Full Text of HB3523 103rd General Assembly
HB3523enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 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 Sections | 5 | | 8-2 and 19-6 as follows:
| 6 | | (105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
| 7 | | Sec. 8-2. Bond of treasurer. Before entering upon his | 8 | | duties, each school
treasurer shall execute a bond with 2 or | 9 | | more persons having an interest
in real estate who are not | 10 | | trustees, or a surety company authorized to do
business in | 11 | | this State, as sureties, payable to the township trustees of
| 12 | | schools in Class II county school units and to the school board | 13 | | of each
district for which he or she is treasurer or its | 14 | | successors in office in
Class I county school units and | 15 | | conditioned upon the faithful discharge of
his or her duties, | 16 | | except that the bond required of the school treasurer of
a | 17 | | school district which is located in a Class II county school | 18 | | unit but
which no longer is subject to the jurisdiction and | 19 | | authority of a township
treasurer or trustees of schools of a | 20 | | township because the district has
withdrawn from the | 21 | | jurisdiction and authority of the township treasurer and
| 22 | | trustees of schools of the township or because those offices | 23 | | have been
abolished as provided in subsection (b) or (c) of |
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| 1 | | Section 5-1 shall be
payable to the school board of each | 2 | | district for which he or she is
treasurer or its successor in | 3 | | office and conditioned upon the faithful
discharge of his or | 4 | | her duties. The penalty of the bond shall be determined by the | 5 | | school board in an amount no less than 10% 25%
of the amount of | 6 | | all bonds, notes, mortgages, moneys and effects of
which he is | 7 | | to have the custody as measured on the final day of the school | 8 | | district's most recent fiscal year , whether individuals act as
| 9 | | sureties or whether the
surety given is by a surety company | 10 | | authorized to do business in this
State, and shall be | 11 | | increased or decreased from time to time, as the
increase or | 12 | | decrease of the amount of notes, bonds, mortgages, moneys and
| 13 | | effects may require, and whenever in the judgment of the | 14 | | regional
superintendent of schools, or whenever in the | 15 | | judgment of the township
trustees or the school board of the | 16 | | district by which the school treasurer
was appointed or | 17 | | elected, the penalty of the bond should be increased or
| 18 | | decreased; provided that the penalty of the bond shall not be | 19 | | increased to
more than 25% of the amount of all bonds, notes, | 20 | | mortgages, moneys and effects
of which the treasurer has | 21 | | custody at any time . The bond of the township
treasurer shall | 22 | | be approved by at least
a majority of the township trustees in | 23 | | Class II county school units;
provided that in those school | 24 | | districts that are located in a Class II
county school unit but | 25 | | are no longer subject to the jurisdiction and
authority of a | 26 | | township treasurer and trustees of schools of a township
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| 1 | | (because the districts have withdrawn from the jurisdiction | 2 | | and authority
of the township treasurer and trustees of | 3 | | schools of the township or
because those offices have been | 4 | | abolished as provided in subsection (b) or
(c) of Section 5-1) | 5 | | and in Class I county school units, the bond shall be
approved | 6 | | by at least a majority of the members of the school board; and | 7 | | in
all cases the bond shall be filed with the regional | 8 | | superintendent of
schools who shall file with the State Board | 9 | | of Education before September 1
in each year an affidavit | 10 | | showing which treasurers of school districts
under his | 11 | | supervision and control are properly bonded. The bond shall be | 12 | | in
the following form:
| 13 | | STATE OF ILLINOIS
| 14 | | .......... COUNTY
| 15 | | We, AB, CD and EF, are obligated, jointly and severally, | 16 | | to the
(School Board of District No. ...., or trustees of | 17 | | township .... range ....)
in the above mentioned county or | 18 | | successors in office, in the penal sum of
$...., for the | 19 | | payment of which we bind ourselves, our heirs, executors and
| 20 | | administrators.
| 21 | | Dated (insert date).
| 22 | | The condition of this obligation is such that if
AB, | 23 | | school treasurer in the above stated county, faithfully | 24 | | discharges
the duties of his or her office, according to law, | 25 | | and delivers to his or her
successor in office, after such | 26 | | successor has qualified by giving
bond as provided by law, all |
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| 1 | | moneys, books, papers, securities and control,
which have come | 2 | | into his or her possession or control, as such school
| 3 | | treasurer, from the date of his or her bond to the time that | 4 | | his or her
successor has qualified as school treasurer, by | 5 | | giving such bond as
required by law, then this obligation to be | 6 | | void; otherwise to remain
in full force and effect.
| 7 | | Approved and accepted by:
| 8 | | A.... B.... (Signature)
| 9 | | C.... D.... (Signature)
| 10 | | E.... F.... (Signature)
| 11 | | G.... H.... (Signature)
| 12 | | I.... J.... (Signature)
| 13 | | K.... L.... (Signature)
| 14 | | (Board of Education or Board of
| 15 | | Directors of District No. .....
| 16 | | By ....
| 17 | | President Secretary or Clerk
| 18 | | or ....
| 19 | | .... Township Trustees)
| 20 | | No part of the State or other school fund shall be paid to | 21 | | any school
treasurer or other persons authorized to receive it | 22 | | unless such
treasurer has filed his or her bond, or if | 23 | | reelected, has renewed his or her
bond and filed it as required | 24 | | by law.
| 25 | | (Source: P.A. 91-357, eff. 7-29-99.)
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| 1 | | (105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
| 2 | | Sec. 19-6.
Bond money to school treasurer - Delivery of | 3 | | bonds - Record -
Payment. All moneys borrowed under the | 4 | | authority of this Act, except money
borrowed by school | 5 | | districts having a population of more than 500,000
| 6 | | inhabitants, shall be paid to the school treasurer of the | 7 | | district. The
treasurer shall, before receiving any of the | 8 | | money, execute a bond with
two or more persons having an | 9 | | interest in real estate, who shall not be
trustees, or a surety | 10 | | company authorized to do business in this State, as
surety, | 11 | | payable to the school board of the district in Class I county
| 12 | | school units or township trustees in Class II county school | 13 | | units and
conditioned upon the faithful discharge of his | 14 | | duties, except that the bond
required of the school treasurer | 15 | | of a school district which is located in a
Class II county | 16 | | school unit but which no longer is subject to the
jurisdiction | 17 | | and authority of a township treasurer or trustees of schools
| 18 | | of a township because the district has withdrawn from the | 19 | | jurisdiction and
authority of the township treasurer and | 20 | | trustees of schools of the township
or because those offices | 21 | | have been abolished as provided in subsection (b)
or (c) of | 22 | | Section 5-1 shall be payable to the school board of such | 23 | | district
and conditioned upon the faithful discharge of his | 24 | | duties. The bond shall
be submitted for approval or rejection | 25 | | to the school board of the district
or to the township trustees | 26 | | to which such bond is payable. The penalty of
the bond or bonds |
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| 1 | | shall be an amount no less than 10% 25% of the amount of such
| 2 | | bond issue, whether
individuals act as surety or whether the
| 3 | | surety is given by a surety company authorized to transact | 4 | | business in this
State. The bond shall be in substantially the | 5 | | same form as that required by
Section 8-2 of this Act and when | 6 | | so given shall fully describe the bond
issue which it | 7 | | specifically covers and shall remain in force until the
funds | 8 | | of the bond issue are taken into account in determining the | 9 | | penalty amount for the surety bond required by Section 8-2 of | 10 | | this Code fully disbursed in accordance with the law .
Upon | 11 | | receiving such moneys the treasurer shall deliver the bonds | 12 | | issued
therefor to the persons entitled to receive them, and | 13 | | shall credit the
funds received to the district issuing the | 14 | | bonds. The treasurer shall
record the amount received for each | 15 | | bond issued. When any bonds are paid
the treasurer shall | 16 | | cancel them and shall enter, against the record of the
bonds, | 17 | | the words, "paid and cancelled the .... day of ...., 1 ....,"
| 18 | | filling the blanks with the day, month, and year corresponding | 19 | | to the date
of payment.
| 20 | | (Source: P.A. 89-212, eff. 8-4-95.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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