093_HB3544

 
                                     LRB093 11073 NHT 11780 b

 1        AN ACT regarding schools.

 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
 5    Section 8-1 as follows:

 6        (105 ILCS 5/8-1) (from Ch. 122, par. 8-1)
 7        Sec. 8-1. Treasurers.
 8        (a)  Except as otherwise provided in subsections (b)  and
 9    (c),  in  a  township  with more than 2 schools in a Class II
10    county school unit,  units  the  trustees  of  schools  shall
11    appoint  a  treasurer  who  shall  be ex-officio clerk of the
12    board. The term of the township  treasurer  shall  be  for  a
13    2-year  2  year  period  beginning and ending on the first of
14    July. The treasurer shall be a resident of the township,  but
15    not  a  trustee,  or school board member. He shall attend all
16    meetings and keep a record of the official proceedings of the
17    trustees of schools. Such record  shall  be  open  to  public
18    inspection.  All  proceedings, when recorded, shall be signed
19    by the president and the clerk. If the clerk  is  absent,  or
20    refuses to perform any of his duties, a clerk pro tempore may
21    be  appointed.  For  sufficient  cause  the  treasurer may be
22    removed from office by the trustees of schools. In case of  a
23    vacancy  the  trustees of schools shall elect a treasurer for
24    the unexpired term.
25        (b)  In Class I county school units, in a township with 2
26    or fewer schools in a Class II county  school  unit,  and  in
27    each  school district which forms a part of a Class II county
28    school unit but which has withdrawn from the jurisdiction and
29    authority of the trustees of schools of the township in which
30    such school district is located and from the jurisdiction and
31    authority of the township treasurer in such Class  II  county
 
                            -2-      LRB093 11073 NHT 11780 b
 1    school unit as provided in subsection (b) of Section 5-1, the
 2    each  school  board  shall either elect one of its members to
 3    serve as treasurer without salary for a period of one year or
 4    appoint someone, not a member of the  school  board,  as  its
 5    treasurer,  and, except as provided in this Section the board
 6    shall fix his  compensation.  An  appointed  treasurer  shall
 7    serve  at  the  pleasure of the board. An appointed treasurer
 8    shall be at least 21 years of age, of approved integrity, but
 9    not a member of the county  board  of  school  trustees.  The
10    records  of the treasurer shall be open to public inspection.
11    Two or more such districts may appoint the same treasurer. In
12    case of a vacancy caused by the  death,  resignation  or  the
13    removal  from office of the school treasurer the school board
14    shall appoint a treasurer. The school   board  may  determine
15    the  temporary  incapacity  of  its  treasurer  occasioned by
16    illness, absence from the district or any other  cause  which
17    prevents  the prompt performance of his duties and appoint an
18    acting treasurer to serve until  the  board  determines  such
19    temporary incapacity no longer exists.
20        (c)  The  school  board  of  each elementary school, high
21    school and unit school district that forms a part of a  Class
22    II county school unit and that was under the jurisdiction and
23    authority  of  the township treasurer and trustees of schools
24    of a township at the time those  offices  were  abolished  in
25    that  township  as  provided in subsection (c) of Section 5-1
26    shall appoint a person to serve as treasurer  of  the  school
27    board.   The  term  of  each school treasurer appointed under
28    this subsection shall be for a 2 year  period  beginning  and
29    ending  on  the  first day of July.  A person appointed under
30    this subsection to serve as treasurer of a school board shall
31    not  be  either  a  member  of  the  school  board   or   the
32    superintendent  of  schools of the school district.  A person
33    appointed and serving under this subsection as treasurer of a
34    school board may concurrently serve as the treasurer  of  the
 
                            -3-      LRB093 11073 NHT 11780 b
 1    regional  board  of  school trustees, if selected to serve in
 2    that capacity by the regional board of  school  trustees,  as
 3    provided  in subsection (c) of Section 5-1.  The school board
 4    shall fix the compensation of its school treasurer,  and  for
 5    sufficient cause may remove the school treasurer from office.
 6    In  the  case  of a vacancy, the school board shall appoint a
 7    school treasurer for the unexpired term.   The  school  board
 8    may  determine  the temporary incapacity of its treasurer due
 9    to illness, absence from the district, or  other  cause  that
10    prevents the prompt performance of his duties and may appoint
11    an   acting   treasurer  to  serve  until  the  school  board
12    determines that the temporary incapacity of its treasurer  no
13    longer exists.
14        (d)  After  October  1, 1977, each treasurer in a Class I
15    county school unit appointed under this Section for his first
16    term shall have a financial background or related  experience
17    or 12 semester hours of credit of college level accounting.
18        (e)  After August 14, 1989, any treasurer appointed under
19    this  Section  for  his  first term in Class II county school
20    units, including any person appointed by a  school  board  to
21    serve  as its treasurer as provided in subsection (c) of this
22    Section,  shall  be  a  certified  public  accountant  or   a
23    certified  chief  school business official as defined in part
24    (3) of Section 21-7.3 of this Act. Experience as  a  township
25    treasurer  in  a Class II county school unit prior to July 1,
26    1989 shall be deemed the equivalent of certification.
27        (f)  Concurrently with the election or appointment of its
28    own school treasurer by the school board of a school district
29    which forms a part of a Class II county school unit but which
30    no longer is subject to the jurisdiction and authority  of  a
31    township  treasurer  or  trustees  of  schools  of a township
32    because the district has withdrawn from the jurisdiction  and
33    authority  of  the township treasurer and trustees of schools
34    of the township or because those offices have been  abolished
 
                            -4-      LRB093 11073 NHT 11780 b
 1    as  provided  in  subsection  (b)  or (c) of Section 5-1, all
 2    funds, accounts, moneys, notes, bonds, mortgages and  effects
 3    then held by such township treasurer on behalf or for the use
 4    and  benefit  of, or then credited by such township treasurer
 5    to  any  fund  or  account  of  such  school  district  shall
 6    thereupon be transferred  and  paid  over  by  such  township
 7    treasurer to the school treasurer elected or appointed by the
 8    school board of such school district.  In addition the school
 9    treasurer  of  such  school district shall have the right, at
10    all reasonable times, to inspect all cash books, loan  books,
11    district  account  books  and  journals kept by such township
12    treasurer as provided in Section 8-5 and to copy or otherwise
13    reproduce such portions  thereof  as  such  school  treasurer
14    deems necessary for the performance of his duties.
15        (g)  Upon  the  abolition  of the offices of the township
16    treasurer and trustee of schools of a township as provided in
17    subsection (c) of Section 5-1, and subject to the  limitation
18    of  subsection  (b)  of  Section  8-5 with respect to certain
19    records to be surrendered to the  regional  board  of  school
20    trustees,  and except as otherwise provided in subsection (c)
21    of Section 5-1 with respect to the common  school  lands  and
22    township  loanable funds of that township and with respect to
23    the records, books and  accounts  relating  to  those  common
24    school  lands  and  township loanable funds, all school funds
25    and accounts,  moneys,  notes,  bonds,  securities,  district
26    account  books  and other documents, records and effects then
27    held by the former township treasurer on behalf  or  for  the
28    use  and  benefit of, or then credited by the former township
29    treasurer to any fund or account of any school district  that
30    was  under  the  jurisdiction  and  authority of the township
31    treasurer at the time the office of that  township  treasurer
32    was abolished shall thereupon be transferred and paid over by
33    the  former  township  treasurer  to  the  appropriate school
34    treasurer appointed by the school board of each such district
 
                            -5-      LRB093 11073 NHT 11780 b
 1    under subsection (c) of this Section 8-1.
 2        (h)  If the school district of a school treasurer elected
 3    or appointed under this Section is receiving emergency  State
 4    financial  assistance under Article 1B, that school treasurer
 5    is subject to the provisions of Article 1B.
 6    (Source: P.A. 89-618, eff. 8-9-96.)

 7        Section 99.  Effective date.  This Act  takes  effect  on
 8    July 1, 2003.