Public Act 096-0538
 
HB0325 Enrolled LRB096 03557 NHT 13582 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
8-1 and 10-10 as follows:
 
    (105 ILCS 5/8-1)  (from Ch. 122, par. 8-1)
    Sec. 8-1. Treasurers.
    (a) Except as otherwise provided in subsections (b) and
(c), in Class II county school units the trustees of schools
shall appoint a treasurer who shall be ex-officio clerk of the
board. The term of the township treasurer shall be for a 2 year
period beginning and ending on the first of July. The treasurer
shall be a resident of the township, but not a trustee, or
school board member. He shall attend all meetings and keep a
record of the official proceedings of the trustees of schools.
Such record shall be open to public inspection. All
proceedings, when recorded, shall be signed by the president
and the clerk. If the clerk is absent, or refuses to perform
any of his duties, a clerk pro tempore may be appointed. For
sufficient cause the treasurer may be removed from office by
the trustees of schools. In case of a vacancy the trustees of
schools shall elect a treasurer for the unexpired term.
    (b) In Class I county school units, and in each school
district which forms a part of a Class II county school unit
but which has withdrawn from the jurisdiction and authority of
the trustees of schools of the township in which such school
district is located and from the jurisdiction and authority of
the township treasurer in such Class II county school unit as
provided in subsection (b) of Section 5-1, each school board
shall either elect one of its members to serve as treasurer
without salary for a period of one year or appoint someone, not
a member of the school board, as its treasurer, and, except as
provided in this Section the board shall fix his compensation.
An appointed treasurer shall serve at the pleasure of the
board. An appointed treasurer shall be at least 21 years of
age, of approved integrity, but not a member of the county
board of school trustees. The records of the treasurer shall be
open to public inspection. Two or more such districts may
appoint the same treasurer. In case of a vacancy caused by the
death, resignation or the removal from office of the school
treasurer the school board shall appoint a treasurer. The
school board may determine the temporary incapacity of its
treasurer occasioned by illness, absence from the district or
any other cause which prevents the prompt performance of his
duties and appoint an acting treasurer to serve until the board
determines such temporary incapacity no longer exists.
    (c) The school board of each elementary school, high school
and unit school district that forms a part of a Class II county
school unit and that was under the jurisdiction and authority
of the township treasurer and trustees of schools of a township
at the time those offices were abolished in that township as
provided in subsection (c) of Section 5-1 shall appoint a
person to serve as treasurer of the school board. The term of
each school treasurer appointed under this subsection shall be
for a 2 year period beginning and ending on the first day of
July. A person appointed under this subsection to serve as
treasurer of a school board shall not be either a member of the
school board or the superintendent of schools of the school
district. A person appointed and serving under this subsection
as treasurer of a school board may concurrently serve as the
treasurer of the regional board of school trustees, if selected
to serve in that capacity by the regional board of school
trustees, as provided in subsection (c) of Section 5-1. The
school board shall fix the compensation of its school
treasurer, and for sufficient cause may remove the school
treasurer from office. However, if a member of the school board
is also school treasurer, he or she shall perform his or her
duties as school treasurer without compensation. In the case of
a vacancy, the school board shall appoint a school treasurer
for the unexpired term. The school board may determine the
temporary incapacity of its treasurer due to illness, absence
from the district, or other cause that prevents the prompt
performance of his duties and may appoint an acting treasurer
to serve until the school board determines that the temporary
incapacity of its treasurer no longer exists.
    (d) After October 1, 1977, each treasurer in a Class I
county school unit appointed under this Section for his first
term shall have a financial background or related experience or
12 semester hours of credit of college level accounting.
    (e) After August 14, 1989, any treasurer appointed under
this Section for his first term in Class II county school
units, including any person appointed by a school board to
serve as its treasurer as provided in subsection (c) of this
Section, shall be a certified public accountant or a certified
chief school business official as defined in part (3) of
Section 21-7.3 of this Act. Experience as a township treasurer
in a Class II county school unit prior to July 1, 1989 shall be
deemed the equivalent of certification.
    (f) Concurrently with the election or appointment of its
own school treasurer by the school board of a school district
which forms a part of a Class II county school unit but which
no longer is subject to the jurisdiction and authority of a
township treasurer or trustees of schools of a township because
the district has withdrawn from the jurisdiction and authority
of the township treasurer and trustees of schools of the
township or because those offices have been abolished as
provided in subsection (b) or (c) of Section 5-1, all funds,
accounts, moneys, notes, bonds, mortgages and effects then held
by such township treasurer on behalf or for the use and benefit
of, or then credited by such township treasurer to any fund or
account of such school district shall thereupon be transferred
and paid over by such township treasurer to the school
treasurer elected or appointed by the school board of such
school district. In addition the school treasurer of such
school district shall have the right, at all reasonable times,
to inspect all cash books, loan books, district account books
and journals kept by such township treasurer as provided in
Section 8-5 and to copy or otherwise reproduce such portions
thereof as such school treasurer deems necessary for the
performance of his duties.
    (g) Upon the abolition of the offices of the township
treasurer and trustee of schools of a township as provided in
subsection (c) of Section 5-1, and subject to the limitation of
subsection (b) of Section 8-5 with respect to certain records
to be surrendered to the regional board of school trustees, and
except as otherwise provided in subsection (c) of Section 5-1
with respect to the common school lands and township loanable
funds of that township and with respect to the records, books
and accounts relating to those common school lands and township
loanable funds, all school funds and accounts, moneys, notes,
bonds, securities, district account books and other documents,
records and effects then held by the former township treasurer
on behalf or for the use and benefit of, or then credited by
the former township treasurer to any fund or account of any
school district that was under the jurisdiction and authority
of the township treasurer at the time the office of that
township treasurer was abolished shall thereupon be
transferred and paid over by the former township treasurer to
the appropriate school treasurer appointed by the school board
of each such district under subsection (c) of this Section 8-1.
    (h) If the school district of a school treasurer elected or
appointed under this Section is receiving emergency State
financial assistance under Article 1B, that school treasurer is
subject to the provisions of Article 1B.
(Source: P.A. 89-618, eff. 8-9-96.)
 
    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
    Sec. 10-10. Board of education; Term; Vacancy. All school
districts having a population of not fewer than 1,000 and not
more than 500,000 inhabitants, as ascertained by any special or
general census, and not governed by special Acts, shall be
governed by a board of education consisting of 7 members,
serving without compensation except as herein provided. Each
member shall be elected for a term of 4 years for the initial
members of the board of education of a combined school district
to which that subsection applies. If 5 members are elected in
1983 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the
general election law, 2 of those members shall be elected to
serve terms of 2 years and 3 shall be elected to serve terms of
4 years; their successors shall serve for a 4 year term. When
the voters of a district have voted to elect members of the
board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education
of that district expire when their successors assume office but
not later than 7 days after such election. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 2 members are
elected, they shall serve for a 6 year term; and of the members
elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. If at the regular school election held in the first
odd-numbered year after the determination to elect members for
6 year terms 3 members are elected, they shall serve for a 6
year term; and of the members elected at the next regular
school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such
districts shall be elected to a 6 year term. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 4 members are
elected, 3 shall serve for a term of 6 years and one shall
serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years
and 2 shall serve for terms of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If
at the regular school election held in the first odd-numbered
year after the determination to elect members for a 6 year term
5 members are elected, 3 shall serve for a term of 6 years and 2
shall serve for a term of 2 years; and of the members elected
at the next regular school election 2 shall serve for terms of
6 years and 2 shall serve for terms of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. An election for board members shall not be held in school
districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after
the election date, and the term of all board members which
would otherwise terminate shall be continued until such
district shall cease to exist. Each member, on the date of his
or her election, shall be a citizen of the United States of the
age of 18 years or over, shall be a resident of the State and
the territory of the district for at least one year immediately
preceding his or her election, shall be a registered voter as
provided in the general election law, shall not be a school
trustee or a school treasurer, and shall not be a child sex
offender as defined in Section 11-9.3 of the Criminal Code of
1961. When the board of education is the successor of the
school directors, all rights of property, and all rights
regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the
school directors. Terms of members are subject to Section 2A-54
of the Election Code.
    Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary of
the board of education or with a person designated by the board
to receive nominating petitions a receipt from the county clerk
showing that the candidate has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law.
    Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the vacancy
until the next regular school election, at which election a
successor shall be elected to serve the remainder of the
unexpired term. However, if the vacancy occurs with less than
868 days remaining in the term, or if the vacancy occurs less
than 88 days before the next regularly scheduled election for
this office then the person so appointed shall serve the
remainder of the unexpired term, and no election to fill the
vacancy shall be held. Should they fail so to act, within 45
days after the vacancy occurs, the regional superintendent of
schools under whose supervision and control the district is
operating, as defined in Section 3-14.2 of this Act, shall
within 30 days after the remaining members have failed to fill
the vacancy, fill the vacancy as provided for herein. Upon the
regional superintendent's failure to fill the vacancy, the
vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members
or regional superintendent, the successor shall be an
inhabitant of the particular area from which his or her
predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
    A board of education may appoint a student to the board to
serve in an advisory capacity. The student member shall serve
for a term as determined by the board. The board may not grant
the student member any voting privileges, but shall consider
the student member as an advisor. The student member may not
participate in or attend any executive session of the board.
(Source: P.A. 93-309, eff. 1-1-04; 94-231, eff. 7-14-05;
94-1019, eff. 7-10-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009