HB2416sam001 99TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/28/2015

09900HB2416sam001 LRB099 09149 SXM 36346 a

AMENDMENT TO HOUSE BILL 2416

AMENDMENT NO. ______. Amend House Bill 2416 on page 5, by replacing lines 10 through 26 with the following:

"Notwithstanding subsections (a) and (c) of this Section, the school board of Lyons Township High School District 204 may, by resolution, withdraw from the jurisdiction and authority of the trustees of schools of Lyons Township and the township treasurer, provided that the school board shall, upon the adoption of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code and give written notice of the same to the township treasurer. Commencing with the first day of the next fiscal year following adoption of the resolution and giving written notice but not prior to July 1, 2016: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets in the custody of the township treasurer and determined by the township treasurer to be relating to the school business and affairs of the school district, except as noted in this paragraph, shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. The changes made to this Section by this amendatory Act of the 99th General Assembly are prospective only, starting from the effective date of this amendatory Act of the 99th General Assembly, and shall not affect any legal action pending on the effective date of this amendatory Act of the 99th General Assembly in the Illinois courts in which Lyons Township High School District 204 is a listed party. On the last day of the fiscal year in which the required notice is provided, the township treasurer shall, before transfer of the contents listed under item (2) of this paragraph, set aside from those contents and hold as a separate fund the sum of $6,500,000. This fund shall be held and applied against: (a) the claims set forth in the case of Township Trustees of Schools Township 38 North, Range 12 East v. Lyons Township High School District No. 204 case N. 13 CH 23386 pending in the Circuit Court of Cook County, Illinois, County Department, Chancery Division; (b) any unpaid pro-rata share of expenses of the township treasurer's office and the township treasurer's compensation incurred subsequent to the litigation referenced in item (a) which is properly allocable to and owed by Lyons Township High School District 204; (c) the expenses related to any terminations or early retirement of staff from the township treasurer's office which result from this amendatory Act of the 99th General Assembly as determined by the township treasurer; and (d) the expenses of liquidating assets in order to make the payment under item (2) of this paragraph as determined by the township treasurer. The pro-rata share assigned to Lyons Township High School District 204, prior to the transfer contemplated in item (2) of this paragraph, shall be the percentage as determined under Section 8-5 of the Code; subsequent to that date, it shall be 25%. Any funds remaining after application of items (a) through (d) will be paid over to the school treasurer of Lyons Township High School District 204. For a period of 20 years after the effective date of this amendatory Act of the 99th General Assembly, Lyons Township High School District 204 shall not provide any services provided by the township treasurer's office to any other school district or educational agency if the township treasurer's office has not ceased providing those services to any other school district or educational agency."; and

on page 6, by deleting lines 1 through 14.