IL
Illinois House Bill HB3483

Illinois 2023-2024 Regular Session

Illinois House Bill HB3483 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3483 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: See Index Creates the Consumer Financial Protection Law. Creates the Financial Protection Fund. Sets forth provisions concerning findings and purpose, exemptions, administration of the provisions, funds, supervision, registration requirements, consumer protection, cybersecurity, anti-fraud and anti-money laundering, enforcement, procedures, and rulemaking. Defines terms. Makes conforming changes in the Freedom of Information Act and the State Finance Act. Changes the name of the Financial Institutions Code to the Financial Institutions Act. Sets forth additional powers and duties of the Division of Financial Institutions. Sets forth provisions concerning court orders, penalty of perjury, character and fitness of licensees, and consent orders and settlement agreements. Removes specified provisions. Defines terms. Makes other changes. Makes a conforming change in the Collection Agency Act. Amends the Currency Exchange Act, the Sales Finance Agency Act, the Debt Management Service Act, the Consumer Installment Loan Act, and the Debt Settlement Consumer Protection Act. Changes application, license, and examination fees. Effective January 1, 2024. LRB103 27826 BMS 54204 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3483 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: See Index See Index Creates the Consumer Financial Protection Law. Creates the Financial Protection Fund. Sets forth provisions concerning findings and purpose, exemptions, administration of the provisions, funds, supervision, registration requirements, consumer protection, cybersecurity, anti-fraud and anti-money laundering, enforcement, procedures, and rulemaking. Defines terms. Makes conforming changes in the Freedom of Information Act and the State Finance Act. Changes the name of the Financial Institutions Code to the Financial Institutions Act. Sets forth additional powers and duties of the Division of Financial Institutions. Sets forth provisions concerning court orders, penalty of perjury, character and fitness of licensees, and consent orders and settlement agreements. Removes specified provisions. Defines terms. Makes other changes. Makes a conforming change in the Collection Agency Act. Amends the Currency Exchange Act, the Sales Finance Agency Act, the Debt Management Service Act, the Consumer Installment Loan Act, and the Debt Settlement Consumer Protection Act. Changes application, license, and examination fees. Effective January 1, 2024. LRB103 27826 BMS 54204 b LRB103 27826 BMS 54204 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3483 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 Creates the Consumer Financial Protection Law. Creates the Financial Protection Fund. Sets forth provisions concerning findings and purpose, exemptions, administration of the provisions, funds, supervision, registration requirements, consumer protection, cybersecurity, anti-fraud and anti-money laundering, enforcement, procedures, and rulemaking. Defines terms. Makes conforming changes in the Freedom of Information Act and the State Finance Act. Changes the name of the Financial Institutions Code to the Financial Institutions Act. Sets forth additional powers and duties of the Division of Financial Institutions. Sets forth provisions concerning court orders, penalty of perjury, character and fitness of licensees, and consent orders and settlement agreements. Removes specified provisions. Defines terms. Makes other changes. Makes a conforming change in the Collection Agency Act. Amends the Currency Exchange Act, the Sales Finance Agency Act, the Debt Management Service Act, the Consumer Installment Loan Act, and the Debt Settlement Consumer Protection Act. Changes application, license, and examination fees. Effective January 1, 2024.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Article 1. General Provisions
1515 5 Section 1-1. Short title. This Act may be cited as the
1616 6 Consumer Financial Protection Law.
1717 7 Section 1-5. Definitions.
1818 8 (a) As used in this Act:
1919 9 "Affiliate" means any person that controls, is controlled
2020 10 by, or is under common control with another person. For
2121 11 purposes of this definition, "control" means the possession,
2222 12 direct or indirect, of the power to direct or cause the
2323 13 direction of the management and policies of a person.
2424 14 "Confidential supervisory information" means that the
2525 15 record or information is exempt from public disclosure under
2626 16 any federal or State statute or rules and regulations
2727 17 implementing federal or State statute.
2828 18 "Consumer" means an individual; an agent, trustee, or
2929 19 representative acting on behalf of an individual; or the
3030 20 estate, trust, or joint trust of an individual, however
3131 21 denominated.
3232 22 "Covered employee" means any individual performing tasks
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3483 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
3737 See Index See Index
3838 See Index
3939 Creates the Consumer Financial Protection Law. Creates the Financial Protection Fund. Sets forth provisions concerning findings and purpose, exemptions, administration of the provisions, funds, supervision, registration requirements, consumer protection, cybersecurity, anti-fraud and anti-money laundering, enforcement, procedures, and rulemaking. Defines terms. Makes conforming changes in the Freedom of Information Act and the State Finance Act. Changes the name of the Financial Institutions Code to the Financial Institutions Act. Sets forth additional powers and duties of the Division of Financial Institutions. Sets forth provisions concerning court orders, penalty of perjury, character and fitness of licensees, and consent orders and settlement agreements. Removes specified provisions. Defines terms. Makes other changes. Makes a conforming change in the Collection Agency Act. Amends the Currency Exchange Act, the Sales Finance Agency Act, the Debt Management Service Act, the Consumer Installment Loan Act, and the Debt Settlement Consumer Protection Act. Changes application, license, and examination fees. Effective January 1, 2024.
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6767 1 related to the offering or provision of a financial product or
6868 2 service.
6969 3 "Department" means the Department of Financial and
7070 4 Professional Regulation.
7171 5 "Division of Banking" means the Division of Banking within
7272 6 the Department of Financial and Professional Regulation.
7373 7 "Division of Financial Institutions" means the Division of
7474 8 Financial Institutions within the Department of Financial and
7575 9 Professional Regulation.
7676 10 "Financial law" means a federal or Illinois law that
7777 11 directly and specifically regulates the manner, content, or
7878 12 terms and conditions of any financial transaction, or any
7979 13 account, product, or service related thereto, with respect to
8080 14 a consumer.
8181 15 "Financial product or service" means any financial product
8282 16 or financial service offered or provided by any person that is
8383 17 regulated or required to be regulated by the Department or any
8484 18 other financial product or service offered or sold to
8585 19 consumers.
8686 20 "Person" includes, without limitation, any individual,
8787 21 corporation, business trust, estate, trust, partnership,
8888 22 proprietorship, syndicate, limited liability company,
8989 23 association, joint venture, government, governmental
9090 24 subsection, agency, or instrumentality, public corporation or
9191 25 joint stock company, any other organization, or legal or
9292 26 commercial entity.
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103103 1 "Regulated person" or "person regulated" means, to the
104104 2 extent not preempted by federal law, any person that (1)
105105 3 engages in offering or providing a financial product or
106106 4 service to a resident of this State, (2) any affiliate of a
107107 5 regulated person, (3) service providers, and (4) related
108108 6 persons.
109109 7 "Related person" means (1) any director, officer, or
110110 8 employee charged with managerial responsibility for, or the
111111 9 controlling shareholder of, or an agent for, a regulated
112112 10 person; (2) any shareholder, consultant, joint venture
113113 11 partner, or other person, as determined by the Department, by
114114 12 rule or on a case-by-case basis, who materially participates
115115 13 in the conduct of the affairs of a regulated person; and (3)
116116 14 any independent contractor, including any attorney, appraiser,
117117 15 or accountant, who knowingly or recklessly participates in any
118118 16 (i) violation of any provision of law or regulation, or (ii)
119119 17 breach of a fiduciary duty.
120120 18 "Secretary" means the Secretary of Financial and
121121 19 Professional Regulation and any authorized representative of
122122 20 the Secretary.
123123 21 "Service provider" means any person that provides a
124124 22 material service to a regulated person in connection with the
125125 23 offering or provision by that regulated person of a financial
126126 24 product or service, including a person that either:
127127 25 (1) Participates in designing, operating, or
128128 26 maintaining the financial product or service.
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139139 1 (2) Processes transactions relating to the financial
140140 2 product or service, other than unknowingly or incidentally
141141 3 transmitting or processing financial data in a manner in
142142 4 which the data is undifferentiated from other types of
143143 5 data of the same form as the person transmits or
144144 6 processes.
145145 7 "Service provider" does not include a person solely by
146146 8 virtue of that person offering or providing to a regulated
147147 9 person either:
148148 10 (1) A support service of a type provided to businesses
149149 11 generally or a similar ministerial service.
150150 12 (2) Time or space for an advertisement for a financial
151151 13 product or service through print, newspaper, or electronic
152152 14 media.
153153 15 (b) Whenever the terms "include", "including", or terms of
154154 16 similar import appear in this Act, unless the context requires
155155 17 otherwise, such terms shall not be construed to imply the
156156 18 exclusion of any person, class, or thing not specifically
157157 19 included.
158158 20 (c) A reference in this Act to any other law or statute of
159159 21 this State, or of any other jurisdiction, means such law or
160160 22 statute as amended on the effective date of this Act, and
161161 23 unless the context otherwise requires, as amended thereafter.
162162 24 Section 1-10. Findings and purpose.
163163 25 (a) The General Assembly finds and declares the following:
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174174 1 (1) The lack of a dedicated financial services
175175 2 regulator with broad authority over providers of financial
176176 3 products and services has left the people of Illinois
177177 4 vulnerable to abuse and forced Illinois businesses to
178178 5 compete with unscrupulous providers. The victimization of
179179 6 Illinois consumers, including those who lack a safety net
180180 7 of personal or household financial resources, not only
181181 8 harms individuals but also has broader social and economic
182182 9 costs to the State, including increased caseloads for
183183 10 social safety net programs. These problems become even
184184 11 more acute in times of crisis, including disasters,
185185 12 financial crises, and economic recessions. Therefore, the
186186 13 General Assembly should enact statutory measures to
187187 14 protect the people of Illinois from abuses in the
188188 15 marketplace for financial products and services.
189189 16 (2) Technological innovation offers great promise for
190190 17 the more effective and efficient provision of financial
191191 18 products and services to the people of Illinois but also
192192 19 poses new risks to consumers and challenges to financial
193193 20 services regulators and law enforcement in addressing
194194 21 those risks. These challenges include, but are not limited
195195 22 to, preventing regulatory arbitrage, maintaining effective
196196 23 oversight of new providers of financial products and
197197 24 services, promoting the stability of Illinois financial
198198 25 institutions and the financial system, protecting the
199199 26 confidentiality, integrity, and availability of
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210210 1 information systems and consumer information stored on
211211 2 those information systems, and guarding against fraud,
212212 3 money laundering, terrorist financing, and other financial
213213 4 crimes.
214214 5 (3) Robust financial protections enable wealth
215215 6 building and promote a vibrant economy. They are
216216 7 especially important among various populations, including,
217217 8 but not limited to, low-income and moderate-income
218218 9 households, historically marginalized communities,
219219 10 military service members, seniors, students, and new
220220 11 residents of this State. Unfair, deceptive, or abusive
221221 12 practices in the provision of financial products and
222222 13 services undermine the public confidence that is essential
223223 14 to the continued functioning of the financial system,
224224 15 sound extensions of credit to consumers, and the
225225 16 protection of consumers.
226226 17 (4) It is the intent of the General Assembly to enact
227227 18 this Act to strengthen financial protections by expanding
228228 19 the ability of the Department of Financial and
229229 20 Professional Regulation to improve accountability and
230230 21 transparency in the Illinois financial system, provide
231231 22 financial education, and protect Illinois persons from
232232 23 abusive financial practices, while prioritizing the
233233 24 prevention of unethical businesses from harming the most
234234 25 vulnerable populations, including low-income and
235235 26 moderate-income households, historically marginalized
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246246 1 communities, military service members, seniors, students,
247247 2 and new residents of this State.
248248 3 (b) Among the purposes of this Act shall be the promotion
249249 4 of general welfare, fair competition, and wealth creation in
250250 5 this State, including by doing the following:
251251 6 (1) Promoting nondiscriminatory access to responsible,
252252 7 affordable credit on terms that reasonably reflect
253253 8 consumers' ability to repay.
254254 9 (2) Promoting nondiscriminatory access to financial
255255 10 products and services that are understandable and not
256256 11 unfair, deceptive, or abusive.
257257 12 (3) Protecting Illinois persons from discrimination
258258 13 and unfair, deceptive, and abusive acts and practices in
259259 14 connection with financial practices and services.
260260 15 (4) Promoting nondiscriminatory protective innovation
261261 16 in financial products and services.
262262 17 Section 1-15. Unlawful, unfair, deceptive, or abusive
263263 18 acts.
264264 19 (a) It is unlawful for a regulated person to do any of the
265265 20 following:
266266 21 (1) Engage, have engaged, or propose to engage in any
267267 22 unlawful, unfair, deceptive, or abusive act or practice
268268 23 with respect to financial products or services.
269269 24 (2) Offer or provide to a consumer any financial
270270 25 product or service not in conformity with any financial
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281281 1 law or otherwise commit any act or omission in violation
282282 2 of a financial law.
283283 3 (3) Fail or refuse, as required by a financial law or
284284 4 any rule or order issued by the Department under this Act,
285285 5 to do any of the following:
286286 6 (A) Permit the Department access to or copying of
287287 7 records.
288288 8 (B) Establish or maintain records.
289289 9 (C) Make reports or provide information to the
290290 10 Department.
291291 11 (b) For any person who provides substantial assistance to
292292 12 a regulated person in violation of subsection (a) or any rule
293293 13 or order issued under that provision, the provider of that
294294 14 substantial assistance shall be deemed to be in violation of
295295 15 that provision, rule, or order to the same extent as the person
296296 16 to whom that assistance is provided.
297297 17 (c) Notwithstanding subsection (b), a person shall not be
298298 18 held to have violated paragraph (1) of subsection (a) solely
299299 19 by virtue of providing or selling advertising time or space to
300300 20 a regulated person.
301301 21 Section 1-20. Employee protection against retaliation.
302302 22 (a) A regulated person shall not terminate or in any other
303303 23 way discriminate or retaliate against, or cause to be
304304 24 terminated or discriminated or retaliated against, any
305305 25 employee or any authorized representative of covered employees
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316316 1 by reason of the fact that the employee or representative,
317317 2 whether at the initiative of the employee or in the ordinary
318318 3 course of the duties of the employee, or any person acting
319319 4 pursuant to a request of the employee, has either:
320320 5 (1) Filed or instituted, or caused to be filed or
321321 6 instituted, any proceeding under any financial law.
322322 7 (2) Objected to, refused to participate in, or
323323 8 reported to the Department any activity, policy, practice,
324324 9 or assigned task that the employee or other such person
325325 10 reasonably believed to be in violation of any law, rule,
326326 11 order, standard, or prohibition, subject to the
327327 12 jurisdiction of, or enforceable by, the Department.
328328 13 (b) A violation of this Section is enforceable as a
329329 14 violation of the Whistleblower Act.
330330 15 (c) This Section does not restrict the remedies available
331331 16 under this Act.
332332 17 Section 1-25. Exemptions.
333333 18 (a) This Act shall not apply to any financial product or
334334 19 service for which registration, chartering, licensing, or any
335335 20 other express authorization is required by any State agency or
336336 21 department of State government, other than by the Department,
337337 22 but only to the extent the financial product or service is
338338 23 actually regulated for the purpose of consumer or investor
339339 24 protection by such State agency or department of State
340340 25 government.
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351351 1 (b) Products or services shall not be exempt from this Act
352352 2 solely because of the following:
353353 3 (1) they are subject to other general laws or
354354 4 regulations for the protection of consumers or investors;
355355 5 (2) they are subject to the Motor Vehicle Retail
356356 6 Installment Sales Act; or
357357 7 (3) they are subject to the Retail Installment Sales
358358 8 Act.
359359 9 Article 5. Administration
360360 10 Section 5-5. General powers and duties.
361361 11 (a) The Department shall regulate the offering and
362362 12 provision of financial products or services under Illinois
363363 13 financial laws, unless exempt pursuant to Section 1-25. To the
364364 14 extent permissible under federal financial laws, the
365365 15 Department shall exercise nonexclusive oversight and
366366 16 enforcement under the federal financial laws.
367367 17 (b) The Department shall have the functions, powers, and
368368 18 duties as are conferred by this Act, the Division of Banking
369369 19 Act, the Financial Institutions Act, and any other law
370370 20 relating to the Department. To the extent of any inconsistency
371371 21 between functions, powers, and duties granted to the
372372 22 Department in this Act and the Division of Banking Act, the
373373 23 Financial Institutions Act, and any other law, this Act shall
374374 24 control. The functions, powers, and duties granted to the
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385385 1 Department in the Division of Banking Act, the Financial
386386 2 Institutions Act, and any other law shall not be deemed as
387387 3 inconsistent with this Act so long as they give more
388388 4 protection to consumers or competition.
389389 5 (c) The Department shall have the following functions,
390390 6 powers, and duties in carrying out its responsibilities under
391391 7 this Act and any other financial law under the jurisdiction of
392392 8 or enforceable by the Department:
393393 9 (1) to issue or refuse to issue any license,
394394 10 registration, charter, certificate, or other
395395 11 authorization;
396396 12 (2) to revoke or suspend for cause any license,
397397 13 registration, charter, certificate, or other
398398 14 authorization;
399399 15 (3) to keep records of all licenses, registrations,
400400 16 charters, or other authorizations;
401401 17 (4) to receive, consider, investigate, and act upon
402402 18 complaints made by any person relating to a regulated
403403 19 person;
404404 20 (5) to prescribe the forms of and receive:
405405 21 (A) applications for licenses, registrations,
406406 22 charters, or other authorizations; and
407407 23 (B) all reports and all books and records required
408408 24 to be made by any regulated persons;
409409 25 (6) to subpoena documents and witnesses and compel
410410 26 their attendance and production, to administer oaths, and
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421421 1 to require the production of any books, papers, or other
422422 2 materials relevant to any inquiry authorized by this Act
423423 3 or other financial law under the jurisdiction of or
424424 4 enforceable by the Department;
425425 5 (7) to issue orders against any person:
426426 6 (A) if the Secretary has reasonable cause to
427427 7 believe that an unsafe, unsound, or unlawful practice
428428 8 has occurred, is occurring, or is about to occur;
429429 9 (B) if any person has violated, is violating, or
430430 10 is about to violate any law, rule, or written
431431 11 agreement with the Secretary; or
432432 12 (C) for the purpose of administering the
433433 13 provisions of this Act or other financial law and any
434434 14 rule adopted in accordance with this Act or other
435435 15 financial law;
436436 16 (8) to address any inquiries to any regulated person,
437437 17 or the directors, officers, or employees of the regulated
438438 18 person, in relation to the regulated person's activities
439439 19 and conditions or any other matter connected with its
440440 20 affairs, and it shall be the duty of any person so
441441 21 addressed to promptly reply in writing to those inquiries;
442442 22 the Secretary may also require reports from any regulated
443443 23 person at any time the Secretary chooses;
444444 24 (9) to examine the books and records of every
445445 25 regulated person;
446446 26 (10) to enforce the provisions of this Act and
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457457 1 Illinois and federal financial laws under the jurisdiction
458458 2 of or enforceable by the Department;
459459 3 (11) to levy fees, fines, civil penalties, charges for
460460 4 services, and assessments to defray operating expenses,
461461 5 including direct and indirect costs, of administering this
462462 6 Act and other financial laws under the jurisdiction of or
463463 7 enforceable by the Department;
464464 8 (12) to appoint examiners, supervisors, experts, and
465465 9 special assistants as needed to effectively and
466466 10 efficiently administer this Act and other financial laws
467467 11 under the jurisdiction of or enforceable by the
468468 12 Department;
469469 13 (13) to conduct hearings for the purpose of carrying
470470 14 out the purposes of this Act;
471471 15 (14) to exercise visitorial power over a regulated
472472 16 person;
473473 17 (15) to enter into cooperative agreements with federal
474474 18 and State regulatory authorities and to accept reports of
475475 19 examinations from federal and State regulatory
476476 20 authorities;
477477 21 (16) to assign on an emergency basis an examiner or
478478 22 examiners to monitor the affairs of a regulated person
479479 23 with whatever frequency the Secretary determines
480480 24 appropriate and to charge the regulated person for
481481 25 reasonable and necessary expenses of the Secretary if in
482482 26 the opinion of the Secretary an emergency exists or
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493493 1 appears likely to occur;
494494 2 (17) to impose civil penalties against a regulated
495495 3 person for failing to respond to a regulatory request or
496496 4 reporting requirement;
497497 5 (18) to conduct investigations, market surveillance,
498498 6 and research, studies, and analyses of matters affecting
499499 7 the interests of users of financial products and services;
500500 8 (19) to protect users of financial products and
501501 9 services, including by:
502502 10 (A) initiating and encouraging consumer and
503503 11 investor financial education programs and
504504 12 disseminating materials to educate users of financial
505505 13 products and services;
506506 14 (B) developing and implementing outreach and
507507 15 education programs to underserved consumers,
508508 16 investors, and communities;
509509 17 (C) providing technical assistance to federal
510510 18 regulatory agencies, other State agencies or
511511 19 departments of State government, units of local
512512 20 government, law enforcement, and not-for-profits in
513513 21 the development of consumer and investor protection
514514 22 measures with respect to financial products and
515515 23 services;
516516 24 (D) continuing and expanding the detection,
517517 25 investigation, and prevention of fraud, money
518518 26 laundering, terrorist financing, and other financial
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529529 1 crimes; and
530530 2 (E) taking such actions as the Secretary deems
531531 3 necessary to educate and protect users of financial
532532 4 products and services;
533533 5 (20) to develop and implement initiatives and programs
534534 6 to promote innovation, competition, and access to
535535 7 financial products and services; and
536536 8 (21) to perform any other lawful acts necessary or
537537 9 desirable to carry out the purposes and provisions of this
538538 10 Act and other financial laws.
539539 11 (d) The Department is authorized and encouraged to share
540540 12 any information obtained pursuant to this Act or any other law
541541 13 under the jurisdiction of or enforceable by the Department
542542 14 with law enforcement officials or other regulatory agencies.
543543 15 (e) The Secretary may establish such divisions, bureaus,
544544 16 and other units within the Department as may be necessary for
545545 17 the administration of the financial laws, and the proper
546546 18 exercise of his or her powers and the performance of his or her
547547 19 duties under those laws, and may, from time to time,
548548 20 reorganize, consolidate, or abolish such divisions, bureaus,
549549 21 or other units within the Department. Notwithstanding any
550550 22 inconsistent provision of law, the Secretary may determine the
551551 23 official functions of each division, bureau, or other unit
552552 24 within the Department. Except as may be otherwise provided by
553553 25 the Civil Administrative Code of Illinois, the Personnel Code,
554554 26 or other applicable law, there shall be a head of each
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565565 1 division, bureau, or other unit to be appointed by the
566566 2 Secretary, who shall serve at the pleasure of the Secretary.
567567 3 Section 5-10. Funds.
568568 4 (a) All moneys collected or received by the Department
569569 5 under this Act shall be deposited into the Financial
570570 6 Protection Fund, which is hereby created. The amounts
571571 7 deposited into the Financial Protection Fund shall be used for
572572 8 the ordinary and contingent expenses of the Department in
573573 9 administering this Act and other financial laws; nothing in
574574 10 this Act shall prevent the continuation of the practice of
575575 11 paying expenses involving salaries, retirement, social
576576 12 security, and State-paid insurance of State officers and
577577 13 employees by appropriation from the General Revenue Fund or
578578 14 any other fund. Moneys deposited into the Financial Protection
579579 15 Fund may be transferred to the Professions Indirect Cost Fund
580580 16 or any other Department fund.
581581 17 (b) The Department may set and collect an annual or
582582 18 quarterly assessment fee for each person required to register
583583 19 pursuant to Section 10-5, which may be scaled based on the size
584584 20 or market participation of the person. The assessment fee
585585 21 shall be limited to the reasonable regulatory costs under this
586586 22 Act incident to issuing registrations and performing
587587 23 investigations, inspections, examinations, audits, and
588588 24 supervisory activities; and the administrative enforcement and
589589 25 adjudication of the Department with respect to registrants.
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600600 1 The regulatory costs for the administrative enforcement of
601601 2 this Act are for the purposes of protecting consumers against
602602 3 unfair, deceptive, or abusive acts or practices in connection
603603 4 with any transaction involving the provision of financial
604604 5 products and services in this State; protecting registrants
605605 6 against unfair competition; improving accountability and
606606 7 transparency; and ensuring equitable enforcement of the
607607 8 financial laws. The cost of every inspection and examination
608608 9 of a regulated person conducted under the authority of this
609609 10 Act shall be paid to the Department by the regulated person
610610 11 examined and the Department may maintain an action for
611611 12 recovery of those costs in any court of competent
612612 13 jurisdiction. Nothing in this subsection shall alter or
613613 14 supersede the requirements for the cost of an examination
614614 15 conducted under the authority of any other law administered by
615615 16 the Department.
616616 17 (c) For each fiscal year commencing on or after the
617617 18 effective date of this Act, assessments to defray operating
618618 19 expenses, including all direct and indirect costs, of the
619619 20 Department in administering the financial laws, except
620620 21 expenses incurred in the administration of the Illinois
621621 22 Banking Act, the Savings Bank Act, the Corporate Fiduciary
622622 23 Act, and the Illinois Credit Union Act, may be assessed by the
623623 24 Department in accordance with this subsection. The Department
624624 25 may adopt rules to set and collect annual or quarterly
625625 26 assessment fees to defray operating expenses of administering
626626
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636636 1 each financial law, which shall be borne by and assessed
637637 2 against the person regulated by each financial law, and which
638638 3 may be scaled based on the size or market participation of such
639639 4 regulated persons. Nothing in this subsection shall limit the
640640 5 existing authority of the Department to levy fees, fines,
641641 6 civil penalties, charges, and assessments under other
642642 7 financial laws.
643643 8 (d) Fees and assessments paid pursuant to this Section are
644644 9 nonrefundable.
645645 10 Article 10. Supervision
646646 11 Section 10-5. Registration requirements.
647647 12 (a) The Department may adopt rules regarding registration
648648 13 requirements applicable to a regulated person engaged in the
649649 14 business of offering or providing a financial product or
650650 15 service, including, but not limited to, requiring a filing to
651651 16 be made under oath and requiring the payment of assessment
652652 17 fees. The Department may require registration through the
653653 18 Nationwide Multistate Licensing System and Registry or a
654654 19 provider of another multi-state licensing system.
655655 20 (b) Notwithstanding subsection (a), the Department shall
656656 21 not require the registration by any of the following:
657657 22 (1) A regulated person who is regulated by the
658658 23 Department under another law and who is providing a
659659 24 financial product or service within the scope of that
660660
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670670 1 other law.
671671 2 (2) A regulated person who is licensed or registered
672672 3 by another State agency or department of State government,
673673 4 other than the Department, unless the regulated person is
674674 5 offering or providing a financial product or service that
675675 6 is not regulated by the other agency.
676676 7 (c) The following procedures apply to the oversight of
677677 8 persons required to register under subsection (a):
678678 9 (1) The Department may adopt rules to facilitate
679679 10 oversight of regulated persons and assessment and
680680 11 detection of risks to consumers.
681681 12 (2) The Department may require a regulated person to
682682 13 generate, provide, or retain records for the purposes of
683683 14 facilitating oversight of those persons and assessing and
684684 15 detecting risks to consumers.
685685 16 (3) The Department may adopt rules regarding a
686686 17 regulated person to ensure that such persons are
687687 18 legitimate entities and are able to perform their
688688 19 obligations to consumers. Such rules may include
689689 20 background checks for principals, officers, directors, or
690690 21 key personnel and bonding or other appropriate financial
691691 22 and safety and soundness requirements.
692692 23 Section 10-10. Consumer protection.
693693 24 (a) The Department may adopt rules applicable to any
694694 25 regulated person identifying as unlawful, unfair, deceptive,
695695
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705705 1 or abusive acts or practices in connection with any
706706 2 transaction for a financial product or service, or the
707707 3 offering of a financial product or service. Rules adopted
708708 4 pursuant to this subsection may include requirements for the
709709 5 purpose of preventing those acts or practices.
710710 6 (b) The Department may adopt rules applicable to any
711711 7 regulated person to ensure that the features of any financial
712712 8 product or service, both initially and over the term of the
713713 9 product or service, are fully, accurately, and effectively
714714 10 disclosed to persons in a manner that permits persons to
715715 11 understand the costs, benefits, and risks associated with the
716716 12 product or service in light of the facts and circumstances.
717717 13 (c) In conducting any monitoring, regulatory, or
718718 14 supervision activity, the Department may gather information
719719 15 from time to time regarding the organization, business
720720 16 conduct, markets, and activities of any regulated person.
721721 17 (d) The Department may require any regulated person to
722722 18 file with the Department, under oath or otherwise, in a form
723723 19 and within a reasonable period of time as the Department may
724724 20 order, annual reports, special reports, or answers in writing
725725 21 to specific questions, as necessary for the Department to
726726 22 fulfill its monitoring, regulatory, supervision, and reporting
727727 23 responsibilities.
728728 24 (e) To clarify the applicability of State credit cost
729729 25 limitations, including rate and fee caps, to the offering and
730730 26 provision of financial products and services by a regulated
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741741 1 person, the Department may interpret and implement, including
742742 2 to prevent evasion, all Illinois credit cost provisions as to
743743 3 their applicability to financial products and services.
744744 4 Nothing in this subsection (e) shall be construed to give the
745745 5 Department authority to establish a usury limit applicable to
746746 6 an extension of credit offered or made by a regulated person to
747747 7 a person except as otherwise provided for by law.
748748 8 Section 10-15. Cybersecurity.
749749 9 (a) Each entity covered by this Section shall maintain a
750750 10 cybersecurity program that is consistent with any applicable
751751 11 federal and State laws and any rules adopted by the
752752 12 Department. It is unlawful for a covered entity to fail to
753753 13 comply with any requirement of this Section or any rule
754754 14 adopted by the Department. At a minimum, and subject to any
755755 15 rules adopted by the Department, each covered entity shall:
756756 16 (1) Maintain a cybersecurity program designed to
757757 17 protect the confidentiality, integrity, and availability
758758 18 of the covered entity's information systems and nonpublic
759759 19 information stored on those information systems.
760760 20 (2) Implement and maintain a written policy or
761761 21 policies, approved at least annually by a senior officer
762762 22 or the covered entity's board of directors, an appropriate
763763 23 committee thereof, or an equivalent governing body,
764764 24 setting forth the covered entity's policies and procedures
765765 25 for the protection of its information systems and
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776776 1 nonpublic information stored on those information systems.
777777 2 (3) Designate a qualified individual responsible for
778778 3 overseeing and implementing the covered entity's
779779 4 cybersecurity program and enforcing its cybersecurity
780780 5 policy or policies. The individual must have adequate
781781 6 authority to ensure cybersecurity risks are appropriately
782782 7 managed, including the ability to direct sufficient
783783 8 resources to implement and maintain a cybersecurity
784784 9 program. The individual may be employed by the covered
785785 10 entity, one of its affiliates, or a service provider.
786786 11 (b) To assist in carrying out this Section, the Department
787787 12 may adopt rules to define terms used in this Section and to
788788 13 establish specific requirements for the cybersecurity program
789789 14 required by subsection (a), including, but not limited to,
790790 15 rules related to:
791791 16 (1) penetration testing and vulnerability assessment;
792792 17 (2) audit trails;
793793 18 (3) access privileges;
794794 19 (4) application security;
795795 20 (5) risk assessment;
796796 21 (6) cybersecurity personnel and intelligence;
797797 22 (7) affiliates and service providers;
798798 23 (8) authentication;
799799 24 (9) data retention;
800800 25 (10) training and monitoring;
801801 26 (11) encryption;
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812812 1 (12) incident response;
813813 2 (13) notice of cybersecurity events; and
814814 3 (14) any other requirement necessary and appropriate
815815 4 for the protection of consumers, for the safety and
816816 5 soundness of the covered entity, or to effectuate the
817817 6 purposes of this Section.
818818 7 (c) Each covered entity shall notify the Department
819819 8 electronically as promptly as possible but in no event later
820820 9 than 72 hours after a determination that a cybersecurity event
821821 10 has occurred that is any of the following:
822822 11 (1) cybersecurity events impacting the covered entity
823823 12 of which notice is required to be provided to any
824824 13 government body, self-regulatory agency, or any other
825825 14 supervisory body;
826826 15 (2) cybersecurity events that have a reasonable
827827 16 likelihood of materially harming, disrupting, or degrading
828828 17 any material part of the normal operations of the covered
829829 18 entity;
830830 19 (3) cybersecurity events where an unauthorized user
831831 20 has gained access to a privileged account;
832832 21 (4) cybersecurity events that resulted in the
833833 22 deployment of ransomware within a material part of the
834834 23 covered entity's information system; or
835835 24 (5) other cybersecurity events as defined by the
836836 25 Department by rule.
837837 26 Within a reasonable period of time as the Department may
838838
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848848 1 adopt by rule or by order, each covered entity shall provide
849849 2 the Department electronically any information requested
850850 3 regarding the investigation of the cybersecurity event.
851851 4 Covered entities shall have a continuing obligation to update
852852 5 and supplement the information provided.
853853 6 (d) As used in this Section, "covered entity" or "entity
854854 7 covered by this Section" means a regulated person that is not
855855 8 an individual who is operating under or required to operate
856856 9 under a license, registration, charter, certificate, or other
857857 10 authorization under a financial law administered by the
858858 11 Department.
859859 12 Section 10-20. Anti-fraud and anti-money laundering.
860860 13 (a) It is unlawful for a regulated person to do any of the
861861 14 following:
862862 15 (1) Commit any fraud or misrepresentation with respect
863863 16 to a financial product or service or involving any person
864864 17 offering to provide or providing financial products or
865865 18 services.
866866 19 (2) Fail to establish and maintain a program to guard
867867 20 against fraud, scams, and unauthorized transactions
868868 21 against consumers involving the regulated person's
869869 22 financial products or services, consistent with any
870870 23 applicable federal and State laws and any rules adopted by
871871 24 the Department.
872872 25 Nothing in this subsection shall affect the construction
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883883 1 or interpretation of the term "fraud" as it is used in any
884884 2 other provision of State law.
885885 3 (b) In order to guard against money laundering and
886886 4 terrorist financing, entities covered by this subsection shall
887887 5 establish and maintain an anti-money laundering and countering
888888 6 the financing of terrorism program that complies with
889889 7 applicable federal anti-money laundering laws and regulations.
890890 8 Each covered entity shall also comply with applicable federal
891891 9 regulations issued by the Office of Foreign Assets Control of
892892 10 the United States Department of the Treasury, 31 CFR Part 500.
893893 11 It is unlawful for a covered entity to fail to comply with any
894894 12 requirement of this subsection or any rule adopted by the
895895 13 Department. As used in this subsection, "covered entity" or
896896 14 "entity covered by this subsection" means a bank, credit
897897 15 union, money transmitter, or other person regulated by the
898898 16 Department that is subject to applicable federal anti-money
899899 17 laundering laws, 31 U.S.C. Chapter 53, Subchapter II.
900900 18 (c) Whenever the Department is satisfied that a violation
901901 19 subject to this Section or other criminal activity under the
902902 20 financial laws has been committed or attempted, the Department
903903 21 shall report any such violation of law, as the Department
904904 22 deems appropriate, to the relevant law enforcement or
905905 23 regulatory agencies, the Attorney General, or the State's
906906 24 Attorney of the county in which any such violation occurs.
907907 25 Article 15. Enforcement
908908
909909
910910
911911
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918918 1 Section 15-5. Subpoena and investigatory powers.
919919 2 (a) The Department, by its Secretary or a person
920920 3 designated by him or her, is empowered, at any time during the
921921 4 course of any investigation, examination, or hearing conducted
922922 5 pursuant to this Act to administer oaths, subpoena witnesses,
923923 6 take evidence, and compel the production of any books, papers,
924924 7 records, or any other documents that the Secretary or a person
925925 8 designated by him or her deems relevant or material to any such
926926 9 investigation, examination, or hearing conducted by the
927927 10 Department, with the same fees and mileage and in the same
928928 11 manner as prescribed by law in judicial proceedings in civil
929929 12 cases in circuit courts of this State.
930930 13 (b) The Secretary may require regulated persons to file
931931 14 written reports or written answers to questions.
932932 15 (c) Any person who, without lawful authority, fails to
933933 16 appear in response to a subpoena or to answer any question or
934934 17 produce any books, papers, records, or any other documents
935935 18 relevant or material to the investigation or hearing is guilty
936936 19 of a Class A misdemeanor. Each violation shall constitute a
937937 20 separate and distinct offense.
938938 21 (d) In addition to initiating criminal proceedings through
939939 22 referral, the Department, through the Attorney General or
940940 23 State's Attorney of the county in which any such violation
941941 24 occurs, may seek civil enforcement of any such subpoena by any
942942 25 circuit court of this State.
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953953 1 Section 15-10. Enforcement powers.
954954 2 (a) The Department may take any action authorized by this
955955 3 law against a regulated person who engages, has engaged, or
956956 4 proposes to engage in unfair, deceptive, or abusive practices
957957 5 with respect to consumer financial products or services.
958958 6 (b) The Department may take any action authorized by this
959959 7 law against a regulated person for any violation of this Act or
960960 8 any financial law applicable to such regulated person or for
961961 9 any unsafe, unsound, or unlawful practice by such regulated
962962 10 person. Violations of this Act by a regulated person
963963 11 constitute both a violation of this Act and a violation of the
964964 12 financial law under which such regulated person is licensed,
965965 13 registered, chartered, authorized, or otherwise regulated by
966966 14 the Department.
967967 15 (c) Relief under this Section may include, but is not
968968 16 limited to, any of the following:
969969 17 (1) Rescission or reformation of contracts.
970970 18 (2) Refund of moneys or return of real property.
971971 19 (3) Restitution.
972972 20 (4) Disgorgement or compensation for unjust
973973 21 enrichment, with any disgorged amounts returned to the
974974 22 affected consumers, to the extent practicable.
975975 23 (5) Payment of damages or other monetary relief.
976976 24 (6) Public notification regarding the violation,
977977 25 including the costs of notification.
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988988 1 (7) Limits on the activities or functions of the
989989 2 person.
990990 3 (8) Monetary penalties, as set forth in subsection
991991 4 (d).
992992 5 (d) In any administrative action brought pursuant to this
993993 6 Act, the following penalties shall apply:
994994 7 (1) Any person that violates, through any act or
995995 8 omission, any provision of this Act shall forfeit and pay
996996 9 a penalty pursuant to this subsection.
997997 10 (A) The penalty amounts are as follows:
998998 11 (i) For any violation of this Act or a rule,
999999 12 order, or condition imposed in writing by the
10001000 13 Department, a penalty may not exceed the greater
10011001 14 of $5,000 for each day during which the violation
10021002 15 or failure to pay continues or $2,500 for each act
10031003 16 or omission in violation.
10041004 17 (ii) Notwithstanding subdivision (i), for any
10051005 18 reckless violation by a person of this Act or a
10061006 19 rule, order, or condition imposed by the
10071007 20 Department, a penalty may not exceed the greater
10081008 21 of $25,000 for each day during which the violation
10091009 22 continues or $10,000 for each act or omission in
10101010 23 violation.
10111011 24 (iii) Notwithstanding subdivision (i) or (ii),
10121012 25 for any knowing violation by a person of this Act
10131013 26 or a rule, order, or condition imposed by the
10141014
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10241024 1 Department, a penalty may not exceed the lesser of
10251025 2 1% of the person's total assets, $1,000,000 for
10261026 3 each day during which the violation continues, or
10271027 4 $25,000 for each act or omission in violation.
10281028 5 (B) In determining the amount of any penalty
10291029 6 assessed under this Act, the Department shall take
10301030 7 into account mitigating factors and the
10311031 8 appropriateness of the penalty with respect to all of
10321032 9 the following:
10331033 10 (i) The amount of financial resources of the
10341034 11 person charged.
10351035 12 (ii) The good faith of the person charged.
10361036 13 (iii) The gravity of the violation.
10371037 14 (iv) The severity of the risks to or losses of
10381038 15 the consumer, which may take into account the
10391039 16 number of products or services sold or provided.
10401040 17 (v) The history of previous violations.
10411041 18 (vi) Other facts and circumstances as justice
10421042 19 may require.
10431043 20 (2) The Department may compromise, modify, or remit
10441044 21 any penalty that may be assessed or has already been
10451045 22 assessed.
10461046 23 (3) Penalties may be imposed to deter future
10471047 24 violations by the regulated person or other regulated
10481048 25 persons.
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10591059 1 Section 15-15. Civil actions.
10601060 2 (a) If a person violates any provision of this Act, or a
10611061 3 rule, order, or condition imposed in writing by the
10621062 4 Department, the Department through the Attorney General or the
10631063 5 State's Attorney of the county in which any such violation
10641064 6 occurs may bring an action in the circuit court to enjoin the
10651065 7 acts or practices or to enforce compliance with this Act or any
10661066 8 rule or order adopted pursuant to this Act. Upon a proper
10671067 9 showing, a permanent or preliminary injunction, restraining
10681068 10 order, or writ of mandate shall be granted and a receiver,
10691069 11 monitor, conservator, or other designated fiduciary or officer
10701070 12 of the court may be appointed for the defendant or the
10711071 13 defendant's assets, or any other ancillary relief may be
10721072 14 granted as appropriate. A receiver, monitor, conservator, or
10731073 15 other designated fiduciary or officer of the court appointed
10741074 16 by the circuit court pursuant to this Section may, with the
10751075 17 approval of the court, exercise any or all of the powers of the
10761076 18 defendant's officers, directors, partners, trustees, or
10771077 19 persons who exercise similar powers and perform similar
10781078 20 duties, including the filing of a petition for bankruptcy. No
10791079 21 action at law or in equity may be maintained by any party
10801080 22 against the Secretary, a receiver, monitor, conservator, or
10811081 23 other designated fiduciary or officer of the court, by reason
10821082 24 of their exercising these powers or performing these duties
10831083 25 pursuant to the order of, or with the approval of, the circuit
10841084 26 court.
10851085
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10951095 1 (b) The Secretary may include in any action relief
10961096 2 authorized by Section 15-10. The circuit court shall have
10971097 3 jurisdiction to award additional relief.
10981098 4 (c) In any action brought by the Department, the
10991099 5 Department may recover its costs and attorney's fees in
11001100 6 connection with prosecuting the action if the Department is
11011101 7 the prevailing party in the action.
11021102 8 Section 15-20. Limitations on actions.
11031103 9 (a) Except as otherwise permitted by law or equity,
11041104 10 including provisions under any financial law, no civil action
11051105 11 may be brought under this Act more than 5 years after the date
11061106 12 of discovery of the violation to which an action relates.
11071107 13 (b) In any action arising solely under an Illinois or
11081108 14 federal financial law:
11091109 15 (1) The limitations period under that financial law
11101110 16 shall apply, and not the period under subsection (a).
11111111 17 (2) The Department may commence, defend, or intervene
11121112 18 in the action in accordance with the requirements of that
11131113 19 provision of law, as applicable.
11141114 20 Section 15-25. Hearings and adjudication proceedings.
11151115 21 (a) The Department may conduct hearings and adjudication
11161116 22 proceedings with respect to any person in order to ensure or
11171117 23 enforce compliance with the following:
11181118 24 (1) The provisions of this Act, including any rule,
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11291129 1 order, or condition imposed by the Department under this
11301130 2 Act.
11311131 3 (2) Any other law that the Department is authorized to
11321132 4 enforce and any rules, regulations, or orders adopted
11331133 5 pursuant to that law, unless that law specifically limits
11341134 6 the Department from conducting a hearing or adjudication
11351135 7 proceeding and only to the extent of that limitation.
11361136 8 (b) All hearings provided for in this Act shall be
11371137 9 conducted in accordance with 38 Ill. Adm. Code 100 and the
11381138 10 Secretary shall have all the powers granted therein.
11391139 11 (c) The Department may, by order, assess penalties under
11401140 12 subsection (d) of Section 15-10. If that person fails to file a
11411141 13 written request for a hearing within 30 days after the date of
11421142 14 service of the order, the order shall be deemed a final order
11431143 15 of the Secretary.
11441144 16 (d)(1) If, in the opinion of the Department, any person
11451145 17 engages, has engaged, or proposes to engage in any activity
11461146 18 prohibited by Sections 1-15 or 1-20, any unsafe, unsound, or
11471147 19 unlawful practice, or any activity, act, practice, or course
11481148 20 of business that violates a law, rule, order, or any condition
11491149 21 imposed in writing on the person by the Department, the
11501150 22 Department may issue an order directing the person to cease
11511151 23 and desist and refrain from engaging in the activity, act,
11521152 24 practice, or course of business.
11531153 25 (2) If that person fails to file a written request for
11541154 26 a hearing within 30 days after the date of service of the
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11651165 1 order, the order shall be deemed a final order of the
11661166 2 Secretary.
11671167 3 (e) If any person engages, has engaged, or proposes to
11681168 4 engage in any activity prohibited by Sections 1-15 or 1-20,
11691169 5 any unsafe, unsound, or unlawful practice, or any activity,
11701170 6 act, practice, or course of business that violates a law,
11711171 7 rule, order, or any condition imposed in writing on the person
11721172 8 by the Department, the Department may include in any
11731173 9 administrative action authorized under this Section a claim
11741174 10 for ancillary relief as set forth in subsection (c) of Section
11751175 11 15-10. The court shall have jurisdiction to award additional
11761176 12 relief.
11771177 13 (f) If, in the opinion of the Department, any regulated
11781178 14 person engages, has engaged, or proposes to engage in any
11791179 15 unsafe, unsound, or unlawful practice or any activity, act,
11801180 16 practice, or course of business that violates a law, rule,
11811181 17 order, or any condition imposed in writing on the person by the
11821182 18 Department, the Department may, after notice and an
11831183 19 opportunity for a hearing, suspend or revoke the license or
11841184 20 registration of the regulated person. If that person fails to
11851185 21 file a written request for a hearing within 30 days after the
11861186 22 date of service of the order, the order shall be deemed a final
11871187 23 order of the Secretary.
11881188 24 (g) An order of the Department shall be served upon every
11891189 25 person or corporation to be affected thereby by personal
11901190 26 delivery of a copy of the order by mail, or, at the discretion
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12011201 1 of the Department, by electronic means to an email address
12021202 2 specified by the person or corporation with the Department.
12031203 3 Mailing in the United States mail as herein provided shall
12041204 4 constitute service without additional proof of a receipt of
12051205 5 such copy or copies of such order.
12061206 6 (h) After the exhaustion of the review procedures provided
12071207 7 for in this Section, the Secretary may apply to the
12081208 8 appropriate circuit court for an order compelling the cited
12091209 9 person to comply with the orders of the Secretary.
12101210 10 (1) The application shall include a copy of the final
12111211 11 order of the Secretary.
12121212 12 (2) Upon the filing of the application, the circuit
12131213 13 court shall set a date for a hearing for an order to show
12141214 14 cause why judgment should not be entered, which shall be
12151215 15 set not less than 30 calendar days after the date the
12161216 16 application is filed.
12171217 17 (3) The Secretary shall serve a copy of the
12181218 18 application and final order along with notice of the
12191219 19 hearing to all entities or persons cited in the order
12201220 20 against whom a civil judgment is sought not less than 15
12211221 21 calendar days before the date set for the hearing. Service
12221222 22 of the application shall be pursuant to the methods
12231223 23 specified by Part 2 of the Civil Practice Law for service
12241224 24 of summons.
12251225 25 (4) The court shall consider the filing of a copy of
12261226 26 the final order of the Secretary and the proof of service
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12371237 1 of the application and notice of the hearing on the
12381238 2 persons or entities against whom the judgment is sought as
12391239 3 a sufficient prima facie showing to warrant the issuance
12401240 4 of the civil judgment and order at the hearing. The
12411241 5 respondent bears the burden of showing by affirmative
12421242 6 evidence at the hearing why the order of the Secretary is
12431243 7 not final or why the timely notice of application and
12441244 8 hearing was not provided to avoid judgment being entered
12451245 9 by the circuit court.
12461246 10 (5) The respondent shall not be allowed to raise any
12471247 11 defenses or present any evidence at the hearing, an
12481248 12 appeal, or writ from such proceedings on the application
12491249 13 that had been or could have been raised by the respondent
12501250 14 at an administrative hearing to challenge the Secretary's
12511251 15 order.
12521252 16 (6) The judgment issued pursuant to paragraph (4) of
12531253 17 this subsection may be for injunctive relief or payment of
12541254 18 ancillary relief or penalties. The judgment may be
12551255 19 enforced by the court pursuant to the procedures
12561256 20 authorized for any other civil judgment.
12571257 21 Section 15-30. Hearing rules.
12581258 22 (a) The Department may, in accordance with the Illinois
12591259 23 Administrative Procedure Act, adopt rules to provide for
12601260 24 review within the Department of the Secretary's decisions
12611261 25 affecting the rights of persons or entities under this Act.
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12721272 1 The review shall provide for, at a minimum:
12731273 2 (1) appointment of a hearing officer;
12741274 3 (2) appropriate procedural rules, specific deadlines
12751275 4 for filings, and standards of evidence and of proof; and
12761276 5 (3) provision for apportioning costs among parties to
12771277 6 the appeal.
12781278 7 (b) All final administrative decisions of the Department
12791279 8 under this Act, all amendments and modifications of final
12801280 9 administrative decisions, and any rules adopted by the
12811281 10 Department pursuant to this Act shall be subject to judicial
12821282 11 review pursuant to the provisions of the Administrative Review
12831283 12 Law.
12841284 13 Section 15-35. No construed restrictions on Secretary or
12851285 14 other officials.
12861286 15 (a) Nothing in this Act shall be construed to restrict the
12871287 16 exercise of powers or the performance of the duties of the
12881288 17 Secretary that he or she is authorized to exercise or perform
12891289 18 by another law.
12901290 19 (b) Nothing in this Act shall be construed to restrict the
12911291 20 exercise of powers or the performance of the duties of the
12921292 21 Attorney General or any other governmental official that he or
12931293 22 she is authorized to exercise or perform by law.
12941294 23 Article 20. Additional Procedural Provisions
12951295
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13051305 1 Section 20-5. Confidential supervisory information.
13061306 2 (a) Information or documents obtained by employees,
13071307 3 agents, or representatives of the Department in the course of
13081308 4 any examination, investigation, audit, visit, registration,
13091309 5 certification, review, licensing, investigation, or any other
13101310 6 regulatory activity pursuant this Act and any record prepared
13111311 7 or obtained by the Department to the extent that the record
13121312 8 summarizes or contains information derived from any report,
13131313 9 document, or record described in this Section shall, unless
13141314 10 made a matter of public record, be deemed confidential and not
13151315 11 subject to disclosure under the Freedom of Information Act,
13161316 12 and only subject to disclosure pursuant to subpoena or court
13171317 13 order as provided in subsection (e).
13181318 14 (b) All records of communications or summaries of
13191319 15 communications between employees, agents, or representatives
13201320 16 of the Department and employees, agents, or representatives of
13211321 17 other governmental agencies, a provider of any multi-state
13221322 18 licensing system, or associations or organizations
13231323 19 representing federal, State, or local law enforcement or
13241324 20 regulatory agencies or providers of any multi-state licensing
13251325 21 system, pursuant to any regulatory or supervision activity
13261326 22 under this Act and any other financial law under the
13271327 23 jurisdiction of or enforceable by the Department, are
13281328 24 confidential to the extent they contain confidential
13291329 25 supervisory information and not subject to disclosure under
13301330 26 the Freedom of Information Act.
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13321332
13331333
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13411341 1 (c) All confidential supervisory information received from
13421342 2 other governmental agencies, a multi-state licensing system
13431343 3 provider, or associations or organizations consisting of
13441344 4 employees, agents, or representatives of such agencies or
13451345 5 providers, shall not be subject to disclosure under the
13461346 6 Freedom of Information Act, and only subject to disclosure
13471347 7 pursuant to subpoena or court order as provided in subsection
13481348 8 (e).
13491349 9 (d) The sharing of any confidential supervisory
13501350 10 information under this Act with governmental agencies,
13511351 11 providers of any multi-state licensing system, or associations
13521352 12 or organizations consisting of employees, agents, or
13531353 13 representatives of such federal, State, or local law
13541354 14 enforcement or regulatory agencies, shall not result in the
13551355 15 loss of privilege arising under federal or State law, or the
13561356 16 loss of confidentiality protections provided by federal law or
13571357 17 State law, and are only subject to disclosure pursuant to
13581358 18 subpoena or court order as provided in subsection (e).
13591359 19 (e) Confidential supervisory information may not be
13601360 20 disclosed to anyone other than the regulated person, law
13611361 21 enforcement officials or other regulatory agencies that have
13621362 22 an appropriate regulatory interest as determined by the
13631363 23 Secretary, or to a party presenting a lawful subpoena, order,
13641364 24 or other judicial or administrative process to the Secretary.
13651365 25 The Secretary may immediately appeal to the court of
13661366 26 jurisdiction the disclosure of such confidential supervisory
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13771377 1 information and seek a stay of the subpoena pending the
13781378 2 outcome of the appeal. Reports required of regulated persons
13791379 3 by the Secretary under this Act and results of examinations
13801380 4 performed by the Secretary under this Act shall be the
13811381 5 property of only the Secretary but may be shared with the
13821382 6 regulated person. Access under this Act to the books and
13831383 7 records of each regulated person shall be limited to the
13841384 8 Secretary and his or her agents as provided in this Act and to
13851385 9 the regulated person and its authorized agents and designees.
13861386 10 No other person shall have access to the books and records of a
13871387 11 regulated person under this Act. Any person upon whom a demand
13881388 12 for production of confidential supervisory information is
13891389 13 made, whether by subpoena, order, or other judicial or
13901390 14 administrative process, must withhold production of the
13911391 15 confidential supervisory information and must notify the
13921392 16 Secretary of the demand, at which time the Secretary is
13931393 17 authorized to intervene for the purpose of enforcing the
13941394 18 limitations of this Section or seeking the withdrawal or
13951395 19 termination of the attempt to compel production of the
13961396 20 confidential supervisory information. The Secretary may impose
13971397 21 any conditions and limitations on the disclosure of
13981398 22 confidential supervisory information that are necessary to
13991399 23 protect the confidentiality of such information. Except as
14001400 24 authorized by the Secretary, no person obtaining access to
14011401 25 confidential supervisory information may make a copy of the
14021402 26 confidential supervisory information. The Secretary may
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14131413 1 condition a decision to disclose confidential supervisory
14141414 2 information on entry of a protective order by the court or
14151415 3 administrative tribunal presiding in the particular case or on
14161416 4 a written agreement of confidentiality. In a case in which a
14171417 5 protective order or agreement has already been entered between
14181418 6 parties other than the Secretary, the Secretary may
14191419 7 nevertheless condition approval for release of confidential
14201420 8 supervisory information upon the inclusion of additional or
14211421 9 amended provisions in the protective order. The Secretary may
14221422 10 authorize a party who obtained the records for use in one case
14231423 11 to provide them to another party in another case, subject to
14241424 12 any conditions that the Secretary may impose on either or both
14251425 13 parties. The requester shall promptly notify other parties to
14261426 14 a case of the release of confidential supervisory information
14271427 15 obtained and, upon entry of a protective order, shall provide
14281428 16 copies of confidential supervisory information to the other
14291429 17 parties.
14301430 18 (f) The Secretary is authorized to enter agreements or
14311431 19 sharing arrangements with other governmental agencies,
14321432 20 providers of any multi-state licensing system, or associations
14331433 21 or organizations representing governmental agencies or
14341434 22 providers of any multi-state licensing system. Notwithstanding
14351435 23 the foregoing, the provisions of this Section shall apply
14361436 24 regardless of the existence of any such agreement or sharing
14371437 25 arrangement.
14381438 26 (g) This Section in no way limits any right, privilege, or
14391439
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14491449 1 authority that the Department has pursuant to any other
14501450 2 applicable law. This Section does not in any way limit any
14511451 3 privilege arising under federal or State law or other
14521452 4 exemption from disclosure pursuant to the Freedom of
14531453 5 Information Act.
14541454 6 (h) Notwithstanding the foregoing, whenever the Secretary
14551455 7 determines, in his or her sole discretion, that it is in the
14561456 8 public's interest, he or she may publicly disclose information
14571457 9 or documents obtained under this Act and any other financial
14581458 10 law under the jurisdiction of or enforceable by the
14591459 11 Department, unless otherwise prohibited by law.
14601460 12 Section 20-10. Additional rulemaking authority.
14611461 13 (a) In addition to such powers and rulemaking authority as
14621462 14 may be prescribed elsewhere in this Act or other financial
14631463 15 laws under the jurisdiction of or enforceable by the
14641464 16 Department, the Secretary is hereby authorized and empowered
14651465 17 to adopt rules consistent with the purposes of this Act,
14661466 18 including, but not limited to:
14671467 19 (1) rules in connection with the activities of
14681468 20 regulated persons as may be necessary and appropriate for
14691469 21 the protection of consumers in this State;
14701470 22 (2) rules to define the terms used in this Act and as
14711471 23 may be necessary and appropriate to interpret and
14721472 24 implement the provisions of this Act;
14731473 25 (3) rules as may be necessary for the administration
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14841484 1 and enforcement of this Act;
14851485 2 (4) rules to set and collect fees necessary to
14861486 3 administer and enforce this Act; and
14871487 4 (5) rules in connection with the activities of
14881488 5 regulated persons as may be necessary and appropriate for
14891489 6 the safety and soundness of such regulated persons and the
14901490 7 stability of the financial system in this State.
14911491 8 (b) The Secretary is hereby authorized and empowered to
14921492 9 make specific rulings, demands, and findings that he or she
14931493 10 deems necessary for the proper conduct of the regulated
14941494 11 persons.
14951495 12 (c) The Secretary may adopt rules pursuant to this Act
14961496 13 upon this Act becoming law with such rules not to take effect
14971497 14 earlier than January 1, 2024.
14981498 15 Article 90.
14991499 16 Section 90-5. The Freedom of Information Act is amended by
15001500 17 changing Section 7.5 as follows:
15011501 18 (5 ILCS 140/7.5)
15021502 19 Sec. 7.5. Statutory exemptions. To the extent provided for
15031503 20 by the statutes referenced below, the following shall be
15041504 21 exempt from inspection and copying:
15051505 22 (a) All information determined to be confidential
15061506 23 under Section 4002 of the Technology Advancement and
15071507
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15171517 1 Development Act.
15181518 2 (b) Library circulation and order records identifying
15191519 3 library users with specific materials under the Library
15201520 4 Records Confidentiality Act.
15211521 5 (c) Applications, related documents, and medical
15221522 6 records received by the Experimental Organ Transplantation
15231523 7 Procedures Board and any and all documents or other
15241524 8 records prepared by the Experimental Organ Transplantation
15251525 9 Procedures Board or its staff relating to applications it
15261526 10 has received.
15271527 11 (d) Information and records held by the Department of
15281528 12 Public Health and its authorized representatives relating
15291529 13 to known or suspected cases of sexually transmissible
15301530 14 disease or any information the disclosure of which is
15311531 15 restricted under the Illinois Sexually Transmissible
15321532 16 Disease Control Act.
15331533 17 (e) Information the disclosure of which is exempted
15341534 18 under Section 30 of the Radon Industry Licensing Act.
15351535 19 (f) Firm performance evaluations under Section 55 of
15361536 20 the Architectural, Engineering, and Land Surveying
15371537 21 Qualifications Based Selection Act.
15381538 22 (g) Information the disclosure of which is restricted
15391539 23 and exempted under Section 50 of the Illinois Prepaid
15401540 24 Tuition Act.
15411541 25 (h) Information the disclosure of which is exempted
15421542 26 under the State Officials and Employees Ethics Act, and
15431543
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15531553 1 records of any lawfully created State or local inspector
15541554 2 general's office that would be exempt if created or
15551555 3 obtained by an Executive Inspector General's office under
15561556 4 that Act.
15571557 5 (i) Information contained in a local emergency energy
15581558 6 plan submitted to a municipality in accordance with a
15591559 7 local emergency energy plan ordinance that is adopted
15601560 8 under Section 11-21.5-5 of the Illinois Municipal Code.
15611561 9 (j) Information and data concerning the distribution
15621562 10 of surcharge moneys collected and remitted by carriers
15631563 11 under the Emergency Telephone System Act.
15641564 12 (k) Law enforcement officer identification information
15651565 13 or driver identification information compiled by a law
15661566 14 enforcement agency or the Department of Transportation
15671567 15 under Section 11-212 of the Illinois Vehicle Code.
15681568 16 (l) Records and information provided to a residential
15691569 17 health care facility resident sexual assault and death
15701570 18 review team or the Executive Council under the Abuse
15711571 19 Prevention Review Team Act.
15721572 20 (m) Information provided to the predatory lending
15731573 21 database created pursuant to Article 3 of the Residential
15741574 22 Real Property Disclosure Act, except to the extent
15751575 23 authorized under that Article.
15761576 24 (n) Defense budgets and petitions for certification of
15771577 25 compensation and expenses for court appointed trial
15781578 26 counsel as provided under Sections 10 and 15 of the
15791579
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15891589 1 Capital Crimes Litigation Act. This subsection (n) shall
15901590 2 apply until the conclusion of the trial of the case, even
15911591 3 if the prosecution chooses not to pursue the death penalty
15921592 4 prior to trial or sentencing.
15931593 5 (o) Information that is prohibited from being
15941594 6 disclosed under Section 4 of the Illinois Health and
15951595 7 Hazardous Substances Registry Act.
15961596 8 (p) Security portions of system safety program plans,
15971597 9 investigation reports, surveys, schedules, lists, data, or
15981598 10 information compiled, collected, or prepared by or for the
15991599 11 Department of Transportation under Sections 2705-300 and
16001600 12 2705-616 of the Department of Transportation Law of the
16011601 13 Civil Administrative Code of Illinois, the Regional
16021602 14 Transportation Authority under Section 2.11 of the
16031603 15 Regional Transportation Authority Act, or the St. Clair
16041604 16 County Transit District under the Bi-State Transit Safety
16051605 17 Act.
16061606 18 (q) Information prohibited from being disclosed by the
16071607 19 Personnel Record Review Act.
16081608 20 (r) Information prohibited from being disclosed by the
16091609 21 Illinois School Student Records Act.
16101610 22 (s) Information the disclosure of which is restricted
16111611 23 under Section 5-108 of the Public Utilities Act.
16121612 24 (t) All identified or deidentified health information
16131613 25 in the form of health data or medical records contained
16141614 26 in, stored in, submitted to, transferred by, or released
16151615
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16251625 1 from the Illinois Health Information Exchange, and
16261626 2 identified or deidentified health information in the form
16271627 3 of health data and medical records of the Illinois Health
16281628 4 Information Exchange in the possession of the Illinois
16291629 5 Health Information Exchange Office due to its
16301630 6 administration of the Illinois Health Information
16311631 7 Exchange. The terms "identified" and "deidentified" shall
16321632 8 be given the same meaning as in the Health Insurance
16331633 9 Portability and Accountability Act of 1996, Public Law
16341634 10 104-191, or any subsequent amendments thereto, and any
16351635 11 regulations promulgated thereunder.
16361636 12 (u) Records and information provided to an independent
16371637 13 team of experts under the Developmental Disability and
16381638 14 Mental Health Safety Act (also known as Brian's Law).
16391639 15 (v) Names and information of people who have applied
16401640 16 for or received Firearm Owner's Identification Cards under
16411641 17 the Firearm Owners Identification Card Act or applied for
16421642 18 or received a concealed carry license under the Firearm
16431643 19 Concealed Carry Act, unless otherwise authorized by the
16441644 20 Firearm Concealed Carry Act; and databases under the
16451645 21 Firearm Concealed Carry Act, records of the Concealed
16461646 22 Carry Licensing Review Board under the Firearm Concealed
16471647 23 Carry Act, and law enforcement agency objections under the
16481648 24 Firearm Concealed Carry Act.
16491649 25 (v-5) Records of the Firearm Owner's Identification
16501650 26 Card Review Board that are exempted from disclosure under
16511651
16521652
16531653
16541654
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16571657
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16601660 HB3483 - 47 - LRB103 27826 BMS 54204 b
16611661 1 Section 10 of the Firearm Owners Identification Card Act.
16621662 2 (w) Personally identifiable information which is
16631663 3 exempted from disclosure under subsection (g) of Section
16641664 4 19.1 of the Toll Highway Act.
16651665 5 (x) Information which is exempted from disclosure
16661666 6 under Section 5-1014.3 of the Counties Code or Section
16671667 7 8-11-21 of the Illinois Municipal Code.
16681668 8 (y) Confidential information under the Adult
16691669 9 Protective Services Act and its predecessor enabling
16701670 10 statute, the Elder Abuse and Neglect Act, including
16711671 11 information about the identity and administrative finding
16721672 12 against any caregiver of a verified and substantiated
16731673 13 decision of abuse, neglect, or financial exploitation of
16741674 14 an eligible adult maintained in the Registry established
16751675 15 under Section 7.5 of the Adult Protective Services Act.
16761676 16 (z) Records and information provided to a fatality
16771677 17 review team or the Illinois Fatality Review Team Advisory
16781678 18 Council under Section 15 of the Adult Protective Services
16791679 19 Act.
16801680 20 (aa) Information which is exempted from disclosure
16811681 21 under Section 2.37 of the Wildlife Code.
16821682 22 (bb) Information which is or was prohibited from
16831683 23 disclosure by the Juvenile Court Act of 1987.
16841684 24 (cc) Recordings made under the Law Enforcement
16851685 25 Officer-Worn Body Camera Act, except to the extent
16861686 26 authorized under that Act.
16871687
16881688
16891689
16901690
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16931693
16941694
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16961696 HB3483 - 48 - LRB103 27826 BMS 54204 b
16971697 1 (dd) Information that is prohibited from being
16981698 2 disclosed under Section 45 of the Condominium and Common
16991699 3 Interest Community Ombudsperson Act.
17001700 4 (ee) Information that is exempted from disclosure
17011701 5 under Section 30.1 of the Pharmacy Practice Act.
17021702 6 (ff) Information that is exempted from disclosure
17031703 7 under the Revised Uniform Unclaimed Property Act.
17041704 8 (gg) Information that is prohibited from being
17051705 9 disclosed under Section 7-603.5 of the Illinois Vehicle
17061706 10 Code.
17071707 11 (hh) Records that are exempt from disclosure under
17081708 12 Section 1A-16.7 of the Election Code.
17091709 13 (ii) Information which is exempted from disclosure
17101710 14 under Section 2505-800 of the Department of Revenue Law of
17111711 15 the Civil Administrative Code of Illinois.
17121712 16 (jj) Information and reports that are required to be
17131713 17 submitted to the Department of Labor by registering day
17141714 18 and temporary labor service agencies but are exempt from
17151715 19 disclosure under subsection (a-1) of Section 45 of the Day
17161716 20 and Temporary Labor Services Act.
17171717 21 (kk) Information prohibited from disclosure under the
17181718 22 Seizure and Forfeiture Reporting Act.
17191719 23 (ll) Information the disclosure of which is restricted
17201720 24 and exempted under Section 5-30.8 of the Illinois Public
17211721 25 Aid Code.
17221722 26 (mm) Records that are exempt from disclosure under
17231723
17241724
17251725
17261726
17271727
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17291729
17301730
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17321732 HB3483 - 49 - LRB103 27826 BMS 54204 b
17331733 1 Section 4.2 of the Crime Victims Compensation Act.
17341734 2 (nn) Information that is exempt from disclosure under
17351735 3 Section 70 of the Higher Education Student Assistance Act.
17361736 4 (oo) Communications, notes, records, and reports
17371737 5 arising out of a peer support counseling session
17381738 6 prohibited from disclosure under the First Responders
17391739 7 Suicide Prevention Act.
17401740 8 (pp) Names and all identifying information relating to
17411741 9 an employee of an emergency services provider or law
17421742 10 enforcement agency under the First Responders Suicide
17431743 11 Prevention Act.
17441744 12 (qq) Information and records held by the Department of
17451745 13 Public Health and its authorized representatives collected
17461746 14 under the Reproductive Health Act.
17471747 15 (rr) Information that is exempt from disclosure under
17481748 16 the Cannabis Regulation and Tax Act.
17491749 17 (ss) Data reported by an employer to the Department of
17501750 18 Human Rights pursuant to Section 2-108 of the Illinois
17511751 19 Human Rights Act.
17521752 20 (tt) Recordings made under the Children's Advocacy
17531753 21 Center Act, except to the extent authorized under that
17541754 22 Act.
17551755 23 (uu) Information that is exempt from disclosure under
17561756 24 Section 50 of the Sexual Assault Evidence Submission Act.
17571757 25 (vv) Information that is exempt from disclosure under
17581758 26 subsections (f) and (j) of Section 5-36 of the Illinois
17591759
17601760
17611761
17621762
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17651765
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17681768 HB3483 - 50 - LRB103 27826 BMS 54204 b
17691769 1 Public Aid Code.
17701770 2 (ww) Information that is exempt from disclosure under
17711771 3 Section 16.8 of the State Treasurer Act.
17721772 4 (xx) Information that is exempt from disclosure or
17731773 5 information that shall not be made public under the
17741774 6 Illinois Insurance Code.
17751775 7 (yy) Information prohibited from being disclosed under
17761776 8 the Illinois Educational Labor Relations Act.
17771777 9 (zz) Information prohibited from being disclosed under
17781778 10 the Illinois Public Labor Relations Act.
17791779 11 (aaa) Information prohibited from being disclosed
17801780 12 under Section 1-167 of the Illinois Pension Code.
17811781 13 (bbb) Information that is prohibited from disclosure
17821782 14 by the Illinois Police Training Act and the Illinois State
17831783 15 Police Act.
17841784 16 (ccc) Records exempt from disclosure under Section
17851785 17 2605-304 of the Illinois State Police Law of the Civil
17861786 18 Administrative Code of Illinois.
17871787 19 (ddd) Information prohibited from being disclosed
17881788 20 under Section 35 of the Address Confidentiality for
17891789 21 Victims of Domestic Violence, Sexual Assault, Human
17901790 22 Trafficking, or Stalking Act.
17911791 23 (eee) Information prohibited from being disclosed
17921792 24 under subsection (b) of Section 75 of the Domestic
17931793 25 Violence Fatality Review Act.
17941794 26 (fff) Images from cameras under the Expressway Camera
17951795
17961796
17971797
17981798
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18011801
18021802
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18041804 HB3483 - 51 - LRB103 27826 BMS 54204 b
18051805 1 Act. This subsection (fff) is inoperative on and after
18061806 2 July 1, 2023.
18071807 3 (ggg) Information prohibited from disclosure under
18081808 4 paragraph (3) of subsection (a) of Section 14 of the Nurse
18091809 5 Agency Licensing Act.
18101810 6 (hhh) Information submitted to the Department of State
18111811 7 Police in an affidavit or application for an assault
18121812 8 weapon endorsement, assault weapon attachment endorsement,
18131813 9 .50 caliber rifle endorsement, or .50 caliber cartridge
18141814 10 endorsement under the Firearm Owners Identification Card
18151815 11 Act.
18161816 12 (iii) Information prohibited from being disclosed
18171817 13 under Section 20-5 of the Consumer Financial Protection
18181818 14 Law.
18191819 15 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
18201820 16 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
18211821 17 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
18221822 18 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
18231823 19 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
18241824 20 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
18251825 21 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
18261826 22 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
18271827 23 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
18281828 24 Section 90-10. The Financial Institutions Code is amended
18291829 25 by changing Sections 1, 2, 4, 6, 6a, 7, 8, 15, 16, 17, and 18
18301830
18311831
18321832
18331833
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18361836
18371837
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18401840 1 and by adding Sections 2.5, 18.2, 18.3, 18.4, and 18.5 as
18411841 2 follows:
18421842 3 (20 ILCS 1205/1) (from Ch. 17, par. 101)
18431843 4 Sec. 1. Short title. This Act may shall be known and shall
18441844 5 be cited as the "Financial Institutions Act Code."
18451845 6 (Source: Laws 1957, p. 369.)
18461846 7 (20 ILCS 1205/2) (from Ch. 17, par. 102)
18471847 8 Sec. 2. The purpose of the Financial Institutions Act Code
18481848 9 is to provide under the Governor for the orderly
18491849 10 administration and enforcement of laws relating to financial
18501850 11 institutions under the authority of the Governor.
18511851 12 (Source: Laws 1957, p. 369.)
18521852 13 (20 ILCS 1205/2.5 new)
18531853 14 Sec. 2.5. References to the Department of Financial
18541854 15 Institutions. All references to the Department of Financial
18551855 16 Institutions in Illinois law shall be construed as a reference
18561856 17 to the Division of Financial Institutions of the Department of
18571857 18 Financial and Professional Regulation. All references to the
18581858 19 Director of the Department of Financial Institutions in
18591859 20 Illinois law shall be construed as a reference to the
18601860 21 Secretary of Financial and Professional Regulation. All
18611861 22 references to the Financial Institutions Code shall be
18621862 23 construed as a reference to this Act.
18631863
18641864
18651865
18661866
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18691869
18701870
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18731873 1 (20 ILCS 1205/4) (from Ch. 17, par. 104)
18741874 2 Sec. 4. As used in this Act:
18751875 3 "Address of record" means the designated address recorded
18761876 4 by the Division in the applicant's application file or the
18771877 5 licensee's license file, as maintained by the Division.
18781878 6 "Department" means the Department of Financial and
18791879 7 Professional Regulation.
18801880 8 "Director" means the Director or acting Director of the
18811881 9 Division of Financial Institutions and any authorized
18821882 10 representative of the Director.
18831883 11 "Division" means the Division of Financial Institutions of
18841884 12 the Department.
18851885 13 "Financial institutions" means ambulatory and community
18861886 14 currency exchanges, credit unions, guaranteed credit unions,
18871887 15 money transmitters, title insuring or guaranteeing companies,
18881888 16 and their agents, consumer installment lenders, payday
18891889 17 lenders, sales finance agencies, consumer legal funders,
18901890 18 collections agencies, and any other person industry or
18911891 19 business that offers services or products that are regulated
18921892 20 under any Act administered by the Director.
18931893 21 "License" means any certificate or authorization issued to
18941894 22 any person, party, or entity pursuant to any Act administered
18951895 23 by the Division.
18961896 24 "Licensee" means any person, party, or entity who is or
18971897 25 comes to be certified, chartered, registered, licensed, or
18981898
18991899
19001900
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19071907 HB3483 - 54 - LRB103 27826 BMS 54204 b
19081908 1 otherwise authorized by the Division pursuant to any Act
19091909 2 administered by the Division.
19101910 3 "Payday loan" has the meaning ascribed to that term in the
19111911 4 Payday Loan Reform Act.
19121912 5 "Person" means any individual, partnership, joint venture,
19131913 6 trust, estate, firm, corporation, cooperative society or
19141914 7 association, or any other form of business association or
19151915 8 legal entity.
19161916 9 "Regulated person" is a person whose activities are
19171917 10 subject to an Act or rule that is administered by the Division.
19181918 11 "Regulated person" includes licensees as well as persons who
19191919 12 are lawfully or unlawfully unlicensed.
19201920 13 "Secretary" means the Secretary or acting Secretary of
19211921 14 Financial and Professional Regulation and any authorized
19221922 15 representative of the Secretary.
19231923 16 (Source: P.A. 102-975, eff. 1-1-23.)
19241924 17 (20 ILCS 1205/6)
19251925 18 Sec. 6. General powers and duties. In addition to the
19261926 19 powers and duties provided by law and imposed elsewhere in
19271927 20 this Act, the Division has the following powers and duties:
19281928 21 (1) To administer and enforce the Consumer Installment
19291929 22 Loan Act and its implementing rules.
19301930 23 (2) To administer and enforce the Currency Exchange
19311931 24 Act and its implementing rules. the Currency Exchange Act
19321932 25 (3) To administer and enforce the Debt Management
19331933
19341934
19351935
19361936
19371937
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19401940
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19421942 HB3483 - 55 - LRB103 27826 BMS 54204 b
19431943 1 Service Act and its implementing rules.
19441944 2 (4) To administer and enforce the Debt Settlement
19451945 3 Consumer Protection Act and its implementing rules.
19461946 4 (5) To administer and enforce the Illinois Development
19471947 5 Credit Corporation Act and its implementing rules.
19481948 6 (6) To administer and enforce the Payday Loan Reform
19491949 7 Act and its implementing rules. the Safety Deposit License
19501950 8 Act
19511951 9 (7) To administer and enforce the Safety Deposit
19521952 10 License Act and its implementing rules.
19531953 11 (8) To administer and enforce the Sales Finance Agency
19541954 12 Act and its implementing rules.
19551955 13 (9) To administer and enforce the Title Insurance Act
19561956 14 and its implementing rules.
19571957 15 (10) To administer and enforce the Transmitters of
19581958 16 Money Act and its implementing rules.
19591959 17 (11) To administer and enforce the Predatory Loan
19601960 18 Prevention Act and its implementing rules.
19611961 19 (12) To administer and enforce the Motor Vehicle
19621962 20 Retail Installment Sales Act and its implementing rules.
19631963 21 (13) To administer and enforce the Retail Installment
19641964 22 Sales Act and its implementing rules.
19651965 23 (14) To administer and enforce the Illinois Credit
19661966 24 Union Act and its implementing rules.
19671967 25 (15) To administer and enforce the Collection Agency
19681968 26 Act and its implementing rules.
19691969
19701970
19711971
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19781978 HB3483 - 56 - LRB103 27826 BMS 54204 b
19791979 1 (16) To administer and enforce the Consumer Legal
19801980 2 Funding Act and its implementing rules.
19811981 3 (17) (16) To administer and enforce this Act and any
19821982 4 other Act administered by the Director or Division.
19831983 5 (18) (17) Whenever If the Division is authorized or
19841984 6 required by law to consider some aspect of criminal
19851985 7 history record information for the purpose of carrying out
19861986 8 its statutory powers and responsibilities, then, upon
19871987 9 request and payment of fees in conformance with the
19881988 10 requirements of Section 2605-400 of the Illinois State
19891989 11 Police Law, the Illinois State Police is authorized to
19901990 12 furnish, pursuant to positive identification, the
19911991 13 information contained in State files that is necessary to
19921992 14 fulfill the request to obtain from the Illinois State
19931993 15 Police, upon request and payment of the fees required by
19941994 16 the Illinois State Police Law of the Civil Administrative
19951995 17 Code of Illinois, pursuant to positive identification,
19961996 18 such information contained in State files as is necessary
19971997 19 to carry out the duties of the Division.
19981998 20 (19) (18) To authorize and administer examinations to
19991999 21 ascertain the qualifications of applicants and licensees
20002000 22 for which the examination is held.
20012001 23 (20) (19) To conduct hearings in proceedings to
20022002 24 revoke, suspend, refuse to renew, or take other
20032003 25 disciplinary action regarding licenses, charters,
20042004 26 certifications, registrations, or authorities of persons
20052005
20062006
20072007
20082008
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20142014 HB3483 - 57 - LRB103 27826 BMS 54204 b
20152015 1 as authorized in any Act administered by the Division.
20162016 2 (21) To receive, consider, investigate, and act upon
20172017 3 complaints made by any person relating to a regulated
20182018 4 person.
20192019 5 (22) To keep records of all licenses, registrations,
20202020 6 charters, or other authorizations.
20212021 7 (23) To issue orders against any person:
20222022 8 (A) if the Secretary has reasonable cause to
20232023 9 believe that an unsafe, unsound, unfit, or unlawful
20242024 10 practice has occurred, is occurring, or is likely to
20252025 11 occur;
20262026 12 (B) if any person has violated, is violating, or
20272027 13 is about to violate any law, rule, or written
20282028 14 agreement with the Secretary; or
20292029 15 (C) for the purpose of administering the
20302030 16 provisions of this Act or other law and any rule
20312031 17 adopted in accordance with this Act or other law
20322032 18 administered by the Division.
20332033 19 (24) To require information or reports from any
20342034 20 regulated person at any time the Secretary chooses.
20352035 21 (25) To examine the activities, books, and records of
20362036 22 every regulated person.
20372037 23 (26) To enforce the provisions of this Act, Illinois
20382038 24 laws administered by the Division, and the federal laws
20392039 25 applicable to persons regulated by the Division.
20402040 26 (27) To levy fees, fines, civil penalties, charges for
20412041
20422042
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20512051 1 services, and assessments to defray operating expenses,
20522052 2 including direct and indirect costs, of administering this
20532053 3 Act and other laws administered by the Division.
20542054 4 (28) To enter into cooperative agreements with federal
20552055 5 and State regulatory authorities and to accept reports of
20562056 6 examinations from federal and State regulatory
20572057 7 authorities.
20582058 8 (29) To exercise visitorial power over regulated
20592059 9 persons.
20602060 10 (30) To prescribe the forms of and receive (A)
20612061 11 applications for licenses, registrations, charters, or
20622062 12 other authorizations; and (B) all reports, books, and
20632063 13 records required to be made by any licensee.
20642064 14 (31) To subpoena documents and witnesses and compel
20652065 15 their attendance and production, to administer oaths, and
20662066 16 to require the production of any books, papers, or other
20672067 17 materials relevant to any inquiry authorized by this Act
20682068 18 or other law administered by the Division.
20692069 19 (32) To appoint examiners, supervisors, experts, and
20702070 20 special assistants as needed to administer this Act and
20712071 21 other laws administered by the Division.
20722072 22 (33) To assign an examiner or examiners to monitor the
20732073 23 affairs of a regulated person with whatever frequency the
20742074 24 Secretary determines appropriate and to charge the
20752075 25 regulated person for reasonable and necessary expenses of
20762076 26 the Secretary.
20772077
20782078
20792079
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20872087 1 (34) To investigate unlicensed activity and take any
20882088 2 actions reasonably necessary to prohibit and stop
20892089 3 unlicensed activity.
20902090 4 (35) To perform any other lawful acts necessary or
20912091 5 desirable to carry out the purposes and provisions of this
20922092 6 Act and other laws administered by the Division.
20932093 7 (Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
20942094 8 102-813, eff. 5-13-22; 102-975, eff. 1-1-23; revised
20952095 9 12-13-22.)
20962096 10 (20 ILCS 1205/6a) (from Ch. 17, par. 107)
20972097 11 Sec. 6a. Department rulemaking.
20982098 12 (a) In addition to such powers and rulemaking authority as
20992099 13 may be prescribed elsewhere in this Act or other laws
21002100 14 administered by the Division, the Department is authorized and
21012101 15 empowered to adopt rules consistent with the purposes of this
21022102 16 Act applicable to regulated persons, including, but not
21032103 17 limited to:
21042104 18 (1) rules in connection with the activities of
21052105 19 regulated person as may be necessary and appropriate for
21062106 20 the protection of consumers in this State;
21072107 21 (2) rules to define the terms used in this Act and as
21082108 22 may be necessary and appropriate to interpret and
21092109 23 implement the provisions of this Act and any other law
21102110 24 administered by the Division;
21112111 25 (3) rules as may be necessary for the implementation,
21122112
21132113
21142114
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21222122 1 administration, and enforcement of this Act and any other
21232123 2 law administered by the Division;
21242124 3 (4) rules to set and collect fees necessary to
21252125 4 administer and enforce this Act and any other law
21262126 5 administered by the Division, including, but not limited
21272127 6 to, fees relating to:
21282128 7 (i) investigation of licensees and license
21292129 8 applicant fees;
21302130 9 (ii) examination fees;
21312131 10 (iii) contingent fees; and
21322132 11 (iv) such other categories as may be required to
21332133 12 administer this Act and any other law administered by
21342134 13 the Division; and
21352135 14 (5) rules relating to confidential supervisory
21362136 15 information.
21372137 16 (b) The Secretary is authorized and empowered to make
21382138 17 specific rulings, demands, and findings that the Secretary
21392139 18 deems necessary for the proper conduct of regulated persons.
21402140 19 The Director may, in accordance with The Illinois
21412141 20 Administrative Procedure Act, adopt reasonable rules with
21422142 21 respect to the administration and enforcement of any Act the
21432143 22 administration of which is vested in the Director or the
21442144 23 Department.
21452145 24 (Source: P.A. 81-205.)
21462146 25 (20 ILCS 1205/7) (from Ch. 17, par. 108)
21472147
21482148
21492149
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21562156 HB3483 - 61 - LRB103 27826 BMS 54204 b
21572157 1 Sec. 7. The provisions of "The Illinois Administrative
21582158 2 Procedure Act", as now or hereafter amended, are hereby
21592159 3 expressly adopted and incorporated herein as though a part of
21602160 4 this Act, and shall apply to all administrative rules and
21612161 5 procedures of the Division Director and the Department of
21622162 6 Financial Institutions under this Act, except that the
21632163 7 provisions of the Administrative Procedure Act regarding
21642164 8 contested cases shall not apply to actions of the Director
21652165 9 under Section 15.1 of "An Act in relation to the definition,
21662166 10 licensing and regulation of community currency exchanges and
21672167 11 ambulatory currency exchanges, and the operators and employees
21682168 12 thereof, and to make an appropriation therefor, and to provide
21692169 13 penalties and remedies for the violation thereof", approved
21702170 14 June 30, 1943, as amended, or Sections 8 and 61 of "The
21712171 15 Illinois Credit Union Act".
21722172 16 (Source: P.A. 100-22, eff. 1-1-18.)
21732173 17 (20 ILCS 1205/8) (from Ch. 17, par. 109)
21742174 18 Sec. 8. The Secretary Director shall direct and supervise
21752175 19 all Department administrative and technical activities, in
21762176 20 addition to the duties imposed upon the Secretary him
21772177 21 elsewhere in this Act Code, and shall:
21782178 22 (1) Apply and carry out this Act Code and the laws and all
21792179 23 rules adopted in pursuance thereof.
21802180 24 (2) Appoint, subject to the provisions of the Personnel
21812181 25 Code, such employees of the Division Department and such
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21922192 1 experts and special assistants as may be necessary to carry
21932193 2 out effectively the provisions of this Act Code.
21942194 3 (3) Foster and develop programs with financial
21952195 4 institutions, for the best interests of these institutions,
21962196 5 their services and the people of the State of Illinois.
21972197 6 (4) Attend meetings of the Advisory Boards created by laws
21982198 7 relating to financial institutions.
21992199 8 (5) (Blank). Make continuous studies and report his
22002200 9 recommendations to the Governor for the improvement of the
22012201 10 Department.
22022202 11 (6) (Blank). Make an annual report regarding the work of
22032203 12 the Department and such special reports as he may consider
22042204 13 desirable to the Governor, or as the Governor may request.
22052205 14 (7) Perform any other lawful acts which the Secretary he
22062206 15 may consider necessary or desirable to carry out the purposes
22072207 16 and provisions of this Act Law.
22082208 17 (Source: Laws 1957, p. 369.)
22092209 18 (20 ILCS 1205/15) (from Ch. 17, par. 116)
22102210 19 Sec. 15. This Act shall not affect any act done, ratified
22112211 20 or confirmed or any right accrued or established, or affect or
22122212 21 abate any action or proceeding had or commenced in a civil or
22132213 22 criminal cause before this Act takes effect; but such actions
22142214 23 or proceedings may be prosecuted and continued by the Division
22152215 24 Department of Financial Institutions.
22162216 25 (Source: Laws 1957, p. 369.)
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22272227 1 (20 ILCS 1205/16) (from Ch. 17, par. 117)
22282228 2 Sec. 16. The Governor shall appoint a Director of the
22292229 3 Division, who shall oversee the Division and who shall report
22302230 4 to the Secretary. There shall be a Supervisor of Consumer
22312231 5 Credit, a Supervisor of Currency Exchanges, a Supervisor of
22322232 6 Title Insurance, and a Supervisor of Credit Unions. The
22332233 7 respective supervisors Supervisors shall be appointed by and
22342234 8 responsible to the Director and shall be administratively
22352235 9 responsible within the Department for the financial
22362236 10 institutions and title insurance entities to which their
22372237 11 appointments pertain. The Secretary may appoint other
22382238 12 supervisory staff as deemed necessary to implement any Act
22392239 13 that the Division administers.
22402240 14 (Source: P.A. 99-549, eff. 7-15-16.)
22412241 15 (20 ILCS 1205/17) (from Ch. 17, par. 118)
22422242 16 Sec. 17. Neither the Secretary, the Director, nor any
22432243 17 supervisor in the Division, nor any examiner in the Division
22442244 18 shall be an officer, director, owner, or shareholder of, or a
22452245 19 partner in, or have any proprietary interest, direct or
22462246 20 indirect, in any financial institution under the jurisdiction
22472247 21 of the Division. However, ; provided, however, that ownership
22482248 22 of withdrawable capital accounts or shares in credit unions
22492249 23 and ownership of diversified investment funds, employee
22502250 24 benefit plans, pensions, retirement and thrift saving plans,
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22612261 1 or similar financial instruments in which the employee has no
22622262 2 ability to exercise control over or selection of the financial
22632263 3 interests held by the fund are permitted shall not be deemed to
22642264 4 be prevented hereby. If the Secretary, Director, or any
22652265 5 supervisor, or examiner within the Division is a , shall be a
22662266 6 shareholder, or partner in, or an owner of, or has have any
22672267 7 interest, direct or indirect, in any such financial
22682268 8 institution under the jurisdiction of the Division at the time
22692269 9 of their his appointment, they he shall dispose of their his
22702270 10 shares of stock or other evidences of ownership or property
22712271 11 within 120 days after from the date of their his appointment.
22722272 12 It is unlawful for the Secretary, Director, or any supervisor
22732273 13 or examiner within the Division to obtain or repay any loan,
22742274 14 product, or service from a financial institution subject to
22752275 15 the jurisdiction of the Division on terms more favorable than
22762276 16 those offered to the general public. The Department is
22772277 17 authorized to adopt rules to implement or interpret this
22782278 18 Section. It is unlawful for the Director, any supervisor or
22792279 19 examiner to obtain any loan or gratuity from a financial
22802280 20 institution subject to the jurisdiction of the Department as
22812281 21 herein provided. If any other employee of the Department
22822282 22 borrows from or becomes indebted in an aggregate amount of
22832283 23 $2,500 or more to any financial institution subject to the
22842284 24 jurisdiction of the Department, he shall make a written report
22852285 25 to the Director stating the date and amount of such loan or
22862286 26 indebtedness, the security therefor, if any, and the purpose
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22972297 1 or purposes for which proceeds have been or are to be used.
22982298 2 (Source: P.A. 91-357, eff. 7-29-99.)
22992299 3 (20 ILCS 1205/18) (from Ch. 17, par. 119)
23002300 4 Sec. 18. Oaths; subpoenas; penalty.
23012301 5 (a) At any time during the course of any investigation or
23022302 6 hearing conducted pursuant to any Act administered by the
23032303 7 Division, the Secretary The Director shall have the power to
23042304 8 administer oaths, subpoena witnesses, take evidence, and
23052305 9 compel the production of any books, records, or any other
23062306 10 documents that the Secretary deems relevant or pertinent and
23072307 11 papers pertinent to any investigation or hearing regarding the
23082308 12 operation of any financial institution. Witnesses in
23092309 13 investigations or hearings conducted under this Section are
23102310 14 entitled to the same fees and mileage, and in the same manner,
23112311 15 as prescribed by law in judicial proceedings in civil cases of
23122312 16 this State.
23132313 17 (b) Any person who fails to appear in response to a
23142314 18 subpoena, or to answer any question, to or produce any books,
23152315 19 and papers, records, or any documents deemed relevant or
23162316 20 pertinent to such investigation or hearing, or who knowingly
23172317 21 gives false testimony therein, is guilty of a Class A
23182318 22 misdemeanor. Each violation shall constitute a separate and
23192319 23 distinct offense. In addition to initiating criminal
23202320 24 proceedings, the Division, through the Attorney General, may
23212321 25 seek enforcement of any such subpoena in any circuit court of
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23322332 1 this State.
23332333 2 (Source: P.A. 77-2594.)
23342334 3 (20 ILCS 1205/18.2 new)
23352335 4 Sec. 18.2. Court order requiring attendance of witnesses
23362336 5 or production of materials. Upon application by the Division,
23372337 6 any Illinois circuit court may enter an order to enforce a
23382338 7 subpoena issued by the Division for the attendance of
23392339 8 witnesses and the production of relevant books and papers
23402340 9 before the Division in any hearing relative to the denial of an
23412341 10 application, refusal to renew, suspension, revocation, placing
23422342 11 on probationary status, reprimand, fine, or the taking of any
23432343 12 other disciplinary action as may be authorized in any Act
23442344 13 administered by the Division. The court may compel obedience
23452345 14 to its order through proceedings for contempt.
23462346 15 (20 ILCS 1205/18.3 new)
23472347 16 Sec. 18.3. Perjury; penalty. The Secretary may require any
23482348 17 document filed under any Act administered or rule adopted by
23492349 18 the Division to be verified or contain a written affirmation
23502350 19 that it is signed under the penalties of perjury. Any person
23512351 20 who knowingly signs a fraudulent document commits perjury as
23522352 21 defined in Section 32-2 of the Criminal Code of 2012 and for
23532353 22 the purpose of this Section shall be guilty of a Class A
23542354 23 misdemeanor.
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23652365 1 (20 ILCS 1205/18.4 new)
23662366 2 Sec. 18.4. Character and fitness. To receive and maintain
23672367 3 any license for any Act administered by the Division, a
23682368 4 regulated person shall at all times have the character and
23692369 5 general fitness as to justify the confidence of the public and
23702370 6 be fit, willing, and able to carry on the proposed business in
23712371 7 a lawful and fair manner.
23722372 8 (20 ILCS 1205/18.5 new)
23732373 9 Sec. 18.5. Consent orders and settlement agreements. The
23742374 10 Secretary may enter into a consent order or settlement
23752375 11 agreement at any time with a regulated person to resolve a
23762376 12 matter arising under this Act or any other Act under the
23772377 13 jurisdiction of the Division. A consent order or settlement
23782378 14 agreement need not constitute an admission by a regulated
23792379 15 person that this Act or a rule or order issued or adopted under
23802380 16 this Act or any Act under the jurisdiction of the Division has
23812381 17 been violated, nor need it constitute a finding by the
23822382 18 Secretary that the person has violated this Act or a rule or
23832383 19 order adopted under this Act or any Act under the jurisdiction
23842384 20 of the Division.
23852385 21 (20 ILCS 1205/9 rep.)
23862386 22 (20 ILCS 1205/10 rep.)
23872387 23 (20 ILCS 1205/11 rep.)
23882388 24 (20 ILCS 1205/12 rep.)
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23992399 1 (20 ILCS 1205/13 rep.)
24002400 2 (20 ILCS 1205/13.5 rep.)
24012401 3 (20 ILCS 1205/14 rep.)
24022402 4 Section 90-15. The Financial Institutions Code is amended
24032403 5 by repealing Sections 9, 10, 11, 12, 13, 13.5, and 14.
24042404 6 Section 90-20. The State Finance Act is amended by adding
24052405 7 Section 5.990 as follows:
24062406 8 (30 ILCS 105/5.990 new)
24072407 9 Sec. 5.990. The Financial Protection Fund.
24082408 10 Section 90-25. The Collection Agency Act is amended by
24092409 11 changing Section 13.2 as follows:
24102410 12 (205 ILCS 740/13.2) (was 225 ILCS 425/13.2)
24112411 13 (Section scheduled to be repealed on January 1, 2026)
24122412 14 Sec. 13.2. Powers and duties of Department. The Department
24132413 15 shall exercise the powers and duties prescribed by the
24142414 16 Financial Institutions Act Code for the administration of
24152415 17 licensing Acts and shall exercise such other powers and duties
24162416 18 necessary for effectuating the purposes of this Act.
24172417 19 Subject to the provisions of this Act, the Department may:
24182418 20 (1) Conduct hearings on proceedings to refuse to issue
24192419 21 or renew or to revoke licenses or suspend, place on
24202420 22 probation, or reprimand persons licensed under this Act.
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24312431 1 (2) To adopt rules consistent with the purposes of
24322432 2 this Act, including, but not limited to: (i) rules in
24332433 3 connection with the activities of collection agencies as
24342434 4 may be necessary and appropriate for the protection of
24352435 5 consumers in this State; (ii) rules as may be necessary
24362436 6 and appropriate to define and enforce against improper or
24372437 7 fraudulent business practices in connection with the
24382438 8 activities of collection agencies; (iii) rules that define
24392439 9 the terms used in this Act and as may be necessary and
24402440 10 appropriate to interpret and implement the provisions of
24412441 11 this Act; and (iv) rules as may be necessary for the
24422442 12 enforcement of this Act.
24432443 13 (3) Obtain written recommendations from the Board
24442444 14 regarding standards of professional conduct, formal
24452445 15 disciplinary actions and the formulation of rules
24462446 16 affecting these matters. Notice of proposed rulemaking
24472447 17 shall be transmitted to the Board and the Department shall
24482448 18 review the response of the Board and any recommendations
24492449 19 made in the response. The Department may solicit the
24502450 20 advice of the Board on any matter relating to the
24512451 21 administration and enforcement of this Act.
24522452 22 (4) (Blank).
24532453 23 (Source: P.A. 102-975, eff. 1-1-23.)
24542454 24 Article 95.
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24652465 1 Section 95-5. The Currency Exchange Act is amended by
24662466 2 changing Sections 4, 14, and 16 as follows:
24672467 3 (205 ILCS 405/4) (from Ch. 17, par. 4808)
24682468 4 Sec. 4. License application; contents; fees. A licensee
24692469 5 shall obtain a separate license for each licensed location.
24702470 6 Application for such license shall be in writing under oath
24712471 7 and in the form prescribed and furnished by the Secretary.
24722472 8 Each application shall contain the following:
24732473 9 (a) The applicant's full name and address (both of
24742474 10 residence and place of business) if the applicant is a
24752475 11 natural person, and if the applicant is a partnership,
24762476 12 limited liability company, or association, of every member
24772477 13 thereof, and the name and principal office if the
24782478 14 applicant is a corporation;
24792479 15 (b) The county and municipality, with street and
24802480 16 number, if any, where the community currency exchange is
24812481 17 to be conducted, if the application is for a community
24822482 18 currency exchange license;
24832483 19 (c) If the application is for an ambulatory currency
24842484 20 exchange license, the name and address of the employer at
24852485 21 each location to be served by it; and
24862486 22 (d) In the case of a licensee's initial license
24872487 23 application, the applicant's occupation or profession; a
24882488 24 detailed statement of the applicant's business experience
24892489 25 for the 10 years immediately preceding the application; a
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25002500 1 detailed statement of the applicant's finances; the
25012501 2 applicant's present or previous connection with any other
25022502 3 currency exchange; whether the applicant has ever been
25032503 4 involved in any civil or criminal litigation, and the
25042504 5 material facts pertaining thereto; whether the applicant
25052505 6 has ever been committed to any penal institution or
25062506 7 admitted to an institution for the care and treatment of
25072507 8 mentally ill persons; and the nature of applicant's
25082508 9 occupancy of the premises to be licensed where the
25092509 10 application is for a community currency exchange license.
25102510 11 If the applicant is a partnership, the information
25112511 12 specified herein shall be required of each partner. If the
25122512 13 applicant is a corporation or limited liability company,
25132513 14 the said information shall be required of each controlling
25142514 15 person thereof along with disclosure of their ownership
25152515 16 interests.
25162516 17 A licensee's initial community currency exchange license
25172517 18 application shall be accompanied by a fee of $2,500 $1,000 for
25182518 19 the cost of investigating the applicant. A licensee's
25192519 20 application for licenses for additional licensed locations
25202520 21 shall be accompanied by a fee of $1,000 for each additional
25212521 22 license. If the ownership of a licensee or licensed location
25222522 23 changes, in whole or in part, a new application must be filed
25232523 24 pursuant to this Section along with a $500 fee if the
25242524 25 licensee's ownership interests have been transferred or sold
25252525 26 to a new person or entity or a fee of $300 if the licensee's
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25362536 1 ownership interests have been transferred or sold to a current
25372537 2 holder or holders of the licensee's ownership interests. When
25382538 3 the application for a community currency exchange license has
25392539 4 been approved by the Secretary and the applicant so advised,
25402540 5 an additional sum of $1,000 $400 as an annual license fee for a
25412541 6 period terminating on the last day of the current calendar
25422542 7 year shall be paid to the Secretary by the applicant;
25432543 8 provided, that the license fee for an applicant applying for
25442544 9 such a license after July 1st of any year shall be $500 $200
25452545 10 for the balance of such year. Upon receipt of a community
25462546 11 currency exchange license application, the Secretary shall
25472547 12 examine the application for completeness and notify the
25482548 13 applicant in writing of any defect within 20 days after
25492549 14 receipt. The applicant must remedy the defect within 10 days
25502550 15 after the mailing of the notification of the defect by the
25512551 16 Secretary. Failure to timely remedy the defect will void the
25522552 17 application. Once the Secretary determines that the
25532553 18 application is complete, the Secretary shall have 90 business
25542554 19 days to approve or deny the application. If the application is
25552555 20 denied, the Secretary shall send by United States mail notice
25562556 21 of the denial to the applicant at the address set forth in the
25572557 22 application. If an application is denied, the applicant may,
25582558 23 within 10 days after the date of the notice of denial, make a
25592559 24 written request to the Secretary for a hearing on the
25602560 25 application. The hearing shall be set for a date after the
25612561 26 receipt by the Secretary of the request for a hearing, and
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25722572 1 written notice of the time and place of the hearing shall be
25732573 2 mailed to the applicant no later than 15 days before the date
25742574 3 of the hearing. The hearing shall be scheduled for a date
25752575 4 within 56 days after the date of the receipt of the request for
25762576 5 a hearing. The applicant shall pay the actual cost of making
25772577 6 the transcript of the hearing prior to the Secretary's issuing
25782578 7 his or her decision. The Secretary's decision is subject to
25792579 8 review as provided in Section 22.01 of this Act.
25802580 9 An application for an ambulatory currency exchange license
25812581 10 shall be accompanied by a fee of $3,000 $100, which fee shall
25822582 11 be for the cost of investigating the applicant. An approved
25832583 12 applicant shall not be required to pay the initial
25842584 13 investigation fee of $1,000 $100 more than once. When the
25852585 14 application for an ambulatory currency exchange license has
25862586 15 been approved by the Secretary, and such applicant so advised,
25872587 16 such applicant shall pay an annual license fee of $3,000 $25
25882588 17 for each and every location to be served by such applicant;
25892589 18 provided that such license fee for an approved applicant
25902590 19 applying for such a license after July 1st of any year shall be
25912591 20 $1,500 $12 for the balance of such year for each and every
25922592 21 location to be served by such applicant. Such an approved
25932593 22 applicant for an ambulatory currency exchange license, when
25942594 23 applying for a license with respect to a particular location,
25952595 24 shall file with the Secretary, at the time of filing an
25962596 25 application, a letter of memorandum, which shall be in writing
25972597 26 and under oath, signed by the owner or authorized
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26082608 1 representative of the business whose employees are to be
26092609 2 served; such letter or memorandum shall contain a statement
26102610 3 that such service is desired, and that the person signing the
26112611 4 same is authorized so to do. The Secretary shall thereupon
26122612 5 verify the authenticity of the letter or memorandum and the
26132613 6 authority of the person who executed it, to do so.
26142614 7 The Department shall have 45 business days to approve or
26152615 8 deny a licensee's request to purchase another currency
26162616 9 exchange.
26172617 10 (Source: P.A. 99-445, eff. 1-1-16.)
26182618 11 (205 ILCS 405/14) (from Ch. 17, par. 4823)
26192619 12 Sec. 14. Every licensee, shall, on or before November 15,
26202620 13 pay to the Secretary the annual license fee or fees for the
26212621 14 next succeeding calendar year and shall at the same time file
26222622 15 with the Secretary the annual bond or bonds and the insurance
26232623 16 policy or policies as and if required by this Act. The annual
26242624 17 license fee for each community currency exchange shall be
26252625 18 $3,000 $400 for each licensee and $3,000 $400 for each
26262626 19 additional licensed location. The annual license fee for each
26272627 20 location served by an ambulatory currency exchange shall be
26282628 21 $3,000 $25.
26292629 22 (Source: P.A. 99-445, eff. 1-1-16; 99-549, eff. 7-15-16.)
26302630 23 (205 ILCS 405/16) (from Ch. 17, par. 4832)
26312631 24 Sec. 16. Annual report; investigation; costs.
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26422642 1 (a) Each licensee shall annually, on or before the 1st day
26432643 2 of March, file a report with the Secretary for the calendar
26442644 3 year period from January 1st through December 31st, giving
26452645 4 such relevant information as the Secretary may reasonably
26462646 5 require concerning, and for the purpose of examining, the
26472647 6 business and operations during the preceding fiscal year
26482648 7 period of each licensed currency exchange conducted by such
26492649 8 licensee within the State. Such report shall be made under
26502650 9 oath and shall be in the form prescribed by the Secretary. The
26512651 10 Secretary may at any time, and shall at least once in each
26522652 11 year, investigate the currency exchange business of any
26532653 12 licensee and of every person, partnership, association,
26542654 13 limited liability company, and corporation who or which shall
26552655 14 be engaged in the business of operating a currency exchange.
26562656 15 For that purpose, the Secretary shall have free access to the
26572657 16 offices and places of business and to such records of all such
26582658 17 persons, firms, partnerships, associations, limited liability
26592659 18 companies and members thereof, and corporations and to the
26602660 19 officers and directors thereof that shall relate to such
26612661 20 currency exchange business. The investigation may be conducted
26622662 21 in conjunction with representatives of other State agencies or
26632663 22 agencies of another state or of the United States as
26642664 23 determined by the Secretary. The Secretary may at any time
26652665 24 inspect the locations served by an ambulatory currency
26662666 25 exchange, for the purpose of determining whether such currency
26672667 26 exchange is complying with the provisions of this Act at each
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26782678 1 location served. The Secretary may require by subpoena the
26792679 2 attendance of and examine under oath all persons whose
26802680 3 testimony he may require relative to such business, and in
26812681 4 such cases the Secretary, or any qualified representative of
26822682 5 the Secretary whom the Secretary may designate, may administer
26832683 6 oaths to all such persons called as witnesses, and the
26842684 7 Secretary, or any such qualified representative of the
26852685 8 Secretary, may conduct such examinations, and there shall be
26862686 9 paid to the Secretary for each such examination a fee of $1,200
26872687 10 $250 for each day or part thereof for each qualified
26882688 11 representative designated and required to conduct the
26892689 12 examination; provided, however, that in the case of an
26902690 13 ambulatory currency exchange, such fee shall be $1,200 $150
26912691 14 for each day or part thereof.
26922692 15 (b) Confidentiality. All information collected by the
26932693 16 Department in the course of an examination or investigation of
26942694 17 an ambulatory or community currency exchange or applicant,
26952695 18 including, by not limited to, any complaint against an
26962696 19 ambulatory or community currency exchange filed with the
26972697 20 Department, and information collected to investigate any such
26982698 21 complaint shall be maintained for the confidential use of the
26992699 22 Department and shall not be disclosed. The Department may not
27002700 23 disclose such information to anyone other than law enforcement
27012701 24 officials, other regulatory agencies that have an appropriate
27022702 25 regulatory interest as determined by the Secretary, or to a
27032703 26 party presenting a lawful subpoena to the Department.
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27052705
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27142714 1 Information and documents disclosed to a federal, State,
27152715 2 county, or local law enforcement agency shall not be disclosed
27162716 3 by the agency for any purpose to any other agency or person. A
27172717 4 formal complaint filed against a licensee by the Department or
27182718 5 any order issued by the Department against a licensee shall be
27192719 6 a public record, except as otherwise prohibited by law.
27202720 7 (Source: P.A. 97-315, eff. 1-1-12.)
27212721 8 Section 95-10. The Sales Finance Agency Act is amended by
27222722 9 changing Section 6 as follows:
27232723 10 (205 ILCS 660/6) (from Ch. 17, par. 5206)
27242724 11 Sec. 6. For each application for a license, the applicant
27252725 12 shall pay a nonrefundable license fee of $3,000. A license fee
27262726 13 of $300 for the applicant's principal place of business and
27272727 14 $100 for each additional place of business for which a license
27282728 15 is sought must be submitted with an application for license
27292729 16 made before July 1 of any year. If application for a license is
27302730 17 made on July 1 or thereafter, a license fee of $150 for the
27312731 18 principal place of business and of $50 for each additional
27322732 19 place of business must accompany the application. Each license
27332733 20 remains in force until surrendered, suspended, or revoked. If
27342734 21 the application for license is denied, the original license
27352735 22 fee shall be retained by the State in reimbursement of its
27362736 23 costs of investigating that application.
27372737 24 Before the license is granted, the applicant shall prove
27382738
27392739
27402740
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27472747 HB3483 - 78 - LRB103 27826 BMS 54204 b
27482748 1 in form satisfactory to the Director, that the applicant has a
27492749 2 positive net worth of a minimum of $30,000.
27502750 3 A licensee must pay to the Department, and the Department
27512751 4 must receive, by December 1 of each year, the renewal license
27522752 5 application on forms prescribed by the Director and a
27532753 6 nonrefundable license fee of $3,000 for each $300 for the
27542754 7 license for his principal place of business and $100 for each
27552755 8 additional license held as a renewal license fee for the
27562756 9 succeeding calendar year.
27572757 10 (Source: P.A. 92-398, eff. 1-1-02.)
27582758 11 Section 95-15. The Debt Management Service Act is amended
27592759 12 by changing Sections 4 and 6 as follows:
27602760 13 (205 ILCS 665/4) (from Ch. 17, par. 5304)
27612761 14 Sec. 4. Application for license. Application for a license
27622762 15 to engage in the debt management service business in this
27632763 16 State shall be made to the Secretary and shall be in writing,
27642764 17 under oath, and in the form prescribed by the Secretary.
27652765 18 Each applicant, at the time of making such application,
27662766 19 shall pay to the Secretary the sum of $30.00 as a fee for
27672767 20 investigation of the applicant, and the additional sum of
27682768 21 $1,000 $100.00 as a license fee.
27692769 22 Every applicant shall submit to the Secretary, at the time
27702770 23 of the application for a license, a bond to be approved by the
27712771 24 Secretary in which the applicant shall be the obligor, in the
27722772
27732773
27742774
27752775
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27782778
27792779
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27812781 HB3483 - 79 - LRB103 27826 BMS 54204 b
27822782 1 sum of $25,000 or such additional amount as required by the
27832783 2 Secretary based on the amount of disbursements made by the
27842784 3 licensee in the previous year, and in which an insurance
27852785 4 company, which is duly authorized by the State of Illinois, to
27862786 5 transact the business of fidelity and surety insurance shall
27872787 6 be a surety.
27882788 7 The bond shall run to the Secretary for the use of the
27892789 8 Department or of any person or persons who may have a cause of
27902790 9 action against the obligor in said bond arising out of any
27912791 10 violation of this Act or rules by a license. Such bond shall be
27922792 11 conditioned that the obligor will faithfully conform to and
27932793 12 abide by the provisions of this Act and of all rules,
27942794 13 regulations and directions lawfully made by the Secretary and
27952795 14 will pay to the Secretary or to any person or persons any and
27962796 15 all money that may become due or owing to the State or to such
27972797 16 person or persons, from said obligor under and by virtue of the
27982798 17 provisions of this Act.
27992799 18 (Source: P.A. 96-1420, eff. 8-3-10.)
28002800 19 (205 ILCS 665/6) (from Ch. 17, par. 5306)
28012801 20 Sec. 6. Renewal of license. Each debt management service
28022802 21 provider under the provisions of this Act may make application
28032803 22 to the Secretary for renewal of its license, which application
28042804 23 for renewal shall be on the form prescribed by the Secretary
28052805 24 and shall be accompanied by a fee of $1,000 $100.00 together
28062806 25 with a bond or other surety as required, in a minimum amount of
28072807
28082808
28092809
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28132813
28142814
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28162816 HB3483 - 80 - LRB103 27826 BMS 54204 b
28172817 1 $25,000 or such an amount as required by the Secretary based on
28182818 2 the amount of disbursements made by the licensee in the
28192819 3 previous year. The application must be received by the
28202820 4 Department no later than December 1 of the year preceding the
28212821 5 year for which the application applies.
28222822 6 (Source: P.A. 96-1420, eff. 8-3-10.)
28232823 7 Section 95-20. The Consumer Installment Loan Act is
28242824 8 amended by changing Sections 2, 4, and 12.5 as follows:
28252825 9 (205 ILCS 670/2) (from Ch. 17, par. 5402)
28262826 10 Sec. 2. Application; fees; positive net worth. Application
28272827 11 for such license shall be in writing, and in the form
28282828 12 prescribed by the Director. For each application for a
28292829 13 license, the applicant shall pay a nonrefundable license fee
28302830 14 of $3,000 Such applicant at the time of making such
28312831 15 application shall pay to the Director the sum of $300 as an
28322832 16 application fee and the additional sum of $450 as an annual
28332833 17 license fee, for a period terminating on the last day of the
28342834 18 current calendar year; provided that if the application is
28352835 19 filed after June 30th in any year, such license fee shall be
28362836 20 1/2 of the annual license fee for such year.
28372837 21 Before the license is granted, every applicant shall prove
28382838 22 in form satisfactory to the Director that the applicant has
28392839 23 and will maintain a positive net worth of a minimum of $30,000.
28402840 24 Every applicant and licensee shall maintain a surety bond in
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28472847
28482848
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28512851 1 the principal sum of $25,000 issued by a bonding company
28522852 2 authorized to do business in this State and which shall be
28532853 3 approved by the Director. Such bond shall run to the Director
28542854 4 and shall be for the benefit of any consumer who incurs damages
28552855 5 as a result of any violation of the Act or rules by a licensee.
28562856 6 If the Director finds at any time that a bond is of
28572857 7 insufficient size, is insecure, exhausted, or otherwise
28582858 8 doubtful, an additional bond in such amount as determined by
28592859 9 the Director shall be filed by the licensee within 30 days
28602860 10 after written demand therefor by the Director. "Net worth"
28612861 11 means total assets minus total liabilities.
28622862 12 (Source: P.A. 92-398, eff. 1-1-02; 93-32, eff. 7-1-03.)
28632863 13 (205 ILCS 670/4) (from Ch. 17, par. 5404)
28642864 14 Sec. 4. Investigation to determine whether license shall
28652865 15 be issued. Upon the filing of an application and the payment of
28662866 16 the fee, the Director shall investigate to determine (1) that
28672867 17 the reputation of the applicant, including managers of a
28682868 18 limited liability company, partners, owners, officers or
28692869 19 directors thereof is such as to warrant belief that the
28702870 20 business will be operated honestly and fairly within the
28712871 21 purposes of this Act and (2) that the applicant meets the
28722872 22 positive net worth requirement set forth in Section 2 of this
28732873 23 Act. Unless the Director makes findings hereinabove
28742874 24 enumerated, he or she shall not issue a license and shall
28752875 25 notify the applicant of the denial and return to the applicant
28762876
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28862886 1 the sum paid by the applicant as a license fee, but shall
28872887 2 retain the $300 application fee. The Director shall approve or
28882888 3 deny every application for license hereunder within 60 days
28892889 4 from the filing of a complete application thereof with the
28902890 5 fee.
28912891 6 (Source: P.A. 90-437, eff. 1-1-98; 90-575, eff. 3-20-98.)
28922892 7 (205 ILCS 670/12.5)
28932893 8 Sec. 12.5. Limited purpose branch.
28942894 9 (a) Upon the written approval of the Director, a licensee
28952895 10 may maintain a limited purpose branch for the sole purpose of
28962896 11 making loans as permitted by this Act. A limited purpose
28972897 12 branch may include an automatic loan machine. No other
28982898 13 activity shall be conducted at the site, including but not
28992899 14 limited to, accepting payments, servicing the accounts, or
29002900 15 collections.
29012901 16 (b) The licensee must submit an application for a limited
29022902 17 purpose branch to the Director on forms prescribed by the
29032903 18 Director with an application fee of $3,000 $300. The approval
29042904 19 for the limited purpose branch must be renewed concurrently
29052905 20 with the renewal of the licensee's license along with a
29062906 21 renewal fee of $3,000 $300 for the limited purpose branch.
29072907 22 (c) The books, accounts, records, and files of the limited
29082908 23 purpose branch's transactions shall be maintained at the
29092909 24 licensee's licensed location. The licensee shall notify the
29102910 25 Director of the licensed location at which the books,
29112911
29122912
29132913
29142914
29152915
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29172917
29182918
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29202920 HB3483 - 83 - LRB103 27826 BMS 54204 b
29212921 1 accounts, records, and files shall be maintained.
29222922 2 (d) The licensee shall prominently display at the limited
29232923 3 purpose branch the address and telephone number of the
29242924 4 licensee's licensed location.
29252925 5 (e) No other business shall be conducted at the site of the
29262926 6 limited purpose branch unless authorized by the Director.
29272927 7 (f) The Director shall make and enforce reasonable rules
29282928 8 for the conduct of a limited purpose branch.
29292929 9 (g) A limited purpose branch may not be located within
29302930 10 1,000 feet of a facility operated by an inter-track wagering
29312931 11 licensee or an organization licensee subject to the Illinois
29322932 12 Horse Racing Act of 1975, on a riverboat or in a casino subject
29332933 13 to the Illinois Gambling Act, or within 1,000 feet of the
29342934 14 location at which the riverboat docks or within 1,000 feet of a
29352935 15 casino.
29362936 16 (Source: P.A. 101-31, eff. 6-28-19.)
29372937 17 Section 95-25. The Debt Settlement Consumer Protection Act
29382938 18 is amended by changing Section 30 as follows:
29392939 19 (225 ILCS 429/30)
29402940 20 Sec. 30. Renewal of license. Each debt settlement provider
29412941 21 under the provisions of this Act may make application to the
29422942 22 Secretary for renewal of its license, which application for
29432943 23 renewal shall be on the form prescribed by the Secretary and
29442944 24 shall be accompanied by a fee of $3,000 $1,000 together with a
29452945
29462946
29472947
29482948
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29512951
29522952
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29552955 1 bond or other surety as required, in a minimum amount of
29562956 2 $100,000 or an amount as required by the Secretary based on the
29572957 3 amount of disbursements made by the licensee in the previous
29582958 4 year. The application must be received by the Department no
29592959 5 later than December 1 of the year preceding the year for which
29602960 6 the application applies.
29612961 7 (Source: P.A. 96-1420, eff. 8-3-10; 97-333, eff. 8-12-11.)
29622962 8 Article 999. Miscellaneous Provisions; Effective Date
29632963 9 Section 999-95. Construction; severability.
29642964 10 (a) The provisions of this Act shall be liberally
29652965 11 construed to effectuate its purposes.
29662966 12 (b) The provisions of this Act are severable under Section
29672967 13 1.31 of the Statute on Statutes.
29682968 14 (c) To the extent that any provision of this Act is
29692969 15 preempted by federal law, the provision shall not apply and
29702970 16 shall not be enforced solely as to the extent of the preemption
29712971 17 and not as to other circumstances, persons, or applications.
29722972 18 Section 999-99. Effective date. This Act takes effect
29732973 19 January 1, 2024.
29742974 HB3483- 85 -LRB103 27826 BMS 54204 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act4 5 ILCS 140/7.5 5 20 ILCS 1205/1from Ch. 17, par. 101 6 20 ILCS 1205/2from Ch. 17, par. 102 7 20 ILCS 1205/2.5 new 8 20 ILCS 1205/4from Ch. 17, par. 104 9 20 ILCS 1205/6 10 20 ILCS 1205/6afrom Ch. 17, par. 107 11 20 ILCS 1205/7from Ch. 17, par. 108 12 20 ILCS 1205/8from Ch. 17, par. 109 13 20 ILCS 1205/15from Ch. 17, par. 116 14 20 ILCS 1205/16from Ch. 17, par. 117 15 20 ILCS 1205/17from Ch. 17, par. 118 16 20 ILCS 1205/18from Ch. 17, par. 119 17 20 ILCS 1205/18.2 new18 20 ILCS 1205/18.3 new19 20 ILCS 1205/18.4 new20 20 ILCS 1205/18.5 new 21 20 ILCS 1205/9 rep. 22 20 ILCS 1205/10 rep. 23 20 ILCS 1205/11 rep. 24 20 ILCS 1205/12 rep. 25 20 ILCS 1205/13 rep. HB3483- 86 -LRB103 27826 BMS 54204 b HB3483- 85 -LRB103 27826 BMS 54204 b HB3483 - 85 - LRB103 27826 BMS 54204 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 5 ILCS 140/7.5 5 20 ILCS 1205/1 from Ch. 17, par. 101 6 20 ILCS 1205/2 from Ch. 17, par. 102 7 20 ILCS 1205/2.5 new 8 20 ILCS 1205/4 from Ch. 17, par. 104 9 20 ILCS 1205/6 10 20 ILCS 1205/6a from Ch. 17, par. 107 11 20 ILCS 1205/7 from Ch. 17, par. 108 12 20 ILCS 1205/8 from Ch. 17, par. 109 13 20 ILCS 1205/15 from Ch. 17, par. 116 14 20 ILCS 1205/16 from Ch. 17, par. 117 15 20 ILCS 1205/17 from Ch. 17, par. 118 16 20 ILCS 1205/18 from Ch. 17, par. 119 17 20 ILCS 1205/18.2 new 18 20 ILCS 1205/18.3 new 19 20 ILCS 1205/18.4 new 20 20 ILCS 1205/18.5 new 21 20 ILCS 1205/9 rep. 22 20 ILCS 1205/10 rep. 23 20 ILCS 1205/11 rep. 24 20 ILCS 1205/12 rep. 25 20 ILCS 1205/13 rep. HB3483- 86 -LRB103 27826 BMS 54204 b HB3483 - 86 - LRB103 27826 BMS 54204 b
29752975 HB3483- 85 -LRB103 27826 BMS 54204 b HB3483 - 85 - LRB103 27826 BMS 54204 b
29762976 HB3483 - 85 - LRB103 27826 BMS 54204 b
29772977 1 INDEX
29782978 2 Statutes amended in order of appearance
29792979 3 New Act
29802980 4 5 ILCS 140/7.5
29812981 5 20 ILCS 1205/1 from Ch. 17, par. 101
29822982 6 20 ILCS 1205/2 from Ch. 17, par. 102
29832983 7 20 ILCS 1205/2.5 new
29842984 8 20 ILCS 1205/4 from Ch. 17, par. 104
29852985 9 20 ILCS 1205/6
29862986 10 20 ILCS 1205/6a from Ch. 17, par. 107
29872987 11 20 ILCS 1205/7 from Ch. 17, par. 108
29882988 12 20 ILCS 1205/8 from Ch. 17, par. 109
29892989 13 20 ILCS 1205/15 from Ch. 17, par. 116
29902990 14 20 ILCS 1205/16 from Ch. 17, par. 117
29912991 15 20 ILCS 1205/17 from Ch. 17, par. 118
29922992 16 20 ILCS 1205/18 from Ch. 17, par. 119
29932993 17 20 ILCS 1205/18.2 new
29942994 18 20 ILCS 1205/18.3 new
29952995 19 20 ILCS 1205/18.4 new
29962996 20 20 ILCS 1205/18.5 new
29972997 21 20 ILCS 1205/9 rep.
29982998 22 20 ILCS 1205/10 rep.
29992999 23 20 ILCS 1205/11 rep.
30003000 24 20 ILCS 1205/12 rep.
30013001 25 20 ILCS 1205/13 rep.
30023002 HB3483- 86 -LRB103 27826 BMS 54204 b HB3483 - 86 - LRB103 27826 BMS 54204 b
30033003 HB3483 - 86 - LRB103 27826 BMS 54204 b
30043004
30053005
30063006
30073007
30083008
30093009 HB3483 - 84 - LRB103 27826 BMS 54204 b
30103010
30113011
30123012
30133013 HB3483- 85 -LRB103 27826 BMS 54204 b HB3483 - 85 - LRB103 27826 BMS 54204 b
30143014 HB3483 - 85 - LRB103 27826 BMS 54204 b
30153015 1 INDEX
30163016 2 Statutes amended in order of appearance
30173017 3 New Act
30183018 4 5 ILCS 140/7.5
30193019 5 20 ILCS 1205/1 from Ch. 17, par. 101
30203020 6 20 ILCS 1205/2 from Ch. 17, par. 102
30213021 7 20 ILCS 1205/2.5 new
30223022 8 20 ILCS 1205/4 from Ch. 17, par. 104
30233023 9 20 ILCS 1205/6
30243024 10 20 ILCS 1205/6a from Ch. 17, par. 107
30253025 11 20 ILCS 1205/7 from Ch. 17, par. 108
30263026 12 20 ILCS 1205/8 from Ch. 17, par. 109
30273027 13 20 ILCS 1205/15 from Ch. 17, par. 116
30283028 14 20 ILCS 1205/16 from Ch. 17, par. 117
30293029 15 20 ILCS 1205/17 from Ch. 17, par. 118
30303030 16 20 ILCS 1205/18 from Ch. 17, par. 119
30313031 17 20 ILCS 1205/18.2 new
30323032 18 20 ILCS 1205/18.3 new
30333033 19 20 ILCS 1205/18.4 new
30343034 20 20 ILCS 1205/18.5 new
30353035 21 20 ILCS 1205/9 rep.
30363036 22 20 ILCS 1205/10 rep.
30373037 23 20 ILCS 1205/11 rep.
30383038 24 20 ILCS 1205/12 rep.
30393039 25 20 ILCS 1205/13 rep.
30403040
30413041
30423042
30433043
30443044
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30463046
30473047
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30493049 HB3483 - 86 - LRB103 27826 BMS 54204 b
30503050
30513051
30523052
30533053
30543054
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