Bill Amendment: IL HB0305 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EDUCATION-TECH
Status: 2024-06-21 - Sent to the Governor [HB0305 Detail]
Download: Illinois-2023-HB0305-Senate_Amendment_001.html
Bill Title: EDUCATION-TECH
Status: 2024-06-21 - Sent to the Governor [HB0305 Detail]
Download: Illinois-2023-HB0305-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 305 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 305 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing | ||||||
5 | Sections 5-1, 5-1a, 5-2, 5-2.1, 5-2.2, 5-3, 5-4, 5-12, 5-13, | ||||||
6 | 5-16, and 8-1 as follows:
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7 | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) | ||||||
8 | Sec. 5-1. County school units. | ||||||
9 | (a) The territory in each county, exclusive of any school | ||||||
10 | district governed by any special act which requires the | ||||||
11 | district to appoint its own school treasurer, shall constitute | ||||||
12 | a county school unit. County school units of less than | ||||||
13 | 2,000,000 inhabitants shall be known as Class I county school | ||||||
14 | units and the office of township trustees, where existing on | ||||||
15 | July 1, 1962, in such units shall be abolished on that date and | ||||||
16 | all books and records of such former township trustees shall |
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1 | be forthwith thereafter transferred to the county board of | ||||||
2 | school trustees. County school units of 2,000,000 or more | ||||||
3 | inhabitants shall be known as Class II county school units and | ||||||
4 | shall retain the office of township trustees unless otherwise | ||||||
5 | provided in subsection (b) , or (c) , or (d), or shall be | ||||||
6 | administered as provided Section 5-2.2 . | ||||||
7 | (b) Notwithstanding subsections (a) and (c), the school | ||||||
8 | board of any elementary school district having a fall, 1989 | ||||||
9 | aggregate enrollment of at least 2,500 but less than 6,500 | ||||||
10 | pupils and having boundaries that are coterminous with the | ||||||
11 | boundaries of a high school district, and the school board of | ||||||
12 | any high school district having a fall, 1989 aggregate | ||||||
13 | enrollment of at least 2,500 but less than 6,500 pupils and | ||||||
14 | having boundaries that are coterminous with the boundaries of | ||||||
15 | an elementary school district, may, whenever the territory of | ||||||
16 | such school district forms a part of a Class II county school | ||||||
17 | unit, by proper resolution withdraw such school district from | ||||||
18 | the jurisdiction and authority of the trustees of schools of | ||||||
19 | the township in which such school district is located and from | ||||||
20 | the jurisdiction and authority of the township treasurer in | ||||||
21 | such Class II county school unit; provided that the school | ||||||
22 | board of any such school district shall, upon the adoption and | ||||||
23 | passage of such resolution, thereupon elect or appoint its own | ||||||
24 | school treasurer as provided in Section 8-1. Upon the adoption | ||||||
25 | and passage of such resolution and the election or appointment | ||||||
26 | by the school board of its own school treasurer: (1) the |
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1 | trustees of schools in such township shall no longer have or | ||||||
2 | exercise any powers and duties with respect to the school | ||||||
3 | district governed by such school board or with respect to the | ||||||
4 | school business, operations or assets of such school district; | ||||||
5 | and (2) all books and records of the township trustees | ||||||
6 | relating to the school business and affairs of such school | ||||||
7 | district shall be transferred and delivered to the school | ||||||
8 | board of such school district. Upon the effective date of this | ||||||
9 | amendatory Act of 1993, the legal title to, and all right, | ||||||
10 | title and interest formerly held by the township trustees in | ||||||
11 | any school buildings and school sites used and occupied by the | ||||||
12 | school board of such school district for school purposes, that | ||||||
13 | legal title, right, title and interest thereafter having been | ||||||
14 | transferred to and vested in the regional board of school | ||||||
15 | trustees under P.A. 87-473 until the abolition of that | ||||||
16 | regional board of school trustees by P.A. 87-969, shall be | ||||||
17 | deemed transferred by operation of law to and shall vest in the | ||||||
18 | school board of that school district. | ||||||
19 | Notwithstanding subsections (a) and (c), the school boards | ||||||
20 | of Oak Park & River Forest District 200, Oak Park Elementary | ||||||
21 | School District 97, and River Forest School District 90 may, | ||||||
22 | by proper resolution, withdraw from the jurisdiction and | ||||||
23 | authority of the trustees of schools of Proviso and Cicero | ||||||
24 | Townships and the township treasurer, provided that the school | ||||||
25 | board shall, upon the adoption and passage of the resolution, | ||||||
26 | elect or appoint its own school treasurer as provided in |
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1 | Section 8-1 of this Code. Upon the adoption and passage of the | ||||||
2 | resolution and the election or appointment by the school board | ||||||
3 | of its own school treasurer: (1) the trustees of schools in the | ||||||
4 | township or townships shall no longer have or exercise any | ||||||
5 | powers or duties with respect to the school district or with | ||||||
6 | respect to the school business, operations, or assets of the | ||||||
7 | school district; (2) all books and records of the trustees of | ||||||
8 | schools and all moneys, securities, loanable funds, and other | ||||||
9 | assets relating to the school business and affairs of the | ||||||
10 | school district shall be transferred and delivered to the | ||||||
11 | school board; and (3) all legal title to and all right, title, | ||||||
12 | and interest formerly held by the trustees of schools in any | ||||||
13 | common school lands, school buildings, or school sites used | ||||||
14 | and occupied by the school board and all rights of property and | ||||||
15 | causes of action pertaining to or constituting a part of the | ||||||
16 | common school lands, buildings, or sites shall be deemed | ||||||
17 | transferred by operation of law to and shall vest in the school | ||||||
18 | board. | ||||||
19 | Notwithstanding subsections (a) and (c), the respective | ||||||
20 | school boards of Berwyn North School District 98, Berwyn South | ||||||
21 | School District 100, Cicero School District 99, and J.S. | ||||||
22 | Morton High School District 201 may, by proper resolution, | ||||||
23 | withdraw from the jurisdiction and authority of the trustees | ||||||
24 | of schools of Cicero Township and the township treasurer, | ||||||
25 | provided that the school board shall, upon the adoption and | ||||||
26 | passage of the resolution, elect or appoint its own school |
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1 | treasurer as provided in Section 8-1 of this Code. Upon the | ||||||
2 | adoption and passage of the resolution and the election or | ||||||
3 | appointment by the school board of its own school treasurer: | ||||||
4 | (1) the trustees of schools in the township shall no longer | ||||||
5 | have or exercise any powers or duties with respect to the | ||||||
6 | school district or with respect to the school business, | ||||||
7 | operations, or assets of the school district; (2) all books | ||||||
8 | and records of the trustees of schools and all moneys, | ||||||
9 | securities, loanable funds, and other assets relating to the | ||||||
10 | school business and affairs of the school district shall be | ||||||
11 | transferred and delivered to the school board; and (3) all | ||||||
12 | legal title to and all right, title, and interest formerly | ||||||
13 | held by the trustees of schools in any common school lands, | ||||||
14 | school buildings, or school sites used and occupied by the | ||||||
15 | school board and all rights of property and causes of action | ||||||
16 | pertaining to or constituting a part of the common school | ||||||
17 | lands, buildings, or sites shall be deemed transferred by | ||||||
18 | operation of law to and shall vest in the school board. | ||||||
19 | Notwithstanding subsections (a) and (c) of this Section | ||||||
20 | and upon final judgment, including the exhaustion of all | ||||||
21 | appeals or a settlement between all parties, regarding claims | ||||||
22 | set forth in the case of Township Trustees of Schools Township | ||||||
23 | 38 North, Range 12 East v. Lyons Township High School District | ||||||
24 | No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | ||||||
25 | Court of Cook County, Illinois, County Department, Chancery | ||||||
26 | Division, and all related pending claims, the school board of |
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1 | Lyons Township High School District 204 may commence, by | ||||||
2 | proper resolution, to withdraw from the jurisdiction and | ||||||
3 | authority of the trustees of schools of Lyons Township and the | ||||||
4 | township treasurer, provided that the school board shall, upon | ||||||
5 | the adoption and passage of the resolution, elect or appoint | ||||||
6 | its own school treasurer as provided in Section 8-1 of this | ||||||
7 | Code. Upon the adoption and passage of the resolution and the | ||||||
8 | election or appointment by the school board of its own school | ||||||
9 | treasurer commencing with the first day of the succeeding | ||||||
10 | fiscal year, but not prior to July 1, 2019: (1) the trustees of | ||||||
11 | schools in the township shall no longer have or exercise any | ||||||
12 | powers or duties with respect to the school district or with | ||||||
13 | respect to the school business, operations, or assets of the | ||||||
14 | school district; (2) all books and records of the trustees of | ||||||
15 | schools and all moneys, securities, loanable funds, and other | ||||||
16 | assets relating to the school business and affairs of the | ||||||
17 | school district shall be transferred and delivered to the | ||||||
18 | school board, allowing for a reasonable period of time not to | ||||||
19 | exceed 90 days to liquidate any pooled investments; and (3) | ||||||
20 | all legal title to and all right, title, and interest formerly | ||||||
21 | held by the trustees of schools in any common school lands, | ||||||
22 | school buildings, or school sites used and occupied by the | ||||||
23 | school board and all rights of property and causes of action | ||||||
24 | pertaining to or constituting a part of the common school | ||||||
25 | lands, buildings, or sites shall be deemed transferred by | ||||||
26 | operation of law to and shall vest in the school board. The |
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1 | changes made to this Section by this amendatory Act of the | ||||||
2 | 100th General Assembly are prospective only, starting from the | ||||||
3 | effective date of this amendatory Act of the 100th General | ||||||
4 | Assembly, and shall not affect any legal action pending on the | ||||||
5 | effective date of this amendatory Act of the 100th General | ||||||
6 | Assembly in the Illinois courts in which Lyons Township High | ||||||
7 | School District 204 is a listed party. | ||||||
8 | Notwithstanding subsections (a) and (c), the school boards | ||||||
9 | of Glenbrook High School District 225, Northbrook Elementary | ||||||
10 | School District 27, Northbrook School District 28, Sunset | ||||||
11 | Ridge School District 29, Northbrook/Glenview School District | ||||||
12 | 30, West Northfield School District 31, and Glenview Community | ||||||
13 | Consolidated School District 34 may, by proper resolution, | ||||||
14 | withdraw from the jurisdiction and authority of the trustees | ||||||
15 | of schools of Northfield and Maine Townships and the township | ||||||
16 | treasurer, provided that the school board shall, upon the | ||||||
17 | adoption and passage of the resolution, elect or appoint its | ||||||
18 | own school treasurer as provided in Section 8-1 of this Code. | ||||||
19 | Upon the adoption and passage of the resolution and the | ||||||
20 | election or appointment by the school board of its own school | ||||||
21 | treasurer: (1) the trustees of schools in the township or | ||||||
22 | townships shall no longer have or exercise any powers or | ||||||
23 | duties with respect to the school district or with respect to | ||||||
24 | the school business, operations, or assets of the school | ||||||
25 | district; (2) all books and records of the trustees of schools | ||||||
26 | and all moneys, securities, loanable funds, and other assets |
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1 | relating to the school business and affairs of the school | ||||||
2 | district shall be transferred and delivered to the school | ||||||
3 | board; and (3) all legal title to and all right, title, and | ||||||
4 | interest formerly held by the trustees of schools in any | ||||||
5 | common school lands, school buildings, or school sites used | ||||||
6 | and occupied by the school board and all rights of property and | ||||||
7 | causes of action pertaining to or constituting a part of the | ||||||
8 | common school lands, buildings, or sites shall be deemed | ||||||
9 | transferred by operation of law to and shall vest in the school | ||||||
10 | board. | ||||||
11 | (c) Notwithstanding the provisions of subsection (a), the | ||||||
12 | offices of township treasurer and trustee of schools of any | ||||||
13 | township located in a Class II county school unit shall be | ||||||
14 | abolished as provided in this subsection if all of the | ||||||
15 | following conditions are met: | ||||||
16 | (1) During the same 30 day period, each school board | ||||||
17 | of each elementary and unit school district that is | ||||||
18 | subject to the jurisdiction and authority of the township | ||||||
19 | treasurer and trustees of schools of the township in which | ||||||
20 | those offices are sought to be abolished gives written | ||||||
21 | notice by certified mail, return receipt requested to the | ||||||
22 | township treasurer and trustees of schools of that | ||||||
23 | township of the date of a meeting of the school board, to | ||||||
24 | be held not more than 90 nor less than 60 days after the | ||||||
25 | date when the notice is given, at which meeting the school | ||||||
26 | board is to consider and vote upon the question of whether |
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1 | there shall be submitted to the electors of the school | ||||||
2 | district a proposition to abolish the offices of township | ||||||
3 | treasurer and trustee of schools of that township. None of | ||||||
4 | the notices given under this paragraph to the township | ||||||
5 | treasurer and trustees of schools of a township shall be | ||||||
6 | deemed sufficient or in compliance with the requirements | ||||||
7 | of this paragraph unless all of those notices are given | ||||||
8 | within the same 30 day period. | ||||||
9 | (2) Each school board of each elementary and unit | ||||||
10 | school district that is subject to the jurisdiction and | ||||||
11 | authority of the township treasurer and trustees of | ||||||
12 | schools of the township in which those offices are sought | ||||||
13 | to be abolished, by the affirmative vote of at least 5 | ||||||
14 | members of the school board at a school board meeting of | ||||||
15 | which notice is given as required by paragraph (1) of this | ||||||
16 | subsection, adopts a resolution requiring the secretary of | ||||||
17 | the school board to certify to the proper election | ||||||
18 | authorities for submission to the electors of the school | ||||||
19 | district at the next consolidated election in accordance | ||||||
20 | with the general election law a proposition to abolish the | ||||||
21 | offices of township treasurer and trustee of schools of | ||||||
22 | that township. None of the resolutions adopted under this | ||||||
23 | paragraph by any elementary or unit school districts that | ||||||
24 | are subject to the jurisdiction and authority of the | ||||||
25 | township treasurer and trustees of schools of the township | ||||||
26 | in which those offices are sought to be abolished shall be |
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1 | deemed in compliance with the requirements of this | ||||||
2 | paragraph or sufficient to authorize submission of the | ||||||
3 | proposition to abolish those offices to a referendum of | ||||||
4 | the electors in any such school district unless all of the | ||||||
5 | school boards of all of the elementary and unit school | ||||||
6 | districts that are subject to the jurisdiction and | ||||||
7 | authority of the township treasurer and trustees of | ||||||
8 | schools of that township adopt such a resolution in | ||||||
9 | accordance with the provisions of this paragraph. | ||||||
10 | (3) The school boards of all of the elementary and | ||||||
11 | unit school districts that are subject to the jurisdiction | ||||||
12 | and authority of the township treasurer and trustees of | ||||||
13 | schools of the township in which those offices are sought | ||||||
14 | to be abolished submit a proposition to abolish the | ||||||
15 | offices of township treasurer and trustee of schools of | ||||||
16 | that township to the electors of their respective school | ||||||
17 | districts at the same consolidated election in accordance | ||||||
18 | with the general election law, the ballot in each such | ||||||
19 | district to be in substantially the following form: | ||||||
20 | ---------------------------------------------- | ||||||
21 | OFFICIAL BALLOT | ||||||
22 | Shall the offices of township
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23 | treasurer and YES
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24 | trustee of -------------
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25 | schools of Township ..... NO
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26 | Range ..... be abolished?
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1 | --------------------------------------------------------- | ||||||
2 | (4) At the consolidated election at which the | ||||||
3 | proposition to abolish the offices of township treasurer | ||||||
4 | and trustee of schools of a township is submitted to the | ||||||
5 | electors of each elementary and unit school district that | ||||||
6 | is subject to the jurisdiction and authority of the | ||||||
7 | township treasurer and trustee of schools of that | ||||||
8 | township, a majority of the electors voting on the | ||||||
9 | proposition in each such elementary and unit school | ||||||
10 | district votes in favor of the proposition as submitted to | ||||||
11 | them. | ||||||
12 | If in each elementary and unit school district that is | ||||||
13 | subject to the jurisdiction and authority of the township | ||||||
14 | treasurer and trustees of schools of the township in which | ||||||
15 | those offices are sought to be abolished a majority of the | ||||||
16 | electors in each such district voting at the consolidated | ||||||
17 | election on the proposition to abolish the offices of township | ||||||
18 | treasurer and trustee of schools of that township votes in | ||||||
19 | favor of the proposition as submitted to them, the proposition | ||||||
20 | shall be deemed to have passed; but if in any such elementary | ||||||
21 | or unit school district a majority of the electors voting on | ||||||
22 | that proposition in that district fails to vote in favor of the | ||||||
23 | proposition as submitted to them, then notwithstanding the | ||||||
24 | vote of the electors in any other such elementary or unit | ||||||
25 | school district on that proposition the proposition shall not | ||||||
26 | be deemed to have passed in any of those elementary or unit |
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1 | school districts, and the offices of township treasurer and | ||||||
2 | trustee of schools of the township in which those offices were | ||||||
3 | sought to be abolished shall not be abolished, unless in each | ||||||
4 | of those elementary and unit school districts remaining | ||||||
5 | subject to the jurisdiction and authority of the township | ||||||
6 | treasurer and trustees of schools of that township proceedings | ||||||
7 | are again initiated to abolish those offices and all of the | ||||||
8 | proceedings and conditions prescribed in paragraphs (1) | ||||||
9 | through (4) of this subsection are repeated and met in each of | ||||||
10 | those elementary and unit school districts. | ||||||
11 | Notwithstanding the foregoing provisions of this Section | ||||||
12 | or any other provision of the School Code, the offices of | ||||||
13 | township treasurer and trustee of schools of a township that | ||||||
14 | has a population of less than 200,000 and that contains a unit | ||||||
15 | school district and is located in a Class II county school unit | ||||||
16 | shall also be abolished as provided in this subsection if all | ||||||
17 | of the conditions set forth in paragraphs (1), (2), and (3) of | ||||||
18 | this subsection are met and if the following additional | ||||||
19 | condition is met: | ||||||
20 | The electors in all of the school districts 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 shall vote at the | ||||||
24 | consolidated election on the proposition to abolish the | ||||||
25 | offices of township treasurer and trustee of schools of | ||||||
26 | that township. If a majority of the electors in all of the |
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1 | school districts combined voting on the proposition vote | ||||||
2 | in favor of the proposition, then the proposition shall be | ||||||
3 | deemed to have passed; but if a majority of the electors | ||||||
4 | voting on the proposition in all of the school district | ||||||
5 | fails to vote in favor of the proposition as submitted to | ||||||
6 | them, then the proposition shall not be deemed to have | ||||||
7 | passed and the offices of township treasurer and trustee | ||||||
8 | of schools of the township in which those offices were | ||||||
9 | sought to be abolished shall not be abolished, unless and | ||||||
10 | until the proceedings detailed in paragraphs (1) through | ||||||
11 | (3) of this subsection and the conditions set forth in | ||||||
12 | this paragraph are met. | ||||||
13 | If the proposition to abolish the offices of township | ||||||
14 | treasurer and trustee of schools of a township is deemed to | ||||||
15 | have passed at the consolidated election as provided in this | ||||||
16 | subsection, those offices shall be deemed abolished by | ||||||
17 | operation of law effective on January 1 of the calendar year | ||||||
18 | immediately following the calendar year in which that | ||||||
19 | consolidated election is held, provided that if after the | ||||||
20 | election, the trustees of schools by resolution elect to | ||||||
21 | abolish the offices of township treasurer and trustee of | ||||||
22 | schools effective on July 1 immediately following the | ||||||
23 | election, then the offices shall be abolished on July 1 | ||||||
24 | immediately following the election. On the date that the | ||||||
25 | offices of township treasurer and trustee of schools of a | ||||||
26 | township are deemed abolished by operation of law, the school |
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1 | board of each elementary and unit school district and the | ||||||
2 | school board of each high school district that is subject to | ||||||
3 | the jurisdiction and authority of the township treasurer and | ||||||
4 | trustees of schools of that township at the time those offices | ||||||
5 | are abolished: (i) shall appoint its own school treasurer as | ||||||
6 | provided in Section 8-1; and (ii) unless the term of the | ||||||
7 | contract of a township treasurer expires on the date that the | ||||||
8 | office of township treasurer is abolished, shall pay to the | ||||||
9 | former township treasurer its proportionate share of any | ||||||
10 | aggregate compensation that, were the office of township | ||||||
11 | treasurer not abolished at that time, would have been payable | ||||||
12 | to the former township treasurer after that date over the | ||||||
13 | remainder of the term of the contract of the former township | ||||||
14 | treasurer that began prior to but ends after that date. In | ||||||
15 | addition, on the date that the offices of township treasurer | ||||||
16 | and trustee of schools of a township are deemed abolished as | ||||||
17 | provided in this subsection, the school board of each | ||||||
18 | elementary school, high school and unit school district that | ||||||
19 | until that date is subject to the jurisdiction and authority | ||||||
20 | of the township treasurer and trustees of schools of that | ||||||
21 | township shall be deemed by operation of law to have agreed and | ||||||
22 | assumed to pay and, when determined, shall pay to the Illinois | ||||||
23 | Municipal Retirement Fund a proportionate share of the | ||||||
24 | unfunded liability existing in that Fund at the time these | ||||||
25 | offices are abolished in that calendar year for all annuities | ||||||
26 | or other benefits then or thereafter to become payable from |
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1 | that Fund with respect to all periods of service performed | ||||||
2 | prior to that date as a participating employee in that Fund by | ||||||
3 | persons serving during those periods of service as a trustee | ||||||
4 | of schools, township treasurer or regular employee in the | ||||||
5 | office of the township treasurer of that township. That | ||||||
6 | unfunded liability shall be actuarially determined by the | ||||||
7 | board of trustees of the Illinois Municipal Retirement Fund, | ||||||
8 | and the board of trustees shall thereupon notify each school | ||||||
9 | board required to pay a proportionate share of that unfunded | ||||||
10 | liability of the aggregate amount of the unfunded liability so | ||||||
11 | determined. The amount so paid to the Illinois Municipal | ||||||
12 | Retirement Fund by each of those school districts shall be | ||||||
13 | credited to the account of the township in that Fund. For each | ||||||
14 | elementary school, high school and unit school district under | ||||||
15 | the jurisdiction and authority of a township treasurer and | ||||||
16 | trustees of schools of a township in which those offices are | ||||||
17 | abolished as provided in this subsection, each such district's | ||||||
18 | proportionate share of the aggregate compensation payable to | ||||||
19 | the former township treasurer as provided in this paragraph | ||||||
20 | and each such district's proportionate share of the aggregate | ||||||
21 | amount of the unfunded liability payable to the Illinois | ||||||
22 | Municipal Retirement Fund as provided in this paragraph shall | ||||||
23 | be computed in accordance with the ratio that the number of | ||||||
24 | pupils in average daily attendance in each such district for | ||||||
25 | the school year last ending prior to the date on which the | ||||||
26 | offices of township treasurer and trustee of schools of that |
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1 | township are abolished bears to the aggregate number of pupils | ||||||
2 | in average daily attendance in all of those districts as so | ||||||
3 | reported for that school year. | ||||||
4 | Upon abolition of the offices of township treasurer and | ||||||
5 | trustee of schools of a township as provided in this | ||||||
6 | subsection: (i) the regional board of school trustees, in its | ||||||
7 | corporate capacity, shall be deemed the successor in interest | ||||||
8 | to the former trustees of schools of that township with | ||||||
9 | respect to the common school lands and township loanable funds | ||||||
10 | of the township; (ii) all right, title and interest existing | ||||||
11 | or vested in the former trustees of schools of that township in | ||||||
12 | the common school lands and township loanable funds of the | ||||||
13 | township, and all records, moneys, securities and other | ||||||
14 | assets, rights of property and causes of action pertaining to | ||||||
15 | or constituting a part of those common school lands or | ||||||
16 | township loanable funds, shall be transferred to and deemed | ||||||
17 | vested by operation of law in the regional board of school | ||||||
18 | trustees, which shall hold legal title to, manage and operate | ||||||
19 | all common school lands and township loanable funds of the | ||||||
20 | township, receive the rents, issues and profits therefrom, and | ||||||
21 | have and exercise with respect thereto the same powers and | ||||||
22 | duties as are provided by this Code to be exercised by regional | ||||||
23 | boards of school trustees when acting as township land | ||||||
24 | commissioners in counties having at least 220,000 but fewer | ||||||
25 | than 2,000,000 inhabitants; (iii) the regional board of school | ||||||
26 | trustees shall select to serve as its treasurer with respect |
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1 | to the common school lands and township loanable funds of the | ||||||
2 | township a person from time to time also serving as the | ||||||
3 | appointed school treasurer of any school district that was | ||||||
4 | subject to the jurisdiction and authority of the township | ||||||
5 | treasurer and trustees of schools of that township at the time | ||||||
6 | those offices were abolished, and the person selected to also | ||||||
7 | serve as treasurer of the regional board of school trustees | ||||||
8 | shall have his compensation for services in that capacity | ||||||
9 | fixed by the regional board of school trustees, to be paid from | ||||||
10 | the township loanable funds, and shall make to the regional | ||||||
11 | board of school trustees the reports required to be made by | ||||||
12 | treasurers of township land commissioners, give bond as | ||||||
13 | required by treasurers of township land commissioners, and | ||||||
14 | perform the duties and exercise the powers of treasurers of | ||||||
15 | township land commissioners; (iv) the regional board of school | ||||||
16 | trustees shall designate in the manner provided by Section | ||||||
17 | 8-7, insofar as applicable, a depositary for its treasurer, | ||||||
18 | and the proceeds of all rents, issues and profits from the | ||||||
19 | common school lands and township loanable funds of that | ||||||
20 | township shall be deposited and held in the account maintained | ||||||
21 | for those purposes with that depositary and shall be expended | ||||||
22 | and distributed therefrom as provided in Section 15-24 and | ||||||
23 | other applicable provisions of this Code; and (v) whenever | ||||||
24 | there is vested in the trustees of schools of a township at the | ||||||
25 | time that office is abolished under this subsection the legal | ||||||
26 | title to any school buildings or school sites used or occupied |
| |||||||
| |||||||
1 | for school purposes by any elementary school, high school or | ||||||
2 | unit school district subject to the jurisdiction and authority | ||||||
3 | of those trustees of school at the time that office is | ||||||
4 | abolished, the legal title to those school buildings and | ||||||
5 | school sites shall be deemed transferred by operation of law | ||||||
6 | to and invested in the school board of that school district, in | ||||||
7 | its corporate capacity under Section 10-22.35B of this Code, | ||||||
8 | the same to be held, sold, exchanged leased or otherwise | ||||||
9 | transferred in accordance with applicable provisions of this | ||||||
10 | Code. | ||||||
11 | Notwithstanding Section 2-3.25g of this Code, a waiver of | ||||||
12 | a mandate established under this Section may not be requested. | ||||||
13 | (d) Notwithstanding any other provision of law, any school | ||||||
14 | district that forms a part of a Class II county school unit | ||||||
15 | may, by a resolution adopted by at least two-thirds of the | ||||||
16 | members of the school board of a school district, withdraw a | ||||||
17 | school district from the jurisdiction and authority of the | ||||||
18 | trustees of schools of the township in which such school | ||||||
19 | district is located and from the jurisdiction and authority of | ||||||
20 | the township treasurer of the township in which such school | ||||||
21 | district is located, provided that the school board of the | ||||||
22 | school district shall, upon the adoption and passage of such | ||||||
23 | resolution, thereupon elect or appoint its own school | ||||||
24 | treasurer as provided in Section 8-1 of this Code. The | ||||||
25 | appointed school treasurer may include a township treasurer. | ||||||
26 | The school board may enter into a contractual or |
| |||||||
| |||||||
1 | intergovernmental agreement with an appointed school treasurer | ||||||
2 | for school treasurer services. | ||||||
3 | Upon adoption and passage of the resolution and the | ||||||
4 | election or appointment by the school board of its own school | ||||||
5 | treasurer commencing with the first day of the succeeding | ||||||
6 | fiscal year, but not prior to July 1, 2025: (1) the trustees of | ||||||
7 | schools in the township or townships shall no longer have or | ||||||
8 | exercise any powers or duties with respect to the school | ||||||
9 | district or with respect to the school business, operations, | ||||||
10 | or assets of the school district; (2) all books and records of | ||||||
11 | the trustees of schools and all moneys, securities, loanable | ||||||
12 | funds, and other assets relating to the school business and | ||||||
13 | affairs of the school district shall be transferred and | ||||||
14 | delivered to the school board; and (3) all legal title to and | ||||||
15 | all right, title, and interest formerly held by the trustees | ||||||
16 | of schools in any common school lands, school buildings, or | ||||||
17 | school sites used and occupied by the school board and all | ||||||
18 | rights of property and causes of action pertaining to or | ||||||
19 | constituting a part of the common school lands, buildings, or | ||||||
20 | sites shall be deemed transferred by operation of law to and | ||||||
21 | shall vest in the school board. | ||||||
22 | (Source: P.A. 103-144, eff. 6-30-23.)
| ||||||
23 | (105 ILCS 5/5-2) (from Ch. 122, par. 5-2) | ||||||
24 | Sec. 5-2. Governing board. | ||||||
25 | (a) Except as otherwise provided in subsection (b), the |
| |||||||
| |||||||
1 | school business of all school townships having school trustees | ||||||
2 | shall be transacted by three trustees, to be elected by the | ||||||
3 | qualified voters of the township, as provided in this Article | ||||||
4 | 5. | ||||||
5 | (b) This subsection (b) applies only to the trustees of | ||||||
6 | schools of Township 38 North, Range 12 East. The school | ||||||
7 | business of the township shall be transacted by 4 trustees | ||||||
8 | elected by the qualified voters of the township, as provided | ||||||
9 | in this Article 5, and 3 trustees appointed by the school | ||||||
10 | districts within the township, as provided in this subsection | ||||||
11 | (b). An elected trustee and an appointed trustee may represent | ||||||
12 | the same school district. Any trustee, whether elected or | ||||||
13 | appointed, may serve as an officer of the trustees of schools. | ||||||
14 | The 3 trustees to be appointed shall each be appointed for | ||||||
15 | a term of one year as follows: | ||||||
16 | (1) The school boards of Argo Community High School | ||||||
17 | District 217, Summit School District 104, Willow Springs | ||||||
18 | School District 108, and Indian Springs School District | ||||||
19 | 109 shall collectively appoint one school board member as | ||||||
20 | a trustee through a nomination process and by a majority | ||||||
21 | vote or by consensus among the school boards. A trustee | ||||||
22 | appointed under this paragraph (1) may be reappointed for | ||||||
23 | a second term as provided under this paragraph (1). After | ||||||
24 | the appointed term or reappointed term of the trustee | ||||||
25 | expires, the school boards shall appoint a successor | ||||||
26 | trustee pursuant to this paragraph (1). |
| |||||||
| |||||||
1 | (2) The school boards of Western Springs School | ||||||
2 | District 101, La Grange School District 102, Lyons School | ||||||
3 | District 103, La Grange School District 105 South, | ||||||
4 | LaGrange Highlands School District 106, and Pleasantdale | ||||||
5 | School District 107 shall collectively appoint one school | ||||||
6 | board member as a trustee through a nomination process and | ||||||
7 | by a majority vote or by consensus among the school | ||||||
8 | boards. A trustee appointed under this paragraph (2) may | ||||||
9 | be reappointed for a second term as provided under this | ||||||
10 | paragraph (2). After the appointed term or reappointed | ||||||
11 | term of the trustee expires, the school boards shall | ||||||
12 | appoint a successor trustee pursuant to this paragraph | ||||||
13 | (2). | ||||||
14 | (3) Each year, among the school board presidents of | ||||||
15 | the school districts within the township, one school board | ||||||
16 | president shall be selected through a nomination process | ||||||
17 | and by a majority vote to appoint a trustee. If no | ||||||
18 | president of a school board is nominated, another officer | ||||||
19 | of one of the school boards may be nominated. For the | ||||||
20 | even-numbered year term, a trustee appointed under this | ||||||
21 | paragraph (3) must be from a feeder elementary school | ||||||
22 | district for Argo Community High School District 217, and, | ||||||
23 | for the odd-numbered year term, a trustee appointed under | ||||||
24 | this paragraph (3) must be from a feeder elementary school | ||||||
25 | district for Lyons Township High School District 204. | ||||||
26 | (c) The trustees shall be a body politic and corporate, by |
| |||||||
| |||||||
1 | the name of "trustees of schools of township No. ...., range | ||||||
2 | No. ....," according to the number, or in case of school | ||||||
3 | townships created from two or more congressional townships, | ||||||
4 | such name shall be "trustees of .... township .... county, | ||||||
5 | Illinois." Such corporation shall have perpetual existence, | ||||||
6 | with power to sue and be sued, and to plead and be impleaded, | ||||||
7 | in all courts and places where judicial proceedings are had. | ||||||
8 | (Source: P.A. 102-924, eff. 5-27-22.)
| ||||||
9 | (105 ILCS 5/5-2.1) (from Ch. 122, par. 5-2.1) | ||||||
10 | Sec. 5-2.1. Eligible Voters: For the purposes of this | ||||||
11 | Article persons who are qualified to vote in school elections | ||||||
12 | shall be eligible to vote for the trustees of schools who have | ||||||
13 | jurisdiction over the elementary school district or unit | ||||||
14 | school district in which the person resides. | ||||||
15 | If the application of this Section results in an elector | ||||||
16 | voting for trustees of a school township in which he does not | ||||||
17 | reside because the elementary or unit school district crosses | ||||||
18 | township boundaries and has been assigned to the jurisdiction | ||||||
19 | of the trustees of an adjoining township, that elector shall | ||||||
20 | also be eligible to vote for the trustees of the township | ||||||
21 | within which he resides. Moreover, an elector who resides in a | ||||||
22 | high school district that crosses township boundaries and has | ||||||
23 | been assigned to the jurisdiction of the trustees of an | ||||||
24 | adjoining township shall be eligible to vote for both the | ||||||
25 | trustees of the township in which he or she resides and the |
| |||||||
| |||||||
1 | trustees of the township having jurisdiction over the high | ||||||
2 | school district in which he or she resides. | ||||||
3 | This Section is repealed on the effective date of this | ||||||
4 | amendatory Act of the 103rd General Assembly. | ||||||
5 | (Source: P.A. 94-432, eff. 8-2-05.)
| ||||||
6 | (105 ILCS 5/5-2.2) | ||||||
7 | Sec. 5-2.2. Designation of trustees ; Township 36 North, | ||||||
8 | Range 13 East . After the April 5, 2011 consolidated election, | ||||||
9 | the trustees of schools in Township 36 North, Range 13 East | ||||||
10 | shall no longer be elected pursuant to the provisions of | ||||||
11 | Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any | ||||||
12 | such trustees elected before such date may complete the term | ||||||
13 | to which that trustee was elected, but shall not be succeeded | ||||||
14 | by election. Instead, the board of education or board of | ||||||
15 | school directors of each of the elementary and high school | ||||||
16 | districts that are subject to the jurisdiction of Township 36 | ||||||
17 | North, Range 13 East shall appoint one of the members to serve | ||||||
18 | as trustee of schools. The trustees of schools shall be | ||||||
19 | appointed by each board of education or board of school | ||||||
20 | directors within 60 days after the effective date of this | ||||||
21 | amendatory Act of the 97th General Assembly and shall | ||||||
22 | reorganize within 30 days after all the trustees of schools | ||||||
23 | have been appointed or within 30 days after all the trustees of | ||||||
24 | schools were due to have been appointed, whichever is sooner. | ||||||
25 | Trustees of schools so appointed shall serve at the pleasure |
| |||||||
| |||||||
1 | of the board of education or board of school directors | ||||||
2 | appointing them, but in no event longer than 2 years unless | ||||||
3 | reappointed. | ||||||
4 | After the April 4, 2023 consolidated election, no trustees | ||||||
5 | of schools shall be elected. Any trustees elected or appointed | ||||||
6 | on or before April 4, 2023 may complete the term to which that | ||||||
7 | trustee was trustees elected or appointed, but may not be | ||||||
8 | succeeded by election. Each school board of each school | ||||||
9 | district that is a part of a Class II county school unit shall | ||||||
10 | appoint one member of the school board or one school employee | ||||||
11 | to serve as trustee of schools of the township in which such | ||||||
12 | school district is located. The trustees of schools shall be | ||||||
13 | appointed by each school board within 60 days after the | ||||||
14 | effective date of this amendatory Act of the 103rd General | ||||||
15 | Assembly and shall reorganize within 30 days after all the | ||||||
16 | trustees of schools have been appointed or within 90 days | ||||||
17 | after the effective date of this amendatory Act of the 103rd | ||||||
18 | General Assembly, whichever is sooner. A trustee of schools | ||||||
19 | shall serve at the pleasure of the school board that appointed | ||||||
20 | the trustee of schools but may not serve as a trustee of | ||||||
21 | schools for longer than 2 years unless reappointed by the | ||||||
22 | school board. | ||||||
23 | A majority of members of the trustees of schools shall | ||||||
24 | constitute a quorum for the transaction of business. The | ||||||
25 | trustees shall organize by appointing one of their number | ||||||
26 | president, who shall hold the office for 2 years. If the |
| |||||||
| |||||||
1 | president is absent from any meeting, or refuses to perform | ||||||
2 | any of the duties of the office, a president pro-tempore may be | ||||||
3 | appointed. Trustees who serve on the board as a result of | ||||||
4 | appointment or election at the time of the reorganization | ||||||
5 | shall continue to serve as a member of the trustees of schools, | ||||||
6 | with no greater or lesser authority than any other trustee, | ||||||
7 | until such time as their elected term expires. | ||||||
8 | Each trustee of schools appointed by a board of education | ||||||
9 | or board of school directors shall be entitled to | ||||||
10 | indemnification and protection against claims and suits by the | ||||||
11 | board that appointed that trustee of schools for acts or | ||||||
12 | omissions as a trustee of schools in the same manner and to the | ||||||
13 | same extent as the trustee of schools is entitled to | ||||||
14 | indemnification and protection for acts or omissions as a | ||||||
15 | member of the board of education or board of school directors | ||||||
16 | under Section 10-20.20 of this Code. | ||||||
17 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
18 | (105 ILCS 5/5-3) (from Ch. 122, par. 5-3) | ||||||
19 | Sec. 5-3. Eligibility of trustees. No person shall be | ||||||
20 | eligible to the office of trustee of schools who is not a | ||||||
21 | resident of the township and at least 18 years of age. If there | ||||||
22 | are 3 or more school districts in a township which are subject | ||||||
23 | to the jurisdiction of the trustees of schools of that | ||||||
24 | township, no 2 trustees shall reside, when elected, in the | ||||||
25 | same school district; except that in townships in which at |
| |||||||
| |||||||
1 | least 90% of the electors reside in one school district which | ||||||
2 | is subject to the jurisdiction of the trustees of schools of | ||||||
3 | that township, this restriction shall not apply. No person | ||||||
4 | shall be eligible to the office of trustee of schools and | ||||||
5 | school director or school board member at the same time. | ||||||
6 | This Section does not apply to trustees appointed under | ||||||
7 | subsection (b) of Section 5-2. | ||||||
8 | This Section is repealed on the effective date of this | ||||||
9 | amendatory Act of the 103rd General Assembly. | ||||||
10 | (Source: P.A. 102-924, eff. 5-27-22.)
| ||||||
11 | (105 ILCS 5/5-4) (from Ch. 122, par. 5-4) | ||||||
12 | Sec. 5-4. Election of trustees. The election of trustees | ||||||
13 | of schools shall be held in odd-numbered years at the election | ||||||
14 | specified in the general election law. In townships in which | ||||||
15 | no election for school trustees has been held, or in townships | ||||||
16 | in which from any cause there are no trustees of schools and | ||||||
17 | the law requires that there be school trustees, the election | ||||||
18 | of trustees of schools shall be held at the same time. | ||||||
19 | No person shall be nominated for the office of trustee of | ||||||
20 | schools, in townships containing 20,000 inhabitants or over, | ||||||
21 | except by petition signed by at least 5% or 500 of the voters | ||||||
22 | of the school township in which the person is seeking | ||||||
23 | nomination and election who last cast votes in the most recent | ||||||
24 | election, whichever is less, filed with the township | ||||||
25 | treasurer, or, in case of a first election, with the county |
| |||||||
| |||||||
1 | clerk. | ||||||
2 | A candidate for election as a school trustee, who has | ||||||
3 | petitioned for nomination to fill a full term and to fill a | ||||||
4 | vacant term to be voted upon at the same election, must | ||||||
5 | withdraw his or her petition for nomination from either the | ||||||
6 | full term or the vacant term by written declaration, which | ||||||
7 | shall be signed and acknowledged by an officer authorized to | ||||||
8 | take such acknowledgments and which is filed with the township | ||||||
9 | treasurer in the township in which he or she is a candidate | ||||||
10 | within the time provided by the general election law. | ||||||
11 | This Section is repealed on the effective date of this | ||||||
12 | amendatory Act of the 103rd General Assembly. | ||||||
13 | (Source: P.A. 102-924, eff. 5-27-22.)
| ||||||
14 | (105 ILCS 5/5-12) (from Ch. 122, par. 5-12) | ||||||
15 | Sec. 5-12. Trustees' names and townships to regional | ||||||
16 | superintendent. The returns of an election for trustees of | ||||||
17 | schools shall be made to the county clerk. He shall furnish to | ||||||
18 | the regional superintendent of schools, within 7 days after | ||||||
19 | the returns have been made, the names of the trustees so | ||||||
20 | returned to him, and shall specify the townships in which they | ||||||
21 | have been elected. | ||||||
22 | This Section is repealed on the effective date of this | ||||||
23 | amendatory Act of the 103rd General Assembly. | ||||||
24 | (Source: P.A. 81-1490.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/5-13) (from Ch. 122, par. 5-13) | ||||||
2 | Sec. 5-13. Term of office of trustees. In townships | ||||||
3 | already organized, the school trustee shall be elected in each | ||||||
4 | odd numbered year for a term of 6 years to succeed the trustee | ||||||
5 | whose term expires in such odd numbered year. | ||||||
6 | The first-elected trustees in a newly organized township | ||||||
7 | shall at their first meeting cast lots for their respective | ||||||
8 | terms of office, for 2, 4 and 6 years; and thereafter 1 trustee | ||||||
9 | shall be elected in each odd-numbered year. | ||||||
10 | This Section is inoperative on the effective date of this | ||||||
11 | amendatory Act of the 103rd General Assembly. | ||||||
12 | (Source: P.A. 81-1490.)
| ||||||
13 | (105 ILCS 5/5-16) (from Ch. 122, par. 5-16) | ||||||
14 | Sec. 5-16. Meetings - Quorum. The trustees of school shall | ||||||
15 | hold regular meetings on the first Monday of each calendar | ||||||
16 | quarter or if such Monday falls on a holiday, then on the | ||||||
17 | following Monday. Special meetings may be called at any time | ||||||
18 | by the president or by a majority of the two members. A | ||||||
19 | majority of the Two members shall constitute a quorum for the | ||||||
20 | transaction of business. | ||||||
21 | (Source: P.A. 81-338.)
| ||||||
22 | (105 ILCS 5/8-1) (from Ch. 122, par. 8-1) | ||||||
23 | Sec. 8-1. Treasurers. | ||||||
24 | (a) Except as otherwise provided in subsections (b) and |
| |||||||
| |||||||
1 | (c), in Class II county school units the trustees of schools | ||||||
2 | shall appoint a treasurer who shall be ex-officio clerk of the | ||||||
3 | board. The term of the township treasurer shall be for a 2 year | ||||||
4 | period beginning and ending on the first of July. The | ||||||
5 | treasurer shall be a resident of the township, but not be a | ||||||
6 | trustee, or school board member. He shall attend all meetings | ||||||
7 | and keep a record of the official proceedings of the trustees | ||||||
8 | of schools. Such record shall be open to public inspection. | ||||||
9 | All proceedings, when recorded, shall be signed by the | ||||||
10 | president and the clerk. If the clerk is absent, or refuses to | ||||||
11 | perform any of his duties, a clerk pro tempore may be | ||||||
12 | appointed. For sufficient cause the treasurer may be removed | ||||||
13 | from office by the trustees of schools. In case of a vacancy | ||||||
14 | the trustees of schools shall elect a treasurer for the | ||||||
15 | unexpired term. | ||||||
16 | (b) In Class I county school units, and in each school | ||||||
17 | district which forms a part of a Class II county school unit | ||||||
18 | but which has withdrawn from the jurisdiction and authority of | ||||||
19 | the trustees of schools of the township in which such school | ||||||
20 | district is located and from the jurisdiction and authority of | ||||||
21 | the township treasurer in such Class II county school unit as | ||||||
22 | provided in subsection (b) of Section 5-1, each school board | ||||||
23 | shall either elect one of its members to serve as treasurer | ||||||
24 | without salary for a period of one year or appoint someone, not | ||||||
25 | a member of the school board, as its treasurer, and, except as | ||||||
26 | provided in this Section the board shall fix his compensation. |
| |||||||
| |||||||
1 | An appointed treasurer shall serve at the pleasure of the | ||||||
2 | board. An appointed treasurer shall be at least 21 years of | ||||||
3 | age, of approved integrity, but not a member of the county | ||||||
4 | board of school trustees. The records of the treasurer shall | ||||||
5 | be open to public inspection. Two or more such districts may | ||||||
6 | appoint the same treasurer. In case of a vacancy caused by the | ||||||
7 | death, resignation or the removal from office of the school | ||||||
8 | treasurer the school board shall appoint a treasurer. The | ||||||
9 | school board may determine the temporary incapacity of its | ||||||
10 | treasurer occasioned by illness, absence from the district or | ||||||
11 | any other cause which prevents the prompt performance of his | ||||||
12 | duties and appoint an acting treasurer to serve until the | ||||||
13 | board determines such temporary incapacity no longer exists. | ||||||
14 | (c) The school board of each elementary school, high | ||||||
15 | school and unit school district that forms a part of a Class II | ||||||
16 | county school unit and that was under the jurisdiction and | ||||||
17 | authority of the township treasurer and trustees of schools of | ||||||
18 | a township at the time those offices were abolished in that | ||||||
19 | township as provided in subsection (c) of Section 5-1 shall | ||||||
20 | appoint a person to serve as treasurer of the school board. The | ||||||
21 | term of each school treasurer appointed under this subsection | ||||||
22 | shall be for a 2 year period beginning and ending on the first | ||||||
23 | day of July. A person appointed under this subsection to serve | ||||||
24 | as treasurer of a school board shall not be the superintendent | ||||||
25 | of schools of the school district. A person appointed and | ||||||
26 | serving under this subsection as treasurer of a school board |
| |||||||
| |||||||
1 | may concurrently serve as the treasurer of the regional board | ||||||
2 | of school trustees, if selected to serve in that capacity by | ||||||
3 | the regional board of school trustees, as provided in | ||||||
4 | subsection (c) of Section 5-1. The school board shall fix the | ||||||
5 | compensation of its school treasurer, and for sufficient cause | ||||||
6 | may remove the school treasurer from office. However, if a | ||||||
7 | member of the school board is also school treasurer, he or she | ||||||
8 | shall perform his or her duties as school treasurer without | ||||||
9 | compensation. In the case of a vacancy, the school board shall | ||||||
10 | appoint a school treasurer for the unexpired term. The school | ||||||
11 | board may determine the temporary incapacity of its treasurer | ||||||
12 | due to illness, absence from the district, or other cause that | ||||||
13 | prevents the prompt performance of his duties and may appoint | ||||||
14 | an acting treasurer to serve until the school board determines | ||||||
15 | that the temporary incapacity of its treasurer no longer | ||||||
16 | exists. | ||||||
17 | (d) After October 1, 1977, each treasurer in a Class I | ||||||
18 | county school unit appointed under this Section for his first | ||||||
19 | term shall have a financial background or related experience | ||||||
20 | or 12 semester hours of credit of college level accounting. | ||||||
21 | (e) After August 14, 1989, any treasurer appointed under | ||||||
22 | this Section for his first term in Class II county school | ||||||
23 | units, including any person appointed by a school board to | ||||||
24 | serve as its treasurer as provided in subsection (c) of this | ||||||
25 | Section, shall be a certified public accountant or a certified | ||||||
26 | chief school business official as defined in part (3) of |
| |||||||
| |||||||
1 | Section 21-7.3 of this Act. Experience as a township treasurer | ||||||
2 | in a Class II county school unit prior to July 1, 1989 shall be | ||||||
3 | deemed the equivalent of certification. | ||||||
4 | (f) Concurrently with the election or appointment of its | ||||||
5 | own school treasurer by the school board of a school district | ||||||
6 | which forms a part of a Class II county school unit but which | ||||||
7 | no longer is subject to the jurisdiction and authority of a | ||||||
8 | township treasurer or trustees of schools of a township | ||||||
9 | because the district has withdrawn from the jurisdiction and | ||||||
10 | authority of the township treasurer and trustees of schools of | ||||||
11 | the township or because those offices have been abolished as | ||||||
12 | provided in subsection (b) or (c) of Section 5-1, all funds, | ||||||
13 | accounts, moneys, notes, bonds, mortgages and effects then | ||||||
14 | held by such township treasurer on behalf or for the use and | ||||||
15 | benefit of, or then credited by such township treasurer to any | ||||||
16 | fund or account of such school district shall thereupon be | ||||||
17 | transferred and paid over by such township treasurer to the | ||||||
18 | school treasurer elected or appointed by the school board of | ||||||
19 | such school district. In addition the school treasurer of such | ||||||
20 | school district shall have the right, at all reasonable times, | ||||||
21 | to inspect all cash books, loan books, district account books | ||||||
22 | and journals kept by such township treasurer as provided in | ||||||
23 | Section 8-5 and to copy or otherwise reproduce such portions | ||||||
24 | thereof as such school treasurer deems necessary for the | ||||||
25 | performance of his duties. | ||||||
26 | (g) Upon the abolition of the offices of the township |
| |||||||
| |||||||
1 | treasurer and trustee of schools of a township as provided in | ||||||
2 | subsection (c) of Section 5-1, and subject to the limitation | ||||||
3 | of subsection (b) of Section 8-5 with respect to certain | ||||||
4 | records to be surrendered to the regional board of school | ||||||
5 | trustees, and except as otherwise provided in subsection (c) | ||||||
6 | of Section 5-1 with respect to the common school lands and | ||||||
7 | township loanable funds of that township and with respect to | ||||||
8 | the records, books and accounts relating to those common | ||||||
9 | school lands and township loanable funds, all school funds and | ||||||
10 | accounts, moneys, notes, bonds, securities, district account | ||||||
11 | books and other documents, records and effects then held by | ||||||
12 | the former township treasurer on behalf or for the use and | ||||||
13 | benefit of, or then credited by the former township treasurer | ||||||
14 | to any fund or account of any school district that was under | ||||||
15 | the jurisdiction and authority of the township treasurer at | ||||||
16 | the time the office of that township treasurer was abolished | ||||||
17 | shall thereupon be transferred and paid over by the former | ||||||
18 | township treasurer to the appropriate school treasurer | ||||||
19 | appointed by the school board of each such district under | ||||||
20 | subsection (c) of this Section 8-1. | ||||||
21 | (h) If the school district of a school treasurer elected | ||||||
22 | or appointed under this Section is receiving emergency State | ||||||
23 | financial assistance under Article 1B, that school treasurer | ||||||
24 | is subject to the provisions of Article 1B. | ||||||
25 | (Source: P.A. 96-538, eff. 8-14-09.)
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