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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||||||||||||||
| 5 | Sections 3-10009 and 3-10011 as follows:
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| 6 | (55 ILCS 5/3-10009) (from Ch. 34, par. 3-10009)
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| 7 | Sec. 3-10009. Deposit of public funds. | |||||||||||||||||||||||||||||||
| 8 | (a) In counties having a
population of less than 150,000 | |||||||||||||||||||||||||||||||
| 9 | the county board, when requested by the
county treasurer, shall | |||||||||||||||||||||||||||||||
| 10 | designate one or more banks, savings and loan
associations, | |||||||||||||||||||||||||||||||
| 11 | savings banks, or credit unions in which the funds and other | |||||||||||||||||||||||||||||||
| 12 | public moneys in the custody of
the county treasurer may be | |||||||||||||||||||||||||||||||
| 13 | kept. In addition to the treasurer, a co-signer shall be | |||||||||||||||||||||||||||||||
| 14 | required on all county accounts. The co-signer shall be | |||||||||||||||||||||||||||||||
| 15 | designated by the county board by resolution. When and when a | |||||||||||||||||||||||||||||||
| 16 | bank, savings and loan
association, savings bank, or credit | |||||||||||||||||||||||||||||||
| 17 | union has been designated as a depository it shall continue as | |||||||||||||||||||||||||||||||
| 18 | such
until 10 days have elapsed after a new depository is | |||||||||||||||||||||||||||||||
| 19 | designated and has
qualified by furnishing the statements of | |||||||||||||||||||||||||||||||
| 20 | resources and liabilities as is
required by this Section. When | |||||||||||||||||||||||||||||||
| 21 | a new depository is designated, the county
board shall notify | |||||||||||||||||||||||||||||||
| 22 | the sureties of the county treasurer of that fact, in
writing, | |||||||||||||||||||||||||||||||
| 23 | at least 5 days before the transfer of funds. The county | |||||||||||||||||||||||||||||||
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| |||||||
| 1 | treasurer
shall be discharged from responsibility for all funds | ||||||
| 2 | and moneys which he
deposits in a depository so designated | ||||||
| 3 | while such funds and moneys are
so deposited.
| ||||||
| 4 | No bank, savings and loan association, savings bank, or | ||||||
| 5 | credit union shall receive public funds as
permitted by this | ||||||
| 6 | Section, unless it has complied with the requirements
| ||||||
| 7 | established pursuant to Section 6 of "An Act relating to | ||||||
| 8 | certain investments
of public funds by public agencies", | ||||||
| 9 | approved July 23, 1943, as now or
hereafter amended.
| ||||||
| 10 | (b) In addition to any other investments or deposits | ||||||
| 11 | authorized under this Code, counties are authorized to invest | ||||||
| 12 | the funds and public moneys in the custody of the County | ||||||
| 13 | Treasurer in accordance with the Public Funds Investment Act. | ||||||
| 14 | (Source: P.A. 97-129, eff. 7-14-11.)
| ||||||
| 15 | (55 ILCS 5/3-10011) (from Ch. 34, par. 3-10011)
| ||||||
| 16 | Sec. 3-10011. Inspection of books of account. | ||||||
| 17 | (a) Said books of
account shall be free to the inspection | ||||||
| 18 | of all persons wishing to examine
the same. The county board | ||||||
| 19 | shall review these books of account on a semi-annual basis.
| ||||||
| 20 | (b) The county treasurer shall make available to the county | ||||||
| 21 | board any Entity Identification Numbers assigned to the county. | ||||||
| 22 | The county board shall review the payments made to the county | ||||||
| 23 | from the State through the Vendor Payments portal on the State | ||||||
| 24 | Comptroller's website on a semi-annual basis. | ||||||
| 25 | (Source: P.A. 86-962.)
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| |||||||
| 1 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 2 | changing Sections 3.1-35-40, 3.1-35-45, 3.1-35-50, 3.1-35-60, | ||||||
| 3 | and 3.1-35-65 as follows:
| ||||||
| 4 | (65 ILCS 5/3.1-35-40) (from Ch. 24, par. 3.1-35-40)
| ||||||
| 5 | Sec. 3.1-35-40. Treasurer; duties.
| ||||||
| 6 | (a) The municipal treasurer shall
receive all money | ||||||
| 7 | belonging to
the municipality and shall keep the treasurer's | ||||||
| 8 | books and accounts in the
manner
prescribed by ordinance. These | ||||||
| 9 | books and accounts shall always be subject
to the inspection of | ||||||
| 10 | any member of the corporate authorities.
The corporate | ||||||
| 11 | authorities shall inspect these books and accounts on a | ||||||
| 12 | semi-annual basis. The municipality may, however, by ordinance | ||||||
| 13 | designate a person or
institution which, as bond trustee, shall | ||||||
| 14 | receive from the county collector
amounts payable to the | ||||||
| 15 | municipality as taxes levied pursuant to a bond
issuance.
| ||||||
| 16 | (b) The treasurer shall keep a separate account of each | ||||||
| 17 | fund or
appropriation and the
debits and credits belonging to | ||||||
| 18 | the fund or appropriation.
| ||||||
| 19 | (c) The treasurer shall give every person paying money into | ||||||
| 20 | the treasury a
receipt, specifying the date of payment and upon | ||||||
| 21 | what account paid. The
treasurer
shall file copies of these | ||||||
| 22 | receipts with the clerk, with the treasurer's
monthly
reports. | ||||||
| 23 | If the treasurer has possession of money properly appropriated | ||||||
| 24 | to the
payment of any warrant lawfully drawn upon the | ||||||
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| |||||||
| 1 | treasurer, the treasurer
shall pay the money
specified in the | ||||||
| 2 | warrant to the person designated by the warrant.
| ||||||
| 3 | (d) The municipal treasurer shall make available to the | ||||||
| 4 | corporate authorities any Entity Identification Numbers | ||||||
| 5 | assigned to the municipality. The corporate authorities shall | ||||||
| 6 | review the payments made to the municipality from the State | ||||||
| 7 | through the Vendor Payments portal on the State Comptroller's | ||||||
| 8 | website on a semi-annual basis. | ||||||
| 9 | (Source: P.A. 87-1119.)
| ||||||
| 10 | (65 ILCS 5/3.1-35-45) (from Ch. 24, par. 3.1-35-45)
| ||||||
| 11 | Sec. 3.1-35-45.
Treasurer;
reports. At the end of every | ||||||
| 12 | month, and
oftener if required by the
corporate authorities, | ||||||
| 13 | the municipal treasurer shall render an account
under oath to | ||||||
| 14 | the corporate authorities, or to an officer
designated by | ||||||
| 15 | ordinance, showing the state of the treasury at the date of
the | ||||||
| 16 | account and the balance of money in the treasury. The treasurer | ||||||
| 17 | shall
accompany
the account with a statement of all money | ||||||
| 18 | received into the treasury and
on what account, together with | ||||||
| 19 | all warrants redeemed and paid by the treasurer.
On
the day the | ||||||
| 20 | treasurer renders an account, these warrants, with all vouchers
| ||||||
| 21 | held by the treasurer, shall be delivered to the municipal | ||||||
| 22 | clerk and filed,
together with the
account, in the clerk's | ||||||
| 23 | office. All paid warrants shall be
marked "paid". The treasurer | ||||||
| 24 | shall keep a register of
all warrants, which shall
describe | ||||||
| 25 | each warrant, showing its date, amount, and number, the fund | ||||||
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| 1 | from
which paid, the name of the person to whom paid, and when | ||||||
| 2 | paid. The corporate authorities shall review this account | ||||||
| 3 | statement on a monthly basis after it is filed with the clerk's | ||||||
| 4 | office.
| ||||||
| 5 | (Source: P.A. 87-1119.)
| ||||||
| 6 | (65 ILCS 5/3.1-35-50) (from Ch. 24, par. 3.1-35-50)
| ||||||
| 7 | Sec. 3.1-35-50. Treasurer; deposit of funds.
| ||||||
| 8 | (a) The municipal treasurer may be required to keep all | ||||||
| 9 | funds and
money in the treasurer's custody belonging to the | ||||||
| 10 | municipality in places of
deposit designated by ordinance. The | ||||||
| 11 | When requested by the
municipal treasurer, the corporate | ||||||
| 12 | authorities shall designate one or
more banks or savings and | ||||||
| 13 | loan associations in which may be kept the funds
and money of | ||||||
| 14 | the municipality in the custody of the treasurer. In addition | ||||||
| 15 | to the treasurer, a co-signer shall be required on all | ||||||
| 16 | municipal accounts. The co-signer shall be designated by the | ||||||
| 17 | city council or village board by resolution. When a
bank or | ||||||
| 18 | savings and loan association has been designated as a | ||||||
| 19 | depository,
it shall continue as a depository until 10 days | ||||||
| 20 | have elapsed after a new
depository
is designated and has | ||||||
| 21 | qualified by furnishing the statements of resources
and | ||||||
| 22 | liabilities as required by this Section. When a new depository | ||||||
| 23 | is
designated, the corporate authorities shall notify the | ||||||
| 24 | sureties of the
municipal treasurer of that fact in writing at | ||||||
| 25 | least 5 days before the
transfer of funds. The treasurer shall | ||||||
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| 1 | be discharged from responsibility
for all funds or money that | ||||||
| 2 | the treasurer deposits in a designated bank or
savings and loan | ||||||
| 3 | association while the funds and money are so deposited.
| ||||||
| 4 | (b) The municipal treasurer may require any bank or savings | ||||||
| 5 | and loan
association to deposit with the treasurer securities | ||||||
| 6 | or mortgages that
have a market value at least equal to the | ||||||
| 7 | amount of the funds or moneys of the
municipality deposited | ||||||
| 8 | with the bank or savings and loan association that
exceeds the | ||||||
| 9 | insurance limitation provided by the Federal Deposit Insurance
| ||||||
| 10 | Corporation or the Federal Savings and Loan Insurance | ||||||
| 11 | Corporation.
| ||||||
| 12 | (c) The municipal treasurer may enter into agreements of | ||||||
| 13 | any
definite or indefinite term regarding the deposit, | ||||||
| 14 | redeposit, investment,
reinvestment, or withdrawal of | ||||||
| 15 | municipal funds.
| ||||||
| 16 | (d) Notwithstanding any other provision of this Act or any | ||||||
| 17 | other law, each
official custodian of municipal funds, | ||||||
| 18 | including, without limitation, each
municipal treasurer or | ||||||
| 19 | finance director or each person properly designated as
the | ||||||
| 20 | official custodian for municipal funds, including, without | ||||||
| 21 | limitation, each
person properly designated as official | ||||||
| 22 | custodian for funds held by an
intergovernmental risk | ||||||
| 23 | management entity, self-insurance pool, waste
management | ||||||
| 24 | agency, or other intergovernmental entity composed solely of
| ||||||
| 25 | participating municipalities, is permitted to:
| ||||||
| 26 | (i) combine moneys from more than
one fund of a single | ||||||
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| |||||||
| 1 | municipality, risk management entity, self-insurance
pool, | ||||||
| 2 | or other intergovernmental entity composed solely of | ||||||
| 3 | participating
municipalities for the purpose of investing | ||||||
| 4 | such moneys;
| ||||||
| 5 | (ii) join with any other official custodians or | ||||||
| 6 | treasurers of municipal,
intergovernmental risk management | ||||||
| 7 | entity, self-insurance pool, waste
management agency, or | ||||||
| 8 | other intergovernmental entity composed solely of
| ||||||
| 9 | participating municipalities for the purpose of jointly | ||||||
| 10 | investing the
funds of which the official custodians or | ||||||
| 11 | treasurers have custody; and
| ||||||
| 12 | (iii) enter into agreements of any definite or | ||||||
| 13 | indefinite term regarding
the redeposit, investment, or | ||||||
| 14 | withdrawal of municipal, risk management
entity, | ||||||
| 15 | self-insurance agency, waste management agency, or other
| ||||||
| 16 | intergovernmental entity funds.
| ||||||
| 17 | When funds are combined for investment
purposes as | ||||||
| 18 | authorized in this Section, the moneys combined for those | ||||||
| 19 | purposes
shall be accounted for separately in all respects, and | ||||||
| 20 | the earnings from such
investment shall be separately and | ||||||
| 21 | individually computed, recorded, and
credited to the fund, | ||||||
| 22 | municipality, intergovernmental risk management
entity, | ||||||
| 23 | self-insurance pool, waste
management agency, or other | ||||||
| 24 | intergovernmental entity, as the case may be, for
which the | ||||||
| 25 | investment was acquired.
| ||||||
| 26 | Joint investments shall be made only in investments | ||||||
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| 1 | authorized by law for
investment of municipal funds.
The grant | ||||||
| 2 | of authority contained in this subsection is cumulative,
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| 3 | supplemental, and in addition to all other power or authority | ||||||
| 4 | granted by any
other law and shall not be construed as a | ||||||
| 5 | limitation of any power and authority
otherwise granted.
| ||||||
| 6 | (e) No bank or savings and loan association shall receive | ||||||
| 7 | public funds as
permitted by this Section unless it has | ||||||
| 8 | complied with the requirements
established by Section 6 of the | ||||||
| 9 | Public Funds Investment Act.
| ||||||
| 10 | (Source: P.A. 89-592, eff. 8-1-96.)
| ||||||
| 11 | (65 ILCS 5/3.1-35-60) (from Ch. 24, par. 3.1-35-60)
| ||||||
| 12 | Sec. 3.1-35-60. Treasurer; receipts and expenditures. The | ||||||
| 13 | municipal
treasurer shall report to the corporate
authorities | ||||||
| 14 | on a semi-annual basis , as often as they require, a full and | ||||||
| 15 | detailed account of all
receipts and expenditures of the | ||||||
| 16 | municipality, as shown by the treasurer's
books, up to the time | ||||||
| 17 | of the report.
| ||||||
| 18 | (Source: P.A. 87-1119.)
| ||||||
| 19 | (65 ILCS 5/3.1-35-65) (from Ch. 24, par. 3.1-35-65)
| ||||||
| 20 | Sec. 3.1-35-65. Treasurer; annual accounts.
| ||||||
| 21 | (a) Within 6 months after the end of each fiscal year, the
| ||||||
| 22 | treasurer of each municipality having a population
of less than | ||||||
| 23 | 500,000, as determined by the last preceding
federal census, | ||||||
| 24 | shall annually prepare and file with the clerk of the
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| |||||||
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| 1 | municipality an account of moneys received
and expenditures | ||||||
| 2 | incurred during the preceding fiscal year as specified
in this | ||||||
| 3 | Section. The treasurer
shall show in the account:
| ||||||
| 4 | (1) All moneys received by the municipality,
| ||||||
| 5 | indicating the total
amounts, in the aggregate, received in | ||||||
| 6 | each account of the municipality,
with a general statement | ||||||
| 7 | concerning the source of receipts.
In this paragraph, the | ||||||
| 8 | term "account" does not
mean each individual taxpayer, | ||||||
| 9 | householder, licensee, utility
user, or other persons | ||||||
| 10 | whose payments to the municipality are credited
to a | ||||||
| 11 | general account.
| ||||||
| 12 | (2) Except as provided in paragraph (3) of this | ||||||
| 13 | subsection (a), all moneys
paid out by the municipality | ||||||
| 14 | where the total amount
paid during the fiscal year exceeds | ||||||
| 15 | $2,500 in the aggregate,
giving the name of each
person to | ||||||
| 16 | whom moneys were paid and the total paid to each person.
| ||||||
| 17 | (3) All moneys paid out by the municipality as | ||||||
| 18 | compensation for
personal services, giving the name of each | ||||||
| 19 | person to whom moneys were paid and
the total
amount paid | ||||||
| 20 | to each person
from each account, except that the treasurer | ||||||
| 21 | may elect to report the
compensation for personal services | ||||||
| 22 | of all personnel by name, listing each
employee in one of | ||||||
| 23 | the following categories:
| ||||||
| 24 | (A) under $25,000.00;
| ||||||
| 25 | (B) $25,000.00 to $49,999.99;
| ||||||
| 26 | (C) $50,000.00 to $74,999.99;
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| 1 | (D) $75,000.00 to $99,999.99;
| ||||||
| 2 | (E) $100,000.00 to $124,999.99; or
| ||||||
| 3 | (F) $125,000.00 and over.
| ||||||
| 4 | (4) A summary statement of operations for all funds and | ||||||
| 5 | account groups
of the municipality, as excerpted from the | ||||||
| 6 | annual financial report as
filed with the appropriate State | ||||||
| 7 | agency.
| ||||||
| 8 | (b) Upon receipt of the account from the municipal | ||||||
| 9 | treasurer, the municipal
clerk shall publish the account at | ||||||
| 10 | least once in one or more newspapers
published in the | ||||||
| 11 | municipality or, if no newspaper is published in the
| ||||||
| 12 | municipality,
then in one or more newspapers having a general | ||||||
| 13 | circulation within the
municipality.
In municipalities with a | ||||||
| 14 | population of less than 500
in which no newspaper is published, | ||||||
| 15 | however, publication may be made by
posting a
copy of the | ||||||
| 16 | account in 3 prominent places within the municipality.
| ||||||
| 17 | (c) Upon receipt of the account from the municipal | ||||||
| 18 | treasurer, the municipal clerk shall provide all corporate | ||||||
| 19 | authorities with a copy of this account, that they shall be | ||||||
| 20 | required to review within 30 days. | ||||||
| 21 | (Source: P.A. 92-354, eff. 8-15-01.)
| ||||||
| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law.
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