Full Text of HB2416 99th General Assembly
HB2416sam001 99TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 5/28/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2416
| 2 | | AMENDMENT NO. ______. Amend House Bill 2416 on page 5, by | 3 | | replacing lines 10 through 26 with the following: | 4 | | " Notwithstanding subsections (a) and (c) of this Section, | 5 | | the school board of Lyons Township High School District 204 | 6 | | may, by resolution, withdraw from the jurisdiction and | 7 | | authority of the trustees of schools of Lyons Township and the | 8 | | township treasurer, provided that the school board shall, upon | 9 | | the adoption of the resolution, elect or appoint its own school | 10 | | treasurer as provided in Section 8-1 of this Code and give | 11 | | written notice of the same to the township treasurer. | 12 | | Commencing with the first day of the next fiscal year following | 13 | | adoption of the resolution and giving written notice but not | 14 | | prior to July 1, 2016: (1) the trustees of schools in the | 15 | | township shall no longer have or exercise any powers or duties | 16 | | with respect to the school district or with respect to the | 17 | | school business, operations, or assets of the school district; | 18 | | (2) all books and records of the trustees of schools and all |
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| 1 | | moneys, securities, loanable funds, and other assets in the | 2 | | custody of the township treasurer and determined by the | 3 | | township treasurer to be relating to the school business and | 4 | | affairs of the school district, except as noted in this | 5 | | paragraph, shall be transferred and delivered to the school | 6 | | board; and (3) all legal title to and all right, title, and | 7 | | interest formerly held by the trustees of schools in any common | 8 | | school lands, school buildings, or school sites used and | 9 | | occupied by the school board and all rights of property and | 10 | | causes of action pertaining to or constituting a part of the | 11 | | common school lands, buildings, or sites shall be deemed | 12 | | transferred by operation of law to and shall vest in the school | 13 | | board. The changes made to this Section by this amendatory Act | 14 | | of the 99th General Assembly are prospective only, starting | 15 | | from the effective date of this amendatory Act of the 99th | 16 | | General Assembly, and shall not affect any legal action pending | 17 | | on the effective date of this amendatory Act of the 99th | 18 | | General Assembly in the Illinois courts in which Lyons Township | 19 | | High School District 204 is a listed party. On the last day of | 20 | | the fiscal year in which the required notice is provided, the | 21 | | township treasurer shall, before transfer of the contents | 22 | | listed under item (2) of this paragraph, set aside from those | 23 | | contents and hold as a separate fund the sum of $6,500,000. | 24 | | This fund shall be held and applied against: (a) the claims set | 25 | | forth in the case of Township Trustees of Schools Township 38 | 26 | | North, Range 12 East v. Lyons Township High School District No. |
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| 1 | | 204 case N. 13 CH 23386 pending in the Circuit Court of Cook | 2 | | County, Illinois, County Department, Chancery Division; (b) | 3 | | any unpaid pro-rata share of expenses of the township | 4 | | treasurer's office and the township treasurer's compensation | 5 | | incurred subsequent to the litigation referenced in item (a) | 6 | | which is properly allocable to and owed by Lyons Township High | 7 | | School District 204; (c) the expenses related to any | 8 | | terminations or early retirement of staff from the township | 9 | | treasurer's office which result from this amendatory Act of the | 10 | | 99th General Assembly as determined by the township treasurer; | 11 | | and (d) the expenses of liquidating assets in order to make the | 12 | | payment under item (2) of this paragraph as determined by the | 13 | | township treasurer. The pro-rata share assigned to Lyons | 14 | | Township High School District 204, prior to the transfer | 15 | | contemplated in item (2) of this paragraph, shall be the | 16 | | percentage as determined under Section 8-5 of the Code; | 17 | | subsequent to that date, it shall be 25%. Any funds remaining | 18 | | after application of items (a) through (d) will be paid over to | 19 | | the school treasurer of Lyons Township High School District | 20 | | 204. For a period of 20 years after the effective date of this | 21 | | amendatory Act of the 99th General Assembly, Lyons Township | 22 | | High School District 204 shall not provide any services | 23 | | provided by the township treasurer's office to any other school | 24 | | district or educational agency if the township treasurer's | 25 | | office has not ceased providing those services to any other | 26 | | school district or educational agency. "; and
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| 1 | | on page 6, by deleting lines 1 through 14.
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