Rep. Janet Yang Rohr

Filed: 3/15/2023

 

 


 

 


 
10300HB3523ham001LRB103 29974 RJT 58928 a

1
AMENDMENT TO HOUSE BILL 3523

2    AMENDMENT NO. ______. Amend House Bill 3523 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 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
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

 

 

10300HB3523ham001- 2 -LRB103 29974 RJT 58928 a

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4township because the district has withdrawn from the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

 

 

10300HB3523ham001- 3 -LRB103 29974 RJT 58928 a

1mortgages, moneys and effects of which the treasurer has
2custody at any time. The bond of the township treasurer shall
3be approved by at least a majority of the township trustees in
4Class II county school units; provided that in those school
5districts that are located in a Class II county school unit but
6are no longer subject to the jurisdiction and authority of a
7township treasurer and trustees of schools of a township
8(because the districts have withdrawn from the jurisdiction
9and authority of the township treasurer and trustees of
10schools of the township or because those offices have been
11abolished as provided in subsection (b) or (c) of Section 5-1)
12and in Class I county school units, the bond shall be approved
13by at least a majority of the members of the school board; and
14in all cases the bond shall be filed with the regional
15superintendent of schools who shall file with the State Board
16of Education before September 1 in each year an affidavit
17showing which treasurers of school districts under his
18supervision and control are properly bonded. The bond shall be
19in the following form:
20STATE OF ILLINOIS
21.......... COUNTY
22    We, AB, CD and EF, are obligated, jointly and severally,
23to the (School Board of District No. ...., or trustees of
24township .... range ....) in the above mentioned county or
25successors in office, in the penal sum of $...., for the
26payment of which we bind ourselves, our heirs, executors and

 

 

10300HB3523ham001- 4 -LRB103 29974 RJT 58928 a

1administrators.
2    Dated (insert date).
3    The condition of this obligation is such that if AB,
4school treasurer in the above stated county, faithfully
5discharges the duties of his or her office, according to law,
6and delivers to his or her successor in office, after such
7successor has qualified by giving bond as provided by law, all
8moneys, books, papers, securities and control, which have come
9into his or her possession or control, as such school
10treasurer, from the date of his or her bond to the time that
11his or her successor has qualified as school treasurer, by
12giving such bond as required by law, then this obligation to be
13void; otherwise to remain in full force and effect.
14    Approved and accepted by:
15        A.... B.... (Signature)
16        C.... D.... (Signature)
17        E.... F.... (Signature)
18        G.... H.... (Signature)
19        I.... J.... (Signature)
20        K.... L.... (Signature)
21
(Board of Education or Board of
22
Directors of District No. .....
23
By ....
24
President Secretary or Clerk
25
or ....
26
.... Township Trustees)

 

 

10300HB3523ham001- 5 -LRB103 29974 RJT 58928 a

1    No part of the State or other school fund shall be paid to
2any school treasurer or other persons authorized to receive it
3unless such treasurer has filed his or her bond, or if
4reelected, has renewed his or her bond and filed it as required
5by law.
6(Source: P.A. 91-357, eff. 7-29-99.)
 
7    (105 ILCS 5/19-6)  (from Ch. 122, par. 19-6)
8    Sec. 19-6. Bond money to school treasurer - Delivery of
9bonds - Record - Payment. All moneys borrowed under the
10authority of this Act, except money borrowed by school
11districts having a population of more than 500,000
12inhabitants, shall be paid to the school treasurer of the
13district. The treasurer shall, before receiving any of the
14money, execute a bond with two or more persons having an
15interest in real estate, who shall not be trustees, or a surety
16company authorized to do business in this State, as surety,
17payable to the school board of the district in Class I county
18school units or township trustees in Class II county school
19units and conditioned upon the faithful discharge of his
20duties, except that the bond required of the school treasurer
21of a school district which is located in a Class II county
22school unit but which no longer is subject to the jurisdiction
23and authority of a township treasurer or trustees of schools
24of a township because the district has withdrawn from the
25jurisdiction and authority of the township treasurer and

 

 

10300HB3523ham001- 6 -LRB103 29974 RJT 58928 a

1trustees of schools of the township or because those offices
2have been abolished as provided in subsection (b) or (c) of
3Section 5-1 shall be payable to the school board of such
4district and conditioned upon the faithful discharge of his
5duties. The bond shall be submitted for approval or rejection
6to the school board of the district or to the township trustees
7to which such bond is payable. The penalty of the bond or bonds
8shall be an amount no less than 10% 25% of the amount of such
9bond issue, whether individuals act as surety or whether the
10surety is given by a surety company authorized to transact
11business in this State. The bond shall be in substantially the
12same form as that required by Section 8-2 of this Act and when
13so given shall fully describe the bond issue which it
14specifically covers and shall remain in force until the funds
15of the bond issue are taken into account in determining the
16penalty amount for the surety bond required by Section 8-2 of
17this Code fully disbursed in accordance with the law. Upon
18receiving such moneys the treasurer shall deliver the bonds
19issued therefor to the persons entitled to receive them, and
20shall credit the funds received to the district issuing the
21bonds. The treasurer shall record the amount received for each
22bond issued. When any bonds are paid the treasurer shall
23cancel them and shall enter, against the record of the bonds,
24the words, "paid and cancelled the .... day of ...., 1 ....,"
25filling the blanks with the day, month, and year corresponding
26to the date of payment.

 

 

10300HB3523ham001- 7 -LRB103 29974 RJT 58928 a

1(Source: P.A. 89-212, eff. 8-4-95.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".