Sen. Don Harmon
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 755
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2 | AMENDMENT NO. ______. Amend House Bill 755 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 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 | ||||||
24 | pupils and
having boundaries that are coterminous with the |
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1 | boundaries of a high school
district, and the school board of | ||||||
2 | any high school district having a fall,
1989 aggregate | ||||||
3 | enrollment of at least 2,500 but less than 6,500 pupils and
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4 | having boundaries that are coterminous with the boundaries of | ||||||
5 | an elementary
school district, may, whenever the territory of | ||||||
6 | such school district forms
a part of a Class II county school
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7 | unit, by proper resolution withdraw such school district from | ||||||
8 | the
jurisdiction and authority of the trustees of schools of | ||||||
9 | the township in
which such school district is located and from | ||||||
10 | the jurisdiction and
authority of the township treasurer in | ||||||
11 | such Class II county school unit;
provided that the school | ||||||
12 | board of any such school district shall, upon the
adoption and | ||||||
13 | passage of such resolution, thereupon elect or appoint its own
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14 | school treasurer as provided in Section 8-1. Upon the adoption | ||||||
15 | and passage
of such resolution and the election or appointment | ||||||
16 | by the school board of
its own school treasurer: (1) the | ||||||
17 | trustees of schools in such township
shall no longer have or | ||||||
18 | exercise any powers and duties with respect to the
school | ||||||
19 | district governed by such school board or with respect to the | ||||||
20 | school
business, operations or assets of such school district; | ||||||
21 | and (2) all books
and
records of the township trustees relating | ||||||
22 | to the school business and
affairs of such school district | ||||||
23 | shall be transferred and delivered to the
school board of such | ||||||
24 | school district. Upon the effective date of this
amendatory Act | ||||||
25 | of 1993, the legal title to, and all right, title
and interest
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26 | formerly held by the township trustees in any school buildings | ||||||
27 | and
school sites
used and occupied by the school board of such | ||||||
28 | school district for school
purposes, that legal title, right, | ||||||
29 | title and interest thereafter having
been transferred to and | ||||||
30 | vested in the regional
board
of school trustees under P.A. | ||||||
31 | 87-473 until the abolition of that regional
board of school | ||||||
32 | trustees by P.A. 87-969, shall be deemed transferred by
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33 | operation of law to and shall vest in the school board of that | ||||||
34 | school
district.
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1 | Notwithstanding subsections (a) and (c) of this Section, if | ||||||
2 | 2 elementary school districts have a combined fall 2003 | ||||||
3 | aggregate enrollment of at least 5,000 but less than 7,000 | ||||||
4 | pupils and a combined boundary that is coterminous with the | ||||||
5 | boundary of a high school district and the high school district | ||||||
6 | has a fall 2003 aggregate enrollment of at least 2,500 but less | ||||||
7 | than 5,000 pupils and a boundary that is coterminous with the | ||||||
8 | combined boundary of the elementary school districts and if the | ||||||
9 | territory of the high school district forms a part of a Class | ||||||
10 | II county school unit and is composed of 2 or more townships, | ||||||
11 | then the school board of each school district may, by proper | ||||||
12 | resolution, withdraw its school district from the jurisdiction | ||||||
13 | and authority of the trustees of schools of the township or | ||||||
14 | townships in which the school district is located and from the | ||||||
15 | jurisdiction and authority of the township treasurer, provided | ||||||
16 | that the school board shall, upon the adoption and passage of | ||||||
17 | the resolution, thereupon elect or appoint its own school | ||||||
18 | treasurer as provided in Section 8-1 of this Code. Upon the | ||||||
19 | adoption and passage of the resolution and the election or | ||||||
20 | appointment by the school board of its own school treasurer, | ||||||
21 | (i) the trustees of schools in the township or townships shall | ||||||
22 | no longer have or exercise any powers and duties with respect | ||||||
23 | to the school district or with respect to the school business, | ||||||
24 | operations, or assets of the school district; (ii) all books | ||||||
25 | and records of the township trustees and all moneys, | ||||||
26 | securities, loanable funds, and other assets relating to the | ||||||
27 | school business and affairs of the school district shall be | ||||||
28 | transferred and delivered to the school board; and (iii) all | ||||||
29 | legal title to and all rights, title, and interest formerly | ||||||
30 | held by the township trustees in any common school lands, | ||||||
31 | school buildings, and school sites used and occupied by the | ||||||
32 | school board and all rights of property and causes of action | ||||||
33 | pertaining to or constituting a part of the common school | ||||||
34 | lands, buildings, and sites shall be deemed transferred by |
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1 | operation of law to and shall vest in the school board.
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2 | (c) Notwithstanding the provisions of subsection (a), the | ||||||
3 | offices of
township treasurer and trustee of schools of any | ||||||
4 | township located in a Class
II county school unit shall be | ||||||
5 | abolished as provided in this subsection
if all of the | ||||||
6 | following conditions are met:
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7 | (1) During the same 30 day period, each school board of | ||||||
8 | each
elementary and unit school district that is subject to | ||||||
9 | the jurisdiction and
authority of the township treasurer | ||||||
10 | and trustees of schools of the township
in which those | ||||||
11 | offices are sought to be abolished gives written notice by
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12 | certified mail, return receipt requested to the township | ||||||
13 | treasurer and
trustees of schools of that township of the | ||||||
14 | date of a meeting of the school
board, to be held not more | ||||||
15 | than 90 nor less than 60 days after the date
when the | ||||||
16 | notice is given, at which meeting the school board is to | ||||||
17 | consider
and vote upon the question of whether there shall | ||||||
18 | be submitted to the
electors of the school district a | ||||||
19 | proposition to abolish the offices of
township treasurer | ||||||
20 | and trustee of schools of that township. None of the
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21 | notices given under this paragraph to the township | ||||||
22 | treasurer and trustees
of schools of a township shall be | ||||||
23 | deemed sufficient or in compliance with
the requirements of | ||||||
24 | this paragraph unless all of those notices are given
within | ||||||
25 | the same 30 day period.
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26 | (2) Each school board of each elementary and unit | ||||||
27 | school district that
is subject to the jurisdiction and | ||||||
28 | authority of the township treasurer and
trustees of schools | ||||||
29 | of the township in which those offices are sought to
be | ||||||
30 | abolished, by the affirmative vote of at least 5 members of | ||||||
31 | the school
board at a school board meeting of which notice | ||||||
32 | is given as required by
paragraph (1) of this subsection, | ||||||
33 | adopts a resolution requiring the
secretary of the school | ||||||
34 | board to certify to the proper election authorities
for |
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1 | submission to the electors of the school district at the | ||||||
2 | next
consolidated election in accordance with the general
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3 | election law a
proposition to abolish the offices of | ||||||
4 | township treasurer and trustee of
schools of that township. | ||||||
5 | None of the resolutions adopted under this
paragraph by any | ||||||
6 | elementary or unit school districts that are subject to
the | ||||||
7 | jurisdiction and authority of the township treasurer and | ||||||
8 | trustees of
schools of the township in which those offices | ||||||
9 | are sought to be abolished
shall be deemed in compliance | ||||||
10 | with the requirements of this paragraph or
sufficient to | ||||||
11 | authorize submission of the proposition to abolish those
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12 | offices to a referendum of the electors in any such school | ||||||
13 | district unless
all of the school boards of all of the | ||||||
14 | elementary and unit school districts
that are subject to | ||||||
15 | the jurisdiction and authority of the township
treasurer | ||||||
16 | and trustees of schools of that township adopt such a | ||||||
17 | resolution
in accordance with the provisions of this | ||||||
18 | paragraph.
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19 | (3) The school boards of all of the elementary and unit | ||||||
20 | school
districts that are subject to the jurisdiction and | ||||||
21 | authority of the
township treasurer and trustees of schools | ||||||
22 | of the township in which those
offices are sought to be | ||||||
23 | abolished submit a proposition to abolish the
offices of | ||||||
24 | township treasurer and trustee of schools of that township | ||||||
25 | to
the electors of their respective school districts at the | ||||||
26 | same consolidated
election in accordance with the general | ||||||
27 | election law, the ballot in each
such district to be in | ||||||
28 | substantially the following form:
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29 | -------------------------------------------------------------
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30 | OFFICIAL BALLOT
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31 | Shall the offices of township
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32 | treasurer and YES
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33 | trustee of ---------------------
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34 | schools of Township ..... NO
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1 | Range ..... be abolished?
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2 | -------------------------------------------------------------
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3 | (4) At the consolidated election at which the
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4 | proposition to abolish
the offices of township treasurer | ||||||
5 | and trustee of schools of a township is
submitted to the | ||||||
6 | electors of each elementary and unit school district that
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7 | is subject to the jurisdiction and authority of the | ||||||
8 | township treasurer and
trustee of schools of that township, | ||||||
9 | a majority of the electors voting on
the proposition in | ||||||
10 | each such elementary and unit school district votes in
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11 | favor of the proposition as submitted to them.
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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
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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 vote | ||||||
24 | of
the electors in any other such elementary or unit school | ||||||
25 | district on that
proposition the proposition shall not be | ||||||
26 | deemed to have passed in any of
those elementary or unit school | ||||||
27 | districts, and the offices of township
treasurer and trustee of | ||||||
28 | schools of the township in which those offices
were sought to | ||||||
29 | be abolished shall not be abolished, unless in each of those
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30 | elementary and unit school districts remaining subject to the | ||||||
31 | jurisdiction
and authority of the township treasurer and | ||||||
32 | trustees of schools of that
township proceedings are again | ||||||
33 | initiated to abolish those offices and all
of the proceedings | ||||||
34 | and conditions prescribed in paragraphs (1) through (4)
of this |
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1 | subsection are repeated and met in each of those elementary and
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2 | unit school districts.
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3 | Notwithstanding the foregoing provisions of this Section | ||||||
4 | or any other
provision of the School Code, the offices of | ||||||
5 | township treasurer and trustee of
schools of a township that | ||||||
6 | has a population of less than 200,000 and that
contains a unit | ||||||
7 | school district and is located in a Class II county school unit
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8 | shall also be
abolished as provided in this subsection if all | ||||||
9 | of the conditions set forth in
paragraphs (1), (2), and (3) of | ||||||
10 | this subsection are met
and if the following additional | ||||||
11 | condition is met:
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12 | The electors in all of the school districts subject to | ||||||
13 | the jurisdiction and
authority of the township treasurer | ||||||
14 | and trustees of schools of the township in
which those | ||||||
15 | offices are sought to be abolished shall vote at the
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16 | consolidated
election on the proposition to abolish the | ||||||
17 | offices of township treasurer and
trustee of schools of | ||||||
18 | that township. If a majority of the electors in all of
the | ||||||
19 | school districts combined voting on the proposition vote in | ||||||
20 | favor of the
proposition, then the proposition shall be | ||||||
21 | deemed to have passed; but if a
majority of the electors | ||||||
22 | voting on the proposition in all of the school
district | ||||||
23 | fails to vote in favor of the proposition as submitted to | ||||||
24 | them, then
the proposition shall not be deemed to have | ||||||
25 | passed and the offices of township
treasurer and trustee of | ||||||
26 | schools of the township in which those offices were
sought | ||||||
27 | to be abolished shall not be abolished, unless and until | ||||||
28 | the proceedings
detailed in paragraphs (1) through (3) of | ||||||
29 | this subsection and the conditions
set forth in this | ||||||
30 | paragraph are met.
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31 | If the proposition to abolish the offices of township | ||||||
32 | treasurer and
trustee of schools of a township is deemed to | ||||||
33 | have passed at the
consolidated election as provided in this | ||||||
34 | subsection,
those offices shall be
deemed abolished by |
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1 | operation of law effective on January 1
of the
calendar year | ||||||
2 | immediately following the calendar year in which that
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3 | consolidated election is held, provided that if after the
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4 | election, the trustees of schools by resolution elect to | ||||||
5 | abolish the offices of
township treasurer and trustee of | ||||||
6 | schools effective on July 1 immediately
following the election, | ||||||
7 | then the offices shall be abolished on July 1
immediately | ||||||
8 | following the election.
On the date that
the offices of | ||||||
9 | township treasurer and trustee of schools of a
township are | ||||||
10 | deemed abolished by operation of law, the school board of each
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11 | elementary and unit school district and the school board of | ||||||
12 | each high
school district that is subject to the jurisdiction | ||||||
13 | and authority of the
township treasurer and trustees of schools | ||||||
14 | of that township at the time
those offices are abolished: (i) | ||||||
15 | shall appoint its own school treasurer as
provided in Section | ||||||
16 | 8-1; and (ii) unless the term of the contract of a
township | ||||||
17 | treasurer expires on the date that the office of township
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18 | treasurer is abolished, shall pay to the former township | ||||||
19 | treasurer its
proportionate share of any aggregate | ||||||
20 | compensation that, were the office of
township treasurer not | ||||||
21 | abolished at that time, would
have been payable to the former | ||||||
22 | township treasurer after that date over the
remainder of the | ||||||
23 | term of the contract of the former township treasurer that
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24 | began prior to but ends after that date. In addition, on the | ||||||
25 | date that the offices of township treasurer and trustee of
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26 | schools of a township are deemed abolished as provided in this | ||||||
27 | subsection,
the school board of each elementary school, high | ||||||
28 | school and unit school
district that until that date is subject | ||||||
29 | to the jurisdiction and authority
of the township treasurer and | ||||||
30 | trustees of schools of that township shall be
deemed by | ||||||
31 | operation of law to have agreed and assumed to pay and, when
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32 | determined, shall pay to the Illinois Municipal Retirement
Fund | ||||||
33 | a proportionate share of the unfunded liability existing in | ||||||
34 | that Fund
at the time these offices are abolished in that
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1 | calendar year for all annuities or other benefits then or
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2 | thereafter to become payable from that Fund with respect to all | ||||||
3 | periods of
service performed prior to that date as a | ||||||
4 | participating employee in that
Fund by persons serving during | ||||||
5 | those periods of service as a trustee of
schools, township | ||||||
6 | treasurer or regular employee in the office of the
township | ||||||
7 | treasurer of that township. That unfunded liability shall be
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8 | actuarially determined by the board of trustees of the Illinois | ||||||
9 | Municipal
Retirement Fund, and the board of trustees shall | ||||||
10 | thereupon notify each
school board required to pay a | ||||||
11 | proportionate share of that unfunded
liability of the aggregate | ||||||
12 | amount of the unfunded liability so determined.
The amount so | ||||||
13 | paid to the Illinois Municipal Retirement Fund by each of
those | ||||||
14 | school districts shall be credited to the account of the | ||||||
15 | township in
that Fund. For each elementary school, high school | ||||||
16 | and unit school district
under the jurisdiction and authority | ||||||
17 | of a township treasurer and trustees
of schools of a township | ||||||
18 | in which those offices are abolished as provided
in this | ||||||
19 | subsection, each such district's proportionate share of the
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20 | aggregate compensation payable to the former township | ||||||
21 | treasurer as provided
in this paragraph and each such | ||||||
22 | district's proportionate share of the
aggregate amount of the | ||||||
23 | unfunded liability payable to the Illinois
Municipal | ||||||
24 | Retirement Fund as provided in this paragraph shall be computed
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25 | in accordance with the ratio that the number of pupils in | ||||||
26 | average daily
attendance in each such district as reported in | ||||||
27 | schedules prepared under
Section 24-19 for the school year last | ||||||
28 | ending prior to the date on which
the offices of township | ||||||
29 | treasurer and trustee of schools of that township
are abolished | ||||||
30 | bears to the aggregate number of pupils in average daily
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31 | attendance in all of those districts as so reported for that | ||||||
32 | school year.
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33 | Upon abolition of the offices of township treasurer and | ||||||
34 | trustee of
schools of a township as provided in this |
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1 | subsection: (i) the regional
board of school trustees, in its | ||||||
2 | corporate capacity, shall be deemed the
successor in interest | ||||||
3 | to the former trustees of schools of that township
with respect | ||||||
4 | to the common school lands and township loanable funds of the
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5 | township; (ii) all right, title and interest existing or vested | ||||||
6 | in the
former trustees of schools of that township in the | ||||||
7 | common school lands and
township loanable funds of the | ||||||
8 | township, and all records, moneys,
securities and other assets, | ||||||
9 | rights of property and causes of action
pertaining to or | ||||||
10 | constituting a part of those common school lands or
township | ||||||
11 | loanable funds, shall be transferred to and deemed vested by
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12 | operation of law in the regional board of school trustees, | ||||||
13 | which shall hold
legal title to, manage and operate all common | ||||||
14 | school lands and township
loanable funds of the township, | ||||||
15 | receive the rents, issues and profits
therefrom, and have and | ||||||
16 | exercise with respect thereto the same powers and
duties as are | ||||||
17 | provided by this Code to be exercised by regional boards of
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18 | school trustees when acting as township land commissioners in | ||||||
19 | counties
having at least 220,000 but fewer than 2,000,000 | ||||||
20 | inhabitants; (iii) the
regional board of school trustees shall | ||||||
21 | select to serve as its treasurer
with respect to the common | ||||||
22 | school lands and township loanable funds of the
township a | ||||||
23 | person from time to time also serving as the appointed school
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24 | treasurer of any school district that was subject to the | ||||||
25 | jurisdiction and
authority of the township treasurer and | ||||||
26 | trustees of schools of that
township at the time those offices | ||||||
27 | were abolished, and the person selected
to also serve as | ||||||
28 | treasurer of the regional board of school trustees shall
have | ||||||
29 | his compensation for services in that capacity fixed by the | ||||||
30 | regional
board of school trustees, to be paid from the township | ||||||
31 | loanable funds, and
shall make to the regional board of school | ||||||
32 | trustees the reports required to be
made by treasurers of | ||||||
33 | township land commissioners, give bond as required by
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34 | treasurers of township land commissioners, and perform the |
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1 | duties and
exercise the powers of treasurers of township land | ||||||
2 | commissioners; (iv) the
regional board of school trustees shall | ||||||
3 | designate in the manner provided by
Section 8-7, insofar as | ||||||
4 | applicable, a depositary for its treasurer, and the
proceeds of | ||||||
5 | all rents, issues and profits from the common school lands and
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6 | township loanable funds of that township shall be deposited and | ||||||
7 | held in the
account maintained for those purposes with that | ||||||
8 | depositary and shall be
expended and distributed therefrom as | ||||||
9 | provided in Section 15-24 and other
applicable provisions of | ||||||
10 | this Code; and (v) whenever there is vested in the
trustees of | ||||||
11 | schools of a township at the time that office is abolished
| ||||||
12 | under this subsection the legal title to any school buildings | ||||||
13 | or school
sites used or occupied for school purposes by any | ||||||
14 | elementary school, high
school or unit school district subject | ||||||
15 | to the jurisdiction and authority of
those trustees of school | ||||||
16 | at the time that office is abolished, the legal
title to those | ||||||
17 | school buildings and school sites shall be deemed
transferred | ||||||
18 | by operation of law to and invested in the
school board of that | ||||||
19 | school district, in its corporate
capacity Section 7-28, the
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20 | same to be held, sold, exchanged leased or otherwise | ||||||
21 | transferred in
accordance with applicable provisions of this | ||||||
22 | Code.
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23 | (d) Notwithstanding Section 2-3.25g of this Code, a waiver | ||||||
24 | of a mandate
established under this Section may not be | ||||||
25 | requested.
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26 | (Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01 .)
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27 | Section 99. Effective date. This Act takes effect upon | ||||||
28 | becoming law.".
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