Sen. Martin A. Sandoval

Filed: 5/28/2015





09900HB2416sam001LRB099 09149 SXM 36346 a


2    AMENDMENT NO. ______. Amend House Bill 2416 on page 5, by
3replacing lines 10 through 26 with the following:
4    "Notwithstanding subsections (a) and (c) of this Section,
5the school board of Lyons Township High School District 204
6may, by resolution, withdraw from the jurisdiction and
7authority of the trustees of schools of Lyons Township and the
8township treasurer, provided that the school board shall, upon
9the adoption of the resolution, elect or appoint its own school
10treasurer as provided in Section 8-1 of this Code and give
11written notice of the same to the township treasurer.
12Commencing with the first day of the next fiscal year following
13adoption of the resolution and giving written notice but not
14prior to July 1, 2016: (1) the trustees of schools in the
15township shall no longer have or exercise any powers or duties
16with respect to the school district or with respect to the
17school business, operations, or assets of the school district;
18(2) all books and records of the trustees of schools and all



09900HB2416sam001- 2 -LRB099 09149 SXM 36346 a

1moneys, securities, loanable funds, and other assets in the
2custody of the township treasurer and determined by the
3township treasurer to be relating to the school business and
4affairs of the school district, except as noted in this
5paragraph, shall be transferred and delivered to the school
6board; and (3) all legal title to and all right, title, and
7interest formerly held by the trustees of schools in any common
8school lands, school buildings, or school sites used and
9occupied by the school board and all rights of property and
10causes of action pertaining to or constituting a part of the
11common school lands, buildings, or sites shall be deemed
12transferred by operation of law to and shall vest in the school
13board. The changes made to this Section by this amendatory Act
14of the 99th General Assembly are prospective only, starting
15from the effective date of this amendatory Act of the 99th
16General Assembly, and shall not affect any legal action pending
17on the effective date of this amendatory Act of the 99th
18General Assembly in the Illinois courts in which Lyons Township
19High School District 204 is a listed party. On the last day of
20the fiscal year in which the required notice is provided, the
21township treasurer shall, before transfer of the contents
22listed under item (2) of this paragraph, set aside from those
23contents and hold as a separate fund the sum of $6,500,000.
24This fund shall be held and applied against: (a) the claims set
25forth in the case of Township Trustees of Schools Township 38
26North, Range 12 East v. Lyons Township High School District No.



09900HB2416sam001- 3 -LRB099 09149 SXM 36346 a

1204 case N. 13 CH 23386 pending in the Circuit Court of Cook
2County, Illinois, County Department, Chancery Division; (b)
3any unpaid pro-rata share of expenses of the township
4treasurer's office and the township treasurer's compensation
5incurred subsequent to the litigation referenced in item (a)
6which is properly allocable to and owed by Lyons Township High
7School District 204; (c) the expenses related to any
8terminations or early retirement of staff from the township
9treasurer's office which result from this amendatory Act of the
1099th General Assembly as determined by the township treasurer;
11and (d) the expenses of liquidating assets in order to make the
12payment under item (2) of this paragraph as determined by the
13township treasurer. The pro-rata share assigned to Lyons
14Township High School District 204, prior to the transfer
15contemplated in item (2) of this paragraph, shall be the
16percentage as determined under Section 8-5 of the Code;
17subsequent to that date, it shall be 25%. Any funds remaining
18after application of items (a) through (d) will be paid over to
19the school treasurer of Lyons Township High School District
20204. For a period of 20 years after the effective date of this
21amendatory Act of the 99th General Assembly, Lyons Township
22High School District 204 shall not provide any services
23provided by the township treasurer's office to any other school
24district or educational agency if the township treasurer's
25office has not ceased providing those services to any other
26school district or educational agency."; and



09900HB2416sam001- 4 -LRB099 09149 SXM 36346 a

1on page 6, by deleting lines 1 through 14.