Section 600.100  Introduction

 

Pursuant to Section 18 of the State Treasurer Act [15 ILCS 505/18], the Office of the Treasurer promulgates this Part for the procurement and placement of banking services at the State Capitol and automatic teller machines at any State Office Building, State Tourism Center, State Property or State Fairgrounds (Program).

 

Section 600.110  Definitions

 

"Administrative Expenses" means all expenses associated with the implementation, administration, marketing and operation of the Program.  These expenses may include, but are not limited to, staff salaries, benefits, costs incurred in performing outreach activities and providing technical assistance to State agencies, the use of the Office of the Treasurer's equipment for Program purposes, the cost of office space and utilities incurred in connection with the Program, and fees payable to third parties.

 

"Automatic Teller Machine" or "ATM" means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit or convenience account.

 

"Automatic Teller Machines Services" or "ATM Services" means the act of providing an ATM pursuant to a written agreement as required by this Part.

 

"Banking Services" means those services provided by a financial institution relating to the management, investment, transfer and lending of money that the financial institution is authorized by law to provide to the public. 

 

"Credit Union" means a cooperative, non-profit association, incorporated under the Illinois Credit Union Act [205 ILCS 305], under the laws of the United States of America or under the laws of another state, for the purposes of encouraging thrift among its members, creating a source of credit at a reasonable rate of interest, and providing an opportunity for its members to use and control their own money in order to improve their economic and social conditions.

 

"Currency Exchange" means either a "community currency exchange" or an "ambulatory currency exchange" as those terms are defined by the Currency Exchange Act [205 ILCS 405]. 

 

"Financial Institution", in relation to banking services, means a state or federally chartered bank, savings and loan association, savings bank or credit union. 

 

"Jurisdiction of the Property" means the State agency that is in possession or occupancy of land by right or title.

 

"Operator" means any business entity or other person who operates an ATM and provides ATM services.

 

"State Agency" means and includes all boards, commissions, agencies, institutions and authorities, created by or in accordance with the Illinois Constitution or Illinois statute, of the executive branch of State government.  "State agency" does not include colleges, universities, institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, the Board of Higher Education, public employee retirement systems, investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code [40 ILCS 5], the University of Illinois Foundation, units of local government, school districts, community colleges under the Public Community College Act [110 ILCS 805], and the Illinois Comprehensive Health Insurance Program. 

 

"State Fairgrounds" has the same meaning as ascribed in the Illinois State Fair Act [20 ILCS 210].

 

"State Office Building" means any space or structure leased or owned by a State agency. 

 

"State Property" means any property specified in the State Parks Designation Act [20 ILCS 840], i.e., State Park, State Memorial, State Conservation Area, State Natural Area, the Jim Edgar Panther Creek State Fish and Wildlife Area, State Recreational Area, State Boating Access Area.

 

"State Tourism Center" means any property or facility operated and maintained by a State agency for the purpose, at least in part, of providing information to members of the public regarding local accommodations, businesses, restaurants, transportation, events, fairs, festivals and other items of interest. 

 

Section 600.120  Contact Office of the Treasurer

 

a)         No State agency may procure services authorized by this Part at any State Office Building, State Tourism Center, State Property or State Fairgrounds without the approval of the Office of the Treasurer.  State agencies seeking ATM Services and ATM Services approval from the Office of the Treasurer should contact:

 

Office of the Illinois State Treasurer

219 Statehouse

Springfield, Illinois 62706

217/782-2211

 

b)         In determining whether ATM services should be approved for any location, the Office of the Treasurer may consider one or more of the following criteria:

 

                        1)         the approximate number of persons visiting the ATM location per day;

 

                        2)         the likely demand for cash by persons in the immediate vicinity;

 

                        3)         the likelihood of procuring an ATM at that location; and

 

                        4)         any other relevant factor as determined by the Office of the Treasurer.

 

Section 600.130  Agreements with State Agencies

 

a)         The Treasurer may enter into written agreements with the State agency having jurisdiction of the property where ATM services are intended to be provided.

 

b)                  Agreements with a State agency may include the quantity of machines to be located at the property, the exact location of the device, establishment of responsibility for payment of expenses incurred in locating the machine or service, and any other terms deemed proper and necessary by the Treasurer.

 

Section 600.140  Competitive Procedures

 

Banking services and ATM services shall be procured in accordance with the Illinois Procurement Code [30 ILCS 500] and the Office of the Treasurer's procurement rules (44 Ill. Adm. Code 1400).

 

Section 600.150  Agreements with Financial Institutions and Operators

 

a)         The Treasurer may enter into a written agreement with a financial institution for the provision of banking services at the State Capitol.  At a minimum, the agreement shall include the level of banking services to be provided, the amount of compensation to be paid by the financial institution, and any other terms deemed proper and necessary by the Treasurer.

 

b)         The Treasurer may enter into a written agreement with a financial institution or an operator for the provision of ATM services at a State Office Building, State Tourism Center, State Property or State Fairgrounds.  At a minimum the agreement shall include the amount of compensation to be paid by the financial institution or operator and any other terms deemed proper and necessary by the Treasurer.

 

Section 600.160  Treasurer's Rental Fee Fund

 

Any payment, proceed, fee, compensation or other remuneration received by the Office of the Treasurer from a financial institution or operator as required by this Part shall by deposited in the Treasurer's Rental Fee Fund.

 

Section 600.170  Administrative Expenses

 

a)         The administrative expenses of the Program shall be paid from the Treasurer's Rental Fee Fund. 

 

b)         In the event that the Treasurer is obligated to pay administrative expenses of the Program, but the Treasurer's Rental Fee Fund has insufficient funds to make that payment, the obligation to pay the administrative expenses may accrue, but the Treasurer shall not pay the administrative expenses until such time as the Treasurer's Rental Fee Fund has sufficient earnings to support the payment.

 

Section 600.180  Restrictions

 

a)         This Part does not apply to a State office building in which a currency exchange or a credit union providing financial services located in the building on July 1, 1995 is operating. 

 

b)         In the event the currency exchange or credit union that was providing financial services in the State office buildings referenced in subsection (a) ceases its provision of financial services, then that State office building shall become subject to the provisions of this Part.

 

c)         The privileges bestowed upon a currency exchange or credit union pursuant to Section 18(d) of the State Treasurer Act are inalienable, may not be transferred to any other currency exchange or credit union, and are not subject to renewal.