Full Text of HB2594 102nd General Assembly
HB2594eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 5-1 as follows:
| 6 | | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
| 7 | | Sec. 5-1. County school units.
| 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
| 15 | | all books and records of such former township trustees shall | 16 | | be forthwith
thereafter transferred to the county board of | 17 | | school trustees. County
school units of 2,000,000 or more | 18 | | inhabitants shall be known as Class II
county school units and | 19 | | shall retain the office of township trustees
unless otherwise | 20 | | provided in subsection (b) or (c).
| 21 | | (b) Notwithstanding subsections (a) and (c), the
school | 22 | | board of any elementary school district having a fall, 1989
| 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
| 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
| 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
| 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 | 23 | | relating to the school business and
affairs of such school | 24 | | district shall be transferred and delivered to the
school | 25 | | board of such school district. Upon the effective date of this
| 26 | | amendatory Act of 1993, the legal title to, and all right, |
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| 1 | | title
and interest
formerly held by the township trustees in | 2 | | any school buildings and
school sites
used and occupied by the | 3 | | school board of such school district for school
purposes, that | 4 | | legal title, right, title and interest thereafter having
been | 5 | | transferred to and vested in the regional
board
of school | 6 | | trustees under P.A. 87-473 until the abolition of that | 7 | | regional
board of school trustees by P.A. 87-969, shall be | 8 | | deemed transferred by
operation of law to and shall vest in the | 9 | | school board of that school
district.
| 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, | 13 | | by 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 | 5 | | and 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.
| 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. | 13 | | Morton High School District 201 may, by proper resolution, | 14 | | withdraw from the jurisdiction and authority of the trustees | 15 | | of schools of Cicero Township and the township treasurer, | 16 | | provided that the school board shall, upon the adoption and | 17 | | passage of the resolution, 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 | | (1) the trustees of schools in the township shall no longer | 22 | | have or exercise any powers or duties with respect to the | 23 | | school district or with respect to the school business, | 24 | | operations, or assets of the school district; (2) all books | 25 | | and records of the trustees of schools and all moneys, | 26 | | securities, loanable funds, and other assets relating to the |
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| 1 | | school business and affairs of the school district shall be | 2 | | transferred and delivered to the school board; and (3) all | 3 | | legal title to and all right, title, and interest formerly | 4 | | held by the trustees of schools in any common school lands, | 5 | | school buildings, or school sites used and occupied by the | 6 | | school board and all rights of property and causes of action | 7 | | pertaining to or constituting a part of the common school | 8 | | lands, buildings, or sites shall be deemed transferred by | 9 | | operation of law to and shall vest in the school board.
| 10 | | Notwithstanding subsections (a) and (c) of this Section | 11 | | and upon final judgment, including the exhaustion of all | 12 | | appeals or a settlement between all parties, regarding claims | 13 | | set forth in the case of Township Trustees of Schools Township | 14 | | 38 North, Range 12 East v. Lyons Township High School District | 15 | | No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | 16 | | Court of Cook County, Illinois, County Department, Chancery | 17 | | Division, and all related pending claims, the
school board of | 18 | | Lyons Township High School District 204 may commence, by | 19 | | proper resolution, to withdraw from the jurisdiction and | 20 | | authority of the trustees of schools of Lyons Township and the | 21 | | township treasurer, provided that
the school board shall, upon | 22 | | the adoption and passage of the
resolution, elect or appoint | 23 | | its own school treasurer as
provided in Section 8-1 of this | 24 | | Code. Upon the adoption and
passage of the resolution and the | 25 | | election or appointment by
the school board of its own school | 26 | | treasurer commencing with the first day of the succeeding |
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| 1 | | fiscal year, but not prior to July 1, 2019: (1) the trustees of | 2 | | schools in the township shall no longer have or exercise any | 3 | | powers or duties with respect to the school district or with | 4 | | respect to the school business, operations, or assets of the | 5 | | school district; (2) all books and records of the trustees of
| 6 | | schools and all moneys, securities, loanable funds, and other
| 7 | | assets relating to the school business and affairs of the
| 8 | | school district shall be transferred and delivered to the
| 9 | | school board, allowing for a reasonable period of time not to | 10 | | exceed 90 days to liquidate any pooled investments; and (3) | 11 | | all legal title to and all right, title,
and interest formerly | 12 | | held by the trustees of schools in any
common school lands, | 13 | | school buildings, or school sites used and
occupied by the | 14 | | school board and all rights of property and
causes of action | 15 | | pertaining to or constituting a part of the
common school | 16 | | lands, buildings, or sites shall be deemed
transferred by | 17 | | operation of law to and shall vest in the school
board. The | 18 | | changes made to this Section by this amendatory Act of the | 19 | | 100th General Assembly are prospective only, starting from the | 20 | | effective date of this amendatory Act of the 100th General | 21 | | Assembly, and shall not affect any legal action pending on the | 22 | | effective date of this amendatory Act of the 100th General | 23 | | Assembly in the Illinois courts in which Lyons Township High | 24 | | School District 204 is a listed party. | 25 | | Notwithstanding subsections (a) and (c), the school board | 26 | | of South Holland School District 151 may, by proper |
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| 1 | | resolution, withdraw from the jurisdiction and authority of | 2 | | the trustees of schools of Thornton Township and the township | 3 | | treasurer, provided that the school board shall, upon the | 4 | | adoption and passage of the resolution, elect or appoint its | 5 | | own school treasurer as provided in Section 8-1 of this Code. | 6 | | Upon the adoption and passage of the resolution and the | 7 | | election or appointment by the school board of its own school | 8 | | treasurer: (1) the trustees of schools in the township shall | 9 | | no longer have or exercise any powers or duties with respect to | 10 | | the school district or with respect to the school business, | 11 | | operations, or assets of the school district; (2) all books | 12 | | and records of the trustees of schools and all moneys, | 13 | | securities, loanable funds, and other assets relating to the | 14 | | school business and affairs of the school district shall be | 15 | | transferred and delivered to the school board; and (3) all | 16 | | legal title to and all right, title, and interest formerly | 17 | | held by the trustees of schools in any common school lands, | 18 | | school buildings, or school sites used and occupied by the | 19 | | school board and all rights of property and causes of action | 20 | | pertaining to or constituting a part of the common school | 21 | | lands, buildings, or sites shall be deemed transferred by | 22 | | operation of law to and shall vest in the school board. | 23 | | (c) Notwithstanding the provisions of subsection (a), the | 24 | | offices of
township treasurer and trustee of schools of any | 25 | | township located in a Class
II county school unit shall be | 26 | | abolished as provided in this subsection
if all of the |
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| 1 | | following conditions are met:
| 2 | | (1) During the same 30 day period, each school board | 3 | | of each
elementary and unit school district that is | 4 | | subject to the jurisdiction and
authority of the township | 5 | | treasurer and trustees of schools of the township
in which | 6 | | those offices are sought to be abolished gives written | 7 | | notice by
certified mail, return receipt requested to the | 8 | | township treasurer and
trustees of schools of that | 9 | | township of the date of a meeting of the school
board, to | 10 | | be held not more than 90 nor less than 60 days after the | 11 | | date
when the notice is given, at which meeting the school | 12 | | board is to consider
and vote upon the question of whether | 13 | | there shall be submitted to the
electors of the school | 14 | | district a proposition to abolish the offices of
township | 15 | | treasurer and trustee of schools of that township. None of | 16 | | the
notices given under this paragraph to the township | 17 | | treasurer and trustees
of schools of a township shall be | 18 | | deemed sufficient or in compliance with
the requirements | 19 | | of this paragraph unless all of those notices are given
| 20 | | within the same 30 day period.
| 21 | | (2) Each school board of each elementary and unit | 22 | | school district that
is subject to the jurisdiction and | 23 | | authority of the township treasurer and
trustees of | 24 | | schools of the township in which those offices are sought | 25 | | to
be abolished, by the affirmative vote of at least 5 | 26 | | members of the school
board at a school board meeting of |
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| 1 | | which notice is given as required by
paragraph (1) of this | 2 | | subsection, adopts a resolution requiring the
secretary of | 3 | | the school board to certify to the proper election | 4 | | authorities
for submission to the electors of the school | 5 | | district at the next
consolidated election in accordance | 6 | | with the general
election law a
proposition to abolish the | 7 | | offices of township treasurer and trustee of
schools of | 8 | | that township. None of the resolutions adopted under this
| 9 | | paragraph by any elementary or unit school districts that | 10 | | are subject to
the jurisdiction and authority of the | 11 | | township treasurer and trustees of
schools of the township | 12 | | in which those offices are sought to be abolished
shall be | 13 | | deemed in compliance with the requirements of this | 14 | | paragraph or
sufficient to authorize submission of the | 15 | | proposition to abolish those
offices to a referendum of | 16 | | the electors in any such school district unless
all of the | 17 | | school boards of all of the elementary and unit school | 18 | | districts
that are subject to the jurisdiction and | 19 | | authority of the township
treasurer and trustees of | 20 | | schools of that township adopt such a resolution
in | 21 | | accordance with the provisions of this paragraph.
| 22 | | (3) The school boards of all of the elementary and | 23 | | unit school
districts that are subject to the jurisdiction | 24 | | and authority of the
township treasurer and trustees of | 25 | | schools of the township in which those
offices are sought | 26 | | to be abolished submit a proposition to abolish the
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| 1 | | offices of township treasurer and trustee of schools of | 2 | | that township to
the electors of their respective school | 3 | | districts at the same consolidated
election in accordance | 4 | | with the general election law, the ballot in each
such | 5 | | district to be in substantially the following form:
| 6 | | -------------------------------------------------------------
| 7 | | OFFICIAL BALLOT
| 8 | | Shall the offices of township
| 9 | | treasurer and YES
| 10 | | trustee of -------------
| 11 | | schools of Township ..... NO
| 12 | | Range ..... be abolished?
| 13 | | -------------------------------------------------------------
| 14 | | (4) At the consolidated election at which the
| 15 | | proposition to abolish
the offices of township treasurer | 16 | | and trustee of schools of a township is
submitted to the | 17 | | electors of each elementary and unit school district that
| 18 | | is subject to the jurisdiction and authority of the | 19 | | township treasurer and
trustee of schools of that | 20 | | township, a majority of the electors voting on
the | 21 | | proposition in each such elementary and unit school | 22 | | district votes in
favor of the proposition as submitted to | 23 | | them.
| 24 | | If in each elementary and unit school district that is | 25 | | subject to the
jurisdiction and authority of the township | 26 | | treasurer and trustees of
schools of the township in which |
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| 1 | | those offices are sought to be abolished a
majority of the | 2 | | electors in each such district voting at the consolidated
| 3 | | election on the proposition to abolish the offices of township | 4 | | treasurer
and trustee of schools of that township votes in | 5 | | favor of the proposition
as submitted to them, the proposition | 6 | | shall be deemed to have passed; but
if in any such elementary | 7 | | or unit school district a majority of the
electors voting on | 8 | | that proposition in that district fails to vote in favor
of the | 9 | | proposition as submitted to them, then notwithstanding the | 10 | | vote of
the electors in any other such elementary or unit | 11 | | school district on that
proposition the proposition shall not | 12 | | be deemed to have passed in any of
those elementary or unit | 13 | | school districts, and the offices of township
treasurer and | 14 | | trustee of schools of the township in which those offices
were | 15 | | sought to be abolished shall not be abolished, unless in each | 16 | | of those
elementary and unit school districts remaining | 17 | | subject to the jurisdiction
and authority of the township | 18 | | treasurer and trustees of schools of that
township proceedings | 19 | | are again initiated to abolish those offices and all
of the | 20 | | proceedings and conditions prescribed in paragraphs (1) | 21 | | through (4)
of this subsection are repeated and met in each of | 22 | | those elementary and
unit school districts.
| 23 | | Notwithstanding the foregoing provisions of this Section | 24 | | or any other
provision of the School Code, the offices of | 25 | | township treasurer and trustee of
schools of a township that | 26 | | has a population of less than 200,000 and that
contains a unit |
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| 1 | | school district and is located in a Class II county school unit
| 2 | | shall also be
abolished as provided in this subsection if all | 3 | | of the conditions set forth in
paragraphs (1), (2), and (3) of | 4 | | this subsection are met
and if the following additional | 5 | | condition is met:
| 6 | | The electors in all of the school districts subject to | 7 | | the jurisdiction and
authority of the township treasurer | 8 | | and trustees of schools of the township in
which those | 9 | | offices are sought to be abolished shall vote at the
| 10 | | consolidated
election on the proposition to abolish the | 11 | | offices of township treasurer and
trustee of schools of | 12 | | that township. If a majority of the electors in all of
the | 13 | | school districts combined voting on the proposition vote | 14 | | in favor of the
proposition, then the proposition shall be | 15 | | deemed to have passed; but if a
majority of the electors | 16 | | voting on the proposition in all of the school
district | 17 | | fails to vote in favor of the proposition as submitted to | 18 | | them, then
the proposition shall not be deemed to have | 19 | | passed and the offices of township
treasurer and trustee | 20 | | of schools of the township in which those offices were
| 21 | | sought to be abolished shall not be abolished, unless and | 22 | | until the proceedings
detailed in paragraphs (1) through | 23 | | (3) of this subsection and the conditions
set forth in | 24 | | this paragraph are met.
| 25 | | If the proposition to abolish the offices of township | 26 | | treasurer and
trustee of schools of a township is deemed to |
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| 1 | | have passed at the
consolidated election as provided in this | 2 | | subsection,
those offices shall be
deemed abolished by | 3 | | operation of law effective on January 1
of the
calendar year | 4 | | immediately following the calendar year in which that
| 5 | | consolidated election is held, provided that if after the
| 6 | | election, the trustees of schools by resolution elect to | 7 | | abolish the offices of
township treasurer and trustee of | 8 | | schools effective on July 1 immediately
following the | 9 | | election, then the offices shall be abolished on July 1
| 10 | | immediately following the election.
On the date that
the | 11 | | offices of township treasurer and trustee of schools of a
| 12 | | township are deemed abolished by operation of law, the school | 13 | | board of each
elementary and unit school district and the | 14 | | school board of each high
school district that is subject to | 15 | | the jurisdiction and authority of the
township treasurer and | 16 | | trustees of schools of that township at the time
those offices | 17 | | are abolished: (i) shall appoint its own school treasurer as
| 18 | | provided in Section 8-1; and (ii) unless the term of the | 19 | | contract of a
township treasurer expires on the date that the | 20 | | office of township
treasurer is abolished, shall pay to the | 21 | | former township treasurer its
proportionate share of any | 22 | | aggregate compensation that, were the office of
township | 23 | | treasurer not abolished at that time, would
have been payable | 24 | | to the former township treasurer after that date over the
| 25 | | remainder of the term of the contract of the former township | 26 | | treasurer that
began prior to but ends after that date. In |
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| 1 | | addition, on the date that the offices of township treasurer | 2 | | and trustee of
schools of a township are deemed abolished as | 3 | | provided in this subsection,
the school board of each | 4 | | elementary school, high school and unit school
district that | 5 | | until that date is subject to the jurisdiction and authority
| 6 | | of the township treasurer and trustees of schools of that | 7 | | township shall be
deemed by operation of law to have agreed and | 8 | | assumed to pay and, when
determined, shall pay to the Illinois | 9 | | Municipal Retirement
Fund a proportionate share of the | 10 | | unfunded liability existing in that Fund
at the time these | 11 | | offices are abolished in that
calendar year for all annuities | 12 | | or other benefits then or
thereafter to become payable from | 13 | | that Fund with respect to all periods of
service performed | 14 | | prior to that date as a participating employee in that
Fund by | 15 | | persons serving during those periods of service as a trustee | 16 | | of
schools, township treasurer or regular employee in the | 17 | | office of the
township treasurer of that township. That | 18 | | unfunded liability shall be
actuarially determined by the | 19 | | board of trustees of the Illinois Municipal
Retirement Fund, | 20 | | and the board of trustees shall thereupon notify each
school | 21 | | board required to pay a proportionate share of that unfunded
| 22 | | liability of the aggregate amount of the unfunded liability so | 23 | | determined.
The amount so paid to the Illinois Municipal | 24 | | Retirement Fund by each of
those school districts shall be | 25 | | credited to the account of the township in
that Fund. For each | 26 | | elementary school, high school and unit school district
under |
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| 1 | | the jurisdiction and authority of a township treasurer and | 2 | | trustees
of schools of a township in which those offices are | 3 | | abolished as provided
in this subsection, each such district's | 4 | | proportionate share of the
aggregate compensation payable to | 5 | | the former township treasurer as provided
in this paragraph | 6 | | and each such district's proportionate share of the
aggregate | 7 | | amount of the unfunded liability payable to the Illinois
| 8 | | Municipal Retirement Fund as provided in this paragraph shall | 9 | | be computed
in accordance with the ratio that the number of | 10 | | pupils in average daily
attendance in each such district for | 11 | | the school year last ending prior to the date on which
the | 12 | | offices of township treasurer and trustee of schools of that | 13 | | township
are abolished bears to the aggregate number of pupils | 14 | | in average daily
attendance in all of those districts as so | 15 | | reported for that school year.
| 16 | | Upon abolition of the offices of township treasurer and | 17 | | trustee of
schools of a township as provided in this | 18 | | subsection: (i) the regional
board of school trustees, in its | 19 | | corporate capacity, shall be deemed the
successor in interest | 20 | | to the former trustees of schools of that township
with | 21 | | respect to the common school lands and township loanable funds | 22 | | of the
township; (ii) all right, title and interest existing | 23 | | or vested in the
former trustees of schools of that township in | 24 | | the common school lands and
township loanable funds of the | 25 | | township, and all records, moneys,
securities and other | 26 | | assets, rights of property and causes of action
pertaining to |
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| 1 | | or constituting a part of those common school lands or
| 2 | | township loanable funds, shall be transferred to and deemed | 3 | | vested by
operation of law in the regional board of school | 4 | | trustees, which shall hold
legal title to, manage and operate | 5 | | all common school lands and township
loanable funds of the | 6 | | township, receive the rents, issues and profits
therefrom, and | 7 | | have and exercise with respect thereto the same powers and
| 8 | | duties as are provided by this Code to be exercised by regional | 9 | | boards of
school trustees when acting as township land | 10 | | commissioners in counties
having at least 220,000 but fewer | 11 | | than 2,000,000 inhabitants; (iii) the
regional board of school | 12 | | trustees shall select to serve as its treasurer
with respect | 13 | | to the common school lands and township loanable funds of the
| 14 | | township a person from time to time also serving as the | 15 | | appointed school
treasurer of any school district that was | 16 | | subject to the jurisdiction and
authority of the township | 17 | | treasurer and trustees of schools of that
township at the time | 18 | | those offices were abolished, and the person selected
to also | 19 | | serve as treasurer of the regional board of school trustees | 20 | | shall
have his compensation for services in that capacity | 21 | | fixed by the regional
board of school trustees, to be paid from | 22 | | the township loanable funds, and
shall make to the regional | 23 | | board of school trustees the reports required to be
made by | 24 | | treasurers of township land commissioners, give bond as | 25 | | required by
treasurers of township land commissioners, and | 26 | | perform the duties and
exercise the powers of treasurers of |
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| 1 | | township land commissioners; (iv) the
regional board of school | 2 | | trustees shall designate in the manner provided by
Section | 3 | | 8-7, insofar as applicable, a depositary for its treasurer, | 4 | | and the
proceeds of all rents, issues and profits from the | 5 | | common school lands and
township loanable funds of that | 6 | | township shall be deposited and held in the
account maintained | 7 | | for those purposes with that depositary and shall be
expended | 8 | | and distributed therefrom as provided in Section 15-24 and | 9 | | other
applicable provisions of this Code; and (v) whenever | 10 | | there is vested in the
trustees of schools of a township at the | 11 | | time that office is abolished
under this subsection the legal | 12 | | title to any school buildings or school
sites used or occupied | 13 | | for school purposes by any elementary school, high
school or | 14 | | unit school district subject to the jurisdiction and authority | 15 | | of
those trustees of school at the time that office is | 16 | | abolished, the legal
title to those school buildings and | 17 | | school sites shall be deemed
transferred by operation of law | 18 | | to and invested in the
school board of that school district, in | 19 | | its corporate
capacity under Section 10-22.35B of this Code, | 20 | | the
same to be held, sold, exchanged leased or otherwise | 21 | | transferred in
accordance with applicable provisions of this | 22 | | Code.
| 23 | | Notwithstanding Section 2-3.25g of this Code, a waiver of | 24 | | a mandate
established under this Section may not be requested.
| 25 | | (Source: P.A. 100-374, eff. 8-25-17; 100-921, eff. 8-17-18.)
| 26 | | Section 99. Effective date. This Act takes effect July 1, |
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