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Sen. Don Harmon
Filed: 5/11/2004
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| AMENDMENT TO HOUSE BILL 755
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| AMENDMENT NO. ______. Amend House Bill 755 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section |
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| 5-1 as follows:
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| (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
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| Sec. 5-1. County school units.
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| (a) The territory in each county, exclusive of
any school |
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| district governed by any special act which requires the |
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| district
to appoint its own school treasurer, shall constitute |
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| a county school unit.
County school units of less than |
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| 2,000,000 inhabitants shall be known as
Class I county school |
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| units and the office of township trustees, where
existing on |
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| July 1, 1962, in such units shall be abolished on that date and
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| all books and records of such former township trustees shall be |
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| forthwith
thereafter transferred to the county board of school |
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| trustees. County
school units of 2,000,000 or more inhabitants |
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| shall be known as Class II
county school units and shall retain |
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| the office of township trustees
unless otherwise provided in |
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| subsection (b) or (c).
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| (b) Notwithstanding subsections (a) and (c), the
school |
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| board of any elementary school district having a fall, 1989
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| aggregate enrollment of at least 2,500 but less than 6,500 |
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| pupils and
having boundaries that are coterminous with the |
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| boundaries of a high school
district, and the school board of |
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| any high school district having a fall,
1989 aggregate |
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| enrollment of at least 2,500 but less than 6,500 pupils and
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| having boundaries that are coterminous with the boundaries of |
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| an elementary
school district, may, whenever the territory of |
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| such school district forms
a part of a Class II county school
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| unit, by proper resolution withdraw such school district from |
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| the
jurisdiction and authority of the trustees of schools of |
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| the township in
which such school district is located and from |
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| the jurisdiction and
authority of the township treasurer in |
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| such Class II county school unit;
provided that the school |
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| board of any such school district shall, upon the
adoption and |
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| passage of such resolution, thereupon elect or appoint its own
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| school treasurer as provided in Section 8-1. Upon the adoption |
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| and passage
of such resolution and the election or appointment |
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| by the school board of
its own school treasurer: (1) the |
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| trustees of schools in such township
shall no longer have or |
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| exercise any powers and duties with respect to the
school |
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| district governed by such school board or with respect to the |
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| school
business, operations or assets of such school district; |
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| and (2) all books
and
records of the township trustees relating |
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| to the school business and
affairs of such school district |
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| shall be transferred and delivered to the
school board of such |
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| school district. Upon the effective date of this
amendatory Act |
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| of 1993, the legal title to, and all right, title
and interest
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| formerly held by the township trustees in any school buildings |
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| and
school sites
used and occupied by the school board of such |
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| school district for school
purposes, that legal title, right, |
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| title and interest thereafter having
been transferred to and |
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| vested in the regional
board
of school trustees under P.A. |
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| 87-473 until the abolition of that regional
board of school |
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| trustees by P.A. 87-969, shall be deemed transferred by
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| operation of law to and shall vest in the school board of that |
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| school
district.
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| Notwithstanding subsections (a) and (c) of this Section, if |
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| 2 elementary school districts have a combined fall 2003 |
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| aggregate enrollment of at least 5,000 but less than 7,000 |
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| pupils and a combined boundary that is coterminous with the |
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| boundary of a high school district and the high school district |
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| has a fall 2003 aggregate enrollment of at least 2,500 but less |
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| than 5,000 pupils and a boundary that is coterminous with the |
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| combined boundary of the elementary school districts and if the |
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| territory of the high school district forms a part of a Class |
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| II county school unit and is composed of 2 or more townships, |
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| then the school board of each school district may, by proper |
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| resolution, withdraw its school district from the jurisdiction |
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| and authority of the trustees of schools of the township or |
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| townships in which the school district is located and from the |
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| jurisdiction and authority of the township treasurer, provided |
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| that the school board shall, upon the adoption and passage of |
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| the resolution, thereupon elect or appoint its own school |
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| treasurer as provided in Section 8-1 of this Code. Upon the |
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| adoption and passage of the resolution and the election or |
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| appointment by the school board of its own school treasurer, |
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| (i) the trustees of schools in the township or townships shall |
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| no longer have or exercise any powers and duties with respect |
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| to the school district or with respect to the school business, |
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| operations, or assets of the school district; (ii) all books |
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| and records of the township trustees and all moneys, |
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| securities, loanable funds, and other assets relating to the |
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| school business and affairs of the school district shall be |
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| transferred and delivered to the school board; and (iii) all |
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| legal title to and all rights, title, and interest formerly |
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| held by the township trustees in any common school lands, |
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| school buildings, and school sites used and occupied by the |
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| school board and all rights of property and causes of action |
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| pertaining to or constituting a part of the common school |
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| lands, buildings, and sites shall be deemed transferred by |
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| operation of law to and shall vest in the school board.
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| (c) Notwithstanding the provisions of subsection (a), the |
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| offices of
township treasurer and trustee of schools of any |
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| township located in a Class
II county school unit shall be |
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| abolished as provided in this subsection
if all of the |
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| following conditions are met:
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| (1) During the same 30 day period, each school board of |
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| each
elementary and unit school district that is subject to |
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| the jurisdiction and
authority of the township treasurer |
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| and trustees of schools of the township
in which those |
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| offices are sought to be abolished gives written notice by
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| certified mail, return receipt requested to the township |
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| treasurer and
trustees of schools of that township of the |
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| date of a meeting of the school
board, to be held not more |
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| than 90 nor less than 60 days after the date
when the |
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| notice is given, at which meeting the school board is to |
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| consider
and vote upon the question of whether there shall |
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| be submitted to the
electors of the school district a |
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| proposition to abolish the offices of
township treasurer |
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| and trustee of schools of that township. None of the
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| notices given under this paragraph to the township |
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| treasurer and trustees
of schools of a township shall be |
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| deemed sufficient or in compliance with
the requirements of |
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| this paragraph unless all of those notices are given
within |
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| the same 30 day period.
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| (2) Each school board of each elementary and unit |
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| school district that
is subject to the jurisdiction and |
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| authority of the township treasurer and
trustees of schools |
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| of the township in which those offices are sought to
be |
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| abolished, by the affirmative vote of at least 5 members of |
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| the school
board at a school board meeting of which notice |
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| is given as required by
paragraph (1) of this subsection, |
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| adopts a resolution requiring the
secretary of the school |
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| board to certify to the proper election authorities
for |
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| submission to the electors of the school district at the |
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| next
consolidated election in accordance with the general
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| election law a
proposition to abolish the offices of |
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| township treasurer and trustee of
schools of that township. |
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| None of the resolutions adopted under this
paragraph by any |
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| elementary or unit school districts that are subject to
the |
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| jurisdiction and authority of the township treasurer and |
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| trustees of
schools of the township in which those offices |
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| are sought to be abolished
shall be deemed in compliance |
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| with the requirements of this paragraph or
sufficient to |
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| authorize submission of the proposition to abolish those
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| offices to a referendum of the electors in any such school |
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| district unless
all of the school boards of all of the |
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| elementary and unit school districts
that are subject to |
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| the jurisdiction and authority of the township
treasurer |
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| and trustees of schools of that township adopt such a |
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| resolution
in accordance with the provisions of this |
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| paragraph.
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| (3) The school boards of all of the elementary and unit |
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| school
districts that are subject to the jurisdiction and |
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| authority of the
township treasurer and trustees of schools |
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| of the township in which those
offices are sought to be |
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| abolished submit a proposition to abolish the
offices of |
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| township treasurer and trustee of schools of that township |
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| to
the electors of their respective school districts at the |
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| same consolidated
election in accordance with the general |
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| election law, the ballot in each
such district to be in |
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| substantially the following form:
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| -------------------------------------------------------------
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| OFFICIAL BALLOT
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| Shall the offices of township
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| treasurer and YES
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| trustee of ---------------------
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| schools of Township ..... NO
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| Range ..... be abolished?
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| -------------------------------------------------------------
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| (4) At the consolidated election at which the
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| proposition to abolish
the offices of township treasurer |
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| and trustee of schools of a township is
submitted to the |
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| electors of each elementary and unit school district that
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| is subject to the jurisdiction and authority of the |
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| township treasurer and
trustee of schools of that township, |
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| a majority of the electors voting on
the proposition in |
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| each such elementary and unit school district votes in
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| favor of the proposition as submitted to them.
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| If in each elementary and unit school district that is |
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| subject to the
jurisdiction and authority of the township |
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| treasurer and trustees of
schools of the township in which |
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| those offices are sought to be abolished a
majority of the |
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| electors in each such district voting at the consolidated
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| election on the proposition to abolish the offices of township |
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| treasurer
and trustee of schools of that township votes in |
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| favor of the proposition
as submitted to them, the proposition |
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| shall be deemed to have passed; but
if in any such elementary |
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| or unit school district a majority of the
electors voting on |
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| that proposition in that district fails to vote in favor
of the |
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| proposition as submitted to them, then notwithstanding the vote |
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| of
the electors in any other such elementary or unit school |
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| district on that
proposition the proposition shall not be |
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| deemed to have passed in any of
those elementary or unit school |
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| districts, and the offices of township
treasurer and trustee of |
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| schools of the township in which those offices
were sought to |
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| be abolished shall not be abolished, unless in each of those
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| elementary and unit school districts remaining subject to the |
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| jurisdiction
and authority of the township treasurer and |
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| trustees of schools of that
township proceedings are again |
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| initiated to abolish those offices and all
of the proceedings |
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| and conditions prescribed in paragraphs (1) through (4)
of this |
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| subsection are repeated and met in each of those elementary and
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| unit school districts.
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| Notwithstanding the foregoing provisions of this Section |
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| or any other
provision of the School Code, the offices of |
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| township treasurer and trustee of
schools of a township that |
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| has a population of less than 200,000 and that
contains a unit |
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| school district and is located in a Class II county school unit
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| shall also be
abolished as provided in this subsection if all |
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| of the conditions set forth in
paragraphs (1), (2), and (3) of |
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| this subsection are met
and if the following additional |
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| condition is met:
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| The electors in all of the school districts subject to |
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| the jurisdiction and
authority of the township treasurer |
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| and trustees of schools of the township in
which those |
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| offices are sought to be abolished shall vote at the
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| consolidated
election on the proposition to abolish the |
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| offices of township treasurer and
trustee of schools of |
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| that township. If a majority of the electors in all of
the |
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| school districts combined voting on the proposition vote in |
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| favor of the
proposition, then the proposition shall be |
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| deemed to have passed; but if a
majority of the electors |
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| voting on the proposition in all of the school
district |
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| fails to vote in favor of the proposition as submitted to |
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| them, then
the proposition shall not be deemed to have |
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| passed and the offices of township
treasurer and trustee of |
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| schools of the township in which those offices were
sought |
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| to be abolished shall not be abolished, unless and until |
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| the proceedings
detailed in paragraphs (1) through (3) of |
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| this subsection and the conditions
set forth in this |
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| paragraph are met.
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| If the proposition to abolish the offices of township |
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| treasurer and
trustee of schools of a township is deemed to |
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| have passed at the
consolidated election as provided in this |
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| subsection,
those offices shall be
deemed abolished by |
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| operation of law effective on January 1
of the
calendar year |
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| immediately following the calendar year in which that
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| consolidated election is held, provided that if after the
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| election, the trustees of schools by resolution elect to |
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| abolish the offices of
township treasurer and trustee of |
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| schools effective on July 1 immediately
following the election, |
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| then the offices shall be abolished on July 1
immediately |
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| following the election.
On the date that
the offices of |
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| township treasurer and trustee of schools of a
township are |
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| deemed abolished by operation of law, the school board of each
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| elementary and unit school district and the school board of |
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| each high
school district that is subject to the jurisdiction |
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| and authority of the
township treasurer and trustees of schools |
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| of that township at the time
those offices are abolished: (i) |
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| shall appoint its own school treasurer as
provided in Section |
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| 8-1; and (ii) unless the term of the contract of a
township |
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| treasurer expires on the date that the office of township
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| treasurer is abolished, shall pay to the former township |
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| treasurer its
proportionate share of any aggregate |
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| compensation that, were the office of
township treasurer not |
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| abolished at that time, would
have been payable to the former |
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| township treasurer after that date over the
remainder of the |
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| term of the contract of the former township treasurer that
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| began prior to but ends after that date. In addition, on the |
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| date that the offices of township treasurer and trustee of
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| schools of a township are deemed abolished as provided in this |
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| subsection,
the school board of each elementary school, high |
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| school and unit school
district that until that date is subject |
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| to the jurisdiction and authority
of the township treasurer and |
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| trustees of schools of that township shall be
deemed by |
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| operation of law to have agreed and assumed to pay and, when
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| determined, shall pay to the Illinois Municipal Retirement
Fund |
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| a proportionate share of the unfunded liability existing in |
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| that Fund
at the time these offices are abolished in that
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| calendar year for all annuities or other benefits then or
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| thereafter to become payable from that Fund with respect to all |
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| periods of
service performed prior to that date as a |
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| participating employee in that
Fund by persons serving during |
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| those periods of service as a trustee of
schools, township |
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| treasurer or regular employee in the office of the
township |
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| treasurer of that township. That unfunded liability shall be
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| actuarially determined by the board of trustees of the Illinois |
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| Municipal
Retirement Fund, and the board of trustees shall |
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| thereupon notify each
school board required to pay a |
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| proportionate share of that unfunded
liability of the aggregate |
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| amount of the unfunded liability so determined.
The amount so |
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| paid to the Illinois Municipal Retirement Fund by each of
those |
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| school districts shall be credited to the account of the |
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| township in
that Fund. For each elementary school, high school |
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| and unit school district
under the jurisdiction and authority |
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| of a township treasurer and trustees
of schools of a township |
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| in which those offices are abolished as provided
in this |
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| subsection, each such district's proportionate share of the
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| aggregate compensation payable to the former township |
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| treasurer as provided
in this paragraph and each such |
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| district's proportionate share of the
aggregate amount of the |
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| unfunded liability payable to the Illinois
Municipal |
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| Retirement Fund as provided in this paragraph shall be computed
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| in accordance with the ratio that the number of pupils in |
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| average daily
attendance in each such district as reported in |
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| schedules prepared under
Section 24-19 for the school year last |
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| ending prior to the date on which
the offices of township |
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| treasurer and trustee of schools of that township
are abolished |
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| bears to the aggregate number of pupils in average daily
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| attendance in all of those districts as so reported for that |
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| school year.
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| Upon abolition of the offices of township treasurer and |
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| trustee of
schools of a township as provided in this |
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| subsection: (i) the regional
board of school trustees, in its |
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| corporate capacity, shall be deemed the
successor in interest |
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| to the former trustees of schools of that township
with respect |
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| to the common school lands and township loanable funds of the
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| township; (ii) all right, title and interest existing or vested |
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| in the
former trustees of schools of that township in the |
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| common school lands and
township loanable funds of the |
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| township, and all records, moneys,
securities and other assets, |
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| rights of property and causes of action
pertaining to or |
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| constituting a part of those common school lands or
township |
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| loanable funds, shall be transferred to and deemed vested by
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| operation of law in the regional board of school trustees, |
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| which shall hold
legal title to, manage and operate all common |
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| school lands and township
loanable funds of the township, |
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| receive the rents, issues and profits
therefrom, and have and |
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| exercise with respect thereto the same powers and
duties as are |
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| provided by this Code to be exercised by regional boards of
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| school trustees when acting as township land commissioners in |
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| counties
having at least 220,000 but fewer than 2,000,000 |
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| inhabitants; (iii) the
regional board of school trustees shall |
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| select to serve as its treasurer
with respect to the common |
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| school lands and township loanable funds of the
township a |
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| person from time to time also serving as the appointed school
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| treasurer of any school district that was subject to the |
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| jurisdiction and
authority of the township treasurer and |
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| trustees of schools of that
township at the time those offices |
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| were abolished, and the person selected
to also serve as |
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| treasurer of the regional board of school trustees shall
have |
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| his compensation for services in that capacity fixed by the |
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| regional
board of school trustees, to be paid from the township |
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| loanable funds, and
shall make to the regional board of school |
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| trustees the reports required to be
made by treasurers of |
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| township land commissioners, give bond as required by
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| treasurers of township land commissioners, and perform the |
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| duties and
exercise the powers of treasurers of township land |
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| commissioners; (iv) the
regional board of school trustees shall |
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| designate in the manner provided by
Section 8-7, insofar as |
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| applicable, a depositary for its treasurer, and the
proceeds of |
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| all rents, issues and profits from the common school lands and
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| township loanable funds of that township shall be deposited and |
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| held in the
account maintained for those purposes with that |
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| depositary and shall be
expended and distributed therefrom as |
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| provided in Section 15-24 and other
applicable provisions of |
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| this Code; and (v) whenever there is vested in the
trustees of |
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| schools of a township at the time that office is abolished
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| under this subsection the legal title to any school buildings |
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| 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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| same to be held, sold, exchanged leased or otherwise |
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| transferred in
accordance with applicable provisions of this |
22 |
| Code.
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| (d) Notwithstanding Section 2-3.25g of this Code, a waiver |
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| of a mandate
established under this Section may not be |
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| requested.
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| (Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01 .)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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