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| Public Act 103-0049 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
8-2 and 19-6 as follows:
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(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
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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
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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withdrawn from the | ||||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
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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 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
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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
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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
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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
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(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:
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STATE OF ILLINOIS
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.......... COUNTY
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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
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administrators.
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Dated (insert date).
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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
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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.
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Approved and accepted by:
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A.... B.... (Signature)
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C.... D.... (Signature)
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E.... F.... (Signature)
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G.... H.... (Signature)
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I.... J.... (Signature)
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K.... L.... (Signature)
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(Board of Education or Board of
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Directors of District No. .....
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By ....
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President Secretary or Clerk
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or ....
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.... Township Trustees)
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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.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
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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
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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
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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
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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
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bond issue, whether
individuals act as surety or whether the
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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 ....,"
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filling the blanks with the day, month, and year corresponding | ||
to the date
of payment.
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(Source: P.A. 89-212, eff. 8-4-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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