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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 5-1 as follows:
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6 | | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
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7 | | Sec. 5-1. County school units.
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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
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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).
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21 | | (b) Notwithstanding subsections (a) and (c), the
school |
22 | | board of any elementary school district having a fall, 1989
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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
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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
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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
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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
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8 | | operation of law to and shall vest in the school board of that |
9 | | school
district.
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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.
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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.
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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. |
8 | | (c) Notwithstanding the provisions of subsection (a), the |
9 | | offices of
township treasurer and trustee of schools of any |
10 | | township located in a Class
II county school unit shall be |
11 | | abolished as provided in this subsection
if all of the |
12 | | following conditions are met:
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13 | | (1) During the same 30 day period, each school board of |
14 | | each
elementary and unit school district that is subject to |
15 | | the jurisdiction and
authority of the township treasurer |
16 | | and trustees of schools of the township
in which those |
17 | | offices are sought to be abolished gives written notice by
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18 | | certified mail, return receipt requested to the township |
19 | | treasurer and
trustees of schools of that township of the |
20 | | date of a meeting of the school
board, to be held not more |
21 | | than 90 nor less than 60 days after the date
when the |
22 | | notice is given, at which meeting the school board is to |
23 | | consider
and vote upon the question of whether there shall |
24 | | be submitted to the
electors of the school district a |
25 | | proposition to abolish the offices of
township treasurer |
26 | | and trustee of schools of that township. None of the
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1 | | notices given under this paragraph to the township |
2 | | treasurer and trustees
of schools of a township shall be |
3 | | deemed sufficient or in compliance with
the requirements of |
4 | | this paragraph unless all of those notices are given
within |
5 | | the same 30 day period.
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6 | | (2) Each school board of each elementary and unit |
7 | | school district that
is subject to the jurisdiction and |
8 | | authority of the township treasurer and
trustees of schools |
9 | | of the township in which those offices are sought to
be |
10 | | abolished, by the affirmative vote of at least 5 members of |
11 | | the school
board at a school board meeting of which notice |
12 | | is given as required by
paragraph (1) of this subsection, |
13 | | adopts a resolution requiring the
secretary of the school |
14 | | board to certify to the proper election authorities
for |
15 | | submission to the electors of the school district at the |
16 | | next
consolidated election in accordance with the general
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17 | | election law a
proposition to abolish the offices of |
18 | | township treasurer and trustee of
schools of that township. |
19 | | None of the resolutions adopted under this
paragraph by any |
20 | | elementary or unit school districts that are subject to
the |
21 | | jurisdiction and authority of the township treasurer and |
22 | | trustees of
schools of the township in which those offices |
23 | | are sought to be abolished
shall be deemed in compliance |
24 | | with the requirements of this paragraph or
sufficient to |
25 | | authorize submission of the proposition to abolish those
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26 | | offices to a referendum of the electors in any such school |
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1 | | district unless
all of the school boards of all of the |
2 | | elementary and unit school districts
that are subject to |
3 | | the jurisdiction and authority of the township
treasurer |
4 | | and trustees of schools of that township adopt such a |
5 | | resolution
in accordance with the provisions of this |
6 | | paragraph.
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7 | | (3) The school boards of all of the elementary and unit |
8 | | school
districts that are subject to the jurisdiction and |
9 | | authority of the
township treasurer and trustees of schools |
10 | | of the township in which those
offices are sought to be |
11 | | abolished submit a proposition to abolish the
offices of |
12 | | township treasurer and trustee of schools of that township |
13 | | to
the electors of their respective school districts at the |
14 | | same consolidated
election in accordance with the general |
15 | | election law, the ballot in each
such district to be in |
16 | | substantially the following form:
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17 | | -------------------------------------------------------------
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18 | | OFFICIAL BALLOT
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19 | | Shall the offices of township
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20 | | treasurer and YES
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21 | | trustee of -------------
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22 | | schools of Township ..... NO
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23 | | Range ..... be abolished?
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24 | | -------------------------------------------------------------
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25 | | (4) At the consolidated election at which the
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26 | | proposition to abolish
the offices of township treasurer |
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1 | | and trustee of schools of a township is
submitted to the |
2 | | electors of each elementary and unit school district that
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3 | | is subject to the jurisdiction and authority of the |
4 | | township treasurer and
trustee of schools of that township, |
5 | | a majority of the electors voting on
the proposition in |
6 | | each such elementary and unit school district votes in
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7 | | favor of the proposition as submitted to them.
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8 | | If in each elementary and unit school district that is |
9 | | subject to the
jurisdiction and authority of the township |
10 | | treasurer and trustees of
schools of the township in which |
11 | | those offices are sought to be abolished a
majority of the |
12 | | electors in each such district voting at the consolidated
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13 | | election on the proposition to abolish the offices of township |
14 | | treasurer
and trustee of schools of that township votes in |
15 | | favor of the proposition
as submitted to them, the proposition |
16 | | shall be deemed to have passed; but
if in any such elementary |
17 | | or unit school district a majority of the
electors voting on |
18 | | that proposition in that district fails to vote in favor
of the |
19 | | proposition as submitted to them, then notwithstanding the vote |
20 | | of
the electors in any other such elementary or unit school |
21 | | district on that
proposition the proposition shall not be |
22 | | deemed to have passed in any of
those elementary or unit school |
23 | | districts, and the offices of township
treasurer and trustee of |
24 | | schools of the township in which those offices
were sought to |
25 | | be abolished shall not be abolished, unless in each of those
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26 | | elementary and unit school districts remaining subject to the |
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1 | | jurisdiction
and authority of the township treasurer and |
2 | | trustees of schools of that
township proceedings are again |
3 | | initiated to abolish those offices and all
of the proceedings |
4 | | and conditions prescribed in paragraphs (1) through (4)
of this |
5 | | subsection are repeated and met in each of those elementary and
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6 | | unit school districts.
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7 | | Notwithstanding the foregoing provisions of this Section |
8 | | or any other
provision of the School Code, the offices of |
9 | | township treasurer and trustee of
schools of a township that |
10 | | has a population of less than 200,000 and that
contains a unit |
11 | | school district and is located in a Class II county school unit
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12 | | shall also be
abolished as provided in this subsection if all |
13 | | of the conditions set forth in
paragraphs (1), (2), and (3) of |
14 | | this subsection are met
and if the following additional |
15 | | condition is met:
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16 | | The electors in all of the school districts subject to |
17 | | the jurisdiction and
authority of the township treasurer |
18 | | and trustees of schools of the township in
which those |
19 | | offices are sought to be abolished shall vote at the
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20 | | consolidated
election on the proposition to abolish the |
21 | | offices of township treasurer and
trustee of schools of |
22 | | that township. If a majority of the electors in all of
the |
23 | | school districts combined voting on the proposition vote in |
24 | | favor of the
proposition, then the proposition shall be |
25 | | deemed to have passed; but if a
majority of the electors |
26 | | voting on the proposition in all of the school
district |
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1 | | fails to vote in favor of the proposition as submitted to |
2 | | them, then
the proposition shall not be deemed to have |
3 | | passed and the offices of township
treasurer and trustee of |
4 | | schools of the township in which those offices were
sought |
5 | | to be abolished shall not be abolished, unless and until |
6 | | the proceedings
detailed in paragraphs (1) through (3) of |
7 | | this subsection and the conditions
set forth in this |
8 | | paragraph are met.
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9 | | If the proposition to abolish the offices of township |
10 | | treasurer and
trustee of schools of a township is deemed to |
11 | | have passed at the
consolidated election as provided in this |
12 | | subsection,
those offices shall be
deemed abolished by |
13 | | operation of law effective on January 1
of the
calendar year |
14 | | immediately following the calendar year in which that
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15 | | consolidated election is held, provided that if after the
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16 | | election, the trustees of schools by resolution elect to |
17 | | abolish the offices of
township treasurer and trustee of |
18 | | schools effective on July 1 immediately
following the election, |
19 | | then the offices shall be abolished on July 1
immediately |
20 | | following the election.
On the date that
the offices of |
21 | | township treasurer and trustee of schools of a
township are |
22 | | deemed abolished by operation of law, the school board of each
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23 | | elementary and unit school district and the school board of |
24 | | each high
school district that is subject to the jurisdiction |
25 | | and authority of the
township treasurer and trustees of schools |
26 | | of that township at the time
those offices are abolished: (i) |
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1 | | shall appoint its own school treasurer as
provided in Section |
2 | | 8-1; and (ii) unless the term of the contract of a
township |
3 | | treasurer expires on the date that the office of township
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4 | | treasurer is abolished, shall pay to the former township |
5 | | treasurer its
proportionate share of any aggregate |
6 | | compensation that, were the office of
township treasurer not |
7 | | abolished at that time, would
have been payable to the former |
8 | | township treasurer after that date over the
remainder of the |
9 | | term of the contract of the former township treasurer that
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10 | | began prior to but ends after that date. In addition, on the |
11 | | date that the offices of township treasurer and trustee of
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12 | | schools of a township are deemed abolished as provided in this |
13 | | subsection,
the school board of each elementary school, high |
14 | | school and unit school
district that until that date is subject |
15 | | to the jurisdiction and authority
of the township treasurer and |
16 | | trustees of schools of that township shall be
deemed by |
17 | | operation of law to have agreed and assumed to pay and, when
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18 | | determined, shall pay to the Illinois Municipal Retirement
Fund |
19 | | a proportionate share of the unfunded liability existing in |
20 | | that Fund
at the time these offices are abolished in that
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21 | | calendar year for all annuities or other benefits then or
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22 | | thereafter to become payable from that Fund with respect to all |
23 | | periods of
service performed prior to that date as a |
24 | | participating employee in that
Fund by persons serving during |
25 | | those periods of service as a trustee of
schools, township |
26 | | treasurer or regular employee in the office of the
township |
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1 | | treasurer of that township. That unfunded liability shall be
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2 | | actuarially determined by the board of trustees of the Illinois |
3 | | Municipal
Retirement Fund, and the board of trustees shall |
4 | | thereupon notify each
school board required to pay a |
5 | | proportionate share of that unfunded
liability of the aggregate |
6 | | amount of the unfunded liability so determined.
The amount so |
7 | | paid to the Illinois Municipal Retirement Fund by each of
those |
8 | | school districts shall be credited to the account of the |
9 | | township in
that Fund. For each elementary school, high school |
10 | | and unit school district
under the jurisdiction and authority |
11 | | of a township treasurer and trustees
of schools of a township |
12 | | in which those offices are abolished as provided
in this |
13 | | subsection, each such district's proportionate share of the
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14 | | aggregate compensation payable to the former township |
15 | | treasurer as provided
in this paragraph and each such |
16 | | district's proportionate share of the
aggregate amount of the |
17 | | unfunded liability payable to the Illinois
Municipal |
18 | | Retirement Fund as provided in this paragraph shall be computed
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19 | | in accordance with the ratio that the number of pupils in |
20 | | average daily
attendance in each such district for the school |
21 | | year last ending prior to the date on which
the offices of |
22 | | township treasurer and trustee of schools of that township
are |
23 | | abolished bears to the aggregate number of pupils in average |
24 | | daily
attendance in all of those districts as so reported for |
25 | | that school year.
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26 | | Upon abolition of the offices of township treasurer and |
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1 | | trustee of
schools of a township as provided in this |
2 | | subsection: (i) the regional
board of school trustees, in its |
3 | | corporate capacity, shall be deemed the
successor in interest |
4 | | to the former trustees of schools of that township
with respect |
5 | | to the common school lands and township loanable funds of the
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6 | | township; (ii) all right, title and interest existing or vested |
7 | | in the
former trustees of schools of that township in the |
8 | | common school lands and
township loanable funds of the |
9 | | township, and all records, moneys,
securities and other assets, |
10 | | rights of property and causes of action
pertaining to or |
11 | | constituting a part of those common school lands or
township |
12 | | loanable funds, shall be transferred to and deemed vested by
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13 | | operation of law in the regional board of school trustees, |
14 | | which shall hold
legal title to, manage and operate all common |
15 | | school lands and township
loanable funds of the township, |
16 | | receive the rents, issues and profits
therefrom, and have and |
17 | | exercise with respect thereto the same powers and
duties as are |
18 | | provided by this Code to be exercised by regional boards of
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19 | | school trustees when acting as township land commissioners in |
20 | | counties
having at least 220,000 but fewer than 2,000,000 |
21 | | inhabitants; (iii) the
regional board of school trustees shall |
22 | | select to serve as its treasurer
with respect to the common |
23 | | school lands and township loanable funds of the
township a |
24 | | person from time to time also serving as the appointed school
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25 | | treasurer of any school district that was subject to the |
26 | | jurisdiction and
authority of the township treasurer and |
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1 | | trustees of schools of that
township at the time those offices |
2 | | were abolished, and the person selected
to also serve as |
3 | | treasurer of the regional board of school trustees shall
have |
4 | | his compensation for services in that capacity fixed by the |
5 | | regional
board of school trustees, to be paid from the township |
6 | | loanable funds, and
shall make to the regional board of school |
7 | | trustees the reports required to be
made by treasurers of |
8 | | township land commissioners, give bond as required by
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9 | | treasurers of township land commissioners, and perform the |
10 | | duties and
exercise the powers of treasurers of township land |
11 | | commissioners; (iv) the
regional board of school trustees shall |
12 | | designate in the manner provided by
Section 8-7, insofar as |
13 | | applicable, a depositary for its treasurer, and the
proceeds of |
14 | | all rents, issues and profits from the common school lands and
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15 | | township loanable funds of that township shall be deposited and |
16 | | held in the
account maintained for those purposes with that |
17 | | depositary and shall be
expended and distributed therefrom as |
18 | | provided in Section 15-24 and other
applicable provisions of |
19 | | this Code; and (v) whenever there is vested in the
trustees of |
20 | | schools of a township at the time that office is abolished
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21 | | under this subsection the legal title to any school buildings |
22 | | or school
sites used or occupied for school purposes by any |
23 | | elementary school, high
school or unit school district subject |
24 | | to the jurisdiction and authority of
those trustees of school |
25 | | at the time that office is abolished, the legal
title to those |
26 | | school buildings and school sites shall be deemed
transferred |
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1 | | by operation of law to and invested in the
school board of that |
2 | | school district, in its corporate
capacity Section 7-28, the
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3 | | same to be held, sold, exchanged leased or otherwise |
4 | | transferred in
accordance with applicable provisions of this |
5 | | Code.
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6 | | Notwithstanding Section 2-3.25g of this Code, a waiver of a |
7 | | mandate
established under this Section may not be requested.
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8 | | (Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, |
9 | | eff. 5-31-07; 95-876, eff. 8-21-08.)
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10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.
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