Bill Text: IL HB1661 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the School Code. Makes a technical change in a Section concerning county school units.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB1661 Detail]
Download: Illinois-2009-HB1661-Introduced.html
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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
The territory in each county, exclusive of
any | |||||||||||||||||||
9 | school 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). | |||||||||||||||||||
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 | (c) Notwithstanding the provisions of subsection (a), the | ||||||
11 | offices of
township treasurer and trustee of schools of any | ||||||
12 | township located in a Class
II county school unit shall be | ||||||
13 | abolished as provided in this subsection
if all of the | ||||||
14 | following conditions are met:
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15 | (1) During the same 30 day period, each school board of | ||||||
16 | each
elementary and unit school district that is 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 gives written notice by
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20 | certified mail, return receipt requested to the township | ||||||
21 | treasurer and
trustees of schools of that township of the | ||||||
22 | date of a meeting of the school
board, to be held not more | ||||||
23 | than 90 nor less than 60 days after the date
when the | ||||||
24 | notice is given, at which meeting the school board is to | ||||||
25 | consider
and vote upon the question of whether there shall | ||||||
26 | be submitted to the
electors of the school district a |
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1 | proposition to abolish the offices of
township treasurer | ||||||
2 | and trustee of schools of that township. None of the
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3 | notices given under this paragraph to the township | ||||||
4 | treasurer and trustees
of schools of a township shall be | ||||||
5 | deemed sufficient or in compliance with
the requirements of | ||||||
6 | this paragraph unless all of those notices are given
within | ||||||
7 | the same 30 day period.
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8 | (2) Each school board of each elementary and unit | ||||||
9 | school district that
is subject to the jurisdiction and | ||||||
10 | authority of the township treasurer and
trustees of schools | ||||||
11 | of the township in which those offices are sought to
be | ||||||
12 | abolished, by the affirmative vote of at least 5 members of | ||||||
13 | the school
board at a school board meeting of which notice | ||||||
14 | is given as required by
paragraph (1) of this subsection, | ||||||
15 | adopts a resolution requiring the
secretary of the school | ||||||
16 | board to certify to the proper election authorities
for | ||||||
17 | submission to the electors of the school district at the | ||||||
18 | next
consolidated election in accordance with the general
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19 | election law a
proposition to abolish the offices of | ||||||
20 | township treasurer and trustee of
schools of that township. | ||||||
21 | None of the resolutions adopted under this
paragraph by any | ||||||
22 | elementary or unit school districts that are subject to
the | ||||||
23 | jurisdiction and authority of the township treasurer and | ||||||
24 | trustees of
schools of the township in which those offices | ||||||
25 | are sought to be abolished
shall be deemed in compliance | ||||||
26 | with the requirements of this paragraph or
sufficient to |
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1 | authorize submission of the proposition to abolish those
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2 | offices to a referendum of the electors in any such school | ||||||
3 | district unless
all of the school boards of all of the | ||||||
4 | elementary and unit school districts
that are subject to | ||||||
5 | the jurisdiction and authority of the township
treasurer | ||||||
6 | and trustees of schools of that township adopt such a | ||||||
7 | resolution
in accordance with the provisions of this | ||||||
8 | paragraph.
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9 | (3) The school boards of all of the elementary and unit | ||||||
10 | school
districts that are subject to the jurisdiction and | ||||||
11 | authority of the
township treasurer and trustees of schools | ||||||
12 | of the township in which those
offices are sought to be | ||||||
13 | abolished submit a proposition to abolish the
offices of | ||||||
14 | township treasurer and trustee of schools of that township | ||||||
15 | to
the electors of their respective school districts at the | ||||||
16 | same consolidated
election in accordance with the general | ||||||
17 | election law, the ballot in each
such district to be in | ||||||
18 | substantially the following form:
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19 | -------------------------------------------------------------
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20 | OFFICIAL BALLOT
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21 | Shall the offices of township
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22 | treasurer and YES
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23 | trustee of -----------------
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24 | schools of Township ..... NO
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25 | Range ..... be abolished?
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26 | -------------------------------------------------------------
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1 | (4) At the consolidated election at which the
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2 | proposition to abolish
the offices of township treasurer | ||||||
3 | and trustee of schools of a township is
submitted to the | ||||||
4 | electors of each elementary and unit school district that
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5 | is subject to the jurisdiction and authority of the | ||||||
6 | township treasurer and
trustee of schools of that township, | ||||||
7 | a majority of the electors voting on
the proposition in | ||||||
8 | each such elementary and unit school district votes in
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9 | favor of the proposition as submitted to them.
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10 | If in each elementary and unit school district that is | ||||||
11 | subject to the
jurisdiction and authority of the township | ||||||
12 | treasurer and trustees of
schools of the township in which | ||||||
13 | those offices are sought to be abolished a
majority of the | ||||||
14 | electors in each such district voting at the consolidated
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15 | election on the proposition to abolish the offices of township | ||||||
16 | treasurer
and trustee of schools of that township votes in | ||||||
17 | favor of the proposition
as submitted to them, the proposition | ||||||
18 | shall be deemed to have passed; but
if in any such elementary | ||||||
19 | or unit school district a majority of the
electors voting on | ||||||
20 | that proposition in that district fails to vote in favor
of the | ||||||
21 | proposition as submitted to them, then notwithstanding the vote | ||||||
22 | of
the electors in any other such elementary or unit school | ||||||
23 | district on that
proposition the proposition shall not be | ||||||
24 | deemed to have passed in any of
those elementary or unit school | ||||||
25 | districts, and the offices of township
treasurer and trustee of | ||||||
26 | schools of the township in which those offices
were sought to |
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1 | be abolished shall not be abolished, unless in each of those
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2 | elementary and unit school districts remaining subject to the | ||||||
3 | jurisdiction
and authority of the township treasurer and | ||||||
4 | trustees of schools of that
township proceedings are again | ||||||
5 | initiated to abolish those offices and all
of the proceedings | ||||||
6 | and conditions prescribed in paragraphs (1) through (4)
of this | ||||||
7 | subsection are repeated and met in each of those elementary and
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8 | unit school districts.
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9 | Notwithstanding the foregoing provisions of this Section | ||||||
10 | or any other
provision of the School Code, the offices of | ||||||
11 | township treasurer and trustee of
schools of a township that | ||||||
12 | has a population of less than 200,000 and that
contains a unit | ||||||
13 | school district and is located in a Class II county school unit
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14 | shall also be
abolished as provided in this subsection if all | ||||||
15 | of the conditions set forth in
paragraphs (1), (2), and (3) of | ||||||
16 | this subsection are met
and if the following additional | ||||||
17 | condition is met:
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18 | The electors in all of the school districts subject to | ||||||
19 | the jurisdiction and
authority of the township treasurer | ||||||
20 | and trustees of schools of the township in
which those | ||||||
21 | offices are sought to be abolished shall vote at the
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22 | consolidated
election on the proposition to abolish the | ||||||
23 | offices of township treasurer and
trustee of schools of | ||||||
24 | that township. If a majority of the electors in all of
the | ||||||
25 | school districts combined voting on the proposition vote in | ||||||
26 | favor of the
proposition, then the proposition shall be |
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1 | deemed to have passed; but if a
majority of the electors | ||||||
2 | voting on the proposition in all of the school
district | ||||||
3 | fails to vote in favor of the proposition as submitted to | ||||||
4 | them, then
the proposition shall not be deemed to have | ||||||
5 | passed and the offices of township
treasurer and trustee of | ||||||
6 | schools of the township in which those offices were
sought | ||||||
7 | to be abolished shall not be abolished, unless and until | ||||||
8 | the proceedings
detailed in paragraphs (1) through (3) of | ||||||
9 | this subsection and the conditions
set forth in this | ||||||
10 | paragraph are met.
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11 | If the proposition to abolish the offices of township | ||||||
12 | treasurer and
trustee of schools of a township is deemed to | ||||||
13 | have passed at the
consolidated election as provided in this | ||||||
14 | subsection,
those offices shall be
deemed abolished by | ||||||
15 | operation of law effective on January 1
of the
calendar year | ||||||
16 | immediately following the calendar year in which that
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17 | consolidated election is held, provided that if after the
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18 | election, the trustees of schools by resolution elect to | ||||||
19 | abolish the offices of
township treasurer and trustee of | ||||||
20 | schools effective on July 1 immediately
following the election, | ||||||
21 | then the offices shall be abolished on July 1
immediately | ||||||
22 | following the election.
On the date that
the offices of | ||||||
23 | township treasurer and trustee of schools of a
township are | ||||||
24 | deemed abolished by operation of law, the school board of each
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25 | elementary and unit school district and the school board of | ||||||
26 | each high
school district that is subject to the jurisdiction |
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1 | and authority of the
township treasurer and trustees of schools | ||||||
2 | of that township at the time
those offices are abolished: (i) | ||||||
3 | shall appoint its own school treasurer as
provided in Section | ||||||
4 | 8-1; and (ii) unless the term of the contract of a
township | ||||||
5 | treasurer expires on the date that the office of township
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6 | treasurer is abolished, shall pay to the former township | ||||||
7 | treasurer its
proportionate share of any aggregate | ||||||
8 | compensation that, were the office of
township treasurer not | ||||||
9 | abolished at that time, would
have been payable to the former | ||||||
10 | township treasurer after that date over the
remainder of the | ||||||
11 | term of the contract of the former township treasurer that
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12 | began prior to but ends after that date. In addition, on the | ||||||
13 | date that the offices of township treasurer and trustee of
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14 | schools of a township are deemed abolished as provided in this | ||||||
15 | subsection,
the school board of each elementary school, high | ||||||
16 | school and unit school
district that until that date is subject | ||||||
17 | to the jurisdiction and authority
of the township treasurer and | ||||||
18 | trustees of schools of that township shall be
deemed by | ||||||
19 | operation of law to have agreed and assumed to pay and, when
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20 | determined, shall pay to the Illinois Municipal Retirement
Fund | ||||||
21 | a proportionate share of the unfunded liability existing in | ||||||
22 | that Fund
at the time these offices are abolished in that
| ||||||
23 | calendar year for all annuities or other benefits then or
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24 | thereafter to become payable from that Fund with respect to all | ||||||
25 | periods of
service performed prior to that date as a | ||||||
26 | participating employee in that
Fund by persons serving during |
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1 | those periods of service as a trustee of
schools, township | ||||||
2 | treasurer or regular employee in the office of the
township | ||||||
3 | treasurer of that township. That unfunded liability shall be
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4 | actuarially determined by the board of trustees of the Illinois | ||||||
5 | Municipal
Retirement Fund, and the board of trustees shall | ||||||
6 | thereupon notify each
school board required to pay a | ||||||
7 | proportionate share of that unfunded
liability of the aggregate | ||||||
8 | amount of the unfunded liability so determined.
The amount so | ||||||
9 | paid to the Illinois Municipal Retirement Fund by each of
those | ||||||
10 | school districts shall be credited to the account of the | ||||||
11 | township in
that Fund. For each elementary school, high school | ||||||
12 | and unit school district
under the jurisdiction and authority | ||||||
13 | of a township treasurer and trustees
of schools of a township | ||||||
14 | in which those offices are abolished as provided
in this | ||||||
15 | subsection, each such district's proportionate share of the
| ||||||
16 | aggregate compensation payable to the former township | ||||||
17 | treasurer as provided
in this paragraph and each such | ||||||
18 | district's proportionate share of the
aggregate amount of the | ||||||
19 | unfunded liability payable to the Illinois
Municipal | ||||||
20 | Retirement Fund as provided in this paragraph shall be computed
| ||||||
21 | in accordance with the ratio that the number of pupils in | ||||||
22 | average daily
attendance in each such district for the school | ||||||
23 | year last ending prior to the date on which
the offices of | ||||||
24 | township treasurer and trustee of schools of that township
are | ||||||
25 | abolished bears to the aggregate number of pupils in average | ||||||
26 | daily
attendance in all of those districts as so reported for |
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1 | that school year.
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2 | Upon abolition of the offices of township treasurer and | ||||||
3 | trustee of
schools of a township as provided in this | ||||||
4 | subsection: (i) the regional
board of school trustees, in its | ||||||
5 | corporate capacity, shall be deemed the
successor in interest | ||||||
6 | to the former trustees of schools of that township
with respect | ||||||
7 | to the common school lands and township loanable funds of the
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8 | township; (ii) all right, title and interest existing or vested | ||||||
9 | in the
former trustees of schools of that township in the | ||||||
10 | common school lands and
township loanable funds of the | ||||||
11 | township, and all records, moneys,
securities and other assets, | ||||||
12 | rights of property and causes of action
pertaining to or | ||||||
13 | constituting a part of those common school lands or
township | ||||||
14 | loanable funds, shall be transferred to and deemed vested by
| ||||||
15 | operation of law in the regional board of school trustees, | ||||||
16 | which shall hold
legal title to, manage and operate all common | ||||||
17 | school lands and township
loanable funds of the township, | ||||||
18 | receive the rents, issues and profits
therefrom, and have and | ||||||
19 | exercise with respect thereto the same powers and
duties as are | ||||||
20 | provided by this Code to be exercised by regional boards of
| ||||||
21 | school trustees when acting as township land commissioners in | ||||||
22 | counties
having at least 220,000 but fewer than 2,000,000 | ||||||
23 | inhabitants; (iii) the
regional board of school trustees shall | ||||||
24 | select to serve as its treasurer
with respect to the common | ||||||
25 | school lands and township loanable funds of the
township a | ||||||
26 | person from time to time also serving as the appointed school
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1 | treasurer of any school district that was subject to the | ||||||
2 | jurisdiction and
authority of the township treasurer and | ||||||
3 | trustees of schools of that
township at the time those offices | ||||||
4 | were abolished, and the person selected
to also serve as | ||||||
5 | treasurer of the regional board of school trustees shall
have | ||||||
6 | his compensation for services in that capacity fixed by the | ||||||
7 | regional
board of school trustees, to be paid from the township | ||||||
8 | loanable funds, and
shall make to the regional board of school | ||||||
9 | trustees the reports required to be
made by treasurers of | ||||||
10 | township land commissioners, give bond as required by
| ||||||
11 | treasurers of township land commissioners, and perform the | ||||||
12 | duties and
exercise the powers of treasurers of township land | ||||||
13 | commissioners; (iv) the
regional board of school trustees shall | ||||||
14 | designate in the manner provided by
Section 8-7, insofar as | ||||||
15 | applicable, a depositary for its treasurer, and the
proceeds of | ||||||
16 | all rents, issues and profits from the common school lands and
| ||||||
17 | township loanable funds of that township shall be deposited and | ||||||
18 | held in the
account maintained for those purposes with that | ||||||
19 | depositary and shall be
expended and distributed therefrom as | ||||||
20 | provided in Section 15-24 and other
applicable provisions of | ||||||
21 | this Code; and (v) whenever there is vested in the
trustees of | ||||||
22 | schools of a township at the time that office is abolished
| ||||||
23 | under this subsection the legal title to any school buildings | ||||||
24 | or school
sites used or occupied for school purposes by any | ||||||
25 | elementary school, high
school or unit school district subject | ||||||
26 | to the jurisdiction and authority of
those trustees of school |
| |||||||
| |||||||
1 | at the time that office is abolished, the legal
title to those | ||||||
2 | school buildings and school sites shall be deemed
transferred | ||||||
3 | by operation of law to and invested in the
school board of that | ||||||
4 | school district, in its corporate
capacity Section 7-28, the
| ||||||
5 | same to be held, sold, exchanged leased or otherwise | ||||||
6 | transferred in
accordance with applicable provisions of this | ||||||
7 | Code.
| ||||||
8 | Notwithstanding Section 2-3.25g of this Code, a waiver of a | ||||||
9 | mandate
established under this Section may not be requested.
| ||||||
10 | (Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, | ||||||
11 | eff. 5-31-07; 95-876, eff. 8-21-08.)
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