Full Text of HB5659 97th General Assembly
HB5659 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5659 Introduced 2/16/2012, by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/5-22 | from Ch. 122, par. 5-22 | 105 ILCS 5/5-24 | from Ch. 122, par. 5-24 |
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Amends the Trustees of Schools Article of the School Code. In provisions allowing a school board to sell property to another school district in the manner provided in the Local Government Property Transfer Act, specifies that another school district includes a charter school. In provisions concerning a petition requesting the sale of school grounds and buildings to another school district, specifies that another school district includes a charter school, and makes conforming changes. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 Sections | 5 | | 5-22 and 5-24 as follows:
| 6 | | (105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
| 7 | | Sec. 5-22. Sales of school sites, buildings or other real | 8 | | estate. When in the opinion of the school board, a school site, | 9 | | or portion
thereof, building, or site with building thereon, or | 10 | | any other real
estate of the district, has become unnecessary | 11 | | or unsuitable or
inconvenient for a school, or unnecessary for | 12 | | the uses of the district,
the school board, by a resolution | 13 | | adopted by at least two-thirds of the
board members, may sell | 14 | | or direct that the property be sold in the manner
provided
in | 15 | | the Local Government Property Transfer Act, or in the manner
| 16 | | herein provided. Unless legal title to the land is held by the | 17 | | school
board, the school board shall forthwith notify the | 18 | | trustees of
schools or other school officials having legal | 19 | | title to such land of the
terms upon which they desire the | 20 | | property to be sold.
If the property is to be sold to another | 21 | | unit of local government or
school district, including a | 22 | | charter school, the school board, trustees of schools, or other | 23 | | school
officials
having legal title to the land shall proceed |
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| 1 | | in the manner provided
in the Local Government Property | 2 | | Transfer Act. In all other cases, except if
the property is to | 3 | | be sold to a tenant that has leased the
property for 10 or more | 4 | | years and that tenant is a non-profit agency,
the school
board, | 5 | | trustees
of schools, or other school officials having legal | 6 | | title to the land shall,
within 60 days after adoption of the | 7 | | resolution (if the school board holds
legal title to the land), | 8 | | or within 60 days after the
trustees of school or other school | 9 | | officials having legal title receive the
notice (if the school | 10 | | board does not hold legal title to the land), sell the
property | 11 | | at public sale, by
auction or sealed bids, after first giving | 12 | | notice of the time, place, and terms
thereof by notice | 13 | | published once each week for 3 successive weeks prior to the
| 14 | | date of the sale if sale is by auction, or prior to the final | 15 | | date of
acceptance of bids if sale is by sealed bids, in a | 16 | | newspaper published in the
district or, if no such newspaper is | 17 | | published in the district, then in a
newspaper published in the | 18 | | county and having a general circulation in the
district; | 19 | | however, if territory containing a school site, building, or | 20 | | site
with building thereon, is detached from the school | 21 | | district of which it is a
part after proceedings have been | 22 | | commenced under this Section for the sale of
that school site, | 23 | | building, or site with building thereon, but before the sale
is | 24 | | held, then the school board, trustees of schools, or other | 25 | | school
officials having legal title shall not advertise or sell | 26 | | that
school site, building, or site with building thereon, |
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| 1 | | pursuant to those
proceedings. The notices may be in the | 2 | | following form:
| 3 | | NOTICE OF SALE
| 4 | | Notice is hereby given that on (insert date), the (here | 5 | | insert title of the school board, trustees of school, or
other | 6 | | school officials holding legal title) of (county)
(Township No. | 7 | | ...., Range No. .... P.M. ....) will sell at public sale (use
| 8 | | applicable alternative) (at ......... (state location of sale | 9 | | which shall
be within the district), at .... ..M.,) (by taking | 10 | | sealed bids which shall be
accepted until .... ..M., on (insert | 11 | | date), at (here insert location where bids will be accepted | 12 | | which shall be
within the district) which bids will be opened | 13 | | at .... ..M. on (insert
date) at (here insert location where | 14 | | bids
will be opened which shall be within the district)) the | 15 | | following described
property: (here describe the property), | 16 | | which sale will be made on the
following terms to-wit: (here | 17 | | insert terms of sale)
| 18 | | ....
| 19 | | ....
| 20 | | ....
| 21 | | (Here insert title of school
| 22 | | officials holding legal title)
| 23 | | For purposes of determining "terms of sale" under this | 24 | | Section, the General
Assembly declares by this clarifying and | 25 | | amendatory Act of 1983 that "terms
of sale" are not limited to |
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| 1 | | sales for cash only but include contracts for
deed, mortgages, | 2 | | and such other seller financed terms as may be specified
by the | 3 | | school board.
| 4 | | If a school board specifies a reasonable minimum selling | 5 | | price and that
price is not met or if no bids are received, the | 6 | | school board may adopt a
resolution determining or directing | 7 | | that the services
of
a licensed real estate broker be engaged | 8 | | to sell the property for a
commission not to exceed 7%,
| 9 | | contingent on the sale of the property within 120 days. If | 10 | | legal title to the
property is not held by the school board,
| 11 | | the trustees of schools or other school officials having legal | 12 | | title shall,
upon receipt of the resolution, engage the | 13 | | services of a licensed real estate
broker as directed in the | 14 | | resolution.
The board may accept a written offer equal to or | 15 | | greater than the established
minimum selling price for the | 16 | | described property. The services of a licensed
real estate | 17 | | broker may be utilized to seek a buyer. If the board lowers the
| 18 | | minimum selling price on the described property, the public | 19 | | sale procedures set
forth in this Section must be followed. The | 20 | | board may raise the minimum selling
price without repeating the | 21 | | public sale procedures.
| 22 | | In the case of a sale of property to a tenant that has | 23 | | leased the
property for 10 or more years and that is a | 24 | | non-profit agency, an
appraisal is required prior to the sale. | 25 | | If the non-profit agency purchases
the property for less than | 26 | | the appraised value and subsequently sells the
property, the |
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| 1 | | agency may retain only a percentage of the profits that is
| 2 | | proportional to the percentage of the appraisal,
plus any | 3 | | improvements made by the agency while the agency was the
owner,
| 4 | | that the agency paid in the initial sale.
The remaining portion | 5 | | of the profits made by the non-profit agency
shall revert to | 6 | | the school district.
| 7 | | The deed of conveyance shall be executed by the president | 8 | | and clerk
or secretary of the school board, trustees of | 9 | | schools, or other school
officials having legal title to the | 10 | | land, and the proceeds paid to the school
treasurer for the
| 11 | | benefit of the district; provided, that the proceeds of any | 12 | | such sale on
the island of Kaskaskia shall be paid to the State | 13 | | Treasurer for the use
of the district and shall be disbursed by | 14 | | him in the same manner as
income from the Kaskaskia Commons | 15 | | permanent school fund. The school
board shall use the proceeds | 16 | | from the sale first to pay the principal
and interest on any | 17 | | outstanding bonds on the property being sold, and
after all | 18 | | such bonds have been retired, the remaining proceeds from the
| 19 | | sale next shall be used by the school board to meet any urgent | 20 | | district needs
as determined under Sections 2-3.12 and 17-2.11 | 21 | | and then for any other
authorized purpose and for deposit into | 22 | | any district fund. But whenever the
school board of any school | 23 | | district determines that any schoolhouse site with
or without a | 24 | | building thereon is of no further use to the district, and | 25 | | agrees
with the school board of any other school district | 26 | | within the boundaries of
which the site is situated, upon the |
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| 1 | | sale thereof to that district, and agrees
upon the price to be | 2 | | paid therefor, and the site is selected by the purchasing
| 3 | | district in the manner required by law, then after the payment | 4 | | of the
compensation the school board, township trustees, or | 5 | | other school
officials having legal title
to the land of the | 6 | | schools shall, by proper instrument in writing, convey the
| 7 | | legal title of the site to the school board of the purchasing | 8 | | district, or to
the
trustees of schools for the use of the | 9 | | purchasing district, in accordance
with law. The provisions of | 10 | | this Section
shall not apply to any sale made pursuant to | 11 | | Section 5-23 or Section 5-24 or
Section 32-4.
| 12 | | (Source: P.A. 91-357, eff. 7-29-99; 92-365, eff. 8-15-01.)
| 13 | | (105 ILCS 5/5-24) (from Ch. 122, par. 5-24)
| 14 | | Sec. 5-24. Sale to another school district or municipality. | 15 | | Whenever a petition is presented to the school board of a | 16 | | school district
requesting the sale of school grounds and | 17 | | buildings to another school district , including a charter | 18 | | school,
or other municipality, which petition is signed by 10%
| 19 | | of the voters of the district, the school board of the district | 20 | | shall adopt
a resolution for the sale of such school grounds | 21 | | and buildings, and fix
the price therefor, and shall thereupon | 22 | | order the secretary to certify
to the proper election | 23 | | authorities the proposition for submission to the
voters of the | 24 | | district in accordance
with the general election law; and if a | 25 | | majority of the votes cast
upon the proposition are in favor of |
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| 1 | | the sale, then
the school board, trustees of schools of the | 2 | | township in which the school
district
is located, or other | 3 | | school officials having legal title shall convey by
its | 4 | | president and clerk or secretary, upon receipt of the purchase | 5 | | price,
the property so to be sold; and the purchase price | 6 | | thereof shall be placed
with the proper treasurer for the | 7 | | benefit of the school district so selling
the property. The | 8 | | proposition shall be substantially in the following form:
| 9 | | -------------------------------------------------------------
| 10 | | Shall School District Number
| 11 | | ...., of.... County, Illinois, YES
| 12 | | sell to School District
| 13 | | Number...., (or other municipality
| 14 | | or charter school ) -----------------------------------------
| 15 | | of.... County, Illinois,
| 16 | | the following described property
| 17 | | (here describe the ground) NO
| 18 | | for the sum of.... Dollars?
| 19 | | -------------------------------------------------------------
| 20 | | (Source: P.A. 88-155 .)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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