except by petition signed by at least 5% or 500 of the voters | |
| 908 | + | 15 of the school township in which the person is seeking | |
| 909 | + | 16 nomination and election who last cast votes in the most recent | |
| 910 | + | 17 election, whichever is less, filed with the township | |
| 911 | + | 18 treasurer, or, in case of a first election, with the county | |
| 912 | + | 19 clerk. | |
| 913 | + | 20 A candidate for election as a school trustee, who has | |
| 914 | + | 21 petitioned for nomination to fill a full term and to fill a | |
| 915 | + | 22 vacant term to be voted upon at the same election, must | |
| 916 | + | 23 withdraw his or her petition for nomination from either the | |
| 917 | + | 24 full term or the vacant term by written declaration, which | |
| 918 | + | 25 shall be signed and acknowledged by an officer authorized to | |
| 919 | + | ||
| 920 | + | ||
| 921 | + | ||
| 922 | + | ||
| 923 | + | ||
| 924 | + | HB0305 Enrolled - 26 - LRB103 03832 RJT 48838 b | |
| 925 | + | ||
| 926 | + | ||
| 927 | + | HB0305 Enrolled- 27 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 27 - LRB103 03832 RJT 48838 b | |
| 928 | + | HB0305 Enrolled - 27 - LRB103 03832 RJT 48838 b | |
| 929 | + | 1 take such acknowledgments and which is filed with the township | |
| 930 | + | 2 treasurer in the township in which he or she is a candidate | |
| 931 | + | 3 within the time provided by the general election law. | |
| 932 | + | 4 This Section is repealed on the effective date of this | |
| 933 | + | 5 amendatory Act of the 103rd General Assembly. | |
| 934 | + | 6 (Source: P.A. 102-924, eff. 5-27-22.) | |
| 935 | + | 7 (105 ILCS 5/5-12) (from Ch. 122, par. 5-12) | |
| 936 | + | 8 Sec. 5-12. Trustees' names and townships to regional | |
| 937 | + | 9 superintendent. The returns of an election for trustees of | |
| 938 | + | 10 schools shall be made to the county clerk. He shall furnish to | |
| 939 | + | 11 the regional superintendent of schools, within 7 days after | |
| 940 | + | 12 the returns have been made, the names of the trustees so | |
| 941 | + | 13 returned to him, and shall specify the townships in which they | |
| 942 | + | 14 have been elected. | |
| 943 | + | 15 This Section is repealed on the effective date of this | |
| 944 | + | 16 amendatory Act of the 103rd General Assembly. | |
| 945 | + | 17 (Source: P.A. 81-1490.) | |
| 946 | + | 18 (105 ILCS 5/5-13) (from Ch. 122, par. 5-13) | |
| 947 | + | 19 Sec. 5-13. Term of office of trustees. In townships | |
| 948 | + | 20 already organized, the school trustee shall be elected in each | |
| 949 | + | 21 odd numbered year for a term of 6 years to succeed the trustee | |
| 950 | + | 22 whose term expires in such odd numbered year. | |
| 951 | + | 23 The first-elected trustees in a newly organized township | |
| 952 | + | 24 shall at their first meeting cast lots for their respective | |
| 953 | + | ||
| 954 | + | ||
| 955 | + | ||
| 956 | + | ||
| 957 | + | ||
| 958 | + | HB0305 Enrolled - 27 - LRB103 03832 RJT 48838 b | |
| 959 | + | ||
| 960 | + | ||
| 961 | + | HB0305 Enrolled- 28 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 28 - LRB103 03832 RJT 48838 b | |
| 962 | + | HB0305 Enrolled - 28 - LRB103 03832 RJT 48838 b | |
| 963 | + | 1 terms of office, for 2, 4 and 6 years; and thereafter 1 trustee | |
| 964 | + | 2 shall be elected in each odd-numbered year. | |
| 965 | + | 3 This Section is inoperative on the effective date of this | |
| 966 | + | 4 amendatory Act of the 103rd General Assembly. | |
| 967 | + | 5 (Source: P.A. 81-1490.) | |
| 968 | + | 6 (105 ILCS 5/5-16) (from Ch. 122, par. 5-16) | |
| 969 | + | 7 Sec. 5-16. Meetings - Quorum. The trustees of school shall | |
| 970 | + | 8 hold regular meetings on the first Monday of each calendar | |
| 971 | + | 9 quarter or if such Monday falls on a holiday, then on the | |
| 972 | + | 10 following Monday. Special meetings may be called at any time | |
| 973 | + | 11 by the president or by a majority of the two members. A | |
| 974 | + | 12 majority of the Two members shall constitute a quorum for the | |
| 975 | + | 13 transaction of business. | |
| 976 | + | 14 (Source: P.A. 81-338.) | |
| 977 | + | 15 (105 ILCS 5/8-1) (from Ch. 122, par. 8-1) | |
| 978 | + | 16 Sec. 8-1. Treasurers. | |
| 979 | + | 17 (a) Except as otherwise provided in subsections (b) and | |
| 980 | + | 18 (c), in Class II county school units the trustees of schools | |
| 981 | + | 19 shall appoint a treasurer who shall be ex-officio clerk of the | |
| 982 | + | 20 board. The term of the township treasurer shall be for a 2 year | |
| 983 | + | 21 period beginning and ending on the first of July. The | |
| 984 | + | 22 treasurer shall be a resident of the township, but not be a | |
| 985 | + | 23 trustee, or school board member. He shall attend all meetings | |
| 986 | + | 24 and keep a record of the official proceedings of the trustees | |
| 987 | + | ||
| 988 | + | ||
| 989 | + | ||
| 990 | + | ||
| 991 | + | ||
| 992 | + | HB0305 Enrolled - 28 - LRB103 03832 RJT 48838 b | |
| 993 | + | ||
| 994 | + | ||
| 995 | + | HB0305 Enrolled- 29 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 29 - LRB103 03832 RJT 48838 b | |
| 996 | + | HB0305 Enrolled - 29 - LRB103 03832 RJT 48838 b | |
| 997 | + | 1 of schools. Such record shall be open to public inspection. | |
| 998 | + | 2 All proceedings, when recorded, shall be signed by the | |
| 999 | + | 3 president and the clerk. If the clerk is absent, or refuses to | |
| 1000 | + | 4 perform any of his duties, a clerk pro tempore may be | |
| 1001 | + | 5 appointed. For sufficient cause the treasurer may be removed | |
| 1002 | + | 6 from office by the trustees of schools. In case of a vacancy | |
| 1003 | + | 7 the trustees of schools shall elect a treasurer for the | |
| 1004 | + | 8 unexpired term. | |
| 1005 | + | 9 (b) In Class I county school units, and in each school | |
| 1006 | + | 10 district which forms a part of a Class II county school unit | |
| 1007 | + | 11 but which has withdrawn from the jurisdiction and authority of | |
| 1008 | + | 12 the trustees of schools of the township in which such school | |
| 1009 | + | 13 district is located and from the jurisdiction and authority of | |
| 1010 | + | 14 the township treasurer in such Class II county school unit as | |
| 1011 | + | 15 provided in subsection (b) of Section 5-1, each school board | |
| 1012 | + | 16 shall either elect one of its members to serve as treasurer | |
| 1013 | + | 17 without salary for a period of one year or appoint someone, not | |
| 1014 | + | 18 a member of the school board, as its treasurer, and, except as | |
| 1015 | + | 19 provided in this Section the board shall fix his compensation. | |
| 1016 | + | 20 An appointed treasurer shall serve at the pleasure of the | |
| 1017 | + | 21 board. An appointed treasurer shall be at least 21 years of | |
| 1018 | + | 22 age, of approved integrity, but not a member of the county | |
| 1019 | + | 23 board of school trustees. The records of the treasurer shall | |
| 1020 | + | 24 be open to public inspection. Two or more such districts may | |
| 1021 | + | 25 appoint the same treasurer. In case of a vacancy caused by the | |
| 1022 | + | 26 death, resignation or the removal from office of the school | |
| 1023 | + | ||
| 1024 | + | ||
| 1025 | + | ||
| 1026 | + | ||
| 1027 | + | ||
| 1028 | + | HB0305 Enrolled - 29 - LRB103 03832 RJT 48838 b | |
| 1029 | + | ||
| 1030 | + | ||
| 1031 | + | HB0305 Enrolled- 30 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 30 - LRB103 03832 RJT 48838 b | |
| 1032 | + | HB0305 Enrolled - 30 - LRB103 03832 RJT 48838 b | |
| 1033 | + | 1 treasurer the school board shall appoint a treasurer. The | |
| 1034 | + | 2 school board may determine the temporary incapacity of its | |
| 1035 | + | 3 treasurer occasioned by illness, absence from the district or | |
| 1036 | + | 4 any other cause which prevents the prompt performance of his | |
| 1037 | + | 5 duties and appoint an acting treasurer to serve until the | |
| 1038 | + | 6 board determines such temporary incapacity no longer exists. | |
| 1039 | + | 7 (c) The school board of each elementary school, high | |
| 1040 | + | 8 school and unit school district that forms a part of a Class II | |
| 1041 | + | 9 county school unit and that was under the jurisdiction and | |
| 1042 | + | 10 authority of the township treasurer and trustees of schools of | |
| 1043 | + | 11 a township at the time those offices were abolished in that | |
| 1044 | + | 12 township as provided in subsection (c) of Section 5-1 shall | |
| 1045 | + | 13 appoint a person to serve as treasurer of the school board. The | |
| 1046 | + | 14 term of each school treasurer appointed under this subsection | |
| 1047 | + | 15 shall be for a 2 year period beginning and ending on the first | |
| 1048 | + | 16 day of July. A person appointed under this subsection to serve | |
| 1049 | + | 17 as treasurer of a school board shall not be the superintendent | |
| 1050 | + | 18 of schools of the school district. A person appointed and | |
| 1051 | + | 19 serving under this subsection as treasurer of a school board | |
| 1052 | + | 20 may concurrently serve as the treasurer of the regional board | |
| 1053 | + | 21 of school trustees, if selected to serve in that capacity by | |
| 1054 | + | 22 the regional board of school trustees, as provided in | |
| 1055 | + | 23 subsection (c) of Section 5-1. The school board shall fix the | |
| 1056 | + | 24 compensation of its school treasurer, and for sufficient cause | |
| 1057 | + | 25 may remove the school treasurer from office. However, if a | |
| 1058 | + | 26 member of the school board is also school treasurer, he or she | |
| 1059 | + | ||
| 1060 | + | ||
| 1061 | + | ||
| 1062 | + | ||
| 1063 | + | ||
| 1064 | + | HB0305 Enrolled - 30 - LRB103 03832 RJT 48838 b | |
| 1065 | + | ||
| 1066 | + | ||
| 1067 | + | HB0305 Enrolled- 31 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 31 - LRB103 03832 RJT 48838 b | |
| 1068 | + | HB0305 Enrolled - 31 - LRB103 03832 RJT 48838 b | |
| 1069 | + | 1 shall perform his or her duties as school treasurer without | |
| 1070 | + | 2 compensation. In the case of a vacancy, the school board shall | |
| 1071 | + | 3 appoint a school treasurer for the unexpired term. The school | |
| 1072 | + | 4 board may determine the temporary incapacity of its treasurer | |
| 1073 | + | 5 due to illness, absence from the district, or other cause that | |
| 1074 | + | 6 prevents the prompt performance of his duties and may appoint | |
| 1075 | + | 7 an acting treasurer to serve until the school board determines | |
| 1076 | + | 8 that the temporary incapacity of its treasurer no longer | |
| 1077 | + | 9 exists. | |
| 1078 | + | 10 (d) After October 1, 1977, each treasurer in a Class I | |
| 1079 | + | 11 county school unit appointed under this Section for his first | |
| 1080 | + | 12 term shall have a financial background or related experience | |
| 1081 | + | 13 or 12 semester hours of credit of college level accounting. | |
| 1082 | + | 14 (e) After August 14, 1989, any treasurer appointed under | |
| 1083 | + | 15 this Section for his first term in Class II county school | |
| 1084 | + | 16 units, including any person appointed by a school board to | |
| 1085 | + | 17 serve as its treasurer as provided in subsection (c) of this | |
| 1086 | + | 18 Section, shall be a certified public accountant or a certified | |
| 1087 | + | 19 chief school business official as defined in part (3) of | |
| 1088 | + | 20 Section 21-7.3 of this Act. Experience as a township treasurer | |
| 1089 | + | 21 in a Class II county school unit prior to July 1, 1989 shall be | |
| 1090 | + | 22 deemed the equivalent of certification. | |
| 1091 | + | 23 (f) Concurrently with the election or appointment of its | |
| 1092 | + | 24 own school treasurer by the school board of a school district | |
| 1093 | + | 25 which forms a part of a Class II county school unit but which | |
| 1094 | + | 26 no longer is subject to the jurisdiction and authority of a | |
| 1095 | + | ||
| 1096 | + | ||
| 1097 | + | ||
| 1098 | + | ||
| 1099 | + | ||
| 1100 | + | HB0305 Enrolled - 31 - LRB103 03832 RJT 48838 b | |
| 1101 | + | ||
| 1102 | + | ||
| 1103 | + | HB0305 Enrolled- 32 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 32 - LRB103 03832 RJT 48838 b | |
| 1104 | + | HB0305 Enrolled - 32 - LRB103 03832 RJT 48838 b | |
| 1105 | + | 1 township treasurer or trustees of schools of a township | |
| 1106 | + | 2 because the district has withdrawn from the jurisdiction and | |
| 1107 | + | 3 authority of the township treasurer and trustees of schools of | |
| 1108 | + | 4 the township or because those offices have been abolished as | |
| 1109 | + | 5 provided in subsection (b) or (c) of Section 5-1, all funds, | |
| 1110 | + | 6 accounts, moneys, notes, bonds, mortgages and effects then | |
| 1111 | + | 7 held by such township treasurer on behalf or for the use and | |
| 1112 | + | 8 benefit of, or then credited by such township treasurer to any | |
| 1113 | + | 9 fund or account of such school district shall thereupon be | |
| 1114 | + | 10 transferred and paid over by such township treasurer to the | |
| 1115 | + | 11 school treasurer elected or appointed by the school board of | |
| 1116 | + | 12 such school district. In addition the school treasurer of such | |
| 1117 | + | 13 school district shall have the right, at all reasonable times, | |
| 1118 | + | 14 to inspect all cash books, loan books, district account books | |
| 1119 | + | 15 and journals kept by such township treasurer as provided in | |
| 1120 | + | 16 Section 8-5 and to copy or otherwise reproduce such portions | |
| 1121 | + | 17 thereof as such school treasurer deems necessary for the | |
| 1122 | + | 18 performance of his duties. | |
| 1123 | + | 19 (g) Upon the abolition of the offices of the township | |
| 1124 | + | 20 treasurer and trustee of schools of a township as provided in | |
| 1125 | + | 21 subsection (c) of Section 5-1, and subject to the limitation | |
| 1126 | + | 22 of subsection (b) of Section 8-5 with respect to certain | |
| 1127 | + | 23 records to be surrendered to the regional board of school | |
| 1128 | + | 24 trustees, and except as otherwise provided in subsection (c) | |
| 1129 | + | 25 of Section 5-1 with respect to the common school lands and | |
| 1130 | + | 26 township loanable funds of that township and with respect to | |
| 1131 | + | ||
| 1132 | + | ||
| 1133 | + | ||
| 1134 | + | ||
| 1135 | + | ||
| 1136 | + | HB0305 Enrolled - 32 - LRB103 03832 RJT 48838 b | |
| 1137 | + | ||
| 1138 | + | ||
| 1139 | + | HB0305 Enrolled- 33 -LRB103 03832 RJT 48838 b HB0305 Enrolled - 33 - LRB103 03832 RJT 48838 b | |
| 1140 | + | HB0305 Enrolled - 33 - LRB103 03832 RJT 48838 b | |
| 1141 | + | 1 the records, books and accounts relating to those common | |
| 1142 | + | 2 school lands and township loanable funds, all school funds and | |
| 1143 | + | 3 accounts, moneys, notes, bonds, securities, district account | |
| 1144 | + | 4 books and other documents, records and effects then held by | |
| 1145 | + | 5 the former township treasurer on behalf or for the use and | |
| 1146 | + | 6 benefit of, or then credited by the former township treasurer | |
| 1147 | + | 7 to any fund or account of any school district that was under | |
| 1148 | + | 8 the jurisdiction and authority of the township treasurer at | |
| 1149 | + | 9 the time the office of that township treasurer was abolished | |
| 1150 | + | 10 shall thereupon be transferred and paid over by the former | |
| 1151 | + | 11 township treasurer to the appropriate school treasurer | |
| 1152 | + | 12 appointed by the school board of each such district under | |
| 1153 | + | 13 subsection (c) of this Section 8-1. | |
| 1154 | + | 14 (h) If the school district of a school treasurer elected | |
| 1155 | + | 15 or appointed under this Section is receiving emergency State | |
| 1156 | + | 16 financial assistance under Article 1B, that school treasurer | |
| 1157 | + | 17 is subject to the provisions of Article 1B. | |
| 1158 | + | 18 (Source: P.A. 96-538, eff. 8-14-09.) | |
| 1159 | + | ||
| 1160 | + | ||
| 1161 | + | ||
| 1162 | + | ||
| 1163 | + | ||
| 1164 | + | HB0305 Enrolled - 33 - LRB103 03832 RJT 48838 b |