Bill Text: IL HB4930 | 2017-2018 | 100th General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4930 Detail]

Download: Illinois-2017-HB4930-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4930 Introduced , by Rep. David A. Welter SYNOPSIS AS INTRODUCED:
105 ILCS 5/15-7.5 new
105 ILCS 5/15-18 from Ch. 122, par. 15-18
Amends the School Code. Provides that township land commissioners or trustees of schools that have title to any school real estate or lands may authorize by resolution the sale of common school lands to a government entity if two-thirds of the township land commissioners or trustees of schools approve the resolution. Provides that the regional superintendent of schools of the county in which the lands are located shall complete the sale and deliver a certificate of purchase to the government entity. Provides that a government entity that purchases common school lands, or its assigns, may obtain a copy of a certificate of purchase or patent by (1) for a certificate of purchase, filing an affidavit with the regional superintendent in which the lands are located proving the loss or destruction of the original; (2) for a patent, filing an affidavit with the Secretary of State proving loss or destruction of the original; and (3) presenting a copy of the certified resolution approving the sale that has been filed by the township land commissioners or trustees of schools with the county recorder of deeds to the regional superintendent or Secretary of State. Provides that the regional superintendent or the Secretary of State shall issue a replacement certificate or patent, which shall have the effect of the originals and shall reflect the effective date of the transfer of title as the date of the filing of the resolution by the township land commissioners or trustees of schools with the county recorder of deeds. Effective immediately.
LRB100 17337 AXK 32501 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
15-7.5 and by changing Section 15-18 as follows:
(105 ILCS 5/15-7.5 new)
Sec. 15-7.5. Sale of common school lands to a government
entity. Notwithstanding Section 15-7 of this Code, township
land commissioners or trustees of schools that have title to
any school real estate or lands may authorize by resolution the
sale of common school lands to a government entity. The
resolution shall include, but is not limited to, a declaration
that the lands are a surplus, pertinent information describing
the lands, and the terms of the sale. If two-thirds of the
township land commissioners or trustees of schools holding
office at the time of the proposed sale approve the resolution,
a certified copy of the resolution must be delivered to the
regional superintendent of schools of the county in which the
lands are located within a 7-day period. The regional
superintendent shall complete the sale and deliver to the
government entity a certificate of purchase under Section 15-16
of this Code. Sections 15-8 through 15-13 of this Code do not
apply to a sale under this Section.

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(105 ILCS 5/15-18) (from Ch. 122, par. 15-18)
Sec. 15-18. Copies of lost certificates or patents.
(a) Except as provided in subsection (b) of this Section,
purchasers Purchasers of common school lands, and their heirs
or assigns, may obtain certified copies or certificates of
purchase and patents upon filing an affidavit with the county
superintendent in respect to certificates and with the
Secretary of State in respect to patents, proving the loss or
destruction of the originals, which copies shall have the
effect of originals.
(b) A purchaser of common school lands, or its assigns,
under Section 15-7.5 of this Code may obtain a copy of a
certificate of purchase or patent by (i) for a certificate of
purchase, filing an affidavit with the regional superintendent
of schools in which the lands are located proving the loss or
destruction of the original; (ii) for a patent, filing an
affidavit with the Secretary of State proving loss or
destruction of the original; and (iii) presenting a copy of the
certified resolution approving the sale that has been filed by
the township land commissioners or trustees of schools with the
county recorder of deeds to the regional superintendent or
Secretary of State. Upon presentation of all required documents
under this subsection (b), the regional superintendent or the
Secretary of State shall issue a replacement certificate or
patent, which shall have the effect of the originals and shall

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reflect the effective date of the transfer of title as the date
of the filing of the resolution by the township land
commissioners or trustees of schools with the county recorder
of deeds.
(Source: Laws 1961, p. 31.)
Section 99. Effective date. This Act takes effect upon
becoming law.