Illinois 2023-2024 Regular Session

Illinois House Bill HB3523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0049
2	1		HB3523 EnrolledLRB103 29974 RJT 56393 b HB3523 Enrolled LRB103 29974 RJT 56393 b
3	2		HB3523 Enrolled LRB103 29974 RJT 56393 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Sections
8		-	8-2 and 19-6 as follows:
9		-	(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
10		-	Sec. 8-2. Bond of treasurer. Before entering upon his
11		-	duties, each school treasurer shall execute a bond with 2 or
12		-	more persons having an interest in real estate who are not
13		-	trustees, or a surety company authorized to do business in
14		-	this State, as sureties, payable to the township trustees of
15		-	schools in Class II county school units and to the school board
16		-	of each district for which he or she is treasurer or its
17		-	successors in office in Class I county school units and
18		-	conditioned upon the faithful discharge of his or her duties,
19		-	except that the bond required of the school treasurer of a
20		-	school district which is located in a Class II county school
21		-	unit but which no longer is subject to the jurisdiction and
22		-	authority of a township treasurer or trustees of schools of a
23		-	township because the district has withdrawn from the
24		-	jurisdiction and authority of the township treasurer and
25		-	trustees of schools of the township or because those offices
26		-	have been abolished as provided in subsection (b) or (c) of
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Sections
	7	+	5 8-2 and 19-6 as follows:
	8	+	6 (105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
	9	+	7 Sec. 8-2. Bond of treasurer. Before entering upon his
	10	+	8 duties, each school treasurer shall execute a bond with 2 or
	11	+	9 more persons having an interest in real estate who are not
	12	+	10 trustees, or a surety company authorized to do business in
	13	+	11 this State, as sureties, payable to the township trustees of
	14	+	12 schools in Class II county school units and to the school board
	15	+	13 of each district for which he or she is treasurer or its
	16	+	14 successors in office in Class I county school units and
	17	+	15 conditioned upon the faithful discharge of his or her duties,
	18	+	16 except that the bond required of the school treasurer of a
	19	+	17 school district which is located in a Class II county school
	20	+	18 unit but which no longer is subject to the jurisdiction and
	21	+	19 authority of a township treasurer or trustees of schools of a
	22	+	20 township because the district has withdrawn from the
	23	+	21 jurisdiction and authority of the township treasurer and
	24	+	22 trustees of schools of the township or because those offices
	25	+	23 have been abolished as provided in subsection (b) or (c) of
27	26
28	27
29	28
30	29		HB3523 Enrolled LRB103 29974 RJT 56393 b
31	30
32	31
33		-	Section 5-1 shall be payable to the school board of each
34		-	district for which he or she is treasurer or its successor in
35		-	office and conditioned upon the faithful discharge of his or
36		-	her duties. The penalty of the bond shall be determined by the
37		-	school board in an amount no less than 10% 25% of the amount of
38		-	all bonds, notes, mortgages, moneys and effects of which he is
39		-	to have the custody as measured on the final day of the school
40		-	district's most recent fiscal year , whether individuals act as
41		-	sureties or whether the surety given is by a surety company
42		-	authorized to do business in this State, and shall be
43		-	increased or decreased from time to time, as the increase or
44		-	decrease of the amount of notes, bonds, mortgages, moneys and
45		-	effects may require, and whenever in the judgment of the
46		-	regional superintendent of schools, or whenever in the
47		-	judgment of the township trustees or the school board of the
48		-	district by which the school treasurer was appointed or
49		-	elected, the penalty of the bond should be increased or
50		-	decreased; provided that the penalty of the bond shall not be
51		-	increased to more than 25% of the amount of all bonds, notes,
52		-	mortgages, moneys and effects of which the treasurer has
53		-	custody at any time. The bond of the township treasurer shall
54		-	be approved by at least a majority of the township trustees in
55		-	Class II county school units; provided that in those school
56		-	districts that are located in a Class II county school unit but
57		-	are no longer subject to the jurisdiction and authority of a
58		-	township treasurer and trustees of schools of a township
	32	+	HB3523 Enrolled- 2 -LRB103 29974 RJT 56393 b HB3523 Enrolled - 2 - LRB103 29974 RJT 56393 b
	33	+	HB3523 Enrolled - 2 - LRB103 29974 RJT 56393 b
	34	+	1 Section 5-1 shall be payable to the school board of each
	35	+	2 district for which he or she is treasurer or its successor in
	36	+	3 office and conditioned upon the faithful discharge of his or
	37	+	4 her duties. The penalty of the bond shall be determined by the
	38	+	5 school board in an amount no less than 10% 25% of the amount of
	39	+	6 all bonds, notes, mortgages, moneys and effects of which he is
	40	+	7 to have the custody as measured on the final day of the school
	41	+	8 district's most recent fiscal year , whether individuals act as
	42	+	9 sureties or whether the surety given is by a surety company
	43	+	10 authorized to do business in this State, and shall be
	44	+	11 increased or decreased from time to time, as the increase or
	45	+	12 decrease of the amount of notes, bonds, mortgages, moneys and
	46	+	13 effects may require, and whenever in the judgment of the
	47	+	14 regional superintendent of schools, or whenever in the
	48	+	15 judgment of the township trustees or the school board of the
	49	+	16 district by which the school treasurer was appointed or
	50	+	17 elected, the penalty of the bond should be increased or
	51	+	18 decreased; provided that the penalty of the bond shall not be
	52	+	19 increased to more than 25% of the amount of all bonds, notes,
	53	+	20 mortgages, moneys and effects of which the treasurer has
	54	+	21 custody at any time. The bond of the township treasurer shall
	55	+	22 be approved by at least a majority of the township trustees in
	56	+	23 Class II county school units; provided that in those school
	57	+	24 districts that are located in a Class II county school unit but
	58	+	25 are no longer subject to the jurisdiction and authority of a
	59	+	26 township treasurer and trustees of schools of a township
59	60
60	61
61		-	(because the districts have withdrawn from the jurisdiction
62		-	and authority of the township treasurer and trustees of
63		-	schools of the township or because those offices have been
64		-	abolished as provided in subsection (b) or (c) of Section 5-1)
65		-	and in Class I county school units, the bond shall be approved
66		-	by at least a majority of the members of the school board; and
67		-	in all cases the bond shall be filed with the regional
68		-	superintendent of schools who shall file with the State Board
69		-	of Education before September 1 in each year an affidavit
70		-	showing which treasurers of school districts under his
71		-	supervision and control are properly bonded. The bond shall be
72		-	in the following form:
73		-	STATE OF ILLINOIS
74		-	.......... COUNTY
75		-	We, AB, CD and EF, are obligated, jointly and severally,
76		-	to the (School Board of District No. ...., or trustees of
77		-	township .... range ....) in the above mentioned county or
78		-	successors in office, in the penal sum of $...., for the
79		-	payment of which we bind ourselves, our heirs, executors and
80		-	administrators.
81		-	Dated (insert date).
82		-	The condition of this obligation is such that if AB,
83		-	school treasurer in the above stated county, faithfully
84		-	discharges the duties of his or her office, according to law,
85		-	and delivers to his or her successor in office, after such
86		-	successor has qualified by giving bond as provided by law, all
87	62
88	63
89		-	moneys, books, papers, securities and control, which have come
90		-	into his or her possession or control, as such school
91		-	treasurer, from the date of his or her bond to the time that
92		-	his or her successor has qualified as school treasurer, by
93		-	giving such bond as required by law, then this obligation to be
94		-	void; otherwise to remain in full force and effect.
95		-	Approved and accepted by:
96		-	A.... B.... (Signature)
97		-	C.... D.... (Signature)
98		-	E.... F.... (Signature)
99		-	G.... H.... (Signature)
100		-	I.... J.... (Signature)
101		-	K.... L.... (Signature)
102		-	(Board of Education or Board of
103		-	Directors of District No. .....
104		-	By ....
105		-	President Secretary or Clerk
106		-	or ....
107		-	.... Township Trustees)
108		-	No part of the State or other school fund shall be paid to
109		-	any school treasurer or other persons authorized to receive it
110		-	unless such treasurer has filed his or her bond, or if
111		-	reelected, has renewed his or her bond and filed it as required
112		-	by law.
113		-	(Source: P.A. 91-357, eff. 7-29-99.)
	64	+
	65	+	HB3523 Enrolled - 2 - LRB103 29974 RJT 56393 b
114	66
115	67
116		-	(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
117		-	Sec. 19-6. Bond money to school treasurer - Delivery of
118		-	bonds - Record - Payment. All moneys borrowed under the
119		-	authority of this Act, except money borrowed by school
120		-	districts having a population of more than 500,000
121		-	inhabitants, shall be paid to the school treasurer of the
122		-	district. The treasurer shall, before receiving any of the
123		-	money, execute a bond with two or more persons having an
124		-	interest in real estate, who shall not be trustees, or a surety
125		-	company authorized to do business in this State, as surety,
126		-	payable to the school board of the district in Class I county
127		-	school units or township trustees in Class II county school
128		-	units and conditioned upon the faithful discharge of his
129		-	duties, except that the bond required of the school treasurer
130		-	of a school district which is located in a Class II county
131		-	school unit but which no longer is subject to the jurisdiction
132		-	and authority of a township treasurer or trustees of schools
133		-	of a township because the district has withdrawn from the
134		-	jurisdiction and authority of the township treasurer and
135		-	trustees of schools of the township or because those offices
136		-	have been abolished as provided in subsection (b) or (c) of
137		-	Section 5-1 shall be payable to the school board of such
138		-	district and conditioned upon the faithful discharge of his
139		-	duties. The bond shall be submitted for approval or rejection
140		-	to the school board of the district or to the township trustees
141		-	to which such bond is payable. The penalty of the bond or bonds
	68	+	HB3523 Enrolled- 3 -LRB103 29974 RJT 56393 b HB3523 Enrolled - 3 - LRB103 29974 RJT 56393 b
	69	+	HB3523 Enrolled - 3 - LRB103 29974 RJT 56393 b
	70	+	1 (because the districts have withdrawn from the jurisdiction
	71	+	2 and authority of the township treasurer and trustees of
	72	+	3 schools of the township or because those offices have been
	73	+	4 abolished as provided in subsection (b) or (c) of Section 5-1)
	74	+	5 and in Class I county school units, the bond shall be approved
	75	+	6 by at least a majority of the members of the school board; and
	76	+	7 in all cases the bond shall be filed with the regional
	77	+	8 superintendent of schools who shall file with the State Board
	78	+	9 of Education before September 1 in each year an affidavit
	79	+	10 showing which treasurers of school districts under his
	80	+	11 supervision and control are properly bonded. The bond shall be
	81	+	12 in the following form:
	82	+	13 STATE OF ILLINOIS
	83	+	14 .......... COUNTY
	84	+	15 We, AB, CD and EF, are obligated, jointly and severally,
	85	+	16 to the (School Board of District No. ...., or trustees of
	86	+	17 township .... range ....) in the above mentioned county or
	87	+	18 successors in office, in the penal sum of $...., for the
	88	+	19 payment of which we bind ourselves, our heirs, executors and
	89	+	20 administrators.
	90	+	21 Dated (insert date).
	91	+	22 The condition of this obligation is such that if AB,
	92	+	23 school treasurer in the above stated county, faithfully
	93	+	24 discharges the duties of his or her office, according to law,
	94	+	25 and delivers to his or her successor in office, after such
	95	+	26 successor has qualified by giving bond as provided by law, all
142	96
143	97
144		-	shall be an amount no less than 10% 25% of the amount of such
145		-	bond issue, whether individuals act as surety or whether the
146		-	surety is given by a surety company authorized to transact
147		-	business in this State. The bond shall be in substantially the
148		-	same form as that required by Section 8-2 of this Act and when
149		-	so given shall fully describe the bond issue which it
150		-	specifically covers and shall remain in force until the funds
151		-	of the bond issue are taken into account in determining the
152		-	penalty amount for the surety bond required by Section 8-2 of
153		-	this Code fully disbursed in accordance with the law. Upon
154		-	receiving such moneys the treasurer shall deliver the bonds
155		-	issued therefor to the persons entitled to receive them, and
156		-	shall credit the funds received to the district issuing the
157		-	bonds. The treasurer shall record the amount received for each
158		-	bond issued. When any bonds are paid the treasurer shall
159		-	cancel them and shall enter, against the record of the bonds,
160		-	the words, "paid and cancelled the .... day of ...., 1 ....,"
161		-	filling the blanks with the day, month, and year corresponding
162		-	to the date of payment.
163		-	(Source: P.A. 89-212, eff. 8-4-95.)
164		-	Section 99. Effective date. This Act takes effect upon
165		-	becoming law.
	98	+
	99	+
	100	+
	101	+	HB3523 Enrolled - 3 - LRB103 29974 RJT 56393 b
	102	+
	103	+
	104	+	HB3523 Enrolled- 4 -LRB103 29974 RJT 56393 b HB3523 Enrolled - 4 - LRB103 29974 RJT 56393 b
	105	+	HB3523 Enrolled - 4 - LRB103 29974 RJT 56393 b
	106	+	1 moneys, books, papers, securities and control, which have come
	107	+	2 into his or her possession or control, as such school
	108	+	3 treasurer, from the date of his or her bond to the time that
	109	+	4 his or her successor has qualified as school treasurer, by
	110	+	5 giving such bond as required by law, then this obligation to be
	111	+	6 void; otherwise to remain in full force and effect.
	112	+	7 Approved and accepted by:
	113	+	8 A.... B.... (Signature)
	114	+	9 C.... D.... (Signature)
	115	+	10 E.... F.... (Signature)
	116	+	11 G.... H.... (Signature)
	117	+	12 I.... J.... (Signature)
	118	+	13 K.... L.... (Signature)
	119	+	14 (Board of Education or Board of
	120	+	15 Directors of District No. .....
	121	+	16 By ....
	122	+	17 President Secretary or Clerk
	123	+	18 or ....
	124	+	19 .... Township Trustees)
	125	+	20 No part of the State or other school fund shall be paid to
	126	+	21 any school treasurer or other persons authorized to receive it
	127	+	22 unless such treasurer has filed his or her bond, or if
	128	+	23 reelected, has renewed his or her bond and filed it as required
	129	+	24 by law.
	130	+	25 (Source: P.A. 91-357, eff. 7-29-99.)
	131	+
	132	+
	133	+
	134	+
	135	+
	136	+	HB3523 Enrolled - 4 - LRB103 29974 RJT 56393 b
	137	+
	138	+
	139	+	HB3523 Enrolled- 5 -LRB103 29974 RJT 56393 b HB3523 Enrolled - 5 - LRB103 29974 RJT 56393 b
	140	+	HB3523 Enrolled - 5 - LRB103 29974 RJT 56393 b
	141	+	1 (105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
	142	+	2 Sec. 19-6. Bond money to school treasurer - Delivery of
	143	+	3 bonds - Record - Payment. All moneys borrowed under the
	144	+	4 authority of this Act, except money borrowed by school
	145	+	5 districts having a population of more than 500,000
	146	+	6 inhabitants, shall be paid to the school treasurer of the
	147	+	7 district. The treasurer shall, before receiving any of the
	148	+	8 money, execute a bond with two or more persons having an
	149	+	9 interest in real estate, who shall not be trustees, or a surety
	150	+	10 company authorized to do business in this State, as surety,
	151	+	11 payable to the school board of the district in Class I county
	152	+	12 school units or township trustees in Class II county school
	153	+	13 units and conditioned upon the faithful discharge of his
	154	+	14 duties, except that the bond required of the school treasurer
	155	+	15 of a school district which is located in a Class II county
	156	+	16 school unit but which no longer is subject to the jurisdiction
	157	+	17 and authority of a township treasurer or trustees of schools
	158	+	18 of a township because the district has withdrawn from the
	159	+	19 jurisdiction and authority of the township treasurer and
	160	+	20 trustees of schools of the township or because those offices
	161	+	21 have been abolished as provided in subsection (b) or (c) of
	162	+	22 Section 5-1 shall be payable to the school board of such
	163	+	23 district and conditioned upon the faithful discharge of his
	164	+	24 duties. The bond shall be submitted for approval or rejection
	165	+	25 to the school board of the district or to the township trustees
	166	+	26 to which such bond is payable. The penalty of the bond or bonds
	167	+
	168	+
	169	+
	170	+
	171	+
	172	+	HB3523 Enrolled - 5 - LRB103 29974 RJT 56393 b
	173	+
	174	+
	175	+	HB3523 Enrolled- 6 -LRB103 29974 RJT 56393 b HB3523 Enrolled - 6 - LRB103 29974 RJT 56393 b
	176	+	HB3523 Enrolled - 6 - LRB103 29974 RJT 56393 b
	177	+	1 shall be an amount no less than 10% 25% of the amount of such
	178	+	2 bond issue, whether individuals act as surety or whether the
	179	+	3 surety is given by a surety company authorized to transact
	180	+	4 business in this State. The bond shall be in substantially the
	181	+	5 same form as that required by Section 8-2 of this Act and when
	182	+	6 so given shall fully describe the bond issue which it
	183	+	7 specifically covers and shall remain in force until the funds
	184	+	8 of the bond issue are taken into account in determining the
	185	+	9 penalty amount for the surety bond required by Section 8-2 of
	186	+	10 this Code fully disbursed in accordance with the law. Upon
	187	+	11 receiving such moneys the treasurer shall deliver the bonds
	188	+	12 issued therefor to the persons entitled to receive them, and
	189	+	13 shall credit the funds received to the district issuing the
	190	+	14 bonds. The treasurer shall record the amount received for each
	191	+	15 bond issued. When any bonds are paid the treasurer shall
	192	+	16 cancel them and shall enter, against the record of the bonds,
	193	+	17 the words, "paid and cancelled the .... day of ...., 1 ....,"
	194	+	18 filling the blanks with the day, month, and year corresponding
	195	+	19 to the date of payment.
	196	+	20 (Source: P.A. 89-212, eff. 8-4-95.)
	197	+	21 Section 99. Effective date. This Act takes effect upon
	198	+	22 becoming law.
	199	+
	200	+
	201	+
	202	+
	203	+
	204	+	HB3523 Enrolled - 6 - LRB103 29974 RJT 56393 b