State of Illinois
91st General Assembly
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Public Act 91-0324

HB2047 Enrolled                                LRB9105499DHmg

    AN ACT to  amend  the  Public  Funds  Investment  Act  by
changing Section 6.

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

    Section 5.  The Public Funds Investment Act is amended by
changing Section 6 as follows:

    (30 ILCS 235/6) (from Ch. 85, par. 906)
    Sec. 6. Report of financial institutions.
    (a)  No bank shall receive any public funds unless it has
furnished  the  corporate  authorities  of  a  public  agency
submitting a deposit  with  copies  of  the  last  two  sworn
statements  of  resources  and  liabilities which the bank is
required to furnish to the Commissioner  of  Banks  and  Real
Estate  or  to  the  Comptroller  of the Currency.  Each bank
designated as a depository  for  public  funds  shall,  while
acting  as such depository, furnish the corporate authorities
of a public agency with a copy of all statements of resources
and liabilities which  it  is  required  to  furnish  to  the
Commissioner  of  Banks and Real Estate or to the Comptroller
of the Currency; provided, that if such funds or  moneys  are
deposited  in  a  bank,  the  amount of all such deposits not
collateralized  or  insured  by  an  agency  of  the  federal
government shall not exceed 75%  of  the  capital  stock  and
surplus  of  such  bank,  and  the corporate authorities of a
public agency submitting a deposit shall  not  be  discharged
from  responsibility for any funds or moneys deposited in any
bank in excess of such limitation.
    (b)  No savings bank  or  savings  and  loan  association
shall  receive  public  funds  unless  it  has  furnished the
corporate authorities of a public agency submitting a deposit
with copies of the last 2 sworn statements of  resources  and
liabilities  which  the  savings  bank  or  savings  and loan
association is required to furnish  to  the  Commissioner  of
Banks  and  Real  Estate  or  the  Federal  Deposit Insurance
Corporation.   Each  savings  bank  or   savings   and   loan
association  designated  as  a  depository  for  public funds
shall, while acting as such depository, furnish the corporate
authorities of a public agency with a copy of all  statements
of  resources and liabilities which it is required to furnish
to the Commissioner of Banks and Real Estate or  the  Federal
Deposit  Insurance  Corporation; provided, that if such funds
or moneys are deposited in a savings bank or savings and loan
association,  the   amount   of   all   such   deposits   not
collateralized  or  insured  by  an  agency  of  the  federal
government  shall  not  exceed  75%  of the net worth of such
savings bank or savings and loan association  as  defined  by
the  Federal Deposit Insurance Corporation, and the corporate
authorities of a public agency submitting a deposit shall not
be discharged from responsibility for  any  funds  or  moneys
deposited in any savings bank or savings and loan association
in excess of such limitation.
    (c)  No credit union shall receive public funds unless it
has  furnished  the  corporate authorities of a public agency
submitting a share  deposit  with  copies  of  the  last  two
reports  of  examination  prepared  by  or  submitted  to the
Illinois Department of Financial Institutions or the National
Credit Union Administration.  Each credit union designated as
a depository for public funds shall,  while  acting  as  such
depository,  furnish  the  corporate  authorities of a public
agency with a copy of all reports of examination prepared  by
or   furnished   to  the  Illinois  Department  of  Financial
Institutions or the  National  Credit  Union  Administration;
provided  that  if  such  funds  or  moneys are invested in a
credit union account, the amount of all such investments  not
collateralized  or  insured  by  an  agency  of  the  federal
government  or  other approved share insurer shall not exceed
50% of the unimpaired capital  and  surplus  of  such  credit
union,  which  shall  include  shares, reserves and undivided
earnings and the corporate authorities  of  a  public  agency
making   an   investment   shall   not   be  discharged  from
responsibility for any funds or moneys invested in  a  credit
union in excess of such limitation.
    (d)  Whenever  a  public agency deposits any public funds
in a financial institution, the public agency may enter  into
an  agreement  with  the  financial institution requiring any
funds  not  insured  by   the   Federal   Deposit   Insurance
Corporation  or  the  National Credit Union Administration or
other  approved  share  insurer  to  be   collateralized   by
securities,  or  mortgages,  or  loans  covered  by  a  State
Guaranty under the Illinois Farm Development Act in an amount
equal  to  at  least  market  value  of  that amount of funds
deposited exceeding the insurance limitation provided by  the
Federal  Deposit Insurance Corporation or the National Credit
Union Administration or other approved share insurer.
    (e)  Paragraphs (a), (b), (c), and (d) of this Section do
not apply to the University of  Illinois,  Southern  Illinois
University,   Chicago   State  University,  Eastern  Illinois
University,  Governors  State  University,   Illinois   State
University,   Northeastern   Illinois   University,  Northern
Illinois  University,  Western   Illinois   University,   the
Cooperative Computer Center and public community colleges.
(Source: P.A. 89-4, eff. 1-1-96; 89-508, eff. 7-3-96.)

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