99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2416
 
Introduced , by Rep. Jim Durkin
 
SYNOPSIS AS INTRODUCED:



  
105 ILCS 5/5-1 from Ch. 122, par. 5-1

 Amends the Trustees of Schools Article of the School Code. Allows the school board of Lyons Township High School District 204 to withdraw from the jurisdiction and authority of the trustees of schools of Lyons Township and the township treasurer, provided that the school board elects or appoints its own school treasurer. Provides that these amendatory changes are prospective only, starting from the effective date of the amendatory Act, and shall not affect any legal action pending on the effective date of the amendatory Act in the Illinois courts in which Lyons Township High School District 204 is a listed party. Effective immediately.



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A BILL FOR
 


HB2416LRB099 09149 NHT 29346 b



1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Section 
55-1 as follows:




6 (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)


7 Sec. 5-1. County school units. 

8 (a) The territory in each county, exclusive of
any school 
9district governed by any special act which requires the 
10district
to appoint its own school treasurer, shall constitute 
11a county school unit.
County school units of less than 
122,000,000 inhabitants shall be known as
Class I county school 
13units and the office of township trustees, where
existing on 
14July 1, 1962, in such units shall be abolished on that date and

15all books and records of such former township trustees shall be 
16forthwith
thereafter transferred to the county board of school 
17trustees. County
school units of 2,000,000 or more inhabitants 
18shall be known as Class II
county school units and shall retain 
19the office of township trustees
unless otherwise provided in 
20subsection (b) or (c).

21 (b) Notwithstanding subsections (a) and (c), the
school 
22board of any elementary school district having a fall, 1989

23aggregate enrollment of at least 2,500 but less than 6,500 
 
 
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1pupils and
having boundaries that are coterminous with the 
2boundaries of a high school
district, and the school board of 
3any high school district having a fall,
1989 aggregate 
4enrollment of at least 2,500 but less than 6,500 pupils and

5having boundaries that are coterminous with the boundaries of 
6an elementary
school district, may, whenever the territory of 
7such school district forms
a part of a Class II county school

8unit, by proper resolution withdraw such school district from 
9the
jurisdiction and authority of the trustees of schools of 
10the township in
which such school district is located and from 
11the jurisdiction and
authority of the township treasurer in 
12such Class II county school unit;
provided that the school 
13board of any such school district shall, upon the
adoption and 
14passage of such resolution, thereupon elect or appoint its own

15school treasurer as provided in Section 8-1. Upon the adoption 
16and passage
of such resolution and the election or appointment 
17by the school board of
its own school treasurer: (1) the 
18trustees of schools in such township
shall no longer have or 
19exercise any powers and duties with respect to the
school 
20district governed by such school board or with respect to the 
21school
business, operations or assets of such school district; 
22and (2) all books
and
records of the township trustees relating 
23to the school business and
affairs of such school district 
24shall be transferred and delivered to the
school board of such 
25school district. Upon the effective date of this
amendatory Act 
26of 1993, the legal title to, and all right, title
and interest

 
 
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1formerly held by the township trustees in any school buildings 
2and
school sites
used and occupied by the school board of such 
3school district for school
purposes, that legal title, right, 
4title and interest thereafter having
been transferred to and 
5vested in the regional
board
of school trustees under P.A. 
687-473 until the abolition of that regional
board of school 
7trustees by P.A. 87-969, shall be deemed transferred by

8operation of law to and shall vest in the school board of that 
9school
district.

10 Notwithstanding subsections (a) and (c), the school boards 
11of Oak Park & River Forest District 200, Oak Park Elementary 
12School District 97, and River Forest School District 90 may, by 
13proper resolution, withdraw from the jurisdiction and 
14authority of the trustees of schools of Proviso and Cicero 
15Townships and the township treasurer, provided that the school 
16board shall, upon the adoption and passage of the resolution, 
17elect or appoint its own school treasurer as provided in 
18Section 8-1 of this Code. Upon the adoption and passage of the 
19resolution and the election or appointment by the school board 
20of its own school treasurer: (1) the trustees of schools in the 
21township or townships shall no longer have or exercise any 
22powers or duties with respect to the school district or with 
23respect to the school business, operations, or assets of the 
24school district; (2) all books and records of the trustees of 
25schools and all moneys, securities, loanable funds, and other 
26assets relating to the school business and affairs of the 
 
 
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1school district shall be transferred and delivered to the 
2school board; and (3) all legal title to and all right, title, 
3and interest formerly held by the trustees of schools in any 
4common school lands, school buildings, or school sites used and 
5occupied by the school board and all rights of property and 
6causes of action pertaining to or constituting a part of the 
7common school lands, buildings, or sites shall be deemed 
8transferred by operation of law to and shall vest in the school 
9board.

10 Notwithstanding subsections (a) and (c), the respective 
11school boards of Berwyn North School District 98, Berwyn South 
12School District 100, Cicero School District 99, and J.S. Morton 
13High School District 201 may, by proper resolution, withdraw 
14from the jurisdiction and authority of the trustees of schools 
15of Cicero Township and the township treasurer, provided that 
16the school board shall, upon the adoption and passage of the 
17resolution, elect or appoint its own school treasurer as 
18provided in Section 8-1 of this Code. Upon the adoption and 
19passage of the resolution and the election or appointment by 
20the school board of its own school treasurer: (1) the trustees 
21of schools in the township shall no longer have or exercise any 
22powers or duties with respect to the school district or with 
23respect to the school business, operations, or assets of the 
24school district; (2) all books and records of the trustees of 
25schools and all moneys, securities, loanable funds, and other 
26assets relating to the school business and affairs of the 
 
 
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1school district shall be transferred and delivered to the 
2school board; and (3) all legal title to and all right, title, 
3and interest formerly held by the trustees of schools in any 
4common school lands, school buildings, or school sites used and 
5occupied by the school board and all rights of property and 
6causes of action pertaining to or constituting a part of the 
7common school lands, buildings, or sites shall be deemed 
8transferred by operation of law to and shall vest in the school 
9board.

10 Notwithstanding subsections (a) and (c) of this Section, 
11the
school board of Lyons Township High School District 204 
12may, by proper resolution, withdraw from the jurisdiction and 
13authority of the trustees of schools of Lyons Township and the 
14township treasurer, provided that
the school board shall, upon 
15the adoption and passage of the
resolution, elect or appoint 
16its own school treasurer as
provided in Section 8-1 of this 
17Code. Upon the adoption and
passage of the resolution and the 
18election or appointment by
the school board of its own school 
19treasurer: (1) the trustees of schools in the township shall no 
20longer have or exercise any powers or duties with respect to 
21the school district or with respect to the school business, 
22operations, or assets of the school district; (2) all books and 
23records of the trustees of
schools and all moneys, securities, 
24loanable funds, and other
assets relating to the school 
25business and affairs of the
school district shall be 
26transferred and delivered to the
school board; and (3) all 
 
 
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1legal title to and all right, title,
and interest formerly held 
2by the trustees of schools in any
common school lands, school 
3buildings, or school sites used and
occupied by the school 
4board and all rights of property and
causes of action 
5pertaining to or constituting a part of the
common school 
6lands, buildings, or sites shall be deemed
transferred by 
7operation of law to and shall vest in the school
board. The 
8changes made to this Section by this amendatory Act of the 99th 
9General Assembly are prospective only, starting from the 
10effective date of this amendatory Act of the 99th General 
11Assembly, and shall not affect any legal action pending on the 
12effective date of this amendatory Act of the 99th General 
13Assembly in the Illinois courts in which Lyons Township High 
14School District 204 is a listed party.
15 (c) Notwithstanding the provisions of subsection (a), the 
16offices of
township treasurer and trustee of schools of any 
17township located in a Class
II county school unit shall be 
18abolished as provided in this subsection
if all of the 
19following conditions are met:


20  (1) During the same 30 day period, each school board of 
21 each
elementary and unit school district that is subject to 
22 the jurisdiction and
authority of the township treasurer 
23 and trustees of schools of the township
in which those 
24 offices are sought to be abolished gives written notice by

25 certified mail, return receipt requested to the township 
26 treasurer and
trustees of schools of that township of the 
 
 
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1 date of a meeting of the school
board, to be held not more 
2 than 90 nor less than 60 days after the date
when the 
3 notice is given, at which meeting the school board is to 
4 consider
and vote upon the question of whether there shall 
5 be submitted to the
electors of the school district a 
6 proposition to abolish the offices of
township treasurer 
7 and trustee of schools of that township. None of the

8 notices given under this paragraph to the township 
9 treasurer and trustees
of schools of a township shall be 
10 deemed sufficient or in compliance with
the requirements of 
11 this paragraph unless all of those notices are given
within 
12 the same 30 day period.


13  (2) Each school board of each elementary and unit 
14 school district that
is subject to the jurisdiction and 
15 authority of the township treasurer and
trustees of schools 
16 of the township in which those offices are sought to
be 
17 abolished, by the affirmative vote of at least 5 members of 
18 the school
board at a school board meeting of which notice 
19 is given as required by
paragraph (1) of this subsection, 
20 adopts a resolution requiring the
secretary of the school 
21 board to certify to the proper election authorities
for 
22 submission to the electors of the school district at the 
23 next
consolidated election in accordance with the general

24 election law a
proposition to abolish the offices of 
25 township treasurer and trustee of
schools of that township. 
26 None of the resolutions adopted under this
paragraph by any 
 
 
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1 elementary or unit school districts that are subject to
the 
2 jurisdiction and authority of the township treasurer and 
3 trustees of
schools of the township in which those offices 
4 are sought to be abolished
shall be deemed in compliance 
5 with the requirements of this paragraph or
sufficient to 
6 authorize submission of the proposition to abolish those

7 offices to a referendum of the electors in any such school 
8 district unless
all of the school boards of all of the 
9 elementary and unit school districts
that are subject to 
10 the jurisdiction and authority of the township
treasurer 
11 and trustees of schools of that township adopt such a 
12 resolution
in accordance with the provisions of this 
13 paragraph.


14  (3) The school boards of all of the elementary and unit 
15 school
districts that are subject to the jurisdiction and 
16 authority of the
township treasurer and trustees of schools 
17 of the township in which those
offices are sought to be 
18 abolished submit a proposition to abolish the
offices of 
19 township treasurer and trustee of schools of that township 
20 to
the electors of their respective school districts at the 
21 same consolidated
election in accordance with the general 
22 election law, the ballot in each
such district to be in 
23 substantially the following form:

24 -------------------------------------------------------------

25
OFFICIAL BALLOT


26   Shall the offices of township

 
 
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1   treasurer and YES

2   trustee of -------------

3   schools of Township ..... NO

4   Range ..... be abolished?

5 -------------------------------------------------------------


6  (4) At the consolidated election at which the

7 proposition to abolish
the offices of township treasurer 
8 and trustee of schools of a township is
submitted to the 
9 electors of each elementary and unit school district that

10 is subject to the jurisdiction and authority of the 
11 township treasurer and
trustee of schools of that township, 
12 a majority of the electors voting on
the proposition in 
13 each such elementary and unit school district votes in

14 favor of the proposition as submitted to them.

15 If in each elementary and unit school district that is 
16subject to the
jurisdiction and authority of the township 
17treasurer and trustees of
schools of the township in which 
18those offices are sought to be abolished a
majority of the 
19electors in each such district voting at the consolidated

20election on the proposition to abolish the offices of township 
21treasurer
and trustee of schools of that township votes in 
22favor of the proposition
as submitted to them, the proposition 
23shall be deemed to have passed; but
if in any such elementary 
24or unit school district a majority of the
electors voting on 
25that proposition in that district fails to vote in favor
of the 
26proposition as submitted to them, then notwithstanding the vote 
 
 
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1of
the electors in any other such elementary or unit school 
2district on that
proposition the proposition shall not be 
3deemed to have passed in any of
those elementary or unit school 
4districts, and the offices of township
treasurer and trustee of 
5schools of the township in which those offices
were sought to 
6be abolished shall not be abolished, unless in each of those

7elementary and unit school districts remaining subject to the 
8jurisdiction
and authority of the township treasurer and 
9trustees of schools of that
township proceedings are again 
10initiated to abolish those offices and all
of the proceedings 
11and conditions prescribed in paragraphs (1) through (4)
of this 
12subsection are repeated and met in each of those elementary and

13unit school districts.

14 Notwithstanding the foregoing provisions of this Section 
15or any other
provision of the School Code, the offices of 
16township treasurer and trustee of
schools of a township that 
17has a population of less than 200,000 and that
contains a unit 
18school district and is located in a Class II county school unit

19shall also be
abolished as provided in this subsection if all 
20of the conditions set forth in
paragraphs (1), (2), and (3) of 
21this subsection are met
and if the following additional 
22condition is met:


23  The electors in all of the school districts subject to 
24 the jurisdiction and
authority of the township treasurer 
25 and trustees of schools of the township in
which those 
26 offices are sought to be abolished shall vote at the

 
 
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1 consolidated
election on the proposition to abolish the 
2 offices of township treasurer and
trustee of schools of 
3 that township. If a majority of the electors in all of
the 
4 school districts combined voting on the proposition vote in 
5 favor of the
proposition, then the proposition shall be 
6 deemed to have passed; but if a
majority of the electors 
7 voting on the proposition in all of the school
district 
8 fails to vote in favor of the proposition as submitted to 
9 them, then
the proposition shall not be deemed to have 
10 passed and the offices of township
treasurer and trustee of 
11 schools of the township in which those offices were
sought 
12 to be abolished shall not be abolished, unless and until 
13 the proceedings
detailed in paragraphs (1) through (3) of 
14 this subsection and the conditions
set forth in this 
15 paragraph are met.

16 If the proposition to abolish the offices of township 
17treasurer and
trustee of schools of a township is deemed to 
18have passed at the
consolidated election as provided in this 
19subsection,
those offices shall be
deemed abolished by 
20operation of law effective on January 1
of the
calendar year 
21immediately following the calendar year in which that

22consolidated election is held, provided that if after the

23election, the trustees of schools by resolution elect to 
24abolish the offices of
township treasurer and trustee of 
25schools effective on July 1 immediately
following the election, 
26then the offices shall be abolished on July 1
immediately 
 
 
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1following the election.
On the date that
the offices of 
2township treasurer and trustee of schools of a
township are 
3deemed abolished by operation of law, the school board of each

4elementary and unit school district and the school board of 
5each high
school district that is subject to the jurisdiction 
6and authority of the
township treasurer and trustees of schools 
7of that township at the time
those offices are abolished: (i) 
8shall appoint its own school treasurer as
provided in Section 
98-1; and (ii) unless the term of the contract of a
township 
10treasurer expires on the date that the office of township

11treasurer is abolished, shall pay to the former township 
12treasurer its
proportionate share of any aggregate 
13compensation that, were the office of
township treasurer not 
14abolished at that time, would
have been payable to the former 
15township treasurer after that date over the
remainder of the 
16term of the contract of the former township treasurer that

17began prior to but ends after that date. In addition, on the 
18date that the offices of township treasurer and trustee of

19schools of a township are deemed abolished as provided in this 
20subsection,
the school board of each elementary school, high 
21school and unit school
district that until that date is subject 
22to the jurisdiction and authority
of the township treasurer and 
23trustees of schools of that township shall be
deemed by 
24operation of law to have agreed and assumed to pay and, when

25determined, shall pay to the Illinois Municipal Retirement
Fund 
26a proportionate share of the unfunded liability existing in 
 
 
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1that Fund
at the time these offices are abolished in that

2calendar year for all annuities or other benefits then or

3thereafter to become payable from that Fund with respect to all 
4periods of
service performed prior to that date as a 
5participating employee in that
Fund by persons serving during 
6those periods of service as a trustee of
schools, township 
7treasurer or regular employee in the office of the
township 
8treasurer of that township. That unfunded liability shall be

9actuarially determined by the board of trustees of the Illinois 
10Municipal
Retirement Fund, and the board of trustees shall 
11thereupon notify each
school board required to pay a 
12proportionate share of that unfunded
liability of the aggregate 
13amount of the unfunded liability so determined.
The amount so 
14paid to the Illinois Municipal Retirement Fund by each of
those 
15school districts shall be credited to the account of the 
16township in
that Fund. For each elementary school, high school 
17and unit school district
under the jurisdiction and authority 
18of a township treasurer and trustees
of schools of a township 
19in which those offices are abolished as provided
in this 
20subsection, each such district's proportionate share of the

21aggregate compensation payable to the former township 
22treasurer as provided
in this paragraph and each such 
23district's proportionate share of the
aggregate amount of the 
24unfunded liability payable to the Illinois
Municipal 
25Retirement Fund as provided in this paragraph shall be computed

26in accordance with the ratio that the number of pupils in 
 
 
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1average daily
attendance in each such district for the school 
2year last ending prior to the date on which
the offices of 
3township treasurer and trustee of schools of that township
are 
4abolished bears to the aggregate number of pupils in average 
5daily
attendance in all of those districts as so reported for 
6that school year.

7 Upon abolition of the offices of township treasurer and 
8trustee of
schools of a township as provided in this 
9subsection: (i) the regional
board of school trustees, in its 
10corporate capacity, shall be deemed the
successor in interest 
11to the former trustees of schools of that township
with respect 
12to the common school lands and township loanable funds of the

13township; (ii) all right, title and interest existing or vested 
14in the
former trustees of schools of that township in the 
15common school lands and
township loanable funds of the 
16township, and all records, moneys,
securities and other assets, 
17rights of property and causes of action
pertaining to or 
18constituting a part of those common school lands or
township 
19loanable funds, shall be transferred to and deemed vested by

20operation of law in the regional board of school trustees, 
21which shall hold
legal title to, manage and operate all common 
22school lands and township
loanable funds of the township, 
23receive the rents, issues and profits
therefrom, and have and 
24exercise with respect thereto the same powers and
duties as are 
25provided by this Code to be exercised by regional boards of

26school trustees when acting as township land commissioners in 
 
 
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1counties
having at least 220,000 but fewer than 2,000,000 
2inhabitants; (iii) the
regional board of school trustees shall 
3select to serve as its treasurer
with respect to the common 
4school lands and township loanable funds of the
township a 
5person from time to time also serving as the appointed school

6treasurer of any school district that was subject to the 
7jurisdiction and
authority of the township treasurer and 
8trustees of schools of that
township at the time those offices 
9were abolished, and the person selected
to also serve as 
10treasurer of the regional board of school trustees shall
have 
11his compensation for services in that capacity fixed by the 
12regional
board of school trustees, to be paid from the township 
13loanable funds, and
shall make to the regional board of school 
14trustees the reports required to be
made by treasurers of 
15township land commissioners, give bond as required by

16treasurers of township land commissioners, and perform the 
17duties and
exercise the powers of treasurers of township land 
18commissioners; (iv) the
regional board of school trustees shall 
19designate in the manner provided by
Section 8-7, insofar as 
20applicable, a depositary for its treasurer, and the
proceeds of 
21all rents, issues and profits from the common school lands and

22township loanable funds of that township shall be deposited and 
23held in the
account maintained for those purposes with that 
24depositary and shall be
expended and distributed therefrom as 
25provided in Section 15-24 and other
applicable provisions of 
26this Code; and (v) whenever there is vested in the
trustees of 
 
 
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1schools of a township at the time that office is abolished

2under this subsection the legal title to any school buildings 
3or school
sites used or occupied for school purposes by any 
4elementary school, high
school or unit school district subject 
5to the jurisdiction and authority of
those trustees of school 
6at the time that office is abolished, the legal
title to those 
7school buildings and school sites shall be deemed
transferred 
8by operation of law to and invested in the
school board of that 
9school district, in its corporate
capacity Section 7-28, the

10same to be held, sold, exchanged leased or otherwise 
11transferred in
accordance with applicable provisions of this 
12Code.

13 Notwithstanding Section 2-3.25g of this Code, a waiver of a 
14mandate
established under this Section may not be requested.

15(Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, 
16eff. 5-31-07; 95-876, eff. 8-21-08.)