State of Illinois
92nd General Assembly
Legislation

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92_SB0746

 
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 1        AN ACT concerning the deposit of State moneys.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Deposit of State Moneys Act is amended by
 5    changing Sections 1, 3, 11.1, and 22.5 as follows:

 6        (15 ILCS 520/1) (from Ch. 130, par. 20)
 7        Sec. 1. The State  Treasurer  shall  deposit  all  moneys
 8    received  by  him  on  account  of the State within five days
 9    after receiving the same in such banks or, savings  and  loan
10    associations  or  credit  unions  of  the  State  as  may  be
11    authorized  to  receive such deposits under the terms of this
12    Act. The money so deposited shall be placed to the account of
13    the State Treasurer.
14        No bank or, savings and loan association or credit  union
15    shall  receive  public  funds  as  permitted by this Section,
16    unless it has  complied  with  the  requirements  established
17    pursuant  to  Section  6  of  "An  Act  relating  to  certain
18    investments  of  public  funds  by public agencies", approved
19    July 23, 1943, as now or hereafter amended.
20        For purposes of this Act, the term "bank" or "savings and
21    loan association" shall be deemed to include a credit  union,
22    and,  unless  otherwise  specifically  set forth in this Act,
23    credit unions shall be subject  to  all  rights,  privileges,
24    remedies,  duties, and obligations granted or imposed by this
25    Act upon banks and savings and loan associations.
26    (Source: P.A. 85-803.)

27        (15 ILCS 520/3) (from Ch. 130, par. 22)
28        Sec. 3.  The State Treasurer shall, at such times  as  he
29    may in his discretion determine, cause a notice to be sent to
30    each  savings  and loan association, Federally insured credit
 
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 1    union of $50,000,000 or more assets, or regularly established
 2    National  and  State  bank  doing  business  in  this  State,
 3    indicating that on a date named therein  not  less  than  one
 4    month  after  the date of such notice, he will receive sealed
 5    proposals for the deposit of the public moneys in his custody
 6    or control.  The State Treasurer may also at any time receive
 7    a new or supplemental proposal  from  any  savings  and  loan
 8    association, credit union or national or State bank.
 9        A  "regularly  established"  national  or State bank is a
10    bank  which  is  doing  business  in  the  State  under   the
11    supervision  of the Comptroller of the Currency or the Office
12    of Banks and Real Estate.
13    (Source: P.A. 89-508, eff. 7-3-96.)

14        (15 ILCS 520/11.1) (from Ch. 130, par. 30.1)
15        Sec. 11.1.  The State Treasurer may, in  his  discretion,
16    accept as security for State deposits insured certificates of
17    deposit  or  share  certificates  issued  to  the  depository
18    institution   pledging  them  as  security  and  may  require
19    security in the amount of 125% of  the  value  of  the  State
20    deposit.   Such  certificate  of deposit or share certificate
21    shall:
22        (1)  be fully insured by the  Federal  Deposit  Insurance
23    Corporation  or,  the  Federal  Savings  and  Loan  Insurance
24    Corporation or the National Credit Union Share Insurance Fund
25    or  issued  by a depository institution which is rated within
26    the 3 highest classifications established by at least one  of
27    the 2 standard rating services;
28        (2)  be  issued  by a financial institution having assets
29    of $30,000,000 or more; and
30        (3)  be issued by either a savings and  loan  association
31    having  a capital to asset ratio of at least 2% or, by a bank
32    having a capital to asset ratio of at least 6% or by a credit
33    union having a capital to asset ratio of at least 4%.
 
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 1        The depository institution shall effect the assignment of
 2    the certificate of deposit or share certificate to the  State
 3    Treasurer  and  shall  agree, that in the event the issuer of
 4    the certificate fails to maintain the capital to asset  ratio
 5    required  by  this  Section,  such  certificate of deposit or
 6    share certificate shall be replaced  by  additional  suitable
 7    security.
 8    (Source: P.A. 85-803.)

 9        (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
10        Sec. 22.5.  The State Treasurer may, with the approval of
11    the  Governor,  invest  and  reinvest  any State money in the
12    treasury which is  not needed for current expenditures due or
13    about to become due, in obligations of  the    United  States
14    government   or   its   agencies   or  of  National  Mortgage
15    Associations established by or  under  the  National  Housing
16    Act,  1201  U.S.C. 1701 et seq., or in mortgage participation
17    certificates representing undivided interests  in  specified,
18    first-lien  conventional  residential Illinois mortgages that
19    are underwritten, insured, guaranteed, or  purchased  by  the
20    Federal  Home  Loan  Mortgage  Corporation  or  in Affordable
21    Housing Program Trust Fund Bonds or Notes as defined  in  and
22    issued pursuant to the Illinois Housing Development Act.  All
23    such  obligations  shall  be  considered  as  cash and may be
24    delivered over as cash by a State Treasurer to his successor.
25        The  State  Treasurer  may,  with  the  approval  of  the
26    Governor, purchase any state bonds  with  any  money  in  the
27    State  Treasury  that  has  been  set  aside and held for the
28    payment  of the principal of and interest on the  bonds.  The
29    bonds  shall  be considered as cash and may be delivered over
30    as cash by the State Treasurer to his successor.
31        The  State  Treasurer  may,  with  the  approval  of  the
32    Governor, invest or reinvest any  State money in the treasury
33    that is not needed for current expenditure due  or  about  to
 
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 1    become  due, or any money in the State Treasury that has been
 2    set aside and held for the payment of the  principal  of  and
 3    the  interest  on  any  State  bonds, in shares, withdrawable
 4    accounts, and investment certificates of savings and building
 5    and loan associations,  incorporated under the laws  of  this
 6    State  or  any  other  state  or under the laws of the United
 7    States; provided, however, that investments may be made  only
 8    in  those  savings and loan or building and loan associations
 9    the shares and  withdrawable  accounts  or   other  forms  of
10    investment  securities  of  which  are insured by the Federal
11    Deposit Insurance Corporation.
12        The State Treasurer may not invest  State  money  in  any
13    savings  and  loan  or building and loan association unless a
14    commitment by the savings and loan  (or  building  and  loan)
15    association,  executed  by  the  president or chief executive
16    officer of that association,  is submitted in  the  following
17    form:
18             The .................. Savings and Loan (or Building
19        and  Loan) Association pledges not  to reject arbitrarily
20        mortgage loans  for  residential  properties  within  any
21        specific  part of the community served by the savings and
22        loan (or building and loan) association because   of  the
23        location  of  the  property.   The  savings  and loan (or
24        building and loan) association also pledges to make loans
25        available on low and moderate income residential property
26        throughout the community within the limits of  its  legal
27        restrictions and prudent financial practices.
28        The  State  Treasurer  may,  with  the  approval  of  the
29    Governor,  invest  or reinvest, at a price not to exceed par,
30    any State money in  the  treasury  that  is  not  needed  for
31    current expenditures due or about to become due, or any money
32    in  the  State Treasury  that has been set aside and held for
33    the payment of the principal of and interest  on   any  State
34    bonds,  in bonds issued by counties or municipal corporations
 
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 1    of the State of Illinois.
 2        The  State  Treasurer  may,  with  the  approval  of  the
 3    Governor, invest or reinvest any State money in the  Treasury
 4    which  is not needed for current expenditure, due or about to
 5    become due, or any money in the State Treasury which has been
 6    set aside and held for the payment of the  principal  of  and
 7    the  interest on any State bonds, in participations in loans,
 8    the principal of which participation is fully  guaranteed  by
 9    an agency or instrumentality of the United States government;
10    provided,   however,   that   such  loan  participations  are
11    represented by certificates issued only by  banks  which  are
12    incorporated  under the laws of this State or any other state
13    or under the laws of the United States, and such  banks,  but
14    not  the  loan participation certificates, are insured by the
15    Federal Deposit Insurance Corporation.
16        The  State  Treasurer  may,  with  the  approval  of  the
17    Governor, invest or reinvest any State money in the  Treasury
18    that  is  not needed for current expenditure, due or about to
19    become due, or any money in the State Treasury that has  been
20    set  aside  and  held for the payment of the principal of and
21    the interest on any State bonds, in any of the following:
22             (1)  Bonds,  notes,  certificates  of  indebtedness,
23        Treasury bills, or  other  securities  now  or  hereafter
24        issued  that  are guaranteed by the full faith and credit
25        of the United States  of  America  as  to  principal  and
26        interest.
27             (2)  Bonds,  notes,  debentures,  or  other  similar
28        obligations   of   the  United  States  of  America,  its
29        agencies, and instrumentalities.
30             (3)  Interest-bearing       savings        accounts,
31        interest-bearing       certificates      of      deposit,
32        interest-bearing time deposits, or any other  investments
33        constituting direct obligations of any bank as defined by
34        the Illinois Banking Act.
 
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 1             (4)  Interest-bearing   accounts,   certificates  of
 2        deposit, or any  other  investments  constituting  direct
 3        obligations   of   any   savings  and  loan  associations
 4        incorporated under the laws of this State  or  any  other
 5        state or under the laws of the United States.
 6             (5)  (Blank). Dividend-bearing share accounts, share
 7        certificate  accounts,  or  class  of share accounts of a
 8        credit union chartered under the laws of  this  State  or
 9        the  laws  of  the  United States; provided, however, the
10        principal office of the  credit  union  must  be  located
11        within the State of Illinois.
12             (6)  Bankers'  acceptances  of  banks  whose  senior
13        obligations are rated in the top 2 rating categories by 2
14        national  rating agencies and maintain that rating during
15        the term of the investment.
16             (7)  Short-term    obligations    of    corporations
17        organized in the  United  States  with  assets  exceeding
18        $500,000,000 if (i) the obligations are rated at the time
19        of  purchase  at  one  of  the  3 highest classifications
20        established by at least 2 standard  rating  services  and
21        mature not later than 180 days from the date of purchase,
22        (ii) the purchases do not exceed 10% of the corporation's
23        outstanding obligations, and (iii) no more than one-third
24        of  the  public agency's funds are invested in short-term
25        obligations of corporations.
26             (8)  Money market mutual funds registered under  the
27        Investment   Company  Act  of  1940,  provided  that  the
28        portfolio of the money market mutual fund is  limited  to
29        obligations  described  in this Section and to agreements
30        to repurchase such obligations.
31             (9)  The Public Treasurers' Investment Pool  created
32        under  Section 17 of the State Treasurer Act or in a fund
33        managed, operated, and administered by a bank.
34             (10)  Repurchase agreements of government securities
 
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 1        having the meaning set out in the  Government  Securities
 2        Act of 1986 subject to the provisions of that Act and the
 3        regulations issued thereunder.
 4        For  purposes  of  this Section, "agencies" of the United
 5    States Government includes:
 6             (i)  the federal land  banks,  federal  intermediate
 7        credit banks, banks for cooperatives, federal farm credit
 8        banks,  or  any  other  entity  authorized  to issue debt
 9        obligations under the Farm Credit Act of 1971 (12  U.S.C.
10        2001 et seq.) and Acts amendatory thereto;
11             (ii)  the  federal  home  loan banks and the federal
12        home loan mortgage corporation;
13             (iii)  the Commodity Credit Corporation; and
14             (iv)  any other agency created by Act of Congress.
15        The Treasurer may, with the  approval  of  the  Governor,
16    lend  any  securities  acquired  under  this  Act.   However,
17    securities  may be lent under this Section only in accordance
18    with  Federal  Financial  Institution   Examination   Council
19    guidelines and only if the securities are collateralized at a
20    level  sufficient  to  assure  the  safety of the securities,
21    taking into account market value fluctuation.  The securities
22    may be collateralized by cash or collateral acceptable  under
23    Sections 11 and 11.1.
24    (Source: P.A. 90-655, eff. 7-30-98.)

25        Section  10.   The Public Funds Investment Act is amended
26    by changing Sections 2 and 6 as follows:

27        (30 ILCS 235/2) (from Ch. 85, par. 902)
28        Sec. 2.  Authorized investments.
29        (a)  Any public agency may invest  any  public  funds  as
30    follows:
31             (1)  in  bonds, notes, certificates of indebtedness,
32        treasury bills  or  other  securities  now  or  hereafter
 
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 1        issued, which are guaranteed by the full faith and credit
 2        of  the  United  States  of  America  as to principal and
 3        interest;
 4             (2)  in bonds, notes, debentures, or  other  similar
 5        obligations  of  the  United  States  of  America  or its
 6        agencies;
 7             (3)  in    interest-bearing    savings     accounts,
 8        interest-bearing     certificates     of    deposit    or
 9        interest-bearing time deposits or any  other  investments
10        constituting direct obligations of any bank as defined by
11        the Illinois Banking Act;
12             (4)  in   short  term  obligations  of  corporations
13        organized in the  United  States  with  assets  exceeding
14        $500,000,000  if  (i)  such  obligations are rated at the
15        time of purchase at one of the 3 highest  classifications
16        established  by  at  least 2 standard rating services and
17        which mature not later than 180 days  from  the  date  of
18        purchase,  (ii)  such  purchases do not exceed 10% of the
19        corporation's outstanding obligations and (iii)  no  more
20        than  one-third  of  the  public  agency's  funds  may be
21        invested in short term obligations of corporations; or
22             (5)  in money market mutual funds  registered  under
23        the  Investment  Company  Act  of 1940, provided that the
24        portfolio of any such money market mutual fund is limited
25        to obligations described in paragraph (1) or (2) of  this
26        subsection   and   to   agreements   to  repurchase  such
27        obligations.
28        (a-1)  In addition to any  other  investments  authorized
29    under this Act, a municipality may invest its public funds in
30    interest   bearing  bonds  of  any  county,  township,  city,
31    village, incorporated town, municipal corporation, or  school
32    district.   The  bonds shall be registered in the name of the
33    municipality or held under a custodial agreement at  a  bank.
34    The bonds shall be rated at the time of purchase within the 4
 
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 1    highest  general  classifications  established  by  a  rating
 2    service of nationally recognized expertise in rating bonds of
 3    states and their political subdivisions.
 4        (b)  Investments  may  be  made  only  in banks which are
 5    insured by the Federal  Deposit  Insurance  Corporation.  Any
 6    public  agency  may  invest  any  public  funds in short term
 7    discount  obligations  of  the  Federal   National   Mortgage
 8    Association or in shares or other forms of securities legally
 9    issuable  by  savings  banks or savings and loan associations
10    incorporated under the laws of this State or any other  state
11    or  under  the laws of the United States.  Investments may be
12    made  only  in  those  savings  banks  or  savings  and  loan
13    associations the shares, or investment certificates of  which
14    are insured by the Federal Deposit Insurance Corporation. Any
15    such  securities  may  be purchased at the offering or market
16    price  thereof  at  the  time  of  such  purchase.  All  such
17    securities so purchased shall mature or be  redeemable  on  a
18    date or dates prior to the time when, in the judgment of such
19    governing  authority,  the  public  funds so invested will be
20    required  for  expenditure  by  such  public  agency  or  its
21    governing authority.  The  expressed  judgment  of  any  such
22    governing authority as to the time when any public funds will
23    be  required  for  expenditure  or be redeemable is final and
24    conclusive.  Any public agency may invest any public funds in
25    dividend-bearing share accounts, share  certificate  accounts
26    or  class of share accounts of a credit union chartered under
27    the laws of this State or the  laws  of  the  United  States;
28    provided,  however,  the  principal office of any such credit
29    union  must  be  located  within  the  State   of   Illinois.
30    Investments  may  be  made  only  in  those credit unions the
31    accounts of which are insured by applicable law.
32        (c)  For purposes of this Section, the term "agencies  of
33    the United States of America" includes:  (i) the federal land
34    banks,   federal   intermediate   credit   banks,  banks  for
 
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 1    cooperative, federal farm credit banks, or any  other  entity
 2    authorized  to  issue  debt obligations under the Farm Credit
 3    Act of 1971 (12 U.S.C. 2001  et  seq.)  and  Acts  amendatory
 4    thereto;  (ii)  the  federal  home loan banks and the federal
 5    home loan mortgage corporation; and (iii)  any  other  agency
 6    created by Act of Congress.
 7        (d)  Except   for  pecuniary  interests  permitted  under
 8    subsection (f) of Section 3-14-4 of  the  Illinois  Municipal
 9    Code  or  under  Section 3.2 of the Public Officer Prohibited
10    Practices Act, no person acting  as  treasurer  or  financial
11    officer  or who is employed in any similar capacity by or for
12    a public agency may do any of the following:
13             (1)  have any interest, directly or  indirectly,  in
14        any  investments  in  which  the  agency is authorized to
15        invest.
16             (2)  have any interest, directly or  indirectly,  in
17        the sellers, sponsors, or managers of those investments.
18             (3)  receive,  in  any  manner,  compensation of any
19        kind  from  any  investments  in  which  the  agency   is
20        authorized to invest.
21        (e)  Any  public  agency may also invest any public funds
22    in a Public Treasurers' Investment Pool created under Section
23    17 of the State Treasurer Act.  Any public  agency  may  also
24    invest  any  public  funds  in  a fund managed, operated, and
25    administered by a bank, subsidiary of a bank,  or  subsidiary
26    of  a  bank  holding  company  or use the services of such an
27    entity to hold and invest or advise regarding the  investment
28    of any public funds.
29        (f)  To  the  extent a public agency has custody of funds
30    not owned by  it  or  another  public  agency  and  does  not
31    otherwise  have  authority  to  invest such funds, the public
32    agency may invest such funds as if they were  its  own.  Such
33    funds  must  be  released  to  the  appropriate person at the
34    earliest reasonable time, but in no case exceeding  31  days,
 
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 1    after  the  private person becomes entitled to the receipt of
 2    them.  All earnings accruing on any investments  or  deposits
 3    made pursuant to the provisions of this Act shall be credited
 4    to  the  public  agency  by  or for which such investments or
 5    deposits were made, except as provided otherwise  in  Section
 6    4.1  of  the  State Finance Act or the Local Governmental Tax
 7    Collection  Act,  and  except  where  by  specific  statutory
 8    provisions such earnings are directed to be credited  to  and
 9    paid to a particular fund.
10        (g)  A public agency may purchase or invest in repurchase
11    agreements  of  government  securities having the meaning set
12    out in the Government Securities Act of 1986 subject  to  the
13    provisions of said Act and the regulations issued thereunder.
14    The  government securities, unless registered or inscribed in
15    the name of the public agency,  shall  be  purchased  through
16    banks  or  trust  companies  authorized to do business in the
17    State of Illinois.
18        (h)  Except  for  repurchase  agreements  of   government
19    securities which are subject to the Government Securities Act
20    of   1986,  no  public  agency  may  purchase  or  invest  in
21    instruments which constitute repurchase  agreements,  and  no
22    financial  institution  may enter into such an agreement with
23    or on behalf of any public agency unless the  instrument  and
24    the transaction meet the following requirements:
25             (1)  The  securities, unless registered or inscribed
26        in the name of the public agency, are  purchased  through
27        banks or trust companies authorized to do business in the
28        State of Illinois.
29             (2)  An authorized public officer after ascertaining
30        which firm will give the most favorable rate of interest,
31        directs   the  custodial  bank  to  "purchase"  specified
32        securities from a designated institution. The  "custodial
33        bank"  is  the  bank  or  trust  company,  or  agency  of
34        government,   which   acts   for  the  public  agency  in
 
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 1        connection  with  repurchase  agreements  involving   the
 2        investment  of  funds  by  the  public  agency. The State
 3        Treasurer may act as custodial bank for  public  agencies
 4        executing  repurchase  agreements.   To  the  extent  the
 5        Treasurer  acts in this capacity, he is hereby authorized
 6        to pass through  to  such  public  agencies  any  charges
 7        assessed by the Federal Reserve Bank.
 8             (3)  A  custodial  bank must be a member bank of the
 9        Federal Reserve System or maintain accounts  with  member
10        banks.   All  transfers  of book-entry securities must be
11        accomplished on a Reserve Bank's computer records through
12        a member  bank  of  the  Federal  Reserve  System.  These
13        securities  must  be credited to the public agency on the
14        records of the custodial bank and the transaction must be
15        confirmed  in  writing  to  the  public  agency  by   the
16        custodial bank.
17             (4)  Trading  partners  shall be limited to banks or
18        trust companies authorized to do business in the State of
19        Illinois or to registered primary reporting dealers.
20             (5)  The security interest must be perfected.
21             (6)  The public agency enters into a written  master
22        repurchase    agreement    which   outlines   the   basic
23        responsibilities  and  liabilities  of  both  buyer   and
24        seller.
25             (7)  Agreements  shall be for periods of 330 days or
26        less.
27             (8)  The authorized public  officer  of  the  public
28        agency  informs  the  custodial  bank  in  writing of the
29        maturity details of the repurchase agreement.
30             (9)  The custodial bank must take  delivery  of  and
31        maintain the securities in its custody for the account of
32        the  public agency and confirm the transaction in writing
33        to the public agency.  The  Custodial  Undertaking  shall
34        provide  that  the  custodian  takes  possession  of  the
 
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 1        securities  exclusively  for  the public agency; that the
 2        securities are free of any  claims  against  the  trading
 3        partner;  and any claims by the custodian are subordinate
 4        to  the  public  agency's  claims  to  rights  to   those
 5        securities.
 6             (10)  The  obligations  purchased by a public agency
 7        may only be sold or presented for redemption  or  payment
 8        by  the  fiscal  agent  bank or trust company holding the
 9        obligations upon the written instruction  of  the  public
10        agency or officer authorized to make such investments.
11             (11)  The  custodial  bank  shall  be  liable to the
12        public agency for  any  monetary  loss  suffered  by  the
13        public agency due to the failure of the custodial bank to
14        take and maintain possession of such securities.
15        (i)  Notwithstanding   the   foregoing   restrictions  on
16    investment in instruments constituting repurchase  agreements
17    the Illinois Housing Development Authority may invest in, and
18    any   financial   institution   with   capital  of  at  least
19    $250,000,000 may  act  as  custodian  for,  instruments  that
20    constitute  repurchase agreements, provided that the Illinois
21    Housing  Development   Authority,   in   making   each   such
22    investment, complies with the safety and soundness guidelines
23    for   engaging   in  repurchase  transactions  applicable  to
24    federally insured banks,  savings  banks,  savings  and  loan
25    associations or other depository institutions as set forth in
26    the Federal Financial Institutions Examination Council Policy
27    Statement Regarding Repurchase Agreements and any regulations
28    issued,  or  which  may  be issued by the supervisory federal
29    authority pertaining  thereto  and  any  amendments  thereto;
30    provided  further  that  the  securities  shall be either (i)
31    direct general obligations of, or obligations the payment  of
32    the principal of and/or interest on which are unconditionally
33    guaranteed  by,  the  United  States  of  America or (ii) any
34    obligations of any agency, corporation or subsidiary  thereof
 
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 1    controlled  or supervised by and acting as an instrumentality
 2    of the United States Government pursuant to authority granted
 3    by the Congress of the United  States  and  provided  further
 4    that  the  security  interest must be perfected by either the
 5    Illinois Housing Development Authority, its custodian or  its
 6    agent   receiving   possession   of   the  securities  either
 7    physically or transferred  through  a  nationally  recognized
 8    book entry system.
 9        (j)  In  addition  to  all  other  investments authorized
10    under this Section, a community college district  may  invest
11    public  funds  in  any  mutual funds that invest primarily in
12    corporate investment grade or global  government  short  term
13    bonds.  Purchases  of  mutual  funds that invest primarily in
14    global government short term bonds shall be limited to  funds
15    with  assets  of  at least $100 million and that are rated at
16    the time of purchase as one of the 10 highest classifications
17    established by a recognized rating service.  The  investments
18    shall  be  subject to approval by the local community college
19    board of trustees.  Each community college board of  trustees
20    shall  develop  a  policy  regarding  the  percentage  of the
21    college's investment portfolio that can be invested  in  such
22    funds.
23        Nothing  in  this Section shall be construed to authorize
24    an intergovernmental risk management  entity  to  accept  the
25    deposit of public funds except for risk management purposes.
26    (Source: P.A. 90-319, eff. 8-1-97.)

27        (30 ILCS 235/6) (from Ch. 85, par. 906)
28        Sec. 6. Report of financial institutions.
29        (a)  No bank shall receive any public funds unless it has
30    furnished  the  corporate  authorities  of  a  public  agency
31    submitting  a  deposit  with  copies  of  the  last two sworn
32    statements of resources and liabilities  which  the  bank  is
33    required  to  furnish  to  the Commissioner of Banks and Real
 
                            -15-               LRB9207098JMmb
 1    Estate or to the Comptroller  of  the  Currency.   Each  bank
 2    designated  as  a  depository  for  public funds shall, while
 3    acting as such depository, furnish the corporate  authorities
 4    of a public agency with a copy of all statements of resources
 5    and  liabilities  which  it  is  required  to  furnish to the
 6    Commissioner of Banks and Real Estate or to  the  Comptroller
 7    of  the  Currency; provided, that if such funds or moneys are
 8    deposited in a bank, the amount  of  all  such  deposits  not
 9    collateralized  or  insured  by  an  agency  of  the  federal
10    government  shall  not  exceed  75%  of the capital stock and
11    surplus of such bank, and  the  corporate  authorities  of  a
12    public  agency  submitting  a deposit shall not be discharged
13    from responsibility for any funds or moneys deposited in  any
14    bank in excess of such limitation.
15        (b)  No  savings  bank  or  savings  and loan association
16    shall receive  public  funds  unless  it  has  furnished  the
17    corporate authorities of a public agency submitting a deposit
18    with  copies  of the last 2 sworn statements of resources and
19    liabilities which  the  savings  bank  or  savings  and  loan
20    association  is  required  to  furnish to the Commissioner of
21    Banks and  Real  Estate  or  the  Federal  Deposit  Insurance
22    Corporation.    Each   savings   bank  or  savings  and  loan
23    association designated  as  a  depository  for  public  funds
24    shall, while acting as such depository, furnish the corporate
25    authorities  of a public agency with a copy of all statements
26    of resources and liabilities which it is required to  furnish
27    to  the  Commissioner of Banks and Real Estate or the Federal
28    Deposit Insurance Corporation; provided, that if  such  funds
29    or moneys are deposited in a savings bank or savings and loan
30    association,   the   amount   of   all   such   deposits  not
31    collateralized  or  insured  by  an  agency  of  the  federal
32    government shall not exceed 75% of  the  net  worth  of  such
33    savings  bank  or  savings and loan association as defined by
34    the Federal Deposit Insurance Corporation, and the  corporate
 
                            -16-               LRB9207098JMmb
 1    authorities of a public agency submitting a deposit shall not
 2    be  discharged  from  responsibility  for any funds or moneys
 3    deposited in any savings bank or savings and loan association
 4    in excess of such limitation.
 5        (c)  (Blank). No credit union shall receive public  funds
 6    unless it has furnished the corporate authorities of a public
 7    agency submitting a share deposit with copies of the last two
 8    reports  of  examination  prepared  by  or  submitted  to the
 9    Illinois Department of Financial Institutions or the National
10    Credit Union Administration.  Each credit union designated as
11    a depository for public funds shall,  while  acting  as  such
12    depository,  furnish  the  corporate  authorities of a public
13    agency with a copy of all reports of examination prepared  by
14    or   furnished   to  the  Illinois  Department  of  Financial
15    Institutions or the  National  Credit  Union  Administration;
16    provided  that  if  such  funds  or  moneys are invested in a
17    credit union account, the amount of all such investments  not
18    collateralized  or  insured  by  an  agency  of  the  federal
19    government  or  other approved share insurer shall not exceed
20    50% of the unimpaired capital  and  surplus  of  such  credit
21    union,  which  shall  include  shares, reserves and undivided
22    earnings and the corporate authorities  of  a  public  agency
23    making   an   investment   shall   not   be  discharged  from
24    responsibility for any funds or moneys invested in  a  credit
25    union in excess of such limitation.
26        (d)  Whenever  a  public agency deposits any public funds
27    in a financial institution, the public agency may enter  into
28    an  agreement  with  the  financial institution requiring any
29    funds  not  insured  by   the   Federal   Deposit   Insurance
30    Corporation  or  the  National Credit Union Administration or
31    other  approved  share  insurer  to  be   collateralized   by
32    securities,  mortgages, letters of credit issued by a Federal
33    Home Loan Bank, or loans covered by a  State  Guaranty  under
34    the  Illinois  Farm  Development Act in an amount equal to at
 
                            -17-               LRB9207098JMmb
 1    least  market  value  of  that  amount  of  funds   deposited
 2    exceeding  the  insurance  limitation provided by the Federal
 3    Deposit Insurance Corporation or the  National  Credit  Union
 4    Administration or other approved share insurer.
 5        (e)  Paragraphs (a), (b), (c), and (d) of this Section do
 6    not  apply  to  the University of Illinois, Southern Illinois
 7    University,  Chicago  State  University,   Eastern   Illinois
 8    University,   Governors   State  University,  Illinois  State
 9    University,  Northeastern   Illinois   University,   Northern
10    Illinois   University,   Western   Illinois  University,  the
11    Cooperative Computer Center and public community colleges.
12    (Source: P.A. 91-324, eff. 1-1-00; 91-773, eff. 6-9-00.)

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