(5 ILCS 260/0.01) (from Ch. 103, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Official Bond Act.
(Source: P.A. 86-1324.)
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(5 ILCS 260/1) (from Ch. 103, par. 1)
Sec. 1.
All official bonds required by law to be given by any public
officer or public employee, excluding executors,
administrators and guardians, in this State shall be signed by
that officer or employee, and his or her securities, and acknowledged before an
officer
authorized by law to take acknowledgments of instruments substantially in the
following form:
State of ....County of ....
I, ...., certify that .... who is personally known to me to be
the same person whose name is subscribed to
the foregoing instrument, appeared before me this day in person and
acknowledged that he or she signed and delivered the instrument as
his or her free and voluntary act.
Signature (Seal)
The acknowledgment shall be prima facie evidence
that the instrument was signed and acknowledged in the manner stated and shall have the same effect as evidence in all legal proceedings as that given to an
acknowledgement of a deed of conveyance of
real estate. Each public officer or employee who is required to give an official bond may be required by the court, officer, or board whose duty it is to
take or approve the bond, to give additional surety or new
bond whenever the security of the original bond has become
insufficient by the subsequent insolvency, death or removal of any of the
sureties, or when for any cause the bond is
deemed insufficient. Any officer or employee who fails to give
bond when required, under this Section, within 10 days
after he or she is notified in writing of the request, shall
be deemed to have vacated his or her office.
(Source: P.A. 89-364, eff. 8-18-95.)
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(5 ILCS 260/2) (from Ch. 103, par. 2)
Sec. 2.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(5 ILCS 260/3) (from Ch. 103, par. 3)
Sec. 3.
It shall be the duty of the judge of the circuit court of each
county, except of the County of Cook, and of the Chief Justice of said
court in Cook County, during the months of January and July in each year,
in open court, to examine and inquire into the sufficiency of all official
bonds required by law to be filed in the office of the clerks of their
respective courts.
(Source: Laws 1933, p. 721.)
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(5 ILCS 260/5) (from Ch. 103, par. 5)
Sec. 5.
It shall be the duty of the circuit courts
to cause to be entered of record in the respective courts, at the time
hereinbefore prescribed
for the making of such examinations, orders stating that an examination
and inquiry into
the sufficiency of the official bonds within their cognizance has been
made, and that they are severally deemed sufficient, or insufficient, as
the facts may justify.
(Source: P.A. 83-343.)
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(5 ILCS 260/6) (from Ch. 103, par. 6)
Sec. 6.
Any person having any pecuniary interest in the sufficiency of the
official bond of any of the officers hereinbefore referred to may appear
before the Governor or the court, as the case may be, at the time of the
examination of official bonds, and make suggestions in relation to the
sufficiency of any such bond, and offer any legal evidence tending to show
the same to be insufficient, and any officer whose bond is being examined
may also appear and introduce any legal evidence tending to show the
sufficiency of his official bond.
(Source: R.S. 1874, p. 728.)
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(5 ILCS 260/7) (from Ch. 103, par. 7)
Sec. 7.
If, upon any examination by either of said judges, he is of opinion
that for any reason the bond of any officer is insufficient, he shall cause
to be issued from his court a summons to such officer to appear before said
court on a day fixed therein, to show cause why he should not be required
to give a new bond with sufficient surety.
(Source: R.S. 1874, p. 728.)
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(5 ILCS 260/8) (from Ch. 103, par. 8)
Sec. 8.
If such officer fails to satisfy the court that his official bond
is sufficient, the court shall require him, within such time as it shall
direct, not exceeding thirty days, to give a new bond, with sufficient
sureties, to be approved in the same manner as the bonds of such officers
are required by law to be approved.
(Source: R.S. 1874, p. 728.)
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(5 ILCS 260/9) (from Ch. 103, par. 9)
Sec. 9.
If any such officer fails to give such new bond within the time
prescribed, he shall be deemed to have vacated his office, and the vacancy
shall be filled as required by law.
(Source: R.S. 1874, p. 728.)
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(5 ILCS 260/10) (from Ch. 103, par. 10)
Sec. 10.
When a surety upon the official bond of any state officer or
agent, county, town, city, village, incorporated town or other public
officer, or the heir, executor or administrator of such surety, desires to
be released from such bond, he may give notice in writing to the officer
upon whose bond he is surety that he desires to be so released, and that
such officer give a new bond with sufficient sureties within ten days after
receiving such notice, and may within five days after the service of such
notice deliver a copy of the same, with an affidavit showing the time and
manner of service, to the court, officer, or board authorized to approve
the bonds of such officers. And if such officer shall not within ten days
after receiving such notice, or within such further time, not exceeding
twenty days, as the court, officer or board shall allow, give a new bond
with sufficient security, approved as required by law, his office shall
become vacant, and the vacancy shall be filled as provided by law.
(Source: R.S. 1874, p. 728.)
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(5 ILCS 260/11) (from Ch. 103, par. 11)
Sec. 11.
If a new bond is given by any officer, as provided in the
foregoing Sections of this Act, then the former sureties shall be entirely
released and discharged from all liabilities incurred by such officer
in consequence of business which is discovered from and after the
time of the approval of the new bond, and the sureties to the new bond
are hereby declared to be liable for all the official delinquencies of the
officer, whether of omission or commission, which may occur after the
approval of the new bond as above stated; but the
provisions of this Act shall
not be so construed as to operate as a release of the sureties of any of
the above stated officers, for liabilities incurred
previous to the filing of
a new bond, as required in the foregoing Sections of this Act.
(Source: P.A. 84-550.)
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(5 ILCS 260/12) (from Ch. 103, par. 12)
Sec. 12.
It shall be the duty of such officer, if he shall fail to give
bond as provided for in this act, forthwith to deliver over to his sureties
all books, moneys, vouchers, papers, and every description of property
whatever pertaining to his office, and the said sureties may, at any time
after said failure to file said bond, maintain an action of replevin, or
other appropriate action, to recover such property, money or effects from
their said principal.
(Source: R.S. 1874, p. 728.)
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(5 ILCS 260/13) (from Ch. 103, par. 13)
Sec. 13.
Whenever the condition of the bond of any public officer is
violated, action may be instituted on the bond, and prosecuted to
final judgment against the officer, and any or all of the
sureties, or against one or more of them, jointly and severally, without first
establishing the liability of the principal by obtaining judgment against him
or her alone.
(Source: P.A. 89-364, eff. 8-18-95.)
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(5 ILCS 260/14) (from Ch. 103, par. 14)
Sec. 14.
Enforcement may be had on any
judgment so entered as in other civil
cases, but the officer executing the same shall not levy upon the property
of the sureties until he shall fail to find sufficient property of the
principal to satisfy such judgment;
however, the judgment shall be a lien upon the property of the sureties as
in other civil cases.
(Source: P.A. 85-1440.)
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(5 ILCS 260/14.1) (from Ch. 103, par. 14.1)
Sec. 14.1.
Wherever State officers, State employees or officers, trustees,
members or employees of any department, board, bureau, commission, university,
authority, or other unit of State government are required by law, now or
hereinafter enacted, to obtain a fidelity or surety bond or bonds to qualify
for office, the bonding requirement shall be satisfied by a blanket bond
or bonds contracted for as provided in the Illinois Purchasing Act, by the
Department of Central Management Services or by a program of
self-insurance established by such Department.
(Source: P.A. 86-12.)
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(5 ILCS 260/14.2) (from Ch. 103, par. 14.2)
Sec. 14.2.
The penal sum of the blanket bond or bonds shall be fixed by
the Director of Central Management Services with the approval
of the Governor and shall satisfy
the bonding requirements of other laws, heretofore or hereinafter enacted,
if the blanket bond amount or amounts per loss are equal to or greater than
the bond amount required per person in said other laws. The blanket bond
or bonds may contain a deductible or self-insurance provision in an
amount determined by the
Director of Central Management Services to be consistent
with economic Risk Management.
(Source: P.A. 86-12.)
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(5 ILCS 260/14.3) (from Ch. 103, par. 14.3)
Sec. 14.3.
All departments, boards, bureaus, commissions, authorities,
or other units of State government except
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western Illinois University,
the Board of Trustees of the University of Illinois, and the Board of Trustees
of Southern Illinois University that bond officers or employees who are
not required by law to obtain bonds to qualify for office or employment,
shall effect such bonding through the
Department of Central Management Services by inclusion
in the blanket bond or bonds or self-insurance program provided for in
Sections 14.1 and 14.2 of this Act.
(Source: P.A. 89-4, eff. 1-1-96.)
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(5 ILCS 260/14.4) (from Ch. 103, par. 14.4)
Sec. 14.4.
The blanket bond or bonds provided for in Sections 14.1 and
14.2 of this Act shall be payable to the People of the State of Illinois
for the use and benefit of the agency employing the bonded officer or employee
and shall be with a surety company or companies approved by the Director
of Central Management Services and authorized to do business
in the State under the laws thereof. Such bond or bonds shall be subject
to the approval of the Governor and of the Attorney General of the State
of Illinois, and shall, when executed and so approved, be filed in the office
of the Secretary of State.
(Source: P.A. 82-789.)
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(5 ILCS 260/14.5) (from Ch. 103, par. 14.5)
Sec. 14.5.
The Department of Central Management Services
shall make an equitable distribution of the cost of the blanket bond or
bonds or self-insurance program provided for in Sections 14.1 and 14.2
of this Act between the agencies
whose officers and employees are bonded. Such costs of a blanket bond or
bonds shall be paid out of
the appropriate funds of the agency to the surety or surety companies or
their authorized representatives through the Department of Central Management
Services.
Claims and administrative costs of a self-insurance program shall be
paid on a pro rata and per occurrence basis out of appropriate
funds of the self-insured agency.
(Source: P.A. 86-12.)
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