Illinois General Assembly - Full Text of HB3523
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Full Text of HB3523  103rd General Assembly

HB3523enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB3523 EnrolledLRB103 29974 RJT 56393 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
58-2 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
8duties, each school treasurer shall execute a bond with 2 or
9more persons having an interest in real estate who are not
10trustees, or a surety company authorized to do business in
11this State, as sureties, payable to the township trustees of
12schools in Class II county school units and to the school board
13of each district for which he or she is treasurer or its
14successors in office in Class I county school units and
15conditioned upon the faithful discharge of his or her duties,
16except that the bond required of the school treasurer of a
17school district which is located in a Class II county school
18unit but which no longer is subject to the jurisdiction and
19authority of a township treasurer or trustees of schools of a
20township because the district has withdrawn from the
21jurisdiction and authority of the township treasurer and
22trustees of schools of the township or because those offices
23have been abolished as provided in subsection (b) or (c) of

 

 

HB3523 Enrolled- 2 -LRB103 29974 RJT 56393 b

1Section 5-1 shall be payable to the school board of each
2district for which he or she is treasurer or its successor in
3office and conditioned upon the faithful discharge of his or
4her duties. The penalty of the bond shall be determined by the
5school board in an amount no less than 10% 25% of the amount of
6all bonds, notes, mortgages, moneys and effects of which he is
7to have the custody as measured on the final day of the school
8district's most recent fiscal year , whether individuals act as
9sureties or whether the surety given is by a surety company
10authorized to do business in this State, and shall be
11increased or decreased from time to time, as the increase or
12decrease of the amount of notes, bonds, mortgages, moneys and
13effects may require, and whenever in the judgment of the
14regional superintendent of schools, or whenever in the
15judgment of the township trustees or the school board of the
16district by which the school treasurer was appointed or
17elected, the penalty of the bond should be increased or
18decreased; provided that the penalty of the bond shall not be
19increased to more than 25% of the amount of all bonds, notes,
20mortgages, moneys and effects of which the treasurer has
21custody at any time. The bond of the township treasurer shall
22be approved by at least a majority of the township trustees in
23Class II county school units; provided that in those school
24districts that are located in a Class II county school unit but
25are no longer subject to the jurisdiction and authority of a
26township treasurer and trustees of schools of a township

 

 

HB3523 Enrolled- 3 -LRB103 29974 RJT 56393 b

1(because the districts have withdrawn from the jurisdiction
2and authority of the township treasurer and trustees of
3schools of the township or because those offices have been
4abolished as provided in subsection (b) or (c) of Section 5-1)
5and in Class I county school units, the bond shall be approved
6by at least a majority of the members of the school board; and
7in all cases the bond shall be filed with the regional
8superintendent of schools who shall file with the State Board
9of Education before September 1 in each year an affidavit
10showing which treasurers of school districts under his
11supervision and control are properly bonded. The bond shall be
12in the following form:
13STATE OF ILLINOIS
14.......... COUNTY
15    We, AB, CD and EF, are obligated, jointly and severally,
16to the (School Board of District No. ...., or trustees of
17township .... range ....) in the above mentioned county or
18successors in office, in the penal sum of $...., for the
19payment of which we bind ourselves, our heirs, executors and
20administrators.
21    Dated (insert date).
22    The condition of this obligation is such that if AB,
23school treasurer in the above stated county, faithfully
24discharges the duties of his or her office, according to law,
25and delivers to his or her successor in office, after such
26successor has qualified by giving bond as provided by law, all

 

 

HB3523 Enrolled- 4 -LRB103 29974 RJT 56393 b

1moneys, books, papers, securities and control, which have come
2into his or her possession or control, as such school
3treasurer, from the date of his or her bond to the time that
4his or her successor has qualified as school treasurer, by
5giving such bond as required by law, then this obligation to be
6void; 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
21any school treasurer or other persons authorized to receive it
22unless such treasurer has filed his or her bond, or if
23reelected, has renewed his or her bond and filed it as required
24by law.
25(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

HB3523 Enrolled- 5 -LRB103 29974 RJT 56393 b

1    (105 ILCS 5/19-6)  (from Ch. 122, par. 19-6)
2    Sec. 19-6. Bond money to school treasurer - Delivery of
3bonds - Record - Payment. All moneys borrowed under the
4authority of this Act, except money borrowed by school
5districts having a population of more than 500,000
6inhabitants, shall be paid to the school treasurer of the
7district. The treasurer shall, before receiving any of the
8money, execute a bond with two or more persons having an
9interest in real estate, who shall not be trustees, or a surety
10company authorized to do business in this State, as surety,
11payable to the school board of the district in Class I county
12school units or township trustees in Class II county school
13units and conditioned upon the faithful discharge of his
14duties, except that the bond required of the school treasurer
15of a school district which is located in a Class II county
16school unit but which no longer is subject to the jurisdiction
17and authority of a township treasurer or trustees of schools
18of a township because the district has withdrawn from the
19jurisdiction and authority of the township treasurer and
20trustees of schools of the township or because those offices
21have been abolished as provided in subsection (b) or (c) of
22Section 5-1 shall be payable to the school board of such
23district and conditioned upon the faithful discharge of his
24duties. The bond shall be submitted for approval or rejection
25to the school board of the district or to the township trustees
26to which such bond is payable. The penalty of the bond or bonds

 

 

HB3523 Enrolled- 6 -LRB103 29974 RJT 56393 b

1shall be an amount no less than 10% 25% of the amount of such
2bond issue, whether individuals act as surety or whether the
3surety is given by a surety company authorized to transact
4business in this State. The bond shall be in substantially the
5same form as that required by Section 8-2 of this Act and when
6so given shall fully describe the bond issue which it
7specifically covers and shall remain in force until the funds
8of the bond issue are taken into account in determining the
9penalty amount for the surety bond required by Section 8-2 of
10this Code fully disbursed in accordance with the law. Upon
11receiving such moneys the treasurer shall deliver the bonds
12issued therefor to the persons entitled to receive them, and
13shall credit the funds received to the district issuing the
14bonds. The treasurer shall record the amount received for each
15bond issued. When any bonds are paid the treasurer shall
16cancel them and shall enter, against the record of the bonds,
17the words, "paid and cancelled the .... day of ...., 1 ....,"
18filling the blanks with the day, month, and year corresponding
19to the date of payment.
20(Source: P.A. 89-212, eff. 8-4-95.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.