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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Section
5		5-1 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
9		district governed by any special act which requires the
10		district to appoint its own school treasurer, shall constitute
11		a county school unit. County school units of less than
12		2,000,000 inhabitants shall be known as Class I county school
13		units and the office of township trustees, where existing on
14		July 1, 1962, in such units shall be abolished on that date and
15		all books and records of such former township trustees shall be
16		forthwith thereafter transferred to the county board of school
17		trustees. County school units of 2,000,000 or more inhabitants
18		shall be known as Class II county school units and shall retain
19		the office of township trustees unless otherwise provided in
20		subsection (b) or (c).
21		(b) Notwithstanding subsections (a) and (c), the school
22		board of any elementary school district having a fall, 1989
23		aggregate enrollment of at least 2,500 but less than 6,500

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1		pupils and having boundaries that are coterminous with the
2		boundaries of a high school district, and the school board of
3		any high school district having a fall, 1989 aggregate
4		enrollment of at least 2,500 but less than 6,500 pupils and
5		having boundaries that are coterminous with the boundaries of
6		an elementary school district, may, whenever the territory of
7		such school district forms a part of a Class II county school
8		unit, by proper resolution withdraw such school district from
9		the jurisdiction and authority of the trustees of schools of
10		the township in which such school district is located and from
11		the jurisdiction and authority of the township treasurer in
12		such Class II county school unit; provided that the school
13		board of any such school district shall, upon the adoption and
14		passage of such resolution, thereupon elect or appoint its own
15		school treasurer as provided in Section 8-1. Upon the adoption
16		and passage of such resolution and the election or appointment
17		by the school board of its own school treasurer: (1) the
18		trustees of schools in such township shall no longer have or
19		exercise any powers and duties with respect to the school
20		district governed by such school board or with respect to the
21		school business, operations or assets of such school district;
22		and (2) all books and records of the township trustees relating
23		to the school business and affairs of such school district
24		shall be transferred and delivered to the school board of such
25		school district. Upon the effective date of this amendatory Act
26		of 1993, the legal title to, and all right, title and interest

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1		formerly held by the township trustees in any school buildings
2		and school sites used and occupied by the school board of such
3		school district for school purposes, that legal title, right,
4		title and interest thereafter having been transferred to and
5		vested in the regional board of school trustees under P.A.
6		87-473 until the abolition of that regional board of school
7		trustees by P.A. 87-969, shall be deemed transferred by
8		operation of law to and shall vest in the school board of that
9		school district.
10		Notwithstanding subsections (a) and (c), the school boards
11		of Oak Park & River Forest District 200, Oak Park Elementary
12		School District 97, and River Forest School District 90 may, by
13		proper resolution, withdraw from the jurisdiction and
14		authority of the trustees of schools of Proviso and Cicero
15		Townships and the township treasurer, provided that the school
16		board shall, upon the adoption and passage of the resolution,
17		elect or appoint its own school treasurer as provided in
18		Section 8-1 of this Code. Upon the adoption and passage of the
19		resolution and the election or appointment by the school board
20		of its own school treasurer: (1) the trustees of schools in the
21		township or townships shall no longer have or exercise any
22		powers or duties with respect to the school district or with
23		respect to the school business, operations, or assets of the
24		school district; (2) all books and records of the trustees of
25		schools and all moneys, securities, loanable funds, and other
26		assets relating to the school business and affairs of the

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

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1		school district shall be transferred and delivered to the
2		school board; and (3) all legal title to and all right, title,
3		and interest formerly held by the trustees of schools in any
4		common school lands, school buildings, or school sites used and
5		occupied by the school board and all rights of property and
6		causes of action pertaining to or constituting a part of the
7		common school lands, buildings, or sites shall be deemed
8		transferred by operation of law to and shall vest in the school
9		board.
10		Notwithstanding subsections (a) and (c) of this Section,
11		the school board of Lyons Township High School District 204
12		may, by proper resolution, withdraw from the jurisdiction and
13		authority of the trustees of schools of Lyons Township and the
14		township treasurer, provided that the school board shall, upon
15		the adoption and passage of the resolution, elect or appoint
16		its own school treasurer as provided in Section 8-1 of this
17		Code. Upon the adoption and passage of the resolution and the
18		election or appointment by the school board of its own school
19		treasurer: (1) the trustees of schools in the township shall no
20		longer have or exercise any powers or duties with respect to
21		the school district or with respect to the school business,
22		operations, or assets of the school district; (2) all books and
23		records of the trustees of schools and all moneys, securities,
24		loanable funds, and other assets relating to the school
25		business and affairs of the school district shall be
26		transferred and delivered to the school board; and (3) all

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1		legal title to and all right, title, and interest formerly held
2		by the trustees of schools in any common school lands, school
3		buildings, or school sites used and occupied by the school
4		board and all rights of property and causes of action
5		pertaining to or constituting a part of the common school
6		lands, buildings, or sites shall be deemed transferred by
7		operation of law to and shall vest in the school board. The
8		changes made to this Section by this amendatory Act of the 99th
9		General Assembly are prospective only, starting from the
10		effective date of this amendatory Act of the 99th General
11		Assembly, and shall not affect any legal action pending on the
12		effective date of this amendatory Act of the 99th General
13		Assembly in the Illinois courts in which Lyons Township High
14		School District 204 is a listed party.
15		(c) Notwithstanding the provisions of subsection (a), the
16		offices of township treasurer and trustee of schools of any
17		township located in a Class II county school unit shall be
18		abolished as provided in this subsection if all of the
19		following 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
16		subject to the jurisdiction and authority of the township
17		treasurer and trustees of schools of the township in which
18		those offices are sought to be abolished a majority of the
19		electors in each such district voting at the consolidated
20		election on the proposition to abolish the offices of township
21		treasurer and trustee of schools of that township votes in
22		favor of the proposition as submitted to them, the proposition
23		shall be deemed to have passed; but if in any such elementary
24		or unit school district a majority of the electors voting on
25		that proposition in that district fails to vote in favor of the
26		proposition as submitted to them, then notwithstanding the vote

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1		of the electors in any other such elementary or unit school
2		district on that proposition the proposition shall not be
3		deemed to have passed in any of those elementary or unit school
4		districts, and the offices of township treasurer and trustee of
5		schools of the township in which those offices were sought to
6		be abolished shall not be abolished, unless in each of those
7		elementary and unit school districts remaining subject to the
8		jurisdiction and authority of the township treasurer and
9		trustees of schools of that township proceedings are again
10		initiated to abolish those offices and all of the proceedings
11		and conditions prescribed in paragraphs (1) through (4) of this
12		subsection are repeated and met in each of those elementary and
13		unit school districts.
14		Notwithstanding the foregoing provisions of this Section
15		or any other provision of the School Code, the offices of
16		township treasurer and trustee of schools of a township that
17		has a population of less than 200,000 and that contains a unit
18		school district and is located in a Class II county school unit
19		shall also be abolished as provided in this subsection if all
20		of the conditions set forth in paragraphs (1), (2), and (3) of
21		this subsection are met and if the following additional
22		condition 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
17		treasurer and trustee of schools of a township is deemed to
18		have passed at the consolidated election as provided in this
19		subsection, those offices shall be deemed abolished by
20		operation of law effective on January 1 of the calendar year
21		immediately following the calendar year in which that
22		consolidated election is held, provided that if after the
23		election, the trustees of schools by resolution elect to
24		abolish the offices of township treasurer and trustee of
25		schools effective on July 1 immediately following the election,
26		then the offices shall be abolished on July 1 immediately

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1		following the election. On the date that the offices of
2		township treasurer and trustee of schools of a township are
3		deemed abolished by operation of law, the school board of each
4		elementary and unit school district and the school board of
5		each high school district that is subject to the jurisdiction
6		and authority of the township treasurer and trustees of schools
7		of that township at the time those offices are abolished: (i)
8		shall appoint its own school treasurer as provided in Section
9		8-1; and (ii) unless the term of the contract of a township
10		treasurer expires on the date that the office of township
11		treasurer is abolished, shall pay to the former township
12		treasurer its proportionate share of any aggregate
13		compensation that, were the office of township treasurer not
14		abolished at that time, would have been payable to the former
15		township treasurer after that date over the remainder of the
16		term of the contract of the former township treasurer that
17		began prior to but ends after that date. In addition, on the
18		date that the offices of township treasurer and trustee of
19		schools of a township are deemed abolished as provided in this
20		subsection, the school board of each elementary school, high
21		school and unit school district that until that date is subject
22		to the jurisdiction and authority of the township treasurer and
23		trustees of schools of that township shall be deemed by
24		operation of law to have agreed and assumed to pay and, when
25		determined, shall pay to the Illinois Municipal Retirement Fund
26		a proportionate share of the unfunded liability existing in

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1		that Fund at the time these offices are abolished in that
2		calendar year for all annuities or other benefits then or
3		thereafter to become payable from that Fund with respect to all
4		periods of service performed prior to that date as a
5		participating employee in that Fund by persons serving during
6		those periods of service as a trustee of schools, township
7		treasurer or regular employee in the office of the township
8		treasurer of that township. That unfunded liability shall be
9		actuarially determined by the board of trustees of the Illinois
10		Municipal Retirement Fund, and the board of trustees shall
11		thereupon notify each school board required to pay a
12		proportionate share of that unfunded liability of the aggregate
13		amount of the unfunded liability so determined. The amount so
14		paid to the Illinois Municipal Retirement Fund by each of those
15		school districts shall be credited to the account of the
16		township in that Fund. For each elementary school, high school
17		and unit school district under the jurisdiction and authority
18		of a township treasurer and trustees of schools of a township
19		in which those offices are abolished as provided in this
20		subsection, each such district's proportionate share of the
21		aggregate compensation payable to the former township
22		treasurer as provided in this paragraph and each such
23		district's proportionate share of the aggregate amount of the
24		unfunded liability payable to the Illinois Municipal
25		Retirement Fund as provided in this paragraph shall be computed
26		in accordance with the ratio that the number of pupils in

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1		average daily attendance in each such district for the school
2		year last ending prior to the date on which the offices of
3		township treasurer and trustee of schools of that township are
4		abolished bears to the aggregate number of pupils in average
5		daily attendance in all of those districts as so reported for
6		that school year.
7		Upon abolition of the offices of township treasurer and
8		trustee of schools of a township as provided in this
9		subsection: (i) the regional board of school trustees, in its
10		corporate capacity, shall be deemed the successor in interest
11		to the former trustees of schools of that township with respect
12		to the common school lands and township loanable funds of the
13		township; (ii) all right, title and interest existing or vested
14		in the former trustees of schools of that township in the
15		common school lands and township loanable funds of the
16		township, and all records, moneys, securities and other assets,
17		rights of property and causes of action pertaining to or
18		constituting a part of those common school lands or township
19		loanable funds, shall be transferred to and deemed vested by
20		operation of law in the regional board of school trustees,
21		which shall hold legal title to, manage and operate all common
22		school lands and township loanable funds of the township,
23		receive the rents, issues and profits therefrom, and have and
24		exercise with respect thereto the same powers and duties as are
25		provided by this Code to be exercised by regional boards of
26		school trustees when acting as township land commissioners in

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1		counties having at least 220,000 but fewer than 2,000,000
2		inhabitants; (iii) the regional board of school trustees shall
3		select to serve as its treasurer with respect to the common
4		school lands and township loanable funds of the township a
5		person from time to time also serving as the appointed school
6		treasurer of any school district that was subject to the
7		jurisdiction and authority of the township treasurer and
8		trustees of schools of that township at the time those offices
9		were abolished, and the person selected to also serve as
10		treasurer of the regional board of school trustees shall have
11		his compensation for services in that capacity fixed by the
12		regional board of school trustees, to be paid from the township
13		loanable funds, and shall make to the regional board of school
14		trustees the reports required to be made by treasurers of
15		township land commissioners, give bond as required by
16		treasurers of township land commissioners, and perform the
17		duties and exercise the powers of treasurers of township land
18		commissioners; (iv) the regional board of school trustees shall
19		designate in the manner provided by Section 8-7, insofar as
20		applicable, a depositary for its treasurer, and the proceeds of
21		all rents, issues and profits from the common school lands and
22		township loanable funds of that township shall be deposited and
23		held in the account maintained for those purposes with that
24		depositary and shall be expended and distributed therefrom as
25		provided in Section 15-24 and other applicable provisions of
26		this Code; and (v) whenever there is vested in the trustees of

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1		schools of a township at the time that office is abolished
2		under this subsection the legal title to any school buildings
3		or school sites used or occupied for school purposes by any
4		elementary school, high school or unit school district subject
5		to the jurisdiction and authority of those trustees of school
6		at the time that office is abolished, the legal title to those
7		school buildings and school sites shall be deemed transferred
8		by operation of law to and invested in the school board of that
9		school district, in its corporate capacity Section 7-28, the
10		same to be held, sold, exchanged leased or otherwise
11		transferred in accordance with applicable provisions of this
12		Code.
13		Notwithstanding Section 2-3.25g of this Code, a waiver of a
14		mandate 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,
16		eff. 5-31-07; 95-876, eff. 8-21-08.)