Public Act 103-0049
HB3523 EnrolledLRB103 29974 RJT 56393 b HB3523 Enrolled LRB103 29974 RJT 56393 b
HB3523 Enrolled LRB103 29974 RJT 56393 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
8-2 and 19-6 as follows:
(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
Sec. 8-2. Bond of treasurer. Before entering upon his
duties, each school treasurer shall execute a bond with 2 or
more persons having an interest in real estate who are not
trustees, or a surety company authorized to do business in
this State, as sureties, payable to the township trustees of
schools in Class II county school units and to the school board
of each district for which he or she is treasurer or its
successors in office in Class I county school units and
conditioned upon the faithful discharge of his or her duties,
except that the bond required of the school treasurer of a
school district which is located in 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township because the district has withdrawn from the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
HB3523 Enrolled LRB103 29974 RJT 56393 b
Section 5-1 shall be payable to the school board of each
district for which he or she is treasurer or its successor in
office and conditioned upon the faithful discharge of his or
her duties. The penalty of the bond shall be determined by the
school board in an amount no less than 10% 25% of the amount of
all bonds, notes, mortgages, moneys and effects of which he is
to have the custody as measured on the final day of the school
district's most recent fiscal year , whether individuals act as
sureties or whether the surety given is by a surety company
authorized to do business in this State, and shall be
increased or decreased from time to time, as the increase or
decrease of the amount of notes, bonds, mortgages, moneys and
effects may require, and whenever in the judgment of the
regional superintendent of schools, or whenever in the
judgment of the township trustees or the school board of the
district by which the school treasurer was appointed or
elected, the penalty of the bond should be increased or
decreased; provided that the penalty of the bond shall not be
increased to more than 25% of the amount of all bonds, notes,
mortgages, moneys and effects of which the treasurer has
custody at any time. The bond of the township treasurer shall
be approved by at least a majority of the township trustees in
Class II county school units; provided that in those school
districts that are located in a Class II county school unit but
are no longer subject to the jurisdiction and authority of a
township treasurer and trustees of schools of a township
(because the districts have 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)
and in Class I county school units, the bond shall be approved
by at least a majority of the members of the school board; and
in all cases the bond shall be filed with the regional
superintendent of schools who shall file with the State Board
of Education before September 1 in each year an affidavit
showing which treasurers of school districts under his
supervision and control are properly bonded. The bond shall be
in the following form:
STATE OF ILLINOIS
.......... COUNTY
We, AB, CD and EF, are obligated, jointly and severally,
to the (School Board of District No. ...., or trustees of
township .... range ....) in the above mentioned county or
successors in office, in the penal sum of $...., for the
payment of which we bind ourselves, our heirs, executors and
administrators.
Dated (insert date).
The condition of this obligation is such that if AB,
school treasurer in the above stated county, faithfully
discharges the duties of his or her office, according to law,
and delivers to his or her successor in office, after such
successor has qualified by giving bond as provided by law, all
moneys, books, papers, securities and control, which have come
into his or her possession or control, as such school
treasurer, from the date of his or her bond to the time that
his or her successor has qualified as school treasurer, by
giving such bond as required by law, then this obligation to be
void; otherwise to remain in full force and effect.
Approved and accepted by:
A.... B.... (Signature)
C.... D.... (Signature)
E.... F.... (Signature)
G.... H.... (Signature)
I.... J.... (Signature)
K.... L.... (Signature)
(Board of Education or Board of
Directors of District No. .....
By ....
President Secretary or Clerk
or ....
.... Township Trustees)
No part of the State or other school fund shall be paid to
any school treasurer or other persons authorized to receive it
unless such treasurer has filed his or her bond, or if
reelected, has renewed his or her bond and filed it as required
by law.
(Source: P.A. 91-357, eff. 7-29-99.)
(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
Sec. 19-6. Bond money to school treasurer - Delivery of
bonds - Record - Payment. All moneys borrowed under the
authority of this Act, except money borrowed by school
districts having a population of more than 500,000
inhabitants, shall be paid to the school treasurer of the
district. The treasurer shall, before receiving any of the
money, execute a bond with two or more persons having an
interest in real estate, who shall not be trustees, or a surety
company authorized to do business in this State, as surety,
payable to the school board of the district in Class I county
school units or township trustees in Class II county school
units and conditioned upon the faithful discharge of his
duties, except that the bond required of the school treasurer
of a school district which is located in 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 shall be payable to the school board of such
district and conditioned upon the faithful discharge of his
duties. The bond shall be submitted for approval or rejection
to the school board of the district or to the township trustees
to which such bond is payable. The penalty of the bond or bonds
shall be an amount no less than 10% 25% of the amount of such
bond issue, whether individuals act as surety or whether the
surety is given by a surety company authorized to transact
business in this State. The bond shall be in substantially the
same form as that required by Section 8-2 of this Act and when
so given shall fully describe the bond issue which it
specifically covers and shall remain in force until the funds
of the bond issue are taken into account in determining the
penalty amount for the surety bond required by Section 8-2 of
this Code fully disbursed in accordance with the law. Upon
receiving such moneys the treasurer shall deliver the bonds
issued therefor to the persons entitled to receive them, and
shall credit the funds received to the district issuing the
bonds. The treasurer shall record the amount received for each
bond issued. When any bonds are paid the treasurer shall
cancel them and shall enter, against the record of the bonds,
the words, "paid and cancelled the .... day of ...., 1 ....,"
filling the blanks with the day, month, and year corresponding
to the date of payment.
(Source: P.A. 89-212, eff. 8-4-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.