99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1607
 
Introduced 2/20/2015, by Sen. Christine Radogno
 
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 any school district whose territory forms a part of a Class II county school unit to withdraw from the jurisdiction and authority of the trustees of schools of the township in which the school district is located and the township treasurer, provided that the school board elects or appoints its own school treasurer. Effective immediately.



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A BILL FOR
 


SB1607LRB099 10504 SXM 30731 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 any other provision of this subsection (b) 
11and notwithstanding subsections (a) and (c) of this Section, 
12the
school board of any school district whose territory forms a 
13part of a Class II county school unit may, by proper 
14resolution, withdraw from the jurisdiction and authority of the 
15trustees of schools of the township in which the school 
16district is located and the township treasurer, provided that

17the school board shall, upon the adoption and passage of the

18resolution, elect or appoint its own school treasurer as

19provided in Section 8-1 of this Code. Upon the adoption and

20passage of the resolution and the election or appointment by

21the school board of its own school treasurer: (1) the trustees 
22of schools in the township shall no longer have or exercise any 
23powers or duties with respect to the school district or with 
24respect to the school business, operations, or assets of the 
25school district; (2) all books and records of the trustees of

26schools and all moneys, securities, loanable funds, and other

 
 
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1assets relating to the school business and affairs of the

2school district shall be transferred and delivered to the

3school board; and (3) all legal title to and all right, title,

4and interest formerly held by the trustees of schools in any

5common school lands, school buildings, or school sites used and

6occupied by the school board and all rights of property and

7causes of action pertaining to or constituting a part of the

8common school lands, buildings, or sites shall be deemed

9transferred by operation of law to and shall vest in the school

10board. The changes made to this Section by this amendatory Act 
11of the 99th General Assembly shall not affect any lawsuits 
12pending on the effective date of this amendatory Act of the 
1399th General Assembly.
14 (c) Notwithstanding the provisions of subsection (a), the 
15offices of
township treasurer and trustee of schools of any 
16township located in a Class
II county school unit shall be 
17abolished as provided in this subsection
if all of the 
18following conditions are met:


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

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

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


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

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

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


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

23 -------------------------------------------------------------

24
OFFICIAL BALLOT


25   Shall the offices of township

26   treasurer and YES

 
 
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1   trustee of -------------

2   schools of Township ..... NO

3   Range ..... be abolished?

4 -------------------------------------------------------------


5  (4) At the consolidated election at which the

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

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

13 favor of the proposition as submitted to them.

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

19election on the proposition to abolish the offices of township 
20treasurer
and trustee of schools of that township votes in 
21favor of the proposition
as submitted to them, the proposition 
22shall be deemed to have passed; but
if in any such elementary 
23or unit school district a majority of the
electors voting on 
24that proposition in that district fails to vote in favor
of the 
25proposition as submitted to them, then notwithstanding the vote 
26of
the electors in any other such elementary or unit school 
 
 
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1district on that
proposition the proposition shall not be 
2deemed to have passed in any of
those elementary or unit school 
3districts, and the offices of township
treasurer and trustee of 
4schools of the township in which those offices
were sought to 
5be abolished shall not be abolished, unless in each of those

6elementary and unit school districts remaining subject to the 
7jurisdiction
and authority of the township treasurer and 
8trustees of schools of that
township proceedings are again 
9initiated to abolish those offices and all
of the proceedings 
10and conditions prescribed in paragraphs (1) through (4)
of this 
11subsection are repeated and met in each of those elementary and

12unit school districts.

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

18shall also be
abolished as provided in this subsection if all 
19of the conditions set forth in
paragraphs (1), (2), and (3) of 
20this subsection are met
and if the following additional 
21condition is met:


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

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

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

21consolidated election is held, provided that if after the

22election, the trustees of schools by resolution elect to 
23abolish the offices of
township treasurer and trustee of 
24schools effective on July 1 immediately
following the election, 
25then the offices shall be abolished on July 1
immediately 
26following the election.
On the date that
the offices of 
 
 
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1township treasurer and trustee of schools of a
township are 
2deemed abolished by operation of law, the school board of each

3elementary and unit school district and the school board of 
4each high
school district that is subject to the jurisdiction 
5and authority of the
township treasurer and trustees of schools 
6of that township at the time
those offices are abolished: (i) 
7shall appoint its own school treasurer as
provided in Section 
88-1; and (ii) unless the term of the contract of a
township 
9treasurer expires on the date that the office of township

10treasurer is abolished, shall pay to the former township 
11treasurer its
proportionate share of any aggregate 
12compensation that, were the office of
township treasurer not 
13abolished at that time, would
have been payable to the former 
14township treasurer after that date over the
remainder of the 
15term of the contract of the former township treasurer that

16began prior to but ends after that date. In addition, on the 
17date that the offices of township treasurer and trustee of

18schools of a township are deemed abolished as provided in this 
19subsection,
the school board of each elementary school, high 
20school and unit school
district that until that date is subject 
21to the jurisdiction and authority
of the township treasurer and 
22trustees of schools of that township shall be
deemed by 
23operation of law to have agreed and assumed to pay and, when

24determined, shall pay to the Illinois Municipal Retirement
Fund 
25a proportionate share of the unfunded liability existing in 
26that Fund
at the time these offices are abolished in that

 
 
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1calendar year for all annuities or other benefits then or

2thereafter to become payable from that Fund with respect to all 
3periods of
service performed prior to that date as a 
4participating employee in that
Fund by persons serving during 
5those periods of service as a trustee of
schools, township 
6treasurer or regular employee in the office of the
township 
7treasurer of that township. That unfunded liability shall be

8actuarially determined by the board of trustees of the Illinois 
9Municipal
Retirement Fund, and the board of trustees shall 
10thereupon notify each
school board required to pay a 
11proportionate share of that unfunded
liability of the aggregate 
12amount of the unfunded liability so determined.
The amount so 
13paid to the Illinois Municipal Retirement Fund by each of
those 
14school districts shall be credited to the account of the 
15township in
that Fund. For each elementary school, high school 
16and unit school district
under the jurisdiction and authority 
17of a township treasurer and trustees
of schools of a township 
18in which those offices are abolished as provided
in this 
19subsection, each such district's proportionate share of the

20aggregate compensation payable to the former township 
21treasurer as provided
in this paragraph and each such 
22district's proportionate share of the
aggregate amount of the 
23unfunded liability payable to the Illinois
Municipal 
24Retirement Fund as provided in this paragraph shall be computed

25in accordance with the ratio that the number of pupils in 
26average daily
attendance in each such district for the school 
 
 
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1year last ending prior to the date on which
the offices of 
2township treasurer and trustee of schools of that township
are 
3abolished bears to the aggregate number of pupils in average 
4daily
attendance in all of those districts as so reported for 
5that school year.

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

12township; (ii) all right, title and interest existing or vested 
13in the
former trustees of schools of that township in the 
14common school lands and
township loanable funds of the 
15township, and all records, moneys,
securities and other assets, 
16rights of property and causes of action
pertaining to or 
17constituting a part of those common school lands or
township 
18loanable funds, shall be transferred to and deemed vested by

19operation of law in the regional board of school trustees, 
20which shall hold
legal title to, manage and operate all common 
21school lands and township
loanable funds of the township, 
22receive the rents, issues and profits
therefrom, and have and 
23exercise with respect thereto the same powers and
duties as are 
24provided by this Code to be exercised by regional boards of

25school trustees when acting as township land commissioners in 
26counties
having at least 220,000 but fewer than 2,000,000 
 
 
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1inhabitants; (iii) the
regional board of school trustees shall 
2select to serve as its treasurer
with respect to the common 
3school lands and township loanable funds of the
township a 
4person from time to time also serving as the appointed school

5treasurer of any school district that was subject to the 
6jurisdiction and
authority of the township treasurer and 
7trustees of schools of that
township at the time those offices 
8were abolished, and the person selected
to also serve as 
9treasurer of the regional board of school trustees shall
have 
10his compensation for services in that capacity fixed by the 
11regional
board of school trustees, to be paid from the township 
12loanable funds, and
shall make to the regional board of school 
13trustees the reports required to be
made by treasurers of 
14township land commissioners, give bond as required by

15treasurers of township land commissioners, and perform the 
16duties and
exercise the powers of treasurers of township land 
17commissioners; (iv) the
regional board of school trustees shall 
18designate in the manner provided by
Section 8-7, insofar as 
19applicable, a depositary for its treasurer, and the
proceeds of 
20all rents, issues and profits from the common school lands and

21township loanable funds of that township shall be deposited and 
22held in the
account maintained for those purposes with that 
23depositary and shall be
expended and distributed therefrom as 
24provided in Section 15-24 and other
applicable provisions of 
25this Code; and (v) whenever there is vested in the
trustees of 
26schools of a township at the time that office is abolished

 
 
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1under this subsection the legal title to any school buildings 
2or school
sites used or occupied for school purposes by any 
3elementary school, high
school or unit school district subject 
4to the jurisdiction and authority of
those trustees of school 
5at the time that office is abolished, the legal
title to those 
6school buildings and school sites shall be deemed
transferred 
7by operation of law to and invested in the
school board of that 
8school district, in its corporate
capacity Section 7-28, the

9same to be held, sold, exchanged leased or otherwise 
10transferred in
accordance with applicable provisions of this 
11Code.

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

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


16 Section 99. Effective date. This Act takes effect upon 
17becoming law.