Division 3-11 - County Treasurers In Counties Over 150,000 Population - Public Funds
(55 ILCS 5/Div. 3‑11 heading) Division 3‑11. County Treasurers in Counties over 150,000 Population ‑ Public Funds
(55 ILCS 5/3‑11001) (from Ch. 34, par. 3‑11001)
Sec. 3‑11001. Terms construed. The terms mentioned in this Section as used in this Division shall, unless the same be inconsistent with the context, be construed as follows:
The term "county treasurer" shall include the county treasurer when acting as such or in any other official capacity incident to his incumbency of the office of county treasurer.
The term "county moneys" shall include all moneys to whomsoever belonging, received by or in possession or control of the incumbent of the office of county treasurer when acting as such or in any other official capacity incident to his incumbency of the office of county treasurer.
The term "county clerk" shall be construed to mean the county comptroller in any county in which provision for a county comptroller shall have been made by law.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11002) (from Ch. 34, par. 3‑11002)
Sec. 3‑11002. Designation of depositories. In counties having a population of more than 150,000 the county board, when requested by the County Treasurer, shall designate one or more banks or savings and loan associations in which the funds and other public moneys in the custody of the County Treasurer may be kept and when a bank or savings and loan association has been designated as a depository it shall continue as such until 10 days have elapsed after a new depository is designated and has qualified by furnishing the statements of resources and liabilities as is required by this Section. When a new depository is designated, the county board shall notify the sureties of the County Treasurer of that fact, in writing, at least 5 days before the transfer of funds. The County Treasurer shall be discharged from responsibility for all funds and moneys which he deposits in a depository so designated while such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as permitted by this Section, unless it has complied with the requirements established pursuant to Section 6 of "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11003) (from Ch. 34, par. 3‑11003)
Sec. 3‑11003. Classification of funds. For the purpose of establishing a control over the withdrawal, in accordance with the provisions of this Division, of all county moneys deposited in any bank or savings and loan association, as hereinafter required, such moneys are hereby classified as follows:
Class A. All taxes and special assessments received by the county treasurer in his capacity as ex officio county collector or ex officio town collector, and held by him pending distribution to the several governments or authorities entitled to receive the same, shall be known as "Class A" funds.
Class B. All other moneys belonging to the State of Illinois or to any political or corporate subdivision thereof, except the county, shall be known as "Class B" funds.
Class C. All moneys belonging to the county in its corporate capacity shall be known as "Class C" funds.
Class D. All other county moneys as defined in Section 3‑11001 shall be known as "Class D" funds.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11004) (from Ch. 34, par. 3‑11004)
Sec. 3‑11004. Deposits by county treasurer. It shall be the duty of the county treasurer of such county to deposit daily, in separate accounts in accordance with the classification set forth in Section 3‑11003, to the credit of the county treasurer of such county, in one or more banks or savings and loan associations as shall have been selected and designated under the terms of this Division and as shall have complied with the requirements thereof, all county moneys as defined in Section 3‑11001, received by him during banking hours, and also all such county moneys as he may have received on the day previous after banking hours.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11004.1)
Sec. 3‑11004.1. Posting requirements for uncashed checks. No later than 60 days after the effective date of this amendatory Act of the 96th General Assembly, for the purpose of assisting Cook County residents in reclaiming uncashed checks issued by Cook County, the Cook County Treasurer must post on the Cook County Treasurer's official website information related to uncashed checks issued in the regular course of county business to Cook County residents. The Cook County Treasurer must also post the procedure for a person to receive a replacement check. The checks must be for an amount of $5 or more. This Section applies only to a check that remains uncashed by the payee for no less than one year and no more than 5 years from its issue date.
Cook County may not provide notice of uncashed checks in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96‑1159, eff. 1‑1‑11.)|
(55 ILCS 5/3‑11005) (from Ch. 34, par. 3‑11005)
Sec. 3‑11005. Earnings from investments and deposits. All earnings accruing on any investments or deposits made by the County Treasurer whether acting as such or as County Collector, of county monies as in Section 3‑11001 is defined, shall be credited to and paid into the County Treasury for the benefit of the county corporate fund to be used for county purposes, except as provided otherwise in the Local Governmental Tax Collection Act, and except where by specific statutory provisions such earnings are directed to be credited to and paid to a particular fund.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11006) (from Ch. 34, par. 3‑11006)
Sec. 3‑11006. Investment of county moneys; release of private funds in custody of county treasurer. All county moneys shall be invested in one or more of the following: (a) interest‑bearing savings accounts, interest‑bearing certificates of deposit or interest‑bearing time deposits constituting direct obligations of any bank as shall have been selected and designated under the terms of this Division and as shall have complied with the requirements thereof; (b) shares or other forms of securities legally issuable by savings and loan associations incorporated under the laws of this State or any other state or under the laws of the United States, provided such shares or securities are insured by the Federal Savings and Loan Insurance Corporation; (c) bonds, notes, certificates of indebtedness, treasury bills or other securities now or hereafter issued, which are guaranteed by the full faith and credit of the United States of America as to principal and interest; (d) short term discount obligations of the Federal National Mortgage Association. The expressed judgment of the county treasurer as to the time when any county moneys will be required for expenditure or be redeemable is final and conclusive. Privately owned funds held in the custody of a county treasurer must be released to the appropriate party at the earliest reasonable time, but in no case exceeding 31 days, after the private party becomes entitled to the receipt of them.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11007) (from Ch. 34, par. 3‑11007)
Sec. 3‑11007. Monthly report of investments and deposits. On the twenty‑eighth day of each month the county treasurer shall publish a report disclosing the investments and deposits of county moneys as of the first day of that month. The report shall list, under the name of each bank or savings and loan association in which the county treasurer maintains an account or investment, each separate account or investment maintained in that institution, the amount of each such account or investment, the rate of interest of each such account or investment, and the term of maturity of each such account or investment. The report shall also disclose the total cost and average rate of interest of all other investments of county moneys. A copy of the report shall be transmitted to each member of the county board, and the report shall be a public record.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11008) (from Ch. 34, par. 3‑11008)
Sec. 3‑11008. Withdrawals. When county moneys have been deposited in any such depository they shall be withdrawn therefrom only in the following manner: Funds designated in Section 3‑11003 as "Class A" funds and as "Class B" funds shall be withdrawn only upon checks or drafts signed by the County Treasurer and payable to the order of the State Treasurer or the other proper authorities or persons entitled by law to receive the same; funds designated in said Section 3‑11003 as "Class C" funds shall be withdrawn only upon checks or drafts signed by the county treasurer and supported by warrants signed by the County Clerk and countersigned by the president or chairman of the county board; funds designated in said Section 3‑11003 as "Class D" funds shall be withdrawn only upon checks or drafts signed by the County Treasurer and payable to persons entitled to receive the same; Provided, however, that subject to the limitations hereinafter set forth in Section 3‑11011, the County Treasurer shall have the power to withdraw such county moneys from any depository in the cases provided for and under the circumstances stated in Sections 3‑11009 and 3‑11010, and, provided further, that the provisions of this Division regarding the proper payees of checks or drafts shall not be construed to obligate any depository to investigate or determine the right of any payee to receive payment or any check or draft of the County Treasurer.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11009) (from Ch. 34, par. 3‑11009)
Sec. 3‑11009. Petty cash fund. For the purpose of enabling the county treasurer to pay in cash such warrants and other demands as may be presented to him for payment in cash, he is hereby authorized to withhold from the daily deposit of funds required of him under Section 3‑11004, or to withdraw from the one or more banks or savings and loan associations holding such county moneys on deposit, upon check or draft payable to his own order as county treasurer, such amounts as will enable him to maintain a petty cash fund sufficient to meet the daily demand for the purpose herein indicated: Provided, however, that the amount of said petty cash fund shall at no time exceed the sum of $5,000 in counties having fewer than 1,000,000 inhabitants or the sum of $200,000 in counties having 1,000,000 or more inhabitants. The county treasurer shall keep proper records of such petty cash fund, showing the amounts so withheld or withdrawn by him daily and the amounts paid out by him in cash from day to day. Such records shall be open to the inspection of all persons wishing to examine the same.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11010) (from Ch. 34, par. 3‑11010)
Sec. 3‑11010. Equalization and transfer of deposits. For the purpose of facilitating the equalization or apportionment of the amount of the balances on deposit with the several depositories and the speedy transfer of money from one depository to another in case of necessity, the county treasurer is hereby authorized to draw checks or drafts against any deposit made by him under the terms of this Division. Each draft or check so drawn shall be payable to the order of the county treasurer, and shall indicate upon its face that it is drawn only for deposit in a bank or savings and loan association authorized under the provisions of this Division to receive county moneys.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11011) (from Ch. 34, par. 3‑11011)
Sec. 3‑11011. Designation of active depository. Of the banks or savings and loan associations which may have been so designated as depositories, one shall be designated from time to time by the county treasurer as the active bank, depository or savings and loan association for a period of not more than one month at a time. The county board shall have power, if it sees fit, to require that no bank or savings and loan association whose aggregate capital stock and surplus is less than a certain specified amount shall be named as the active bank or savings and loan association. During such period the county treasurer shall draw all of his checks to pay warrants and other demands drawn upon him upon such active bank or savings and loan association: Provided, however, that the county treasurer shall have power to withdraw county moneys from any depository for the purposes stated in Section 3‑11010: And, provided, further, that during such period drafts and checks against deposit of funds designated by Section 3‑11003 hereof as "Class A" funds and "Class B" funds may be drawn upon other than the active bank or savings and loan association.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11012) (from Ch. 34, par. 3‑11012)
Sec. 3‑11012. Record of deposits. The county treasurer shall keep in his office a record showing the date and aggregate amount received by him daily on account of each class of funds designated in Section 3‑11003, and also his accounts with each depository, which accounts shall show daily the date and amount of each deposit, the date and amount of each withdrawal, and the balance on deposit. Each such account shall also show the date and amount of each interest payment received by or credited to the county treasurer and the rate of interest at which such payment was computed. Said record and all contracts with depositories shall be open to the inspection of all persons wishing to examine the same.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11013) (from Ch. 34, par. 3‑11013)
Sec. 3‑11013. Annual report of interest received. The county treasurer shall make to the county clerk an annual report, under oath, of all interest received by the county treasurer or credited to the county treasurer by any bank or savings and loan association, in which is deposited any county moneys, and at the time of making such report the county treasurer shall pay into the county treasury for the benefit of the county the aggregate amount of all interest so received by or credited to him, as shown by said report. Such report shall show the name of each bank or depository where any county moneys are deposited.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11014) (from Ch. 34, par. 3‑11014)
Sec. 3‑11014. Cost of bonds to be paid by county. The premium on all bonds required of the county treasurer in any official capacity by the provisions of this Division if the surety thereon shall be a surety company or companies authorized to do business in this State under the laws thereof, shall be paid out of the county treasury: Provided, however, that the amount of said premium shall not exceed one‑half of one per cent per annum of the amount of said bond.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11015) (from Ch. 34, par. 3‑11015)
Sec. 3‑11015. Liability of treasurer. The county treasurer shall be discharged from responsibility for all moneys deposited by him pursuant to the terms of this Division, with any depository or depositories who may be named and shall qualify in accordance with the terms thereof: Provided, that nothing in this Division contained shall be construed in any manner to change or affect the liability of treasurers having depositories under and in accordance with the terms of this Division, except that such treasurers shall be discharged from liability for moneys so deposited by them in such depositories while such moneys so deposited are in the custody of any such depository.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11016) (from Ch. 34, par. 3‑11016)
Sec. 3‑11016. Expenses of suit by or against treasurer. All reasonable expenses incurred by the county treasurer in prosecuting or defending suits or actions brought by or against him in any official capacity shall be paid out of the county treasury.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11017) (from Ch. 34, par. 3‑11017)
Sec. 3‑11017. No retention of compensation other than salary. The county treasurer shall retain no fees, commissions or other compensation whatsoever, except his salary or other compensation fixed by law, for his services when acting as such county treasurer or in any other official capacity incident to his incumbency of that office. All fees, perquisites and emoluments (above the amount of such salary or other compensation fixed by law) shall be paid into the county treasury.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11018) (from Ch. 34, par. 3‑11018)
Sec. 3‑11018. Payment of interest or fees on deposits. No bank or savings and loan association holding county moneys deposited therewith by the county treasurer in accordance with the provisions in this Division, or otherwise, and no officer of any such bank or savings and loan association, or other person, shall pay to, withhold for the benefit of, or contract in any manner for the payment to such county treasurer, or to any other person for him, of any interest or other fee, perquisite or emolument, on account of the deposit of such county moneys, except such interest as shall be paid to such county treasurer for the benefit of the county.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11019) (from Ch. 34, par. 3‑11019)
Sec. 3‑11019. No personal profit; penalty. The making of a personal profit or emolument by the incumbent of the office of county treasurer or by any other county officer out of any county moneys by loaning, depositing or otherwise using or disposing of the same in any manner whatsoever, shall be deemed a Class 3 felony. Any county officer or other person who wilfully violates any provision of this Division, other than that above specified in this Section, or who wilfully neglects or refuses to perform any duty imposed upon such person by the terms of this Division, shall be guilty of a Class 4 felony.
(Source: P.A. 86‑962.) |
(55 ILCS 5/3‑11020) (from Ch. 34, par. 3‑11020)
Sec. 3‑11020. Applicability to counties. This Division and all of the provisions thereof shall apply in every county of this State now containing, or which may hereafter contain, more than 150,000 inhabitants.
(Source: P.A. 86‑962.) |