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Distribution of unclaimed dividends — after receivership

When a company has been liquidated and unclaimed dividends remain after termination of the receivership, the proper distribution of the dividends is to apply them first to claimants against the company and then, if any funds remain, to the company's stockholders. The same procedure is followed with all interest earned on the unclaimed dividends, even though the rate of interest earned may exceed the rate of 3 percent per annum. Although section 65 of the Illinois Banking Act stipulates that the distribution of the unclaimed dividends should not occur before one year from the date of entry of the decree of dissolution, this fact does not change the procedure. In fact, the delay operates to protect the rights of the claimants without depriving the stockholders of their rights to the money. These questions arose in the liquidation of the First State Bank of Westmont, which, after the year wait, still had $2,024.42 in nonnegotiated or undeliverable checks. (File No. 82-048)

Intermediate tax distributions

Township collectors are required to make intermediate settlements and distribute tax monies to incorporated towns, cities, villages, road and school districts and to counties which request such settlements. The courts, however, have not considered the issue. Tax monies are turned over to the county collector at partial and final settlement times. (File No. 82-050)

Disposition of bail bond forfeitures for overweight vehicles

When a vehicle weighs more than a road's weight limit, the driver is required to post a cash bail bond determined by the amount of excess weight (Sec. 15-111 of the Illinois Vehicle Code). If this bail is forfeited and the violation occurred on a highway outside a municipality or park district, the state is entitled to the forfeited moneys for the Road Fund — except for the cost to county authorities for prosecuting the violation. Forfeitures were included in the definition of penalty in a 1979 Illinois appellate court case, Wilkes v. Deerfield-Bannockburn Fire District. (File No. 82-047)

Compatible offices

The offices of park district commissioner and county treasurer are compatible and may be held by the same person at the same time. No constitutional or statutory provision prohibits the action, and the character of the two offices is such that the holder of either office could fully perform the functions of the other without interference in duties. (File No. 82-039 [NP])

County officers and attorney fees

In the absence of the appointment by the court of a special state's attorney, a county is not liable for attorney fees and litigation expenses incurred by county officers. It is the duty of the state's attorney to commence and prosecute all actions and proceedings brought by any county officer in such officer's official capacity. However, when a conflict of interest prevents a state's attorney from fulfilling this duty, a special state's attorney may be appointed by the court in which the cause or proceeding is pending (Ill. Rev. Stat. 1981, ch. 14, sec. 5-6, and Attorney General Opinion issued by Attorney General William J. Scott May 24, 1974). Should an officer engage private counsel without the requisite court appointment, the county is not responsible for the cost. (File No. 83-001)

'Fire watch' mine inspections

A "fire watch" cannot be performed in a mine without a pre-shift examination of the mine, even though a "fire watch" is itself a type of examination. A "fire watch" is the inspection of a mine by a certified mine examiner when the mine is not being operated. A mine examiner is defined in section 1.10 of the Coal Mining Act (Ill. Rev. Stat. 1981, ch. 96½, sec. 260) as the person charged with the examination of the underground workings of the mine, under the supervision of the mine manager. Under section 6.04 of the Coal Mining Act, a pre-shift examination of a mine must be made by a certified mine examiner within four hours prior to any work, whether it is coal or noncoal producing work — even the "fire watch." (File No. 83-002)

Deposits to general revenue fund

The Department of Central Management Services is not authorized to direct the deposit of proceeds from sales of electronic data processing equipment into the Statistical Services Revolving Fund. All moneys received by officers and employees of the State of Illinois by virtue of their office or employment must be paid into the general revenue fund (Ill. Rev. Stat. 1981, ch. 127, sec. 171 as amended by Public Act 82-789) unless required by some statute to be held in a separate or special fund. The Statistical Services Revolving Fund should be used by the Department of Central Management Services for reimbursement of expenditures incurred in rendering statistical services. (File No. 83-003)□

May 1983 | Illinois Issues | 33