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| Public Act 096-0538 |
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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 | ||||
8-1 and 10-10 as follows:
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(105 ILCS 5/8-1) (from Ch. 122, par. 8-1)
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Sec. 8-1. Treasurers.
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(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
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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.
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(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but which has withdrawn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
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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.
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(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
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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
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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.
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(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.
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(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
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deemed the equivalent of certification.
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(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.
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(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
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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
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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.
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(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.
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(Source: P.A. 89-618, eff. 8-9-96.)
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(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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contained in Section 10-10.5 or 12-2 of this Code apply.
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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.
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(Source: P.A. 93-309, eff. 1-1-04; 94-231, eff. 7-14-05; | ||
94-1019, eff. 7-10-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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