| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0144 | |
| 2 | 1 | HB2160 EnrolledLRB103 30168 RJT 56596 b HB2160 Enrolled LRB103 30168 RJT 56596 b | |
| 3 | 2 | HB2160 Enrolled LRB103 30168 RJT 56596 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 Section | |
| 8 | - | 5-1 as follows: | |
| 9 | - | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) | |
| 10 | - | Sec. 5-1. County school units. | |
| 11 | - | (a) The territory in each county, exclusive of any school | |
| 12 | - | district governed by any special act which requires the | |
| 13 | - | district to appoint its own school treasurer, shall constitute | |
| 14 | - | a county school unit. County school units of less than | |
| 15 | - | 2,000,000 inhabitants shall be known as Class I county school | |
| 16 | - | units and the office of township trustees, where existing on | |
| 17 | - | July 1, 1962, in such units shall be abolished on that date and | |
| 18 | - | all books and records of such former township trustees shall | |
| 19 | - | be forthwith thereafter transferred to the county board of | |
| 20 | - | school trustees. County school units of 2,000,000 or more | |
| 21 | - | inhabitants shall be known as Class II county school units and | |
| 22 | - | shall retain the office of township trustees unless otherwise | |
| 23 | - | provided in subsection (b) or (c). | |
| 24 | - | (b) Notwithstanding subsections (a) and (c), the school | |
| 25 | - | board of any elementary school district having a fall, 1989 | |
| 26 | - | aggregate enrollment of at least 2,500 but less than 6,500 | |
| 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 Section | |
| 7 | + | 5 5-1 as follows: | |
| 8 | + | 6 (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) | |
| 9 | + | 7 Sec. 5-1. County school units. | |
| 10 | + | 8 (a) The territory in each county, exclusive of any school | |
| 11 | + | 9 district governed by any special act which requires the | |
| 12 | + | 10 district to appoint its own school treasurer, shall constitute | |
| 13 | + | 11 a county school unit. County school units of less than | |
| 14 | + | 12 2,000,000 inhabitants shall be known as Class I county school | |
| 15 | + | 13 units and the office of township trustees, where existing on | |
| 16 | + | 14 July 1, 1962, in such units shall be abolished on that date and | |
| 17 | + | 15 all books and records of such former township trustees shall | |
| 18 | + | 16 be forthwith thereafter transferred to the county board of | |
| 19 | + | 17 school trustees. County school units of 2,000,000 or more | |
| 20 | + | 18 inhabitants shall be known as Class II county school units and | |
| 21 | + | 19 shall retain the office of township trustees unless otherwise | |
| 22 | + | 20 provided in subsection (b) or (c). | |
| 23 | + | 21 (b) Notwithstanding subsections (a) and (c), the school | |
| 24 | + | 22 board of any elementary school district having a fall, 1989 | |
| 25 | + | 23 aggregate enrollment of at least 2,500 but less than 6,500 | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB2160 Enrolled LRB103 30168 RJT 56596 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | pupils and having boundaries that are coterminous with the | |
| 34 | - | boundaries of a high school district, and the school board of | |
| 35 | - | any high school district having a fall, 1989 aggregate | |
| 36 | - | enrollment of at least 2,500 but less than 6,500 pupils and | |
| 37 | - | having boundaries that are coterminous with the boundaries of | |
| 38 | - | an elementary school district, may, whenever the territory of | |
| 39 | - | such school district forms a part of a Class II county school | |
| 40 | - | unit, by proper resolution withdraw such school district from | |
| 41 | - | the jurisdiction and authority of the trustees of schools of | |
| 42 | - | the township in which such school district is located and from | |
| 43 | - | the jurisdiction and authority of the township treasurer in | |
| 44 | - | such Class II county school unit; provided that the school | |
| 45 | - | board of any such school district shall, upon the adoption and | |
| 46 | - | passage of such resolution, thereupon elect or appoint its own | |
| 47 | - | school treasurer as provided in Section 8-1. Upon the adoption | |
| 48 | - | and passage of such resolution and the election or appointment | |
| 49 | - | by the school board of its own school treasurer: (1) the | |
| 50 | - | trustees of schools in such township shall no longer have or | |
| 51 | - | exercise any powers and duties with respect to the school | |
| 52 | - | district governed by such school board or with respect to the | |
| 53 | - | school business, operations or assets of such school district; | |
| 54 | - | and (2) all books and records of the township trustees | |
| 55 | - | relating to the school business and affairs of such school | |
| 56 | - | district shall be transferred and delivered to the school | |
| 57 | - | board of such school district. Upon the effective date of this | |
| 58 | - | amendatory Act of 1993, the legal title to, and all right, | |
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| 33 | + | HB2160 Enrolled - 2 - LRB103 30168 RJT 56596 b | |
| 34 | + | 1 pupils and having boundaries that are coterminous with the | |
| 35 | + | 2 boundaries of a high school district, and the school board of | |
| 36 | + | 3 any high school district having a fall, 1989 aggregate | |
| 37 | + | 4 enrollment of at least 2,500 but less than 6,500 pupils and | |
| 38 | + | 5 having boundaries that are coterminous with the boundaries of | |
| 39 | + | 6 an elementary school district, may, whenever the territory of | |
| 40 | + | 7 such school district forms a part of a Class II county school | |
| 41 | + | 8 unit, by proper resolution withdraw such school district from | |
| 42 | + | 9 the jurisdiction and authority of the trustees of schools of | |
| 43 | + | 10 the township in which such school district is located and from | |
| 44 | + | 11 the jurisdiction and authority of the township treasurer in | |
| 45 | + | 12 such Class II county school unit; provided that the school | |
| 46 | + | 13 board of any such school district shall, upon the adoption and | |
| 47 | + | 14 passage of such resolution, thereupon elect or appoint its own | |
| 48 | + | 15 school treasurer as provided in Section 8-1. Upon the adoption | |
| 49 | + | 16 and passage of such resolution and the election or appointment | |
| 50 | + | 17 by the school board of its own school treasurer: (1) the | |
| 51 | + | 18 trustees of schools in such township shall no longer have or | |
| 52 | + | 19 exercise any powers and duties with respect to the school | |
| 53 | + | 20 district governed by such school board or with respect to the | |
| 54 | + | 21 school business, operations or assets of such school district; | |
| 55 | + | 22 and (2) all books and records of the township trustees | |
| 56 | + | 23 relating to the school business and affairs of such school | |
| 57 | + | 24 district shall be transferred and delivered to the school | |
| 58 | + | 25 board of such school district. Upon the effective date of this | |
| 59 | + | 26 amendatory Act of 1993, the legal title to, and all right, | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | title and interest formerly held by the township trustees in | |
| 62 | - | any school buildings and school sites used and occupied by the | |
| 63 | - | school board of such school district for school purposes, that | |
| 64 | - | legal title, right, title and interest thereafter having been | |
| 65 | - | transferred to and vested in the regional board of school | |
| 66 | - | trustees under P.A. 87-473 until the abolition of that | |
| 67 | - | regional board of school trustees by P.A. 87-969, shall be | |
| 68 | - | deemed transferred by operation of law to and shall vest in the | |
| 69 | - | school board of that school district. | |
| 70 | - | Notwithstanding subsections (a) and (c), the school boards | |
| 71 | - | of Oak Park & River Forest District 200, Oak Park Elementary | |
| 72 | - | School District 97, and River Forest School District 90 may, | |
| 73 | - | by proper resolution, withdraw from the jurisdiction and | |
| 74 | - | authority of the trustees of schools of Proviso and Cicero | |
| 75 | - | Townships and the township treasurer, provided that the school | |
| 76 | - | board shall, upon the adoption and passage of the resolution, | |
| 77 | - | elect or appoint its own school treasurer as provided in | |
| 78 | - | Section 8-1 of this Code. Upon the adoption and passage of the | |
| 79 | - | resolution and the election or appointment by the school board | |
| 80 | - | of its own school treasurer: (1) the trustees of schools in the | |
| 81 | - | township or townships shall no longer have or exercise any | |
| 82 | - | powers or duties with respect to the school district or with | |
| 83 | - | respect to the school business, operations, or assets of the | |
| 84 | - | school district; (2) all books and records of the trustees of | |
| 85 | - | schools and all moneys, securities, loanable funds, and other | |
| 86 | - | assets relating to the school business and affairs of the | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | school district shall be transferred and delivered to the | |
| 90 | - | school board; and (3) all legal title to and all right, title, | |
| 91 | - | and interest formerly held by the trustees of schools in any | |
| 92 | - | common school lands, school buildings, or school sites used | |
| 93 | - | and occupied by the school board and all rights of property and | |
| 94 | - | causes of action pertaining to or constituting a part of the | |
| 95 | - | common school lands, buildings, or sites shall be deemed | |
| 96 | - | transferred by operation of law to and shall vest in the school | |
| 97 | - | board. | |
| 98 | - | Notwithstanding subsections (a) and (c), the respective | |
| 99 | - | school boards of Berwyn North School District 98, Berwyn South | |
| 100 | - | School District 100, Cicero School District 99, and J.S. | |
| 101 | - | Morton High School District 201 may, by proper resolution, | |
| 102 | - | withdraw from the jurisdiction and authority of the trustees | |
| 103 | - | of schools of Cicero Township and the township treasurer, | |
| 104 | - | provided that the school board shall, upon the adoption and | |
| 105 | - | passage of the resolution, elect or appoint its own school | |
| 106 | - | treasurer as provided in Section 8-1 of this Code. Upon the | |
| 107 | - | adoption and passage of the resolution and the election or | |
| 108 | - | appointment by the school board of its own school treasurer: | |
| 109 | - | (1) the trustees of schools in the township shall no longer | |
| 110 | - | have or exercise any powers or duties with respect to the | |
| 111 | - | school district or with respect to the school business, | |
| 112 | - | operations, or assets of the school district; (2) all books | |
| 113 | - | and records of the trustees of schools and all moneys, | |
| 114 | - | securities, loanable funds, and other assets relating to the | |
| 64 | + | ||
| 65 | + | HB2160 Enrolled - 2 - LRB103 30168 RJT 56596 b | |
| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | school business and affairs of the school district shall be | |
| 118 | - | transferred and delivered to the school board; and (3) all | |
| 119 | - | legal title to and all right, title, and interest formerly | |
| 120 | - | held by the trustees of schools in any common school lands, | |
| 121 | - | school buildings, or school sites used and occupied by the | |
| 122 | - | school board and all rights of property and causes of action | |
| 123 | - | pertaining to or constituting a part of the common school | |
| 124 | - | lands, buildings, or sites shall be deemed transferred by | |
| 125 | - | operation of law to and shall vest in the school board. | |
| 126 | - | Notwithstanding subsections (a) and (c) of this Section | |
| 127 | - | and upon final judgment, including the exhaustion of all | |
| 128 | - | appeals or a settlement between all parties, regarding claims | |
| 129 | - | set forth in the case of Township Trustees of Schools Township | |
| 130 | - | 38 North, Range 12 East v. Lyons Township High School District | |
| 131 | - | No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | |
| 132 | - | Court of Cook County, Illinois, County Department, Chancery | |
| 133 | - | Division, and all related pending claims, the school board of | |
| 134 | - | Lyons Township High School District 204 may commence, by | |
| 135 | - | proper resolution, to withdraw from the jurisdiction and | |
| 136 | - | authority of the trustees of schools of Lyons Township and the | |
| 137 | - | township treasurer, provided that the school board shall, upon | |
| 138 | - | the adoption and passage of the resolution, elect or appoint | |
| 139 | - | its own school treasurer as provided in Section 8-1 of this | |
| 140 | - | Code. Upon the adoption and passage of the resolution and the | |
| 141 | - | election or appointment by the school board of its own school | |
| 142 | - | treasurer commencing with the first day of the succeeding | |
| 68 | + | HB2160 Enrolled- 3 -LRB103 30168 RJT 56596 b HB2160 Enrolled - 3 - LRB103 30168 RJT 56596 b | |
| 69 | + | HB2160 Enrolled - 3 - LRB103 30168 RJT 56596 b | |
| 70 | + | 1 title and interest formerly held by the township trustees in | |
| 71 | + | 2 any school buildings and school sites used and occupied by the | |
| 72 | + | 3 school board of such school district for school purposes, that | |
| 73 | + | 4 legal title, right, title and interest thereafter having been | |
| 74 | + | 5 transferred to and vested in the regional board of school | |
| 75 | + | 6 trustees under P.A. 87-473 until the abolition of that | |
| 76 | + | 7 regional board of school trustees by P.A. 87-969, shall be | |
| 77 | + | 8 deemed transferred by operation of law to and shall vest in the | |
| 78 | + | 9 school board of that school district. | |
| 79 | + | 10 Notwithstanding subsections (a) and (c), the school boards | |
| 80 | + | 11 of Oak Park & River Forest District 200, Oak Park Elementary | |
| 81 | + | 12 School District 97, and River Forest School District 90 may, | |
| 82 | + | 13 by proper resolution, withdraw from the jurisdiction and | |
| 83 | + | 14 authority of the trustees of schools of Proviso and Cicero | |
| 84 | + | 15 Townships and the township treasurer, provided that the school | |
| 85 | + | 16 board shall, upon the adoption and passage of the resolution, | |
| 86 | + | 17 elect or appoint its own school treasurer as provided in | |
| 87 | + | 18 Section 8-1 of this Code. Upon the adoption and passage of the | |
| 88 | + | 19 resolution and the election or appointment by the school board | |
| 89 | + | 20 of its own school treasurer: (1) the trustees of schools in the | |
| 90 | + | 21 township or townships shall no longer have or exercise any | |
| 91 | + | 22 powers or duties with respect to the school district or with | |
| 92 | + | 23 respect to the school business, operations, or assets of the | |
| 93 | + | 24 school district; (2) all books and records of the trustees of | |
| 94 | + | 25 schools and all moneys, securities, loanable funds, and other | |
| 95 | + | 26 assets relating to the school business and affairs of the | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | fiscal year, but not prior to July 1, 2019: (1) the trustees of | |
| 146 | - | schools in the township shall no longer have or exercise any | |
| 147 | - | powers or duties with respect to the school district or with | |
| 148 | - | respect to the school business, operations, or assets of the | |
| 149 | - | school district; (2) all books and records of the trustees of | |
| 150 | - | schools and all moneys, securities, loanable funds, and other | |
| 151 | - | assets relating to the school business and affairs of the | |
| 152 | - | school district shall be transferred and delivered to the | |
| 153 | - | school board, allowing for a reasonable period of time not to | |
| 154 | - | exceed 90 days to liquidate any pooled investments; and (3) | |
| 155 | - | all legal title to and all right, title, and interest formerly | |
| 156 | - | held by the trustees of schools in any common school lands, | |
| 157 | - | school buildings, or school sites used and occupied by the | |
| 158 | - | school board and all rights of property and causes of action | |
| 159 | - | pertaining to or constituting a part of the common school | |
| 160 | - | lands, buildings, or sites shall be deemed transferred by | |
| 161 | - | operation of law to and shall vest in the school board. The | |
| 162 | - | changes made to this Section by this amendatory Act of the | |
| 163 | - | 100th General Assembly are prospective only, starting from the | |
| 164 | - | effective date of this amendatory Act of the 100th General | |
| 165 | - | Assembly, and shall not affect any legal action pending on the | |
| 166 | - | effective date of this amendatory Act of the 100th General | |
| 167 | - | Assembly in the Illinois courts in which Lyons Township High | |
| 168 | - | School District 204 is a listed party. | |
| 169 | - | Notwithstanding subsections (a) and (c), the school boards | |
| 170 | - | of Glenbrook High School District 225, Northbrook Elementary | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | School District 27, Northbrook School District 28, Sunset | |
| 174 | - | Ridge School District 29, Northbrook/Glenview School District | |
| 175 | - | 30, West Northfield School District 31, and Glenview Community | |
| 176 | - | Consolidated School District 34 may, by proper resolution, | |
| 177 | - | withdraw from the jurisdiction and authority of the trustees | |
| 178 | - | of schools of Northfield and Maine Townships and the township | |
| 179 | - | treasurer, provided that the school board shall, upon the | |
| 180 | - | adoption and passage of the resolution, elect or appoint its | |
| 181 | - | own school treasurer as provided in Section 8-1 of this Code. | |
| 182 | - | Upon the adoption and passage of the resolution and the | |
| 183 | - | election or appointment by the school board of its own school | |
| 184 | - | treasurer: (1) the trustees of schools in the township or | |
| 185 | - | townships shall no longer have or exercise any powers or | |
| 186 | - | duties with respect to the school district or with respect to | |
| 187 | - | the school business, operations, or assets of the school | |
| 188 | - | district; (2) all books and records of the trustees of schools | |
| 189 | - | and all moneys, securities, loanable funds, and other assets | |
| 190 | - | relating to the school business and affairs of the school | |
| 191 | - | district shall be transferred and delivered to the school | |
| 192 | - | board; and (3) all legal title to and all right, title, and | |
| 193 | - | interest formerly held by the trustees of schools in any | |
| 194 | - | common school lands, school buildings, or school sites used | |
| 195 | - | and occupied by the school board and all rights of property and | |
| 196 | - | causes of action pertaining to or constituting a part of the | |
| 197 | - | common school lands, buildings, or sites shall be deemed | |
| 198 | - | transferred by operation of law to and shall vest in the school | |
| 100 | + | ||
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| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | board. | |
| 202 | - | (c) Notwithstanding the provisions of subsection (a), the | |
| 203 | - | offices of township treasurer and trustee of schools of any | |
| 204 | - | township located in a Class II county school unit shall be | |
| 205 | - | abolished as provided in this subsection if all of the | |
| 206 | - | following conditions are met: | |
| 207 | - | (1) During the same 30 day period, each school board | |
| 208 | - | of each elementary and unit school district that is | |
| 209 | - | subject to the jurisdiction and authority of the township | |
| 210 | - | treasurer and trustees of schools of the township in which | |
| 211 | - | those offices are sought to be abolished gives written | |
| 212 | - | notice by certified mail, return receipt requested to the | |
| 213 | - | township treasurer and trustees of schools of that | |
| 214 | - | township of the date of a meeting of the school board, to | |
| 215 | - | be held not more than 90 nor less than 60 days after the | |
| 216 | - | date when the notice is given, at which meeting the school | |
| 217 | - | board is to consider and vote upon the question of whether | |
| 218 | - | there shall be submitted to the electors of the school | |
| 219 | - | district a proposition to abolish the offices of township | |
| 220 | - | treasurer and trustee of schools of that township. None of | |
| 221 | - | the notices given under this paragraph to the township | |
| 222 | - | treasurer and trustees of schools of a township shall be | |
| 223 | - | deemed sufficient or in compliance with the requirements | |
| 224 | - | of this paragraph unless all of those notices are given | |
| 225 | - | within the same 30 day period. | |
| 226 | - | (2) Each school board of each elementary and unit | |
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| 105 | + | HB2160 Enrolled - 4 - LRB103 30168 RJT 56596 b | |
| 106 | + | 1 school district shall be transferred and delivered to the | |
| 107 | + | 2 school board; and (3) all legal title to and all right, title, | |
| 108 | + | 3 and interest formerly held by the trustees of schools in any | |
| 109 | + | 4 common school lands, school buildings, or school sites used | |
| 110 | + | 5 and occupied by the school board and all rights of property and | |
| 111 | + | 6 causes of action pertaining to or constituting a part of the | |
| 112 | + | 7 common school lands, buildings, or sites shall be deemed | |
| 113 | + | 8 transferred by operation of law to and shall vest in the school | |
| 114 | + | 9 board. | |
| 115 | + | 10 Notwithstanding subsections (a) and (c), the respective | |
| 116 | + | 11 school boards of Berwyn North School District 98, Berwyn South | |
| 117 | + | 12 School District 100, Cicero School District 99, and J.S. | |
| 118 | + | 13 Morton High School District 201 may, by proper resolution, | |
| 119 | + | 14 withdraw from the jurisdiction and authority of the trustees | |
| 120 | + | 15 of schools of Cicero Township and the township treasurer, | |
| 121 | + | 16 provided that the school board shall, upon the adoption and | |
| 122 | + | 17 passage of the resolution, elect or appoint its own school | |
| 123 | + | 18 treasurer as provided in Section 8-1 of this Code. Upon the | |
| 124 | + | 19 adoption and passage of the resolution and the election or | |
| 125 | + | 20 appointment by the school board of its own school treasurer: | |
| 126 | + | 21 (1) the trustees of schools in the township shall no longer | |
| 127 | + | 22 have or exercise any powers or duties with respect to the | |
| 128 | + | 23 school district or with respect to the school business, | |
| 129 | + | 24 operations, or assets of the school district; (2) all books | |
| 130 | + | 25 and records of the trustees of schools and all moneys, | |
| 131 | + | 26 securities, loanable funds, and other assets relating to the | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | school district that is subject to the jurisdiction and | |
| 230 | - | authority of the township treasurer and trustees of | |
| 231 | - | schools of the township in which those offices are sought | |
| 232 | - | to be abolished, by the affirmative vote of at least 5 | |
| 233 | - | members of the school board at a school board meeting of | |
| 234 | - | which notice is given as required by paragraph (1) of this | |
| 235 | - | subsection, adopts a resolution requiring the secretary of | |
| 236 | - | the school board to certify to the proper election | |
| 237 | - | authorities for submission to the electors of the school | |
| 238 | - | district at the next consolidated election in accordance | |
| 239 | - | with the general election law a proposition to abolish the | |
| 240 | - | offices of township treasurer and trustee of schools of | |
| 241 | - | that township. None of the resolutions adopted under this | |
| 242 | - | paragraph by any elementary or unit school districts that | |
| 243 | - | are subject to the jurisdiction and authority of the | |
| 244 | - | township treasurer and trustees of schools of the township | |
| 245 | - | in which those offices are sought to be abolished shall be | |
| 246 | - | deemed in compliance with the requirements of this | |
| 247 | - | paragraph or sufficient to authorize submission of the | |
| 248 | - | proposition to abolish those offices to a referendum of | |
| 249 | - | the electors in any such school district unless all of the | |
| 250 | - | school boards of all of the elementary and unit school | |
| 251 | - | districts that are subject to the jurisdiction and | |
| 252 | - | authority of the township treasurer and trustees of | |
| 253 | - | schools of that township adopt such a resolution in | |
| 254 | - | accordance with the provisions of this paragraph. | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | (3) The school boards of all of the elementary and | |
| 258 | - | unit school districts that are subject to the jurisdiction | |
| 259 | - | and authority of the township treasurer and trustees of | |
| 260 | - | schools of the township in which those offices are sought | |
| 261 | - | to be abolished submit a proposition to abolish the | |
| 262 | - | offices of township treasurer and trustee of schools of | |
| 263 | - | that township to the electors of their respective school | |
| 264 | - | districts at the same consolidated election in accordance | |
| 265 | - | with the general election law, the ballot in each such | |
| 266 | - | district to be in substantially the following form: | |
| 267 | - | ------------------------------------------------------------- | |
| 268 | - | OFFICIAL BALLOT | |
| 269 | - | Shall the offices of township | |
| 270 | - | treasurer and YES | |
| 271 | - | trustee of ------------- | |
| 272 | - | schools of Township ..... NO | |
| 273 | - | Range ..... be abolished? | |
| 274 | - | ------------------------------------------------------------- | |
| 275 | - | (4) At the consolidated election at which the | |
| 276 | - | proposition to abolish the offices of township treasurer | |
| 277 | - | and trustee of schools of a township is submitted to the | |
| 278 | - | electors of each elementary and unit school district that | |
| 279 | - | is subject to the jurisdiction and authority of the | |
| 280 | - | township treasurer and trustee of schools of that | |
| 281 | - | township, a majority of the electors voting on the | |
| 282 | - | proposition in each such elementary and unit school | |
| 136 | + | ||
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| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | district votes in favor of the proposition as submitted to | |
| 286 | - | them. | |
| 287 | - | If in each elementary and unit school district that is | |
| 288 | - | subject to the jurisdiction and authority of the township | |
| 289 | - | treasurer and trustees of schools of the township in which | |
| 290 | - | those offices are sought to be abolished a majority of the | |
| 291 | - | electors in each such district voting at the consolidated | |
| 292 | - | election on the proposition to abolish the offices of township | |
| 293 | - | treasurer and trustee of schools of that township votes in | |
| 294 | - | favor of the proposition as submitted to them, the proposition | |
| 295 | - | shall be deemed to have passed; but if in any such elementary | |
| 296 | - | or unit school district a majority of the electors voting on | |
| 297 | - | that proposition in that district fails to vote in favor of the | |
| 298 | - | proposition as submitted to them, then notwithstanding the | |
| 299 | - | vote of the electors in any other such elementary or unit | |
| 300 | - | school district on that proposition the proposition shall not | |
| 301 | - | be deemed to have passed in any of those elementary or unit | |
| 302 | - | school districts, and the offices of township treasurer and | |
| 303 | - | trustee of schools of the township in which those offices were | |
| 304 | - | sought to be abolished shall not be abolished, unless in each | |
| 305 | - | of those elementary and unit school districts remaining | |
| 306 | - | subject to the jurisdiction and authority of the township | |
| 307 | - | treasurer and trustees of schools of that township proceedings | |
| 308 | - | are again initiated to abolish those offices and all of the | |
| 309 | - | proceedings and conditions prescribed in paragraphs (1) | |
| 310 | - | through (4) of this subsection are repeated and met in each of | |
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| 142 | + | 1 school business and affairs of the school district shall be | |
| 143 | + | 2 transferred and delivered to the school board; and (3) all | |
| 144 | + | 3 legal title to and all right, title, and interest formerly | |
| 145 | + | 4 held by the trustees of schools in any common school lands, | |
| 146 | + | 5 school buildings, or school sites used and occupied by the | |
| 147 | + | 6 school board and all rights of property and causes of action | |
| 148 | + | 7 pertaining to or constituting a part of the common school | |
| 149 | + | 8 lands, buildings, or sites shall be deemed transferred by | |
| 150 | + | 9 operation of law to and shall vest in the school board. | |
| 151 | + | 10 Notwithstanding subsections (a) and (c) of this Section | |
| 152 | + | 11 and upon final judgment, including the exhaustion of all | |
| 153 | + | 12 appeals or a settlement between all parties, regarding claims | |
| 154 | + | 13 set forth in the case of Township Trustees of Schools Township | |
| 155 | + | 14 38 North, Range 12 East v. Lyons Township High School District | |
| 156 | + | 15 No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | |
| 157 | + | 16 Court of Cook County, Illinois, County Department, Chancery | |
| 158 | + | 17 Division, and all related pending claims, the school board of | |
| 159 | + | 18 Lyons Township High School District 204 may commence, by | |
| 160 | + | 19 proper resolution, to withdraw from the jurisdiction and | |
| 161 | + | 20 authority of the trustees of schools of Lyons Township and the | |
| 162 | + | 21 township treasurer, provided that the school board shall, upon | |
| 163 | + | 22 the adoption and passage of the resolution, elect or appoint | |
| 164 | + | 23 its own school treasurer as provided in Section 8-1 of this | |
| 165 | + | 24 Code. Upon the adoption and passage of the resolution and the | |
| 166 | + | 25 election or appointment by the school board of its own school | |
| 167 | + | 26 treasurer commencing with the first day of the succeeding | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | those elementary and unit school districts. | |
| 314 | - | Notwithstanding the foregoing provisions of this Section | |
| 315 | - | or any other provision of the School Code, the offices of | |
| 316 | - | township treasurer and trustee of schools of a township that | |
| 317 | - | has a population of less than 200,000 and that contains a unit | |
| 318 | - | school district and is located in a Class II county school unit | |
| 319 | - | shall also be abolished as provided in this subsection if all | |
| 320 | - | of the conditions set forth in paragraphs (1), (2), and (3) of | |
| 321 | - | this subsection are met and if the following additional | |
| 322 | - | condition is met: | |
| 323 | - | The electors in all of the school districts subject to | |
| 324 | - | the jurisdiction and authority of the township treasurer | |
| 325 | - | and trustees of schools of the township in which those | |
| 326 | - | offices are sought to be abolished shall vote at the | |
| 327 | - | consolidated election on the proposition to abolish the | |
| 328 | - | offices of township treasurer and trustee of schools of | |
| 329 | - | that township. If a majority of the electors in all of the | |
| 330 | - | school districts combined voting on the proposition vote | |
| 331 | - | in favor of the proposition, then the proposition shall be | |
| 332 | - | deemed to have passed; but if a majority of the electors | |
| 333 | - | voting on the proposition in all of the school district | |
| 334 | - | fails to vote in favor of the proposition as submitted to | |
| 335 | - | them, then the proposition shall not be deemed to have | |
| 336 | - | passed and the offices of township treasurer and trustee | |
| 337 | - | of schools of the township in which those offices were | |
| 338 | - | sought to be abolished shall not be abolished, unless and | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | until the proceedings detailed in paragraphs (1) through | |
| 342 | - | (3) of this subsection and the conditions set forth in | |
| 343 | - | this paragraph are met. | |
| 344 | - | If the proposition to abolish the offices of township | |
| 345 | - | treasurer and trustee of schools of a township is deemed to | |
| 346 | - | have passed at the consolidated election as provided in this | |
| 347 | - | subsection, those offices shall be deemed abolished by | |
| 348 | - | operation of law effective on January 1 of the calendar year | |
| 349 | - | immediately following the calendar year in which that | |
| 350 | - | consolidated election is held, provided that if after the | |
| 351 | - | election, the trustees of schools by resolution elect to | |
| 352 | - | abolish the offices of township treasurer and trustee of | |
| 353 | - | schools effective on July 1 immediately following the | |
| 354 | - | election, then the offices shall be abolished on July 1 | |
| 355 | - | immediately following the election. On the date that the | |
| 356 | - | offices of township treasurer and trustee of schools of a | |
| 357 | - | township are deemed abolished by operation of law, the school | |
| 358 | - | board of each elementary and unit school district and the | |
| 359 | - | school board of each high school district that is subject to | |
| 360 | - | the jurisdiction and authority of the township treasurer and | |
| 361 | - | trustees of schools of that township at the time those offices | |
| 362 | - | are abolished: (i) shall appoint its own school treasurer as | |
| 363 | - | provided in Section 8-1; and (ii) unless the term of the | |
| 364 | - | contract of a township treasurer expires on the date that the | |
| 365 | - | office of township treasurer is abolished, shall pay to the | |
| 366 | - | former township treasurer its proportionate share of any | |
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| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | aggregate compensation that, were the office of township | |
| 370 | - | treasurer not abolished at that time, would have been payable | |
| 371 | - | to the former township treasurer after that date over the | |
| 372 | - | remainder of the term of the contract of the former township | |
| 373 | - | treasurer that began prior to but ends after that date. In | |
| 374 | - | addition, on the date that the offices of township treasurer | |
| 375 | - | and trustee of schools of a township are deemed abolished as | |
| 376 | - | provided in this subsection, the school board of each | |
| 377 | - | elementary school, high school and unit school district that | |
| 378 | - | until that date is subject to the jurisdiction and authority | |
| 379 | - | of the township treasurer and trustees of schools of that | |
| 380 | - | township shall be deemed by operation of law to have agreed and | |
| 381 | - | assumed to pay and, when determined, shall pay to the Illinois | |
| 382 | - | Municipal Retirement Fund a proportionate share of the | |
| 383 | - | unfunded liability existing in that Fund at the time these | |
| 384 | - | offices are abolished in that calendar year for all annuities | |
| 385 | - | or other benefits then or thereafter to become payable from | |
| 386 | - | that Fund with respect to all periods of service performed | |
| 387 | - | prior to that date as a participating employee in that Fund by | |
| 388 | - | persons serving during those periods of service as a trustee | |
| 389 | - | of schools, township treasurer or regular employee in the | |
| 390 | - | office of the township treasurer of that township. That | |
| 391 | - | unfunded liability shall be actuarially determined by the | |
| 392 | - | board of trustees of the Illinois Municipal Retirement Fund, | |
| 393 | - | and the board of trustees shall thereupon notify each school | |
| 394 | - | board required to pay a proportionate share of that unfunded | |
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| 178 | + | 1 fiscal year, but not prior to July 1, 2019: (1) the trustees of | |
| 179 | + | 2 schools in the township shall no longer have or exercise any | |
| 180 | + | 3 powers or duties with respect to the school district or with | |
| 181 | + | 4 respect to the school business, operations, or assets of the | |
| 182 | + | 5 school district; (2) all books and records of the trustees of | |
| 183 | + | 6 schools and all moneys, securities, loanable funds, and other | |
| 184 | + | 7 assets relating to the school business and affairs of the | |
| 185 | + | 8 school district shall be transferred and delivered to the | |
| 186 | + | 9 school board, allowing for a reasonable period of time not to | |
| 187 | + | 10 exceed 90 days to liquidate any pooled investments; and (3) | |
| 188 | + | 11 all legal title to and all right, title, and interest formerly | |
| 189 | + | 12 held by the trustees of schools in any common school lands, | |
| 190 | + | 13 school buildings, or school sites used and occupied by the | |
| 191 | + | 14 school board and all rights of property and causes of action | |
| 192 | + | 15 pertaining to or constituting a part of the common school | |
| 193 | + | 16 lands, buildings, or sites shall be deemed transferred by | |
| 194 | + | 17 operation of law to and shall vest in the school board. The | |
| 195 | + | 18 changes made to this Section by this amendatory Act of the | |
| 196 | + | 19 100th General Assembly are prospective only, starting from the | |
| 197 | + | 20 effective date of this amendatory Act of the 100th General | |
| 198 | + | 21 Assembly, and shall not affect any legal action pending on the | |
| 199 | + | 22 effective date of this amendatory Act of the 100th General | |
| 200 | + | 23 Assembly in the Illinois courts in which Lyons Township High | |
| 201 | + | 24 School District 204 is a listed party. | |
| 202 | + | 25 Notwithstanding subsections (a) and (c), the school boards | |
| 203 | + | 26 of Glenbrook High School District 225, Northbrook Elementary | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | liability of the aggregate amount of the unfunded liability so | |
| 398 | - | determined. The amount so paid to the Illinois Municipal | |
| 399 | - | Retirement Fund by each of those school districts shall be | |
| 400 | - | credited to the account of the township in that Fund. For each | |
| 401 | - | elementary school, high school and unit school district under | |
| 402 | - | the jurisdiction and authority of a township treasurer and | |
| 403 | - | trustees of schools of a township in which those offices are | |
| 404 | - | abolished as provided in this subsection, each such district's | |
| 405 | - | proportionate share of the aggregate compensation payable to | |
| 406 | - | the former township treasurer as provided in this paragraph | |
| 407 | - | and each such district's proportionate share of the aggregate | |
| 408 | - | amount of the unfunded liability payable to the Illinois | |
| 409 | - | Municipal Retirement Fund as provided in this paragraph shall | |
| 410 | - | be computed in accordance with the ratio that the number of | |
| 411 | - | pupils in average daily attendance in each such district for | |
| 412 | - | the school year last ending prior to the date on which the | |
| 413 | - | offices of township treasurer and trustee of schools of that | |
| 414 | - | township are abolished bears to the aggregate number of pupils | |
| 415 | - | in average daily attendance in all of those districts as so | |
| 416 | - | reported for that school year. | |
| 417 | - | Upon abolition of the offices of township treasurer and | |
| 418 | - | trustee of schools of a township as provided in this | |
| 419 | - | subsection: (i) the regional board of school trustees, in its | |
| 420 | - | corporate capacity, shall be deemed the successor in interest | |
| 421 | - | to the former trustees of schools of that township with | |
| 422 | - | respect to the common school lands and township loanable funds | |
| 423 | 206 | ||
| 424 | 207 | ||
| 425 | - | of the township; (ii) all right, title and interest existing | |
| 426 | - | or vested in the former trustees of schools of that township in | |
| 427 | - | the common school lands and township loanable funds of the | |
| 428 | - | township, and all records, moneys, securities and other | |
| 429 | - | assets, rights of property and causes of action pertaining to | |
| 430 | - | or constituting a part of those common school lands or | |
| 431 | - | township loanable funds, shall be transferred to and deemed | |
| 432 | - | vested by operation of law in the regional board of school | |
| 433 | - | trustees, which shall hold legal title to, manage and operate | |
| 434 | - | all common school lands and township loanable funds of the | |
| 435 | - | township, receive the rents, issues and profits therefrom, and | |
| 436 | - | have and exercise with respect thereto the same powers and | |
| 437 | - | duties as are provided by this Code to be exercised by regional | |
| 438 | - | boards of school trustees when acting as township land | |
| 439 | - | commissioners in counties having at least 220,000 but fewer | |
| 440 | - | than 2,000,000 inhabitants; (iii) the regional board of school | |
| 441 | - | trustees shall select to serve as its treasurer with respect | |
| 442 | - | to the common school lands and township loanable funds of the | |
| 443 | - | township a person from time to time also serving as the | |
| 444 | - | appointed school treasurer of any school district that was | |
| 445 | - | subject to the jurisdiction and authority of the township | |
| 446 | - | treasurer and trustees of schools of that township at the time | |
| 447 | - | those offices were abolished, and the person selected to also | |
| 448 | - | serve as treasurer of the regional board of school trustees | |
| 449 | - | shall have his compensation for services in that capacity | |
| 450 | - | fixed by the regional board of school trustees, to be paid from | |
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| 451 | 210 | ||
| 452 | 211 | ||
| 453 | - | the township loanable funds, and shall make to the regional | |
| 454 | - | board of school trustees the reports required to be made by | |
| 455 | - | treasurers of township land commissioners, give bond as | |
| 456 | - | required by treasurers of township land commissioners, and | |
| 457 | - | perform the duties and exercise the powers of treasurers of | |
| 458 | - | township land commissioners; (iv) the regional board of school | |
| 459 | - | trustees shall designate in the manner provided by Section | |
| 460 | - | 8-7, insofar as applicable, a depositary for its treasurer, | |
| 461 | - | and the proceeds of all rents, issues and profits from the | |
| 462 | - | common school lands and township loanable funds of that | |
| 463 | - | township shall be deposited and held in the account maintained | |
| 464 | - | for those purposes with that depositary and shall be expended | |
| 465 | - | and distributed therefrom as provided in Section 15-24 and | |
| 466 | - | other applicable provisions of this Code; and (v) whenever | |
| 467 | - | there is vested in the trustees of schools of a township at the | |
| 468 | - | time that office is abolished under this subsection the legal | |
| 469 | - | title to any school buildings or school sites used or occupied | |
| 470 | - | for school purposes by any elementary school, high school or | |
| 471 | - | unit school district subject to the jurisdiction and authority | |
| 472 | - | of those trustees of school at the time that office is | |
| 473 | - | abolished, the legal title to those school buildings and | |
| 474 | - | school sites shall be deemed transferred by operation of law | |
| 475 | - | to and invested in the school board of that school district, in | |
| 476 | - | its corporate capacity under Section 10-22.35B of this Code, | |
| 477 | - | the same to be held, sold, exchanged leased or otherwise | |
| 478 | - | transferred in accordance with applicable provisions of this | |
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| 213 | + | HB2160 Enrolled - 7 - LRB103 30168 RJT 56596 b | |
| 214 | + | 1 School District 27, Northbrook School District 28, Sunset | |
| 215 | + | 2 Ridge School District 29, Northbrook/Glenview School District | |
| 216 | + | 3 30, West Northfield School District 31, and Glenview Community | |
| 217 | + | 4 Consolidated School District 34 may, by proper resolution, | |
| 218 | + | 5 withdraw from the jurisdiction and authority of the trustees | |
| 219 | + | 6 of schools of Northfield and Maine Townships and the township | |
| 220 | + | 7 treasurer, provided that the school board shall, upon the | |
| 221 | + | 8 adoption and passage of the resolution, elect or appoint its | |
| 222 | + | 9 own school treasurer as provided in Section 8-1 of this Code. | |
| 223 | + | 10 Upon the adoption and passage of the resolution and the | |
| 224 | + | 11 election or appointment by the school board of its own school | |
| 225 | + | 12 treasurer: (1) the trustees of schools in the township or | |
| 226 | + | 13 townships shall no longer have or exercise any powers or | |
| 227 | + | 14 duties with respect to the school district or with respect to | |
| 228 | + | 15 the school business, operations, or assets of the school | |
| 229 | + | 16 district; (2) all books and records of the trustees of schools | |
| 230 | + | 17 and all moneys, securities, loanable funds, and other assets | |
| 231 | + | 18 relating to the school business and affairs of the school | |
| 232 | + | 19 district shall be transferred and delivered to the school | |
| 233 | + | 20 board; and (3) all legal title to and all right, title, and | |
| 234 | + | 21 interest formerly held by the trustees of schools in any | |
| 235 | + | 22 common school lands, school buildings, or school sites used | |
| 236 | + | 23 and occupied by the school board and all rights of property and | |
| 237 | + | 24 causes of action pertaining to or constituting a part of the | |
| 238 | + | 25 common school lands, buildings, or sites shall be deemed | |
| 239 | + | 26 transferred by operation of law to and shall vest in the school | |
| 479 | 240 | ||
| 480 | 241 | ||
| 481 | - | Code. | |
| 482 | - | Notwithstanding Section 2-3.25g of this Code, a waiver of | |
| 483 | - | a mandate established under this Section may not be requested. | |
| 484 | - | (Source: P.A. 100-374, eff. 8-25-17; 100-921, eff. 8-17-18.) | |
| 485 | - | Section 99. Effective date. This Act takes effect upon | |
| 486 | - | becoming law. | |
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| 250 | + | 1 board. | |
| 251 | + | 2 (c) Notwithstanding the provisions of subsection (a), the | |
| 252 | + | 3 offices of township treasurer and trustee of schools of any | |
| 253 | + | 4 township located in a Class II county school unit shall be | |
| 254 | + | 5 abolished as provided in this subsection if all of the | |
| 255 | + | 6 following conditions are met: | |
| 256 | + | 7 (1) During the same 30 day period, each school board | |
| 257 | + | 8 of each elementary and unit school district that is | |
| 258 | + | 9 subject to the jurisdiction and authority of the township | |
| 259 | + | 10 treasurer and trustees of schools of the township in which | |
| 260 | + | 11 those offices are sought to be abolished gives written | |
| 261 | + | 12 notice by certified mail, return receipt requested to the | |
| 262 | + | 13 township treasurer and trustees of schools of that | |
| 263 | + | 14 township of the date of a meeting of the school board, to | |
| 264 | + | 15 be held not more than 90 nor less than 60 days after the | |
| 265 | + | 16 date when the notice is given, at which meeting the school | |
| 266 | + | 17 board is to consider and vote upon the question of whether | |
| 267 | + | 18 there shall be submitted to the electors of the school | |
| 268 | + | 19 district a proposition to abolish the offices of township | |
| 269 | + | 20 treasurer and trustee of schools of that township. None of | |
| 270 | + | 21 the notices given under this paragraph to the township | |
| 271 | + | 22 treasurer and trustees of schools of a township shall be | |
| 272 | + | 23 deemed sufficient or in compliance with the requirements | |
| 273 | + | 24 of this paragraph unless all of those notices are given | |
| 274 | + | 25 within the same 30 day period. | |
| 275 | + | 26 (2) Each school board of each elementary and unit | |
| 276 | + | ||
| 277 | + | ||
| 278 | + | ||
| 279 | + | ||
| 280 | + | ||
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| 286 | + | 1 school district that is subject to the jurisdiction and | |
| 287 | + | 2 authority of the township treasurer and trustees of | |
| 288 | + | 3 schools of the township in which those offices are sought | |
| 289 | + | 4 to be abolished, by the affirmative vote of at least 5 | |
| 290 | + | 5 members of the school board at a school board meeting of | |
| 291 | + | 6 which notice is given as required by paragraph (1) of this | |
| 292 | + | 7 subsection, adopts a resolution requiring the secretary of | |
| 293 | + | 8 the school board to certify to the proper election | |
| 294 | + | 9 authorities for submission to the electors of the school | |
| 295 | + | 10 district at the next consolidated election in accordance | |
| 296 | + | 11 with the general election law a proposition to abolish the | |
| 297 | + | 12 offices of township treasurer and trustee of schools of | |
| 298 | + | 13 that township. None of the resolutions adopted under this | |
| 299 | + | 14 paragraph by any elementary or unit school districts that | |
| 300 | + | 15 are subject to the jurisdiction and authority of the | |
| 301 | + | 16 township treasurer and trustees of schools of the township | |
| 302 | + | 17 in which those offices are sought to be abolished shall be | |
| 303 | + | 18 deemed in compliance with the requirements of this | |
| 304 | + | 19 paragraph or sufficient to authorize submission of the | |
| 305 | + | 20 proposition to abolish those offices to a referendum of | |
| 306 | + | 21 the electors in any such school district unless all of the | |
| 307 | + | 22 school boards of all of the elementary and unit school | |
| 308 | + | 23 districts that are subject to the jurisdiction and | |
| 309 | + | 24 authority of the township treasurer and trustees of | |
| 310 | + | 25 schools of that township adopt such a resolution in | |
| 311 | + | 26 accordance with the provisions of this paragraph. | |
| 312 | + | ||
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| 322 | + | 1 (3) The school boards of all of the elementary and | |
| 323 | + | 2 unit school districts that are subject to the jurisdiction | |
| 324 | + | 3 and authority of the township treasurer and trustees of | |
| 325 | + | 4 schools of the township in which those offices are sought | |
| 326 | + | 5 to be abolished submit a proposition to abolish the | |
| 327 | + | 6 offices of township treasurer and trustee of schools of | |
| 328 | + | 7 that township to the electors of their respective school | |
| 329 | + | 8 districts at the same consolidated election in accordance | |
| 330 | + | 9 with the general election law, the ballot in each such | |
| 331 | + | 10 district to be in substantially the following form: | |
| 332 | + | 11 ------------------------------------------------------------- | |
| 333 | + | 12 OFFICIAL BALLOT | |
| 334 | + | 13 Shall the offices of township | |
| 335 | + | 14 treasurer and YES | |
| 336 | + | 15 trustee of ------------- | |
| 337 | + | 16 schools of Township ..... NO | |
| 338 | + | 17 Range ..... be abolished? | |
| 339 | + | 18 ------------------------------------------------------------- | |
| 340 | + | 19 (4) At the consolidated election at which the | |
| 341 | + | 20 proposition to abolish the offices of township treasurer | |
| 342 | + | 21 and trustee of schools of a township is submitted to the | |
| 343 | + | 22 electors of each elementary and unit school district that | |
| 344 | + | 23 is subject to the jurisdiction and authority of the | |
| 345 | + | 24 township treasurer and trustee of schools of that | |
| 346 | + | 25 township, a majority of the electors voting on the | |
| 347 | + | 26 proposition in each such elementary and unit school | |
| 348 | + | ||
| 349 | + | ||
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| 351 | + | ||
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| 358 | + | 1 district votes in favor of the proposition as submitted to | |
| 359 | + | 2 them. | |
| 360 | + | 3 If in each elementary and unit school district that is | |
| 361 | + | 4 subject to the jurisdiction and authority of the township | |
| 362 | + | 5 treasurer and trustees of schools of the township in which | |
| 363 | + | 6 those offices are sought to be abolished a majority of the | |
| 364 | + | 7 electors in each such district voting at the consolidated | |
| 365 | + | 8 election on the proposition to abolish the offices of township | |
| 366 | + | 9 treasurer and trustee of schools of that township votes in | |
| 367 | + | 10 favor of the proposition as submitted to them, the proposition | |
| 368 | + | 11 shall be deemed to have passed; but if in any such elementary | |
| 369 | + | 12 or unit school district a majority of the electors voting on | |
| 370 | + | 13 that proposition in that district fails to vote in favor of the | |
| 371 | + | 14 proposition as submitted to them, then notwithstanding the | |
| 372 | + | 15 vote of the electors in any other such elementary or unit | |
| 373 | + | 16 school district on that proposition the proposition shall not | |
| 374 | + | 17 be deemed to have passed in any of those elementary or unit | |
| 375 | + | 18 school districts, and the offices of township treasurer and | |
| 376 | + | 19 trustee of schools of the township in which those offices were | |
| 377 | + | 20 sought to be abolished shall not be abolished, unless in each | |
| 378 | + | 21 of those elementary and unit school districts remaining | |
| 379 | + | 22 subject to the jurisdiction and authority of the township | |
| 380 | + | 23 treasurer and trustees of schools of that township proceedings | |
| 381 | + | 24 are again initiated to abolish those offices and all of the | |
| 382 | + | 25 proceedings and conditions prescribed in paragraphs (1) | |
| 383 | + | 26 through (4) of this subsection are repeated and met in each of | |
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| 394 | + | 1 those elementary and unit school districts. | |
| 395 | + | 2 Notwithstanding the foregoing provisions of this Section | |
| 396 | + | 3 or any other provision of the School Code, the offices of | |
| 397 | + | 4 township treasurer and trustee of schools of a township that | |
| 398 | + | 5 has a population of less than 200,000 and that contains a unit | |
| 399 | + | 6 school district and is located in a Class II county school unit | |
| 400 | + | 7 shall also be abolished as provided in this subsection if all | |
| 401 | + | 8 of the conditions set forth in paragraphs (1), (2), and (3) of | |
| 402 | + | 9 this subsection are met and if the following additional | |
| 403 | + | 10 condition is met: | |
| 404 | + | 11 The electors in all of the school districts subject to | |
| 405 | + | 12 the jurisdiction and authority of the township treasurer | |
| 406 | + | 13 and trustees of schools of the township in which those | |
| 407 | + | 14 offices are sought to be abolished shall vote at the | |
| 408 | + | 15 consolidated election on the proposition to abolish the | |
| 409 | + | 16 offices of township treasurer and trustee of schools of | |
| 410 | + | 17 that township. If a majority of the electors in all of the | |
| 411 | + | 18 school districts combined voting on the proposition vote | |
| 412 | + | 19 in favor of the proposition, then the proposition shall be | |
| 413 | + | 20 deemed to have passed; but if a majority of the electors | |
| 414 | + | 21 voting on the proposition in all of the school district | |
| 415 | + | 22 fails to vote in favor of the proposition as submitted to | |
| 416 | + | 23 them, then the proposition shall not be deemed to have | |
| 417 | + | 24 passed and the offices of township treasurer and trustee | |
| 418 | + | 25 of schools of the township in which those offices were | |
| 419 | + | 26 sought to be abolished shall not be abolished, unless and | |
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| 430 | + | 1 until the proceedings detailed in paragraphs (1) through | |
| 431 | + | 2 (3) of this subsection and the conditions set forth in | |
| 432 | + | 3 this paragraph are met. | |
| 433 | + | 4 If the proposition to abolish the offices of township | |
| 434 | + | 5 treasurer and trustee of schools of a township is deemed to | |
| 435 | + | 6 have passed at the consolidated election as provided in this | |
| 436 | + | 7 subsection, those offices shall be deemed abolished by | |
| 437 | + | 8 operation of law effective on January 1 of the calendar year | |
| 438 | + | 9 immediately following the calendar year in which that | |
| 439 | + | 10 consolidated election is held, provided that if after the | |
| 440 | + | 11 election, the trustees of schools by resolution elect to | |
| 441 | + | 12 abolish the offices of township treasurer and trustee of | |
| 442 | + | 13 schools effective on July 1 immediately following the | |
| 443 | + | 14 election, then the offices shall be abolished on July 1 | |
| 444 | + | 15 immediately following the election. On the date that the | |
| 445 | + | 16 offices of township treasurer and trustee of schools of a | |
| 446 | + | 17 township are deemed abolished by operation of law, the school | |
| 447 | + | 18 board of each elementary and unit school district and the | |
| 448 | + | 19 school board of each high school district that is subject to | |
| 449 | + | 20 the jurisdiction and authority of the township treasurer and | |
| 450 | + | 21 trustees of schools of that township at the time those offices | |
| 451 | + | 22 are abolished: (i) shall appoint its own school treasurer as | |
| 452 | + | 23 provided in Section 8-1; and (ii) unless the term of the | |
| 453 | + | 24 contract of a township treasurer expires on the date that the | |
| 454 | + | 25 office of township treasurer is abolished, shall pay to the | |
| 455 | + | 26 former township treasurer its proportionate share of any | |
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| 466 | + | 1 aggregate compensation that, were the office of township | |
| 467 | + | 2 treasurer not abolished at that time, would have been payable | |
| 468 | + | 3 to the former township treasurer after that date over the | |
| 469 | + | 4 remainder of the term of the contract of the former township | |
| 470 | + | 5 treasurer that began prior to but ends after that date. In | |
| 471 | + | 6 addition, on the date that the offices of township treasurer | |
| 472 | + | 7 and trustee of schools of a township are deemed abolished as | |
| 473 | + | 8 provided in this subsection, the school board of each | |
| 474 | + | 9 elementary school, high school and unit school district that | |
| 475 | + | 10 until that date is subject to the jurisdiction and authority | |
| 476 | + | 11 of the township treasurer and trustees of schools of that | |
| 477 | + | 12 township shall be deemed by operation of law to have agreed and | |
| 478 | + | 13 assumed to pay and, when determined, shall pay to the Illinois | |
| 479 | + | 14 Municipal Retirement Fund a proportionate share of the | |
| 480 | + | 15 unfunded liability existing in that Fund at the time these | |
| 481 | + | 16 offices are abolished in that calendar year for all annuities | |
| 482 | + | 17 or other benefits then or thereafter to become payable from | |
| 483 | + | 18 that Fund with respect to all periods of service performed | |
| 484 | + | 19 prior to that date as a participating employee in that Fund by | |
| 485 | + | 20 persons serving during those periods of service as a trustee | |
| 486 | + | 21 of schools, township treasurer or regular employee in the | |
| 487 | + | 22 office of the township treasurer of that township. That | |
| 488 | + | 23 unfunded liability shall be actuarially determined by the | |
| 489 | + | 24 board of trustees of the Illinois Municipal Retirement Fund, | |
| 490 | + | 25 and the board of trustees shall thereupon notify each school | |
| 491 | + | 26 board required to pay a proportionate share of that unfunded | |
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| 502 | + | 1 liability of the aggregate amount of the unfunded liability so | |
| 503 | + | 2 determined. The amount so paid to the Illinois Municipal | |
| 504 | + | 3 Retirement Fund by each of those school districts shall be | |
| 505 | + | 4 credited to the account of the township in that Fund. For each | |
| 506 | + | 5 elementary school, high school and unit school district under | |
| 507 | + | 6 the jurisdiction and authority of a township treasurer and | |
| 508 | + | 7 trustees of schools of a township in which those offices are | |
| 509 | + | 8 abolished as provided in this subsection, each such district's | |
| 510 | + | 9 proportionate share of the aggregate compensation payable to | |
| 511 | + | 10 the former township treasurer as provided in this paragraph | |
| 512 | + | 11 and each such district's proportionate share of the aggregate | |
| 513 | + | 12 amount of the unfunded liability payable to the Illinois | |
| 514 | + | 13 Municipal Retirement Fund as provided in this paragraph shall | |
| 515 | + | 14 be computed in accordance with the ratio that the number of | |
| 516 | + | 15 pupils in average daily attendance in each such district for | |
| 517 | + | 16 the school year last ending prior to the date on which the | |
| 518 | + | 17 offices of township treasurer and trustee of schools of that | |
| 519 | + | 18 township are abolished bears to the aggregate number of pupils | |
| 520 | + | 19 in average daily attendance in all of those districts as so | |
| 521 | + | 20 reported for that school year. | |
| 522 | + | 21 Upon abolition of the offices of township treasurer and | |
| 523 | + | 22 trustee of schools of a township as provided in this | |
| 524 | + | 23 subsection: (i) the regional board of school trustees, in its | |
| 525 | + | 24 corporate capacity, shall be deemed the successor in interest | |
| 526 | + | 25 to the former trustees of schools of that township with | |
| 527 | + | 26 respect to the common school lands and township loanable funds | |
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| 538 | + | 1 of the township; (ii) all right, title and interest existing | |
| 539 | + | 2 or vested in the former trustees of schools of that township in | |
| 540 | + | 3 the common school lands and township loanable funds of the | |
| 541 | + | 4 township, and all records, moneys, securities and other | |
| 542 | + | 5 assets, rights of property and causes of action pertaining to | |
| 543 | + | 6 or constituting a part of those common school lands or | |
| 544 | + | 7 township loanable funds, shall be transferred to and deemed | |
| 545 | + | 8 vested by operation of law in the regional board of school | |
| 546 | + | 9 trustees, which shall hold legal title to, manage and operate | |
| 547 | + | 10 all common school lands and township loanable funds of the | |
| 548 | + | 11 township, receive the rents, issues and profits therefrom, and | |
| 549 | + | 12 have and exercise with respect thereto the same powers and | |
| 550 | + | 13 duties as are provided by this Code to be exercised by regional | |
| 551 | + | 14 boards of school trustees when acting as township land | |
| 552 | + | 15 commissioners in counties having at least 220,000 but fewer | |
| 553 | + | 16 than 2,000,000 inhabitants; (iii) the regional board of school | |
| 554 | + | 17 trustees shall select to serve as its treasurer with respect | |
| 555 | + | 18 to the common school lands and township loanable funds of the | |
| 556 | + | 19 township a person from time to time also serving as the | |
| 557 | + | 20 appointed school treasurer of any school district that was | |
| 558 | + | 21 subject to the jurisdiction and authority of the township | |
| 559 | + | 22 treasurer and trustees of schools of that township at the time | |
| 560 | + | 23 those offices were abolished, and the person selected to also | |
| 561 | + | 24 serve as treasurer of the regional board of school trustees | |
| 562 | + | 25 shall have his compensation for services in that capacity | |
| 563 | + | 26 fixed by the regional board of school trustees, to be paid from | |
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| 574 | + | 1 the township loanable funds, and shall make to the regional | |
| 575 | + | 2 board of school trustees the reports required to be made by | |
| 576 | + | 3 treasurers of township land commissioners, give bond as | |
| 577 | + | 4 required by treasurers of township land commissioners, and | |
| 578 | + | 5 perform the duties and exercise the powers of treasurers of | |
| 579 | + | 6 township land commissioners; (iv) the regional board of school | |
| 580 | + | 7 trustees shall designate in the manner provided by Section | |
| 581 | + | 8 8-7, insofar as applicable, a depositary for its treasurer, | |
| 582 | + | 9 and the proceeds of all rents, issues and profits from the | |
| 583 | + | 10 common school lands and township loanable funds of that | |
| 584 | + | 11 township shall be deposited and held in the account maintained | |
| 585 | + | 12 for those purposes with that depositary and shall be expended | |
| 586 | + | 13 and distributed therefrom as provided in Section 15-24 and | |
| 587 | + | 14 other applicable provisions of this Code; and (v) whenever | |
| 588 | + | 15 there is vested in the trustees of schools of a township at the | |
| 589 | + | 16 time that office is abolished under this subsection the legal | |
| 590 | + | 17 title to any school buildings or school sites used or occupied | |
| 591 | + | 18 for school purposes by any elementary school, high school or | |
| 592 | + | 19 unit school district subject to the jurisdiction and authority | |
| 593 | + | 20 of those trustees of school at the time that office is | |
| 594 | + | 21 abolished, the legal title to those school buildings and | |
| 595 | + | 22 school sites shall be deemed transferred by operation of law | |
| 596 | + | 23 to and invested in the school board of that school district, in | |
| 597 | + | 24 its corporate capacity under Section 10-22.35B of this Code, | |
| 598 | + | 25 the same to be held, sold, exchanged leased or otherwise | |
| 599 | + | 26 transferred in accordance with applicable provisions of this | |
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| 610 | + | 1 Code. | |
| 611 | + | 2 Notwithstanding Section 2-3.25g of this Code, a waiver of | |
| 612 | + | 3 a mandate established under this Section may not be requested. | |
| 613 | + | 4 (Source: P.A. 100-374, eff. 8-25-17; 100-921, eff. 8-17-18.) | |
| 614 | + | 5 Section 99. Effective date. This Act takes effect upon | |
| 615 | + | 6 becoming law. | |
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