HB2257 101ST GENERAL ASSEMBLY

LRB101 08513 AXK 53590 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2257

Introduced , by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

105 ILCS 5/15-7.5 new
105 ILCS 5/15-18	from Ch. 122, par. 15-18

Amends the School Code. Provides that township land commissioners or trustees of schools that have title to any school real estate or lands may authorize by resolution the sale of common school lands to a government entity if two-thirds of the township land commissioners or trustees of schools approve the resolution. Provides that the regional superintendent of schools of the county in which the lands are located shall complete the sale and deliver a certificate of purchase to the government entity. Provides that a government entity that purchases common school lands, or its assigns, may obtain a copy of a certificate of purchase or patent by (1) for a certificate of purchase, filing an affidavit with the regional superintendent in which the lands are located proving the loss or destruction of the original; (2) for a patent, filing an affidavit with the Secretary of State proving loss or destruction of the original; and (3) presenting a copy of the certified resolution approving the sale that has been filed by the township land commissioners or trustees of schools with the county recorder of deeds to the regional superintendent or Secretary of State. Provides that the regional superintendent or the Secretary of State shall issue a replacement certificate or patent, which shall have the effect of the originals and shall reflect the effective date of the transfer of title as the date of the filing of the resolution by the township land commissioners or trustees of schools with the county recorder of deeds. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 15-7.5 and by changing Section 15-18 as follows:

(105 ILCS 5/15-7.5 new)

Sec. 15-7.5. Sale of common school lands to a government entity. Notwithstanding Section 15-7, township land commissioners or trustees of schools that have title to any school real estate or lands may authorize by resolution the sale of common school lands to a government entity. The resolution shall include, but is not limited to, a declaration that the lands are a surplus, pertinent information describing the lands, and the terms of the sale. If two-thirds of the township land commissioners or trustees of schools holding office at the time of the proposed sale approve the resolution, a certified copy of the resolution must be delivered to the regional superintendent of schools of the county in which the lands are located within a 7-day period. The regional superintendent shall complete the sale and deliver to the government entity a certificate of purchase under Section 15-16. Sections 15-8 through 15-13 do not apply to a sale under this Section.

(105 ILCS 5/15-18) (from Ch. 122, par. 15-18)

Sec. 15-18. Copies of lost certificates or patents.

(a) Except as provided in subsection (b), purchasers Purchasers of common school lands, and their heirs or assigns, may obtain certified copies or certificates of purchase and patents upon filing an affidavit with the county superintendent in respect to certificates and with the Secretary of State in respect to patents, proving the loss or destruction of the originals, which copies shall have the effect of originals.

(b) A purchaser of common school lands, or its assigns, under Section 15-7.5 may obtain a copy of a certificate of purchase or patent by (i) for a certificate of purchase, filing an affidavit with the regional superintendent of schools in which the lands are located proving the loss or destruction of the original; (ii) for a patent, filing an affidavit with the Secretary of State proving loss or destruction of the original; and (iii) presenting a copy of the certified resolution approving the sale that has been filed by the township land commissioners or trustees of schools with the county recorder of deeds to the regional superintendent or Secretary of State. Upon presentation of all required documents under this subsection, the regional superintendent or the Secretary of State shall issue a replacement certificate or patent, which shall have the effect of the originals and shall reflect the effective date of the transfer of title as the date of the filing of the resolution by the township land commissioners or trustees of schools with the county recorder of deeds.

(Source: Laws 1961, p. 31.)

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