103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3483

 

Introduced 2/17/2023, 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

 

HB3483LRB103 27826 BMS 54204 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. General Provisions

 
5    Section 1-1. Short title. This Act may be cited as the
6Consumer Financial Protection Law.
 
7    Section 1-5. Definitions.
8    (a) As used in this Act:
9    "Affiliate" means any person that controls, is controlled
10by, or is under common control with another person. For
11purposes of this definition, "control" means the possession,
12direct or indirect, of the power to direct or cause the
13direction of the management and policies of a person.
14    "Confidential supervisory information" means that the
15record or information is exempt from public disclosure under
16any federal or State statute or rules and regulations
17implementing federal or State statute.
18    "Consumer" means an individual; an agent, trustee, or
19representative acting on behalf of an individual; or the
20estate, trust, or joint trust of an individual, however
21denominated.
22    "Covered employee" means any individual performing tasks

 

 

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1related to the offering or provision of a financial product or
2service.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Division of Banking" means the Division of Banking within
6the Department of Financial and Professional Regulation.
7    "Division of Financial Institutions" means the Division of
8Financial Institutions within the Department of Financial and
9Professional Regulation.
10    "Financial law" means a federal or Illinois law that
11directly and specifically regulates the manner, content, or
12terms and conditions of any financial transaction, or any
13account, product, or service related thereto, with respect to
14a consumer.
15    "Financial product or service" means any financial product
16or financial service offered or provided by any person that is
17regulated or required to be regulated by the Department or any
18other financial product or service offered or sold to
19consumers.
20    "Person" includes, without limitation, any individual,
21corporation, business trust, estate, trust, partnership,
22proprietorship, syndicate, limited liability company,
23association, joint venture, government, governmental
24subsection, agency, or instrumentality, public corporation or
25joint stock company, any other organization, or legal or
26commercial entity.

 

 

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1    "Regulated person" or "person regulated" means, to the
2extent not preempted by federal law, any person that (1)
3engages in offering or providing a financial product or
4service to a resident of this State, (2) any affiliate of a
5regulated person, (3) service providers, and (4) related
6persons.
7    "Related person" means (1) any director, officer, or
8employee charged with managerial responsibility for, or the
9controlling shareholder of, or an agent for, a regulated
10person; (2) any shareholder, consultant, joint venture
11partner, or other person, as determined by the Department, by
12rule or on a case-by-case basis, who materially participates
13in the conduct of the affairs of a regulated person; and (3)
14any independent contractor, including any attorney, appraiser,
15or accountant, who knowingly or recklessly participates in any
16(i) violation of any provision of law or regulation, or (ii)
17breach of a fiduciary duty.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation and any authorized representative of
20the Secretary.
21    "Service provider" means any person that provides a
22material service to a regulated person in connection with the
23offering or provision by that regulated person of a financial
24product or service, including a person that either:
25        (1) Participates in designing, operating, or
26    maintaining the financial product or service.

 

 

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1        (2) Processes transactions relating to the financial
2    product or service, other than unknowingly or incidentally
3    transmitting or processing financial data in a manner in
4    which the data is undifferentiated from other types of
5    data of the same form as the person transmits or
6    processes.
7    "Service provider" does not include a person solely by
8virtue of that person offering or providing to a regulated
9person either:
10        (1) A support service of a type provided to businesses
11    generally or a similar ministerial service.
12        (2) Time or space for an advertisement for a financial
13    product or service through print, newspaper, or electronic
14    media.
15    (b) Whenever the terms "include", "including", or terms of
16similar import appear in this Act, unless the context requires
17otherwise, such terms shall not be construed to imply the
18exclusion of any person, class, or thing not specifically
19included.
20    (c) A reference in this Act to any other law or statute of
21this State, or of any other jurisdiction, means such law or
22statute as amended on the effective date of this Act, and
23unless the context otherwise requires, as amended thereafter.
 
24    Section 1-10. Findings and purpose.
25    (a) The General Assembly finds and declares the following:

 

 

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1        (1) The lack of a dedicated financial services
2    regulator with broad authority over providers of financial
3    products and services has left the people of Illinois
4    vulnerable to abuse and forced Illinois businesses to
5    compete with unscrupulous providers. The victimization of
6    Illinois consumers, including those who lack a safety net
7    of personal or household financial resources, not only
8    harms individuals but also has broader social and economic
9    costs to the State, including increased caseloads for
10    social safety net programs. These problems become even
11    more acute in times of crisis, including disasters,
12    financial crises, and economic recessions. Therefore, the
13    General Assembly should enact statutory measures to
14    protect the people of Illinois from abuses in the
15    marketplace for financial products and services.
16        (2) Technological innovation offers great promise for
17    the more effective and efficient provision of financial
18    products and services to the people of Illinois but also
19    poses new risks to consumers and challenges to financial
20    services regulators and law enforcement in addressing
21    those risks. These challenges include, but are not limited
22    to, preventing regulatory arbitrage, maintaining effective
23    oversight of new providers of financial products and
24    services, promoting the stability of Illinois financial
25    institutions and the financial system, protecting the
26    confidentiality, integrity, and availability of

 

 

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1    information systems and consumer information stored on
2    those information systems, and guarding against fraud,
3    money laundering, terrorist financing, and other financial
4    crimes.
5        (3) Robust financial protections enable wealth
6    building and promote a vibrant economy. They are
7    especially important among various populations, including,
8    but not limited to, low-income and moderate-income
9    households, historically marginalized communities,
10    military service members, seniors, students, and new
11    residents of this State. Unfair, deceptive, or abusive
12    practices in the provision of financial products and
13    services undermine the public confidence that is essential
14    to the continued functioning of the financial system,
15    sound extensions of credit to consumers, and the
16    protection of consumers.
17        (4) It is the intent of the General Assembly to enact
18    this Act to strengthen financial protections by expanding
19    the ability of the Department of Financial and
20    Professional Regulation to improve accountability and
21    transparency in the Illinois financial system, provide
22    financial education, and protect Illinois persons from
23    abusive financial practices, while prioritizing the
24    prevention of unethical businesses from harming the most
25    vulnerable populations, including low-income and
26    moderate-income households, historically marginalized

 

 

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1    communities, military service members, seniors, students,
2    and new residents of this State.
3    (b) Among the purposes of this Act shall be the promotion
4of general welfare, fair competition, and wealth creation in
5this State, including by doing the following:
6        (1) Promoting nondiscriminatory access to responsible,
7    affordable credit on terms that reasonably reflect
8    consumers' ability to repay.
9        (2) Promoting nondiscriminatory access to financial
10    products and services that are understandable and not
11    unfair, deceptive, or abusive.
12        (3) Protecting Illinois persons from discrimination
13    and unfair, deceptive, and abusive acts and practices in
14    connection with financial practices and services.
15        (4) Promoting nondiscriminatory protective innovation
16    in financial products and services.
 
17    Section 1-15. Unlawful, unfair, deceptive, or abusive
18acts.
19    (a) It is unlawful for a regulated person to do any of the
20following:
21        (1) Engage, have engaged, or propose to engage in any
22    unlawful, unfair, deceptive, or abusive act or practice
23    with respect to financial products or services.
24        (2) Offer or provide to a consumer any financial
25    product or service not in conformity with any financial

 

 

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1    law or otherwise commit any act or omission in violation
2    of a financial law.
3        (3) Fail or refuse, as required by a financial law or
4    any rule or order issued by the Department under this Act,
5    to do any of the following:
6            (A) Permit the Department access to or copying of
7        records.
8            (B) Establish or maintain records.
9            (C) Make reports or provide information to the
10        Department.
11    (b) For any person who provides substantial assistance to
12a regulated person in violation of subsection (a) or any rule
13or order issued under that provision, the provider of that
14substantial assistance shall be deemed to be in violation of
15that provision, rule, or order to the same extent as the person
16to whom that assistance is provided.
17    (c) Notwithstanding subsection (b), a person shall not be
18held to have violated paragraph (1) of subsection (a) solely
19by virtue of providing or selling advertising time or space to
20a regulated person.
 
21    Section 1-20. Employee protection against retaliation.
22    (a) A regulated person shall not terminate or in any other
23way discriminate or retaliate against, or cause to be
24terminated or discriminated or retaliated against, any
25employee or any authorized representative of covered employees

 

 

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1by reason of the fact that the employee or representative,
2whether at the initiative of the employee or in the ordinary
3course of the duties of the employee, or any person acting
4pursuant to a request of the employee, has either:
5        (1) Filed or instituted, or caused to be filed or
6    instituted, any proceeding under any financial law.
7        (2) Objected to, refused to participate in, or
8    reported to the Department any activity, policy, practice,
9    or assigned task that the employee or other such person
10    reasonably believed to be in violation of any law, rule,
11    order, standard, or prohibition, subject to the
12    jurisdiction of, or enforceable by, the Department.
13    (b) A violation of this Section is enforceable as a
14violation of the Whistleblower Act.
15    (c) This Section does not restrict the remedies available
16under this Act.
 
17    Section 1-25. Exemptions.
18    (a) This Act shall not apply to any financial product or
19service for which registration, chartering, licensing, or any
20other express authorization is required by any State agency or
21department of State government, other than by the Department,
22but only to the extent the financial product or service is
23actually regulated for the purpose of consumer or investor
24protection by such State agency or department of State
25government.

 

 

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1    (b) Products or services shall not be exempt from this Act
2solely because of the following:
3        (1) they are subject to other general laws or
4    regulations for the protection of consumers or investors;
5        (2) they are subject to the Motor Vehicle Retail
6    Installment Sales Act; or
7        (3) they are subject to the Retail Installment Sales
8    Act.
 
9
Article 5. Administration

 
10    Section 5-5. General powers and duties.
11    (a) The Department shall regulate the offering and
12provision of financial products or services under Illinois
13financial laws, unless exempt pursuant to Section 1-25. To the
14extent permissible under federal financial laws, the
15Department shall exercise nonexclusive oversight and
16enforcement under the federal financial laws.
17    (b) The Department shall have the functions, powers, and
18duties as are conferred by this Act, the Division of Banking
19Act, the Financial Institutions Act, and any other law
20relating to the Department. To the extent of any inconsistency
21between functions, powers, and duties granted to the
22Department in this Act and the Division of Banking Act, the
23Financial Institutions Act, and any other law, this Act shall
24control. The functions, powers, and duties granted to the

 

 

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1Department in the Division of Banking Act, the Financial
2Institutions Act, and any other law shall not be deemed as
3inconsistent with this Act so long as they give more
4protection to consumers or competition.
5    (c) The Department shall have the following functions,
6powers, and duties in carrying out its responsibilities under
7this Act and any other financial law under the jurisdiction of
8or enforceable by the Department:
9        (1) to issue or refuse to issue any license,
10    registration, charter, certificate, or other
11    authorization;
12        (2) to revoke or suspend for cause any license,
13    registration, charter, certificate, or other
14    authorization;
15        (3) to keep records of all licenses, registrations,
16    charters, or other authorizations;
17        (4) to receive, consider, investigate, and act upon
18    complaints made by any person relating to a regulated
19    person;
20        (5) to prescribe the forms of and receive:
21            (A) applications for licenses, registrations,
22        charters, or other authorizations; and
23            (B) all reports and all books and records required
24        to be made by any regulated persons;
25        (6) to subpoena documents and witnesses and compel
26    their attendance and production, to administer oaths, and

 

 

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1    to require the production of any books, papers, or other
2    materials relevant to any inquiry authorized by this Act
3    or other financial law under the jurisdiction of or
4    enforceable by the Department;
5        (7) to issue orders against any person:
6            (A) if the Secretary has reasonable cause to
7        believe that an unsafe, unsound, or unlawful practice
8        has occurred, is occurring, or is about to occur;
9            (B) if any person has violated, is violating, or
10        is about to violate any law, rule, or written
11        agreement with the Secretary; or
12            (C) for the purpose of administering the
13        provisions of this Act or other financial law and any
14        rule adopted in accordance with this Act or other
15        financial law;
16        (8) to address any inquiries to any regulated person,
17    or the directors, officers, or employees of the regulated
18    person, in relation to the regulated person's activities
19    and conditions or any other matter connected with its
20    affairs, and it shall be the duty of any person so
21    addressed to promptly reply in writing to those inquiries;
22    the Secretary may also require reports from any regulated
23    person at any time the Secretary chooses;
24        (9) to examine the books and records of every
25    regulated person;
26        (10) to enforce the provisions of this Act and

 

 

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1    Illinois and federal financial laws under the jurisdiction
2    of or enforceable by the Department;
3        (11) to levy fees, fines, civil penalties, charges for
4    services, and assessments to defray operating expenses,
5    including direct and indirect costs, of administering this
6    Act and other financial laws under the jurisdiction of or
7    enforceable by the Department;
8        (12) to appoint examiners, supervisors, experts, and
9    special assistants as needed to effectively and
10    efficiently administer this Act and other financial laws
11    under the jurisdiction of or enforceable by the
12    Department;
13        (13) to conduct hearings for the purpose of carrying
14    out the purposes of this Act;
15        (14) to exercise visitorial power over a regulated
16    person;
17        (15) to enter into cooperative agreements with federal
18    and State regulatory authorities and to accept reports of
19    examinations from federal and State regulatory
20    authorities;
21        (16) to assign on an emergency basis an examiner or
22    examiners to monitor the affairs of a regulated person
23    with whatever frequency the Secretary determines
24    appropriate and to charge the regulated person for
25    reasonable and necessary expenses of the Secretary if in
26    the opinion of the Secretary an emergency exists or

 

 

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1    appears likely to occur;
2        (17) to impose civil penalties against a regulated
3    person for failing to respond to a regulatory request or
4    reporting requirement;
5        (18) to conduct investigations, market surveillance,
6    and research, studies, and analyses of matters affecting
7    the interests of users of financial products and services;
8        (19) to protect users of financial products and
9    services, including by:
10            (A) initiating and encouraging consumer and
11        investor financial education programs and
12        disseminating materials to educate users of financial
13        products and services;
14            (B) developing and implementing outreach and
15        education programs to underserved consumers,
16        investors, and communities;
17            (C) providing technical assistance to federal
18        regulatory agencies, other State agencies or
19        departments of State government, units of local
20        government, law enforcement, and not-for-profits in
21        the development of consumer and investor protection
22        measures with respect to financial products and
23        services;
24            (D) continuing and expanding the detection,
25        investigation, and prevention of fraud, money
26        laundering, terrorist financing, and other financial

 

 

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1        crimes; and
2            (E) taking such actions as the Secretary deems
3        necessary to educate and protect users of financial
4        products and services;
5        (20) to develop and implement initiatives and programs
6    to promote innovation, competition, and access to
7    financial products and services; and
8        (21) to perform any other lawful acts necessary or
9    desirable to carry out the purposes and provisions of this
10    Act and other financial laws.
11    (d) The Department is authorized and encouraged to share
12any information obtained pursuant to this Act or any other law
13under the jurisdiction of or enforceable by the Department
14with law enforcement officials or other regulatory agencies.
15    (e) The Secretary may establish such divisions, bureaus,
16and other units within the Department as may be necessary for
17the administration of the financial laws, and the proper
18exercise of his or her powers and the performance of his or her
19duties under those laws, and may, from time to time,
20reorganize, consolidate, or abolish such divisions, bureaus,
21or other units within the Department. Notwithstanding any
22inconsistent provision of law, the Secretary may determine the
23official functions of each division, bureau, or other unit
24within the Department. Except as may be otherwise provided by
25the Civil Administrative Code of Illinois, the Personnel Code,
26or other applicable law, there shall be a head of each

 

 

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1division, bureau, or other unit to be appointed by the
2Secretary, who shall serve at the pleasure of the Secretary.
 
3    Section 5-10. Funds.
4    (a) All moneys collected or received by the Department
5under this Act shall be deposited into the Financial
6Protection Fund, which is hereby created. The amounts
7deposited into the Financial Protection Fund shall be used for
8the ordinary and contingent expenses of the Department in
9administering this Act and other financial laws; nothing in
10this Act shall prevent the continuation of the practice of
11paying expenses involving salaries, retirement, social
12security, and State-paid insurance of State officers and
13employees by appropriation from the General Revenue Fund or
14any other fund. Moneys deposited into the Financial Protection
15Fund may be transferred to the Professions Indirect Cost Fund
16or any other Department fund.
17    (b) The Department may set and collect an annual or
18quarterly assessment fee for each person required to register
19pursuant to Section 10-5, which may be scaled based on the size
20or market participation of the person. The assessment fee
21shall be limited to the reasonable regulatory costs under this
22Act incident to issuing registrations and performing
23investigations, inspections, examinations, audits, and
24supervisory activities; and the administrative enforcement and
25adjudication of the Department with respect to registrants.

 

 

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1The regulatory costs for the administrative enforcement of
2this Act are for the purposes of protecting consumers against
3unfair, deceptive, or abusive acts or practices in connection
4with any transaction involving the provision of financial
5products and services in this State; protecting registrants
6against unfair competition; improving accountability and
7transparency; and ensuring equitable enforcement of the
8financial laws. The cost of every inspection and examination
9of a regulated person conducted under the authority of this
10Act shall be paid to the Department by the regulated person
11examined and the Department may maintain an action for
12recovery of those costs in any court of competent
13jurisdiction. Nothing in this subsection shall alter or
14supersede the requirements for the cost of an examination
15conducted under the authority of any other law administered by
16the Department.
17    (c) For each fiscal year commencing on or after the
18effective date of this Act, assessments to defray operating
19expenses, including all direct and indirect costs, of the
20Department in administering the financial laws, except
21expenses incurred in the administration of the Illinois
22Banking Act, the Savings Bank Act, the Corporate Fiduciary
23Act, and the Illinois Credit Union Act, may be assessed by the
24Department in accordance with this subsection. The Department
25may adopt rules to set and collect annual or quarterly
26assessment fees to defray operating expenses of administering

 

 

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1each financial law, which shall be borne by and assessed
2against the person regulated by each financial law, and which
3may be scaled based on the size or market participation of such
4regulated persons. Nothing in this subsection shall limit the
5existing authority of the Department to levy fees, fines,
6civil penalties, charges, and assessments under other
7financial laws.
8    (d) Fees and assessments paid pursuant to this Section are
9nonrefundable.
 
10
Article 10. Supervision

 
11    Section 10-5. Registration requirements.
12    (a) The Department may adopt rules regarding registration
13requirements applicable to a regulated person engaged in the
14business of offering or providing a financial product or
15service, including, but not limited to, requiring a filing to
16be made under oath and requiring the payment of assessment
17fees. The Department may require registration through the
18Nationwide Multistate Licensing System and Registry or a
19provider of another multi-state licensing system.
20    (b) Notwithstanding subsection (a), the Department shall
21not require the registration by any of the following:
22        (1) A regulated person who is regulated by the
23    Department under another law and who is providing a
24    financial product or service within the scope of that

 

 

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1    other law.
2        (2) A regulated person who is licensed or registered
3    by another State agency or department of State government,
4    other than the Department, unless the regulated person is
5    offering or providing a financial product or service that
6    is not regulated by the other agency.
7    (c) The following procedures apply to the oversight of
8persons required to register under subsection (a):
9        (1) The Department may adopt rules to facilitate
10    oversight of regulated persons and assessment and
11    detection of risks to consumers.
12        (2) The Department may require a regulated person to
13    generate, provide, or retain records for the purposes of
14    facilitating oversight of those persons and assessing and
15    detecting risks to consumers.
16        (3) The Department may adopt rules regarding a
17    regulated person to ensure that such persons are
18    legitimate entities and are able to perform their
19    obligations to consumers. Such rules may include
20    background checks for principals, officers, directors, or
21    key personnel and bonding or other appropriate financial
22    and safety and soundness requirements.
 
23    Section 10-10. Consumer protection.
24    (a) The Department may adopt rules applicable to any
25regulated person identifying as unlawful, unfair, deceptive,

 

 

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1or abusive acts or practices in connection with any
2transaction for a financial product or service, or the
3offering of a financial product or service. Rules adopted
4pursuant to this subsection may include requirements for the
5purpose of preventing those acts or practices.
6    (b) The Department may adopt rules applicable to any
7regulated person to ensure that the features of any financial
8product or service, both initially and over the term of the
9product or service, are fully, accurately, and effectively
10disclosed to persons in a manner that permits persons to
11understand the costs, benefits, and risks associated with the
12product or service in light of the facts and circumstances.
13    (c) In conducting any monitoring, regulatory, or
14supervision activity, the Department may gather information
15from time to time regarding the organization, business
16conduct, markets, and activities of any regulated person.
17    (d) The Department may require any regulated person to
18file with the Department, under oath or otherwise, in a form
19and within a reasonable period of time as the Department may
20order, annual reports, special reports, or answers in writing
21to specific questions, as necessary for the Department to
22fulfill its monitoring, regulatory, supervision, and reporting
23responsibilities.
24    (e) To clarify the applicability of State credit cost
25limitations, including rate and fee caps, to the offering and
26provision of financial products and services by a regulated

 

 

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1person, the Department may interpret and implement, including
2to prevent evasion, all Illinois credit cost provisions as to
3their applicability to financial products and services.
4Nothing in this subsection (e) shall be construed to give the
5Department authority to establish a usury limit applicable to
6an extension of credit offered or made by a regulated person to
7a person except as otherwise provided for by law.
 
8    Section 10-15. Cybersecurity.
9    (a) Each entity covered by this Section shall maintain a
10cybersecurity program that is consistent with any applicable
11federal and State laws and any rules adopted by the
12Department. It is unlawful for a covered entity to fail to
13comply with any requirement of this Section or any rule
14adopted by the Department. At a minimum, and subject to any
15rules adopted by the Department, each covered entity shall:
16        (1) Maintain a cybersecurity program designed to
17    protect the confidentiality, integrity, and availability
18    of the covered entity's information systems and nonpublic
19    information stored on those information systems.
20        (2) Implement and maintain a written policy or
21    policies, approved at least annually by a senior officer
22    or the covered entity's board of directors, an appropriate
23    committee thereof, or an equivalent governing body,
24    setting forth the covered entity's policies and procedures
25    for the protection of its information systems and

 

 

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1    nonpublic information stored on those information systems.
2        (3) Designate a qualified individual responsible for
3    overseeing and implementing the covered entity's
4    cybersecurity program and enforcing its cybersecurity
5    policy or policies. The individual must have adequate
6    authority to ensure cybersecurity risks are appropriately
7    managed, including the ability to direct sufficient
8    resources to implement and maintain a cybersecurity
9    program. The individual may be employed by the covered
10    entity, one of its affiliates, or a service provider.
11    (b) To assist in carrying out this Section, the Department
12may adopt rules to define terms used in this Section and to
13establish specific requirements for the cybersecurity program
14required by subsection (a), including, but not limited to,
15rules related to:
16        (1) penetration testing and vulnerability assessment;
17        (2) audit trails;
18        (3) access privileges;
19        (4) application security;
20        (5) risk assessment;
21        (6) cybersecurity personnel and intelligence;
22        (7) affiliates and service providers;
23        (8) authentication;
24        (9) data retention;
25        (10) training and monitoring;
26        (11) encryption;

 

 

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1        (12) incident response;
2        (13) notice of cybersecurity events; and
3        (14) any other requirement necessary and appropriate
4    for the protection of consumers, for the safety and
5    soundness of the covered entity, or to effectuate the
6    purposes of this Section.
7    (c) Each covered entity shall notify the Department
8electronically as promptly as possible but in no event later
9than 72 hours after a determination that a cybersecurity event
10has occurred that is any of the following:
11        (1) cybersecurity events impacting the covered entity
12    of which notice is required to be provided to any
13    government body, self-regulatory agency, or any other
14    supervisory body;
15        (2) cybersecurity events that have a reasonable
16    likelihood of materially harming, disrupting, or degrading
17    any material part of the normal operations of the covered
18    entity;
19        (3) cybersecurity events where an unauthorized user
20    has gained access to a privileged account;
21        (4) cybersecurity events that resulted in the
22    deployment of ransomware within a material part of the
23    covered entity's information system; or
24        (5) other cybersecurity events as defined by the
25    Department by rule.
26    Within a reasonable period of time as the Department may

 

 

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1adopt by rule or by order, each covered entity shall provide
2the Department electronically any information requested
3regarding the investigation of the cybersecurity event.
4Covered entities shall have a continuing obligation to update
5and supplement the information provided.
6    (d) As used in this Section, "covered entity" or "entity
7covered by this Section" means a regulated person that is not
8an individual who is operating under or required to operate
9under a license, registration, charter, certificate, or other
10authorization under a financial law administered by the
11Department.
 
12    Section 10-20. Anti-fraud and anti-money laundering.
13    (a) It is unlawful for a regulated person to do any of the
14following:
15        (1) Commit any fraud or misrepresentation with respect
16    to a financial product or service or involving any person
17    offering to provide or providing financial products or
18    services.
19        (2) Fail to establish and maintain a program to guard
20    against fraud, scams, and unauthorized transactions
21    against consumers involving the regulated person's
22    financial products or services, consistent with any
23    applicable federal and State laws and any rules adopted by
24    the Department.
25    Nothing in this subsection shall affect the construction

 

 

HB3483- 25 -LRB103 27826 BMS 54204 b

1or interpretation of the term "fraud" as it is used in any
2other provision of State law.
3    (b) In order to guard against money laundering and
4terrorist financing, entities covered by this subsection shall
5establish and maintain an anti-money laundering and countering
6the financing of terrorism program that complies with
7applicable federal anti-money laundering laws and regulations.
8Each covered entity shall also comply with applicable federal
9regulations issued by the Office of Foreign Assets Control of
10the United States Department of the Treasury, 31 CFR Part 500.
11It is unlawful for a covered entity to fail to comply with any
12requirement of this subsection or any rule adopted by the
13Department. As used in this subsection, "covered entity" or
14"entity covered by this subsection" means a bank, credit
15union, money transmitter, or other person regulated by the
16Department that is subject to applicable federal anti-money
17laundering laws, 31 U.S.C. Chapter 53, Subchapter II.
18    (c) Whenever the Department is satisfied that a violation
19subject to this Section or other criminal activity under the
20financial laws has been committed or attempted, the Department
21shall report any such violation of law, as the Department
22deems appropriate, to the relevant law enforcement or
23regulatory agencies, the Attorney General, or the State's
24Attorney of the county in which any such violation occurs.
 
25
Article 15. Enforcement

 

 

 

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1    Section 15-5. Subpoena and investigatory powers.
2    (a) The Department, by its Secretary or a person
3designated by him or her, is empowered, at any time during the
4course of any investigation, examination, or hearing conducted
5pursuant to this Act to administer oaths, subpoena witnesses,
6take evidence, and compel the production of any books, papers,
7records, or any other documents that the Secretary or a person
8designated by him or her deems relevant or material to any such
9investigation, examination, or hearing conducted by the
10Department, with the same fees and mileage and in the same
11manner as prescribed by law in judicial proceedings in civil
12cases in circuit courts of this State.
13    (b) The Secretary may require regulated persons to file
14written reports or written answers to questions.
15    (c) Any person who, without lawful authority, fails to
16appear in response to a subpoena or to answer any question or
17produce any books, papers, records, or any other documents
18relevant or material to the investigation or hearing is guilty
19of a Class A misdemeanor. Each violation shall constitute a
20separate and distinct offense.
21    (d) In addition to initiating criminal proceedings through
22referral, the Department, through the Attorney General or
23State's Attorney of the county in which any such violation
24occurs, may seek civil enforcement of any such subpoena by any
25circuit court of this State.
 

 

 

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1    Section 15-10. Enforcement powers.
2    (a) The Department may take any action authorized by this
3law against a regulated person who engages, has engaged, or
4proposes to engage in unfair, deceptive, or abusive practices
5with respect to consumer financial products or services.
6    (b) The Department may take any action authorized by this
7law against a regulated person for any violation of this Act or
8any financial law applicable to such regulated person or for
9any unsafe, unsound, or unlawful practice by such regulated
10person. Violations of this Act by a regulated person
11constitute both a violation of this Act and a violation of the
12financial law under which such regulated person is licensed,
13registered, chartered, authorized, or otherwise regulated by
14the Department.
15    (c) Relief under this Section may include, but is not
16limited to, any of the following:
17        (1) Rescission or reformation of contracts.
18        (2) Refund of moneys or return of real property.
19        (3) Restitution.
20        (4) Disgorgement or compensation for unjust
21    enrichment, with any disgorged amounts returned to the
22    affected consumers, to the extent practicable.
23        (5) Payment of damages or other monetary relief.
24        (6) Public notification regarding the violation,
25    including the costs of notification.

 

 

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1        (7) Limits on the activities or functions of the
2    person.
3        (8) Monetary penalties, as set forth in subsection
4    (d).
5    (d) In any administrative action brought pursuant to this
6Act, the following penalties shall apply:
7        (1) Any person that violates, through any act or
8    omission, any provision of this Act shall forfeit and pay
9    a penalty pursuant to this subsection.
10            (A) The penalty amounts are as follows:
11                (i) For any violation of this Act or a rule,
12            order, or condition imposed in writing by the
13            Department, a penalty may not exceed the greater
14            of $5,000 for each day during which the violation
15            or failure to pay continues or $2,500 for each act
16            or omission in violation.
17                (ii) Notwithstanding subdivision (i), for any
18            reckless violation by a person of this Act or a
19            rule, order, or condition imposed by the
20            Department, a penalty may not exceed the greater
21            of $25,000 for each day during which the violation
22            continues or $10,000 for each act or omission in
23            violation.
24                (iii) Notwithstanding subdivision (i) or (ii),
25            for any knowing violation by a person of this Act
26            or a rule, order, or condition imposed by the

 

 

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1            Department, a penalty may not exceed the lesser of
2            1% of the person's total assets, $1,000,000 for
3            each day during which the violation continues, or
4            $25,000 for each act or omission in violation.
5            (B) In determining the amount of any penalty
6        assessed under this Act, the Department shall take
7        into account mitigating factors and the
8        appropriateness of the penalty with respect to all of
9        the following:
10                (i) The amount of financial resources of the
11            person charged.
12                (ii) The good faith of the person charged.
13                (iii) The gravity of the violation.
14                (iv) The severity of the risks to or losses of
15            the consumer, which may take into account the
16            number of products or services sold or provided.
17                (v) The history of previous violations.
18                (vi) Other facts and circumstances as justice
19            may require.
20        (2) The Department may compromise, modify, or remit
21    any penalty that may be assessed or has already been
22    assessed.
23        (3) Penalties may be imposed to deter future
24    violations by the regulated person or other regulated
25    persons.
 

 

 

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1    Section 15-15. Civil actions.
2    (a) If a person violates any provision of this Act, or a
3rule, order, or condition imposed in writing by the
4Department, the Department through the Attorney General or the
5State's Attorney of the county in which any such violation
6occurs may bring an action in the circuit court to enjoin the
7acts or practices or to enforce compliance with this Act or any
8rule or order adopted pursuant to this Act. Upon a proper
9showing, a permanent or preliminary injunction, restraining
10order, or writ of mandate shall be granted and a receiver,
11monitor, conservator, or other designated fiduciary or officer
12of the court may be appointed for the defendant or the
13defendant's assets, or any other ancillary relief may be
14granted as appropriate. A receiver, monitor, conservator, or
15other designated fiduciary or officer of the court appointed
16by the circuit court pursuant to this Section may, with the
17approval of the court, exercise any or all of the powers of the
18defendant's officers, directors, partners, trustees, or
19persons who exercise similar powers and perform similar
20duties, including the filing of a petition for bankruptcy. No
21action at law or in equity may be maintained by any party
22against the Secretary, a receiver, monitor, conservator, or
23other designated fiduciary or officer of the court, by reason
24of their exercising these powers or performing these duties
25pursuant to the order of, or with the approval of, the circuit
26court.

 

 

HB3483- 31 -LRB103 27826 BMS 54204 b

1    (b) The Secretary may include in any action relief
2authorized by Section 15-10. The circuit court shall have
3jurisdiction to award additional relief.
4    (c) In any action brought by the Department, the
5Department may recover its costs and attorney's fees in
6connection with prosecuting the action if the Department is
7the prevailing party in the action.
 
8    Section 15-20. Limitations on actions.
9    (a) Except as otherwise permitted by law or equity,
10including provisions under any financial law, no civil action
11may be brought under this Act more than 5 years after the date
12of discovery of the violation to which an action relates.
13    (b) In any action arising solely under an Illinois or
14federal financial law:
15        (1) The limitations period under that financial law
16    shall apply, and not the period under subsection (a).
17        (2) The Department may commence, defend, or intervene
18    in the action in accordance with the requirements of that
19    provision of law, as applicable.
 
20    Section 15-25. Hearings and adjudication proceedings.
21    (a) The Department may conduct hearings and adjudication
22proceedings with respect to any person in order to ensure or
23enforce compliance with the following:
24        (1) The provisions of this Act, including any rule,

 

 

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1    order, or condition imposed by the Department under this
2    Act.
3        (2) Any other law that the Department is authorized to
4    enforce and any rules, regulations, or orders adopted
5    pursuant to that law, unless that law specifically limits
6    the Department from conducting a hearing or adjudication
7    proceeding and only to the extent of that limitation.
8    (b) All hearings provided for in this Act shall be
9conducted in accordance with 38 Ill. Adm. Code 100 and the
10Secretary shall have all the powers granted therein.
11    (c) The Department may, by order, assess penalties under
12subsection (d) of Section 15-10. If that person fails to file a
13written request for a hearing within 30 days after the date of
14service of the order, the order shall be deemed a final order
15of the Secretary.
16    (d)(1) If, in the opinion of the Department, any person
17engages, has engaged, or proposes to engage in any activity
18prohibited by Sections 1-15 or 1-20, any unsafe, unsound, or
19unlawful practice, or any activity, act, practice, or course
20of business that violates a law, rule, order, or any condition
21imposed in writing on the person by the Department, the
22Department may issue an order directing the person to cease
23and desist and refrain from engaging in the activity, act,
24practice, or course of business.
25        (2) If that person fails to file a written request for
26    a hearing within 30 days after the date of service of the

 

 

HB3483- 33 -LRB103 27826 BMS 54204 b

1    order, the order shall be deemed a final order of the
2    Secretary.
3    (e) If any person engages, has engaged, or proposes to
4engage in any activity prohibited by Sections 1-15 or 1-20,
5any unsafe, unsound, or unlawful practice, or any activity,
6act, practice, or course of business that violates a law,
7rule, order, or any condition imposed in writing on the person
8by the Department, the Department may include in any
9administrative action authorized under this Section a claim
10for ancillary relief as set forth in subsection (c) of Section
1115-10. The court shall have jurisdiction to award additional
12relief.
13    (f) If, in the opinion of the Department, any regulated
14person engages, has engaged, or proposes to engage in any
15unsafe, unsound, or unlawful practice or any activity, act,
16practice, or course of business that violates a law, rule,
17order, or any condition imposed in writing on the person by the
18Department, the Department may, after notice and an
19opportunity for a hearing, suspend or revoke the license or
20registration of the regulated person. If that person fails to
21file a written request for a hearing within 30 days after the
22date of service of the order, the order shall be deemed a final
23order of the Secretary.
24    (g) An order of the Department shall be served upon every
25person or corporation to be affected thereby by personal
26delivery of a copy of the order by mail, or, at the discretion

 

 

HB3483- 34 -LRB103 27826 BMS 54204 b

1of the Department, by electronic means to an email address
2specified by the person or corporation with the Department.
3Mailing in the United States mail as herein provided shall
4constitute service without additional proof of a receipt of
5such copy or copies of such order.
6    (h) After the exhaustion of the review procedures provided
7for in this Section, the Secretary may apply to the
8appropriate circuit court for an order compelling the cited
9person to comply with the orders of the Secretary.
10        (1) The application shall include a copy of the final
11    order of the Secretary.
12        (2) Upon the filing of the application, the circuit
13    court shall set a date for a hearing for an order to show
14    cause why judgment should not be entered, which shall be
15    set not less than 30 calendar days after the date the
16    application is filed.
17        (3) The Secretary shall serve a copy of the
18    application and final order along with notice of the
19    hearing to all entities or persons cited in the order
20    against whom a civil judgment is sought not less than 15
21    calendar days before the date set for the hearing. Service
22    of the application shall be pursuant to the methods
23    specified by Part 2 of the Civil Practice Law for service
24    of summons.
25        (4) The court shall consider the filing of a copy of
26    the final order of the Secretary and the proof of service

 

 

HB3483- 35 -LRB103 27826 BMS 54204 b

1    of the application and notice of the hearing on the
2    persons or entities against whom the judgment is sought as
3    a sufficient prima facie showing to warrant the issuance
4    of the civil judgment and order at the hearing. The
5    respondent bears the burden of showing by affirmative
6    evidence at the hearing why the order of the Secretary is
7    not final or why the timely notice of application and
8    hearing was not provided to avoid judgment being entered
9    by the circuit court.
10        (5) The respondent shall not be allowed to raise any
11    defenses or present any evidence at the hearing, an
12    appeal, or writ from such proceedings on the application
13    that had been or could have been raised by the respondent
14    at an administrative hearing to challenge the Secretary's
15    order.
16        (6) The judgment issued pursuant to paragraph (4) of
17    this subsection may be for injunctive relief or payment of
18    ancillary relief or penalties. The judgment may be
19    enforced by the court pursuant to the procedures
20    authorized for any other civil judgment.
 
21    Section 15-30. Hearing rules.
22    (a) The Department may, in accordance with the Illinois
23Administrative Procedure Act, adopt rules to provide for
24review within the Department of the Secretary's decisions
25affecting the rights of persons or entities under this Act.

 

 

HB3483- 36 -LRB103 27826 BMS 54204 b

1The review shall provide for, at a minimum:
2        (1) appointment of a hearing officer;
3        (2) appropriate procedural rules, specific deadlines
4    for filings, and standards of evidence and of proof; and
5        (3) provision for apportioning costs among parties to
6    the appeal.
7    (b) All final administrative decisions of the Department
8under this Act, all amendments and modifications of final
9administrative decisions, and any rules adopted by the
10Department pursuant to this Act shall be subject to judicial
11review pursuant to the provisions of the Administrative Review
12Law.
 
13    Section 15-35. No construed restrictions on Secretary or
14other officials.
15    (a) Nothing in this Act shall be construed to restrict the
16exercise of powers or the performance of the duties of the
17Secretary that he or she is authorized to exercise or perform
18by another law.
19    (b) Nothing in this Act shall be construed to restrict the
20exercise of powers or the performance of the duties of the
21Attorney General or any other governmental official that he or
22she is authorized to exercise or perform by law.
 
23
Article 20. Additional Procedural Provisions

 

 

 

HB3483- 37 -LRB103 27826 BMS 54204 b

1    Section 20-5. Confidential supervisory information.
2    (a) Information or documents obtained by employees,
3agents, or representatives of the Department in the course of
4any examination, investigation, audit, visit, registration,
5certification, review, licensing, investigation, or any other
6regulatory activity pursuant this Act and any record prepared
7or obtained by the Department to the extent that the record
8summarizes or contains information derived from any report,
9document, or record described in this Section shall, unless
10made a matter of public record, be deemed confidential and not
11subject to disclosure under the Freedom of Information Act,
12and only subject to disclosure pursuant to subpoena or court
13order as provided in subsection (e).
14    (b) All records of communications or summaries of
15communications between employees, agents, or representatives
16of the Department and employees, agents, or representatives of
17other governmental agencies, a provider of any multi-state
18licensing system, or associations or organizations
19representing federal, State, or local law enforcement or
20regulatory agencies or providers of any multi-state licensing
21system, pursuant to any regulatory or supervision activity
22under this Act and any other financial law under the
23jurisdiction of or enforceable by the Department, are
24confidential to the extent they contain confidential
25supervisory information and not subject to disclosure under
26the Freedom of Information Act.

 

 

HB3483- 38 -LRB103 27826 BMS 54204 b

1    (c) All confidential supervisory information received from
2other governmental agencies, a multi-state licensing system
3provider, or associations or organizations consisting of
4employees, agents, or representatives of such agencies or
5providers, shall not be subject to disclosure under the
6Freedom of Information Act, and only subject to disclosure
7pursuant to subpoena or court order as provided in subsection
8(e).
9    (d) The sharing of any confidential supervisory
10information under this Act with governmental agencies,
11providers of any multi-state licensing system, or associations
12or organizations consisting of employees, agents, or
13representatives of such federal, State, or local law
14enforcement or regulatory agencies, shall not result in the
15loss of privilege arising under federal or State law, or the
16loss of confidentiality protections provided by federal law or
17State law, and are only subject to disclosure pursuant to
18subpoena or court order as provided in subsection (e).
19    (e) Confidential supervisory information may not be
20disclosed to anyone other than the regulated person, law
21enforcement officials or other regulatory agencies that have
22an appropriate regulatory interest as determined by the
23Secretary, or to a party presenting a lawful subpoena, order,
24or other judicial or administrative process to the Secretary.
25The Secretary may immediately appeal to the court of
26jurisdiction the disclosure of such confidential supervisory

 

 

HB3483- 39 -LRB103 27826 BMS 54204 b

1information and seek a stay of the subpoena pending the
2outcome of the appeal. Reports required of regulated persons
3by the Secretary under this Act and results of examinations
4performed by the Secretary under this Act shall be the
5property of only the Secretary but may be shared with the
6regulated person. Access under this Act to the books and
7records of each regulated person shall be limited to the
8Secretary and his or her agents as provided in this Act and to
9the regulated person and its authorized agents and designees.
10No other person shall have access to the books and records of a
11regulated person under this Act. Any person upon whom a demand
12for production of confidential supervisory information is
13made, whether by subpoena, order, or other judicial or
14administrative process, must withhold production of the
15confidential supervisory information and must notify the
16Secretary of the demand, at which time the Secretary is
17authorized to intervene for the purpose of enforcing the
18limitations of this Section or seeking the withdrawal or
19termination of the attempt to compel production of the
20confidential supervisory information. The Secretary may impose
21any conditions and limitations on the disclosure of
22confidential supervisory information that are necessary to
23protect the confidentiality of such information. Except as
24authorized by the Secretary, no person obtaining access to
25confidential supervisory information may make a copy of the
26confidential supervisory information. The Secretary may

 

 

HB3483- 40 -LRB103 27826 BMS 54204 b

1condition a decision to disclose confidential supervisory
2information on entry of a protective order by the court or
3administrative tribunal presiding in the particular case or on
4a written agreement of confidentiality. In a case in which a
5protective order or agreement has already been entered between
6parties other than the Secretary, the Secretary may
7nevertheless condition approval for release of confidential
8supervisory information upon the inclusion of additional or
9amended provisions in the protective order. The Secretary may
10authorize a party who obtained the records for use in one case
11to provide them to another party in another case, subject to
12any conditions that the Secretary may impose on either or both
13parties. The requester shall promptly notify other parties to
14a case of the release of confidential supervisory information
15obtained and, upon entry of a protective order, shall provide
16copies of confidential supervisory information to the other
17parties.
18    (f) The Secretary is authorized to enter agreements or
19sharing arrangements with other governmental agencies,
20providers of any multi-state licensing system, or associations
21or organizations representing governmental agencies or
22providers of any multi-state licensing system. Notwithstanding
23the foregoing, the provisions of this Section shall apply
24regardless of the existence of any such agreement or sharing
25arrangement.
26    (g) This Section in no way limits any right, privilege, or

 

 

HB3483- 41 -LRB103 27826 BMS 54204 b

1authority that the Department has pursuant to any other
2applicable law. This Section does not in any way limit any
3privilege arising under federal or State law or other
4exemption from disclosure pursuant to the Freedom of
5Information Act.
6    (h) Notwithstanding the foregoing, whenever the Secretary
7determines, in his or her sole discretion, that it is in the
8public's interest, he or she may publicly disclose information
9or documents obtained under this Act and any other financial
10law under the jurisdiction of or enforceable by the
11Department, unless otherwise prohibited by law.
 
12    Section 20-10. Additional rulemaking authority.
13    (a) In addition to such powers and rulemaking authority as
14may be prescribed elsewhere in this Act or other financial
15laws under the jurisdiction of or enforceable by the
16Department, the Secretary is hereby authorized and empowered
17to adopt rules consistent with the purposes of this Act,
18including, but not limited to:
19        (1) rules in connection with the activities of
20    regulated persons as may be necessary and appropriate for
21    the protection of consumers in this State;
22        (2) rules to define the terms used in this Act and as
23    may be necessary and appropriate to interpret and
24    implement the provisions of this Act;
25        (3) rules as may be necessary for the administration

 

 

HB3483- 42 -LRB103 27826 BMS 54204 b

1    and enforcement of this Act;
2        (4) rules to set and collect fees necessary to
3    administer and enforce this Act; and
4        (5) rules in connection with the activities of
5    regulated persons as may be necessary and appropriate for
6    the safety and soundness of such regulated persons and the
7    stability of the financial system in this State.
8    (b) The Secretary is hereby authorized and empowered to
9make specific rulings, demands, and findings that he or she
10deems necessary for the proper conduct of the regulated
11persons.
12    (c) The Secretary may adopt rules pursuant to this Act
13upon this Act becoming law with such rules not to take effect
14earlier than January 1, 2024.
 
15
Article 90.

 
16    Section 90-5. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
 
18    (5 ILCS 140/7.5)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be
21exempt from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and

 

 

HB3483- 43 -LRB103 27826 BMS 54204 b

1    Development Act.
2        (b) Library circulation and order records identifying
3    library users with specific materials under the Library
4    Records Confidentiality Act.
5        (c) Applications, related documents, and medical
6    records received by the Experimental Organ Transplantation
7    Procedures Board and any and all documents or other
8    records prepared by the Experimental Organ Transplantation
9    Procedures Board or its staff relating to applications it
10    has received.
11        (d) Information and records held by the Department of
12    Public Health and its authorized representatives relating
13    to known or suspected cases of sexually transmissible
14    disease or any information the disclosure of which is
15    restricted under the Illinois Sexually Transmissible
16    Disease Control Act.
17        (e) Information the disclosure of which is exempted
18    under Section 30 of the Radon Industry Licensing Act.
19        (f) Firm performance evaluations under Section 55 of
20    the Architectural, Engineering, and Land Surveying
21    Qualifications Based Selection Act.
22        (g) Information the disclosure of which is restricted
23    and exempted under Section 50 of the Illinois Prepaid
24    Tuition Act.
25        (h) Information the disclosure of which is exempted
26    under the State Officials and Employees Ethics Act, and

 

 

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1    records of any lawfully created State or local inspector
2    general's office that would be exempt if created or
3    obtained by an Executive Inspector General's office under
4    that Act.
5        (i) Information contained in a local emergency energy
6    plan submitted to a municipality in accordance with a
7    local emergency energy plan ordinance that is adopted
8    under Section 11-21.5-5 of the Illinois Municipal Code.
9        (j) Information and data concerning the distribution
10    of surcharge moneys collected and remitted by carriers
11    under the Emergency Telephone System Act.
12        (k) Law enforcement officer identification information
13    or driver identification information compiled by a law
14    enforcement agency or the Department of Transportation
15    under Section 11-212 of the Illinois Vehicle Code.
16        (l) Records and information provided to a residential
17    health care facility resident sexual assault and death
18    review team or the Executive Council under the Abuse
19    Prevention Review Team Act.
20        (m) Information provided to the predatory lending
21    database created pursuant to Article 3 of the Residential
22    Real Property Disclosure Act, except to the extent
23    authorized under that Article.
24        (n) Defense budgets and petitions for certification of
25    compensation and expenses for court appointed trial
26    counsel as provided under Sections 10 and 15 of the

 

 

HB3483- 45 -LRB103 27826 BMS 54204 b

1    Capital Crimes Litigation Act. This subsection (n) shall
2    apply until the conclusion of the trial of the case, even
3    if the prosecution chooses not to pursue the death penalty
4    prior to trial or sentencing.
5        (o) Information that is prohibited from being
6    disclosed under Section 4 of the Illinois Health and
7    Hazardous Substances Registry Act.
8        (p) Security portions of system safety program plans,
9    investigation reports, surveys, schedules, lists, data, or
10    information compiled, collected, or prepared by or for the
11    Department of Transportation under Sections 2705-300 and
12    2705-616 of the Department of Transportation Law of the
13    Civil Administrative Code of Illinois, the Regional
14    Transportation Authority under Section 2.11 of the
15    Regional Transportation Authority Act, or the St. Clair
16    County Transit District under the Bi-State Transit Safety
17    Act.
18        (q) Information prohibited from being disclosed by the
19    Personnel Record Review Act.
20        (r) Information prohibited from being disclosed by the
21    Illinois School Student Records Act.
22        (s) Information the disclosure of which is restricted
23    under Section 5-108 of the Public Utilities Act.
24        (t) All identified or deidentified health information
25    in the form of health data or medical records contained
26    in, stored in, submitted to, transferred by, or released

 

 

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1    from the Illinois Health Information Exchange, and
2    identified or deidentified health information in the form
3    of health data and medical records of the Illinois Health
4    Information Exchange in the possession of the Illinois
5    Health Information Exchange Office due to its
6    administration of the Illinois Health Information
7    Exchange. The terms "identified" and "deidentified" shall
8    be given the same meaning as in the Health Insurance
9    Portability and Accountability Act of 1996, Public Law
10    104-191, or any subsequent amendments thereto, and any
11    regulations promulgated thereunder.
12        (u) Records and information provided to an independent
13    team of experts under the Developmental Disability and
14    Mental Health Safety Act (also known as Brian's Law).
15        (v) Names and information of people who have applied
16    for or received Firearm Owner's Identification Cards under
17    the Firearm Owners Identification Card Act or applied for
18    or received a concealed carry license under the Firearm
19    Concealed Carry Act, unless otherwise authorized by the
20    Firearm Concealed Carry Act; and databases under the
21    Firearm Concealed Carry Act, records of the Concealed
22    Carry Licensing Review Board under the Firearm Concealed
23    Carry Act, and law enforcement agency objections under the
24    Firearm Concealed Carry Act.
25        (v-5) Records of the Firearm Owner's Identification
26    Card Review Board that are exempted from disclosure under

 

 

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1    Section 10 of the Firearm Owners Identification Card Act.
2        (w) Personally identifiable information which is
3    exempted from disclosure under subsection (g) of Section
4    19.1 of the Toll Highway Act.
5        (x) Information which is exempted from disclosure
6    under Section 5-1014.3 of the Counties Code or Section
7    8-11-21 of the Illinois Municipal Code.
8        (y) Confidential information under the Adult
9    Protective Services Act and its predecessor enabling
10    statute, the Elder Abuse and Neglect Act, including
11    information about the identity and administrative finding
12    against any caregiver of a verified and substantiated
13    decision of abuse, neglect, or financial exploitation of
14    an eligible adult maintained in the Registry established
15    under Section 7.5 of the Adult Protective Services Act.
16        (z) Records and information provided to a fatality
17    review team or the Illinois Fatality Review Team Advisory
18    Council under Section 15 of the Adult Protective Services
19    Act.
20        (aa) Information which is exempted from disclosure
21    under Section 2.37 of the Wildlife Code.
22        (bb) Information which is or was prohibited from
23    disclosure by the Juvenile Court Act of 1987.
24        (cc) Recordings made under the Law Enforcement
25    Officer-Worn Body Camera Act, except to the extent
26    authorized under that Act.

 

 

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1        (dd) Information that is prohibited from being
2    disclosed under Section 45 of the Condominium and Common
3    Interest Community Ombudsperson Act.
4        (ee) Information that is exempted from disclosure
5    under Section 30.1 of the Pharmacy Practice Act.
6        (ff) Information that is exempted from disclosure
7    under the Revised Uniform Unclaimed Property Act.
8        (gg) Information that is prohibited from being
9    disclosed under Section 7-603.5 of the Illinois Vehicle
10    Code.
11        (hh) Records that are exempt from disclosure under
12    Section 1A-16.7 of the Election Code.
13        (ii) Information which is exempted from disclosure
14    under Section 2505-800 of the Department of Revenue Law of
15    the Civil Administrative Code of Illinois.
16        (jj) Information and reports that are required to be
17    submitted to the Department of Labor by registering day
18    and temporary labor service agencies but are exempt from
19    disclosure under subsection (a-1) of Section 45 of the Day
20    and Temporary Labor Services Act.
21        (kk) Information prohibited from disclosure under the
22    Seizure and Forfeiture Reporting Act.
23        (ll) Information the disclosure of which is restricted
24    and exempted under Section 5-30.8 of the Illinois Public
25    Aid Code.
26        (mm) Records that are exempt from disclosure under

 

 

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1    Section 4.2 of the Crime Victims Compensation Act.
2        (nn) Information that is exempt from disclosure under
3    Section 70 of the Higher Education Student Assistance Act.
4        (oo) Communications, notes, records, and reports
5    arising out of a peer support counseling session
6    prohibited from disclosure under the First Responders
7    Suicide Prevention Act.
8        (pp) Names and all identifying information relating to
9    an employee of an emergency services provider or law
10    enforcement agency under the First Responders Suicide
11    Prevention Act.
12        (qq) Information and records held by the Department of
13    Public Health and its authorized representatives collected
14    under the Reproductive Health Act.
15        (rr) Information that is exempt from disclosure under
16    the Cannabis Regulation and Tax Act.
17        (ss) Data reported by an employer to the Department of
18    Human Rights pursuant to Section 2-108 of the Illinois
19    Human Rights Act.
20        (tt) Recordings made under the Children's Advocacy
21    Center Act, except to the extent authorized under that
22    Act.
23        (uu) Information that is exempt from disclosure under
24    Section 50 of the Sexual Assault Evidence Submission Act.
25        (vv) Information that is exempt from disclosure under
26    subsections (f) and (j) of Section 5-36 of the Illinois

 

 

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1    Public Aid Code.
2        (ww) Information that is exempt from disclosure under
3    Section 16.8 of the State Treasurer Act.
4        (xx) Information that is exempt from disclosure or
5    information that shall not be made public under the
6    Illinois Insurance Code.
7        (yy) Information prohibited from being disclosed under
8    the Illinois Educational Labor Relations Act.
9        (zz) Information prohibited from being disclosed under
10    the Illinois Public Labor Relations Act.
11        (aaa) Information prohibited from being disclosed
12    under Section 1-167 of the Illinois Pension Code.
13        (bbb) Information that is prohibited from disclosure
14    by the Illinois Police Training Act and the Illinois State
15    Police Act.
16        (ccc) Records exempt from disclosure under Section
17    2605-304 of the Illinois State Police Law of the Civil
18    Administrative Code of Illinois.
19        (ddd) Information prohibited from being disclosed
20    under Section 35 of the Address Confidentiality for
21    Victims of Domestic Violence, Sexual Assault, Human
22    Trafficking, or Stalking Act.
23        (eee) Information prohibited from being disclosed
24    under subsection (b) of Section 75 of the Domestic
25    Violence Fatality Review Act.
26        (fff) Images from cameras under the Expressway Camera

 

 

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1    Act. This subsection (fff) is inoperative on and after
2    July 1, 2023.
3        (ggg) Information prohibited from disclosure under
4    paragraph (3) of subsection (a) of Section 14 of the Nurse
5    Agency Licensing Act.
6        (hhh) Information submitted to the Department of State
7    Police in an affidavit or application for an assault
8    weapon endorsement, assault weapon attachment endorsement,
9    .50 caliber rifle endorsement, or .50 caliber cartridge
10    endorsement under the Firearm Owners Identification Card
11    Act.
12        (iii) Information prohibited from being disclosed
13    under Section 20-5 of the Consumer Financial Protection
14    Law.
15(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
16101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
171-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
18eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
19101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
201-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
21eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
22102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
237-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
 
24    Section 90-10. The Financial Institutions Code is amended
25by changing Sections 1, 2, 4, 6, 6a, 7, 8, 15, 16, 17, and 18

 

 

HB3483- 52 -LRB103 27826 BMS 54204 b

1and by adding Sections 2.5, 18.2, 18.3, 18.4, and 18.5 as
2follows:
 
3    (20 ILCS 1205/1)  (from Ch. 17, par. 101)
4    Sec. 1. Short title. This Act may shall be known and shall
5be cited as the "Financial Institutions Act Code."
6(Source: Laws 1957, p. 369.)
 
7    (20 ILCS 1205/2)  (from Ch. 17, par. 102)
8    Sec. 2. The purpose of the Financial Institutions Act Code
9is to provide under the Governor for the orderly
10administration and enforcement of laws relating to financial
11institutions under the authority of the Governor.
12(Source: Laws 1957, p. 369.)
 
13    (20 ILCS 1205/2.5 new)
14    Sec. 2.5. References to the Department of Financial
15Institutions. All references to the Department of Financial
16Institutions in Illinois law shall be construed as a reference
17to the Division of Financial Institutions of the Department of
18Financial and Professional Regulation. All references to the
19Director of the Department of Financial Institutions in
20Illinois law shall be construed as a reference to the
21Secretary of Financial and Professional Regulation. All
22references to the Financial Institutions Code shall be
23construed as a reference to this Act.
 

 

 

HB3483- 53 -LRB103 27826 BMS 54204 b

1    (20 ILCS 1205/4)  (from Ch. 17, par. 104)
2    Sec. 4. As used in this Act:
3    "Address of record" means the designated address recorded
4by the Division in the applicant's application file or the
5licensee's license file, as maintained by the Division.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Director" means the Director or acting Director of the
9Division of Financial Institutions and any authorized
10representative of the Director.
11    "Division" means the Division of Financial Institutions of
12the Department.
13    "Financial institutions" means ambulatory and community
14currency exchanges, credit unions, guaranteed credit unions,
15money transmitters, title insuring or guaranteeing companies,
16and their agents, consumer installment lenders, payday
17lenders, sales finance agencies, consumer legal funders,
18collections agencies, and any other person industry or
19business that offers services or products that are regulated
20under any Act administered by the Director.
21    "License" means any certificate or authorization issued to
22any person, party, or entity pursuant to any Act administered
23by the Division.
24    "Licensee" means any person, party, or entity who is or
25comes to be certified, chartered, registered, licensed, or

 

 

HB3483- 54 -LRB103 27826 BMS 54204 b

1otherwise authorized by the Division pursuant to any Act
2administered by the Division.
3    "Payday loan" has the meaning ascribed to that term in the
4Payday Loan Reform Act.
5    "Person" means any individual, partnership, joint venture,
6trust, estate, firm, corporation, cooperative society or
7association, or any other form of business association or
8legal entity.
9    "Regulated person" is a person whose activities are
10subject to an Act or rule that is administered by the Division.
11"Regulated person" includes licensees as well as persons who
12are lawfully or unlawfully unlicensed.
13    "Secretary" means the Secretary or acting Secretary of
14Financial and Professional Regulation and any authorized
15representative of the Secretary.
16(Source: P.A. 102-975, eff. 1-1-23.)
 
17    (20 ILCS 1205/6)
18    Sec. 6. General powers and duties. In addition to the
19powers and duties provided by law and imposed elsewhere in
20this Act, the Division has the following powers and duties:
21        (1) To administer and enforce the Consumer Installment
22    Loan Act and its implementing rules.
23        (2) To administer and enforce the Currency Exchange
24    Act and its implementing rules. the Currency Exchange Act
25        (3) To administer and enforce the Debt Management

 

 

HB3483- 55 -LRB103 27826 BMS 54204 b

1    Service Act and its implementing rules.
2        (4) To administer and enforce the Debt Settlement
3    Consumer Protection Act and its implementing rules.
4        (5) To administer and enforce the Illinois Development
5    Credit Corporation Act and its implementing rules.
6        (6) To administer and enforce the Payday Loan Reform
7    Act and its implementing rules. the Safety Deposit License
8    Act
9        (7) To administer and enforce the Safety Deposit
10    License Act and its implementing rules.
11        (8) To administer and enforce the Sales Finance Agency
12    Act and its implementing rules.
13        (9) To administer and enforce the Title Insurance Act
14    and its implementing rules.
15        (10) To administer and enforce the Transmitters of
16    Money Act and its implementing rules.
17        (11) To administer and enforce the Predatory Loan
18    Prevention Act and its implementing rules.
19        (12) To administer and enforce the Motor Vehicle
20    Retail Installment Sales Act and its implementing rules.
21        (13) To administer and enforce the Retail Installment
22    Sales Act and its implementing rules.
23        (14) To administer and enforce the Illinois Credit
24    Union Act and its implementing rules.
25        (15) To administer and enforce the Collection Agency
26    Act and its implementing rules.

 

 

HB3483- 56 -LRB103 27826 BMS 54204 b

1        (16) To administer and enforce the Consumer Legal
2    Funding Act and its implementing rules.
3        (17) (16) To administer and enforce this Act and any
4    other Act administered by the Director or Division.
5        (18) (17) Whenever If the Division is authorized or
6    required by law to consider some aspect of criminal
7    history record information for the purpose of carrying out
8    its statutory powers and responsibilities, then, upon
9    request and payment of fees in conformance with the
10    requirements of Section 2605-400 of the Illinois State
11    Police Law, the Illinois State Police is authorized to
12    furnish, pursuant to positive identification, the
13    information contained in State files that is necessary to
14    fulfill the request to obtain from the Illinois State
15    Police, upon request and payment of the fees required by
16    the Illinois State Police Law of the Civil Administrative
17    Code of Illinois, pursuant to positive identification,
18    such information contained in State files as is necessary
19    to carry out the duties of the Division.
20        (19) (18) To authorize and administer examinations to
21    ascertain the qualifications of applicants and licensees
22    for which the examination is held.
23        (20) (19) To conduct hearings in proceedings to
24    revoke, suspend, refuse to renew, or take other
25    disciplinary action regarding licenses, charters,
26    certifications, registrations, or authorities of persons

 

 

HB3483- 57 -LRB103 27826 BMS 54204 b

1    as authorized in any Act administered by the Division.
2        (21) To receive, consider, investigate, and act upon
3    complaints made by any person relating to a regulated
4    person.
5        (22) To keep records of all licenses, registrations,
6    charters, or other authorizations.
7        (23) To issue orders against any person:
8            (A) if the Secretary has reasonable cause to
9        believe that an unsafe, unsound, unfit, or unlawful
10        practice has occurred, is occurring, or is likely to
11        occur;
12            (B) if any person has violated, is violating, or
13        is about to violate any law, rule, or written
14        agreement with the Secretary; or
15            (C) for the purpose of administering the
16        provisions of this Act or other law and any rule
17        adopted in accordance with this Act or other law
18        administered by the Division.
19        (24) To require information or reports from any
20    regulated person at any time the Secretary chooses.
21        (25) To examine the activities, books, and records of
22    every regulated person.
23        (26) To enforce the provisions of this Act, Illinois
24    laws administered by the Division, and the federal laws
25    applicable to persons regulated by the Division.
26        (27) To levy fees, fines, civil penalties, charges for

 

 

HB3483- 58 -LRB103 27826 BMS 54204 b

1    services, and assessments to defray operating expenses,
2    including direct and indirect costs, of administering this
3    Act and other laws administered by the Division.
4        (28) To enter into cooperative agreements with federal
5    and State regulatory authorities and to accept reports of
6    examinations from federal and State regulatory
7    authorities.
8        (29) To exercise visitorial power over regulated
9    persons.
10        (30) To prescribe the forms of and receive (A)
11    applications for licenses, registrations, charters, or
12    other authorizations; and (B) all reports, books, and
13    records required to be made by any licensee.
14        (31) To subpoena documents and witnesses and compel
15    their attendance and production, to administer oaths, and
16    to require the production of any books, papers, or other
17    materials relevant to any inquiry authorized by this Act
18    or other law administered by the Division.
19        (32) To appoint examiners, supervisors, experts, and
20    special assistants as needed to administer this Act and
21    other laws administered by the Division.
22        (33) To assign an examiner or examiners to monitor the
23    affairs of a regulated person with whatever frequency the
24    Secretary determines appropriate and to charge the
25    regulated person for reasonable and necessary expenses of
26    the Secretary.

 

 

HB3483- 59 -LRB103 27826 BMS 54204 b

1        (34) To investigate unlicensed activity and take any
2    actions reasonably necessary to prohibit and stop
3    unlicensed activity.
4        (35) To perform any other lawful acts necessary or
5    desirable to carry out the purposes and provisions of this
6    Act and other laws administered by the Division.
7(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
8102-813, eff. 5-13-22; 102-975, eff. 1-1-23; revised
912-13-22.)
 
10    (20 ILCS 1205/6a)  (from Ch. 17, par. 107)
11    Sec. 6a. Department rulemaking.
12    (a) In addition to such powers and rulemaking authority as
13may be prescribed elsewhere in this Act or other laws
14administered by the Division, the Department is authorized and
15empowered to adopt rules consistent with the purposes of this
16Act applicable to regulated persons, including, but not
17limited to:
18        (1) rules in connection with the activities of
19    regulated person as may be necessary and appropriate for
20    the protection of consumers in this State;
21        (2) rules to define the terms used in this Act and as
22    may be necessary and appropriate to interpret and
23    implement the provisions of this Act and any other law
24    administered by the Division;
25        (3) rules as may be necessary for the implementation,

 

 

HB3483- 60 -LRB103 27826 BMS 54204 b

1    administration, and enforcement of this Act and any other
2    law administered by the Division;
3        (4) rules to set and collect fees necessary to
4    administer and enforce this Act and any other law
5    administered by the Division, including, but not limited
6    to, fees relating to:
7            (i) investigation of licensees and license
8        applicant fees;
9            (ii) examination fees;
10            (iii) contingent fees; and
11            (iv) such other categories as may be required to
12        administer this Act and any other law administered by
13        the Division; and
14        (5) rules relating to confidential supervisory
15    information.
16    (b) The Secretary is authorized and empowered to make
17specific rulings, demands, and findings that the Secretary
18deems necessary for the proper conduct of regulated persons.
19The Director may, in accordance with The Illinois
20Administrative Procedure Act, adopt reasonable rules with
21respect to the administration and enforcement of any Act the
22administration of which is vested in the Director or the
23Department.
24(Source: P.A. 81-205.)
 
25    (20 ILCS 1205/7)  (from Ch. 17, par. 108)

 

 

HB3483- 61 -LRB103 27826 BMS 54204 b

1    Sec. 7. The provisions of "The Illinois Administrative
2Procedure Act", as now or hereafter amended, are hereby
3expressly adopted and incorporated herein as though a part of
4this Act, and shall apply to all administrative rules and
5procedures of the Division Director and the Department of
6Financial Institutions under this Act, except that the
7provisions of the Administrative Procedure Act regarding
8contested cases shall not apply to actions of the Director
9under Section 15.1 of "An Act in relation to the definition,
10licensing and regulation of community currency exchanges and
11ambulatory currency exchanges, and the operators and employees
12thereof, and to make an appropriation therefor, and to provide
13penalties and remedies for the violation thereof", approved
14June 30, 1943, as amended, or Sections 8 and 61 of "The
15Illinois Credit Union Act".
16(Source: P.A. 100-22, eff. 1-1-18.)
 
17    (20 ILCS 1205/8)  (from Ch. 17, par. 109)
18    Sec. 8. The Secretary Director shall direct and supervise
19all Department administrative and technical activities, in
20addition to the duties imposed upon the Secretary him
21elsewhere in this Act Code, and shall:
22    (1) Apply and carry out this Act Code and the laws and all
23rules adopted in pursuance thereof.
24    (2) Appoint, subject to the provisions of the Personnel
25Code, such employees of the Division Department and such

 

 

HB3483- 62 -LRB103 27826 BMS 54204 b

1experts and special assistants as may be necessary to carry
2out effectively the provisions of this Act Code.
3    (3) Foster and develop programs with financial
4institutions, for the best interests of these institutions,
5their services and the people of the State of Illinois.
6    (4) Attend meetings of the Advisory Boards created by laws
7relating to financial institutions.
8    (5) (Blank). Make continuous studies and report his
9recommendations to the Governor for the improvement of the
10Department.
11    (6) (Blank). Make an annual report regarding the work of
12the Department and such special reports as he may consider
13desirable to the Governor, or as the Governor may request.
14    (7) Perform any other lawful acts which the Secretary he
15may consider necessary or desirable to carry out the purposes
16and provisions of this Act Law.
17(Source: Laws 1957, p. 369.)
 
18    (20 ILCS 1205/15)  (from Ch. 17, par. 116)
19    Sec. 15. This Act shall not affect any act done, ratified
20or confirmed or any right accrued or established, or affect or
21abate any action or proceeding had or commenced in a civil or
22criminal cause before this Act takes effect; but such actions
23or proceedings may be prosecuted and continued by the Division
24Department of Financial Institutions.
25(Source: Laws 1957, p. 369.)
 

 

 

HB3483- 63 -LRB103 27826 BMS 54204 b

1    (20 ILCS 1205/16)  (from Ch. 17, par. 117)
2    Sec. 16. The Governor shall appoint a Director of the
3Division, who shall oversee the Division and who shall report
4to the Secretary. There shall be a Supervisor of Consumer
5Credit, a Supervisor of Currency Exchanges, a Supervisor of
6Title Insurance, and a Supervisor of Credit Unions. The
7respective supervisors Supervisors shall be appointed by and
8responsible to the Director and shall be administratively
9responsible within the Department for the financial
10institutions and title insurance entities to which their
11appointments pertain. The Secretary may appoint other
12supervisory staff as deemed necessary to implement any Act
13that the Division administers.
14(Source: P.A. 99-549, eff. 7-15-16.)
 
15    (20 ILCS 1205/17)  (from Ch. 17, par. 118)
16    Sec. 17. Neither the Secretary, the Director, nor any
17supervisor in the Division, nor any examiner in the Division
18shall be an officer, director, owner, or shareholder of, or a
19partner in, or have any proprietary interest, direct or
20indirect, in any financial institution under the jurisdiction
21of the Division. However, ; provided, however, that ownership
22of withdrawable capital accounts or shares in credit unions
23and ownership of diversified investment funds, employee
24benefit plans, pensions, retirement and thrift saving plans,

 

 

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1or similar financial instruments in which the employee has no
2ability to exercise control over or selection of the financial
3interests held by the fund are permitted shall not be deemed to
4be prevented hereby. If the Secretary, Director, or any
5supervisor, or examiner within the Division is a , shall be a
6shareholder, or partner in, or an owner of, or has have any
7interest, direct or indirect, in any such financial
8institution under the jurisdiction of the Division at the time
9of their his appointment, they he shall dispose of their his
10shares of stock or other evidences of ownership or property
11within 120 days after from the date of their his appointment.
12It is unlawful for the Secretary, Director, or any supervisor
13or examiner within the Division to obtain or repay any loan,
14product, or service from a financial institution subject to
15the jurisdiction of the Division on terms more favorable than
16those offered to the general public. The Department is
17authorized to adopt rules to implement or interpret this
18Section. It is unlawful for the Director, any supervisor or
19examiner to obtain any loan or gratuity from a financial
20institution subject to the jurisdiction of the Department as
21herein provided. If any other employee of the Department
22borrows from or becomes indebted in an aggregate amount of
23$2,500 or more to any financial institution subject to the
24jurisdiction of the Department, he shall make a written report
25to the Director stating the date and amount of such loan or
26indebtedness, the security therefor, if any, and the purpose

 

 

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1or purposes for which proceeds have been or are to be used.
2(Source: P.A. 91-357, eff. 7-29-99.)
 
3    (20 ILCS 1205/18)  (from Ch. 17, par. 119)
4    Sec. 18. Oaths; subpoenas; penalty.
5    (a) At any time during the course of any investigation or
6hearing conducted pursuant to any Act administered by the
7Division, the Secretary The Director shall have the power to
8administer oaths, subpoena witnesses, take evidence, and
9compel the production of any books, records, or any other
10documents that the Secretary deems relevant or pertinent and
11papers pertinent to any investigation or hearing regarding the
12operation of any financial institution. Witnesses in
13investigations or hearings conducted under this Section are
14entitled to the same fees and mileage, and in the same manner,
15as prescribed by law in judicial proceedings in civil cases of
16this State.
17    (b) Any person who fails to appear in response to a
18subpoena, or to answer any question, to or produce any books,
19and papers, records, or any documents deemed relevant or
20pertinent to such investigation or hearing, or who knowingly
21gives false testimony therein, is guilty of a Class A
22misdemeanor. Each violation shall constitute a separate and
23distinct offense. In addition to initiating criminal
24proceedings, the Division, through the Attorney General, may
25seek enforcement of any such subpoena in any circuit court of

 

 

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1this State.
2(Source: P.A. 77-2594.)
 
3    (20 ILCS 1205/18.2 new)
4    Sec. 18.2. Court order requiring attendance of witnesses
5or production of materials. Upon application by the Division,
6any Illinois circuit court may enter an order to enforce a
7subpoena issued by the Division for the attendance of
8witnesses and the production of relevant books and papers
9before the Division in any hearing relative to the denial of an
10application, refusal to renew, suspension, revocation, placing
11on probationary status, reprimand, fine, or the taking of any
12other disciplinary action as may be authorized in any Act
13administered by the Division. The court may compel obedience
14to its order through proceedings for contempt.
 
15    (20 ILCS 1205/18.3 new)
16    Sec. 18.3. Perjury; penalty. The Secretary may require any
17document filed under any Act administered or rule adopted by
18the Division to be verified or contain a written affirmation
19that it is signed under the penalties of perjury. Any person
20who knowingly signs a fraudulent document commits perjury as
21defined in Section 32-2 of the Criminal Code of 2012 and for
22the purpose of this Section shall be guilty of a Class A
23misdemeanor.
 

 

 

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1    (20 ILCS 1205/18.4 new)
2    Sec. 18.4. Character and fitness. To receive and maintain
3any license for any Act administered by the Division, a
4regulated person shall at all times have the character and
5general fitness as to justify the confidence of the public and
6be fit, willing, and able to carry on the proposed business in
7a lawful and fair manner.
 
8    (20 ILCS 1205/18.5 new)
9    Sec. 18.5. Consent orders and settlement agreements. The
10Secretary may enter into a consent order or settlement
11agreement at any time with a regulated person to resolve a
12matter arising under this Act or any other Act under the
13jurisdiction of the Division. A consent order or settlement
14agreement need not constitute an admission by a regulated
15person that this Act or a rule or order issued or adopted under
16this Act or any Act under the jurisdiction of the Division has
17been violated, nor need it constitute a finding by the
18Secretary that the person has violated this Act or a rule or
19order adopted under this Act or any Act under the jurisdiction
20of the Division.
 
21    (20 ILCS 1205/9 rep.)
22    (20 ILCS 1205/10 rep.)
23    (20 ILCS 1205/11 rep.)
24    (20 ILCS 1205/12 rep.)

 

 

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1    (20 ILCS 1205/13 rep.)
2    (20 ILCS 1205/13.5 rep.)
3    (20 ILCS 1205/14 rep.)
4    Section 90-15. The Financial Institutions Code is amended
5by repealing Sections 9, 10, 11, 12, 13, 13.5, and 14.
 
6    Section 90-20. The State Finance Act is amended by adding
7Section 5.990 as follows:
 
8    (30 ILCS 105/5.990 new)
9    Sec. 5.990. The Financial Protection Fund.
 
10    Section 90-25. The Collection Agency Act is amended by
11changing Section 13.2 as follows:
 
12    (205 ILCS 740/13.2)  (was 225 ILCS 425/13.2)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 13.2. Powers and duties of Department. The Department
15shall exercise the powers and duties prescribed by the
16Financial Institutions Act Code for the administration of
17licensing Acts and shall exercise such other powers and duties
18necessary for effectuating the purposes of this Act.
19    Subject to the provisions of this Act, the Department may:
20        (1) Conduct hearings on proceedings to refuse to issue
21    or renew or to revoke licenses or suspend, place on
22    probation, or reprimand persons licensed under this Act.

 

 

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1        (2) To adopt rules consistent with the purposes of
2    this Act, including, but not limited to: (i) rules in
3    connection with the activities of collection agencies as
4    may be necessary and appropriate for the protection of
5    consumers in this State; (ii) rules as may be necessary
6    and appropriate to define and enforce against improper or
7    fraudulent business practices in connection with the
8    activities of collection agencies; (iii) rules that define
9    the terms used in this Act and as may be necessary and
10    appropriate to interpret and implement the provisions of
11    this Act; and (iv) rules as may be necessary for the
12    enforcement of this Act.
13        (3) Obtain written recommendations from the Board
14    regarding standards of professional conduct, formal
15    disciplinary actions and the formulation of rules
16    affecting these matters. Notice of proposed rulemaking
17    shall be transmitted to the Board and the Department shall
18    review the response of the Board and any recommendations
19    made in the response. The Department may solicit the
20    advice of the Board on any matter relating to the
21    administration and enforcement of this Act.
22        (4) (Blank).
23(Source: P.A. 102-975, eff. 1-1-23.)
 
24
Article 95.

 

 

 

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1    Section 95-5. The Currency Exchange Act is amended by
2changing Sections 4, 14, and 16 as follows:
 
3    (205 ILCS 405/4)  (from Ch. 17, par. 4808)
4    Sec. 4. License application; contents; fees. A licensee
5shall obtain a separate license for each licensed location.
6Application for such license shall be in writing under oath
7and in the form prescribed and furnished by the Secretary.
8Each application shall contain the following:
9        (a) The applicant's full name and address (both of
10    residence and place of business) if the applicant is a
11    natural person, and if the applicant is a partnership,
12    limited liability company, or association, of every member
13    thereof, and the name and principal office if the
14    applicant is a corporation;
15        (b) The county and municipality, with street and
16    number, if any, where the community currency exchange is
17    to be conducted, if the application is for a community
18    currency exchange license;
19        (c) If the application is for an ambulatory currency
20    exchange license, the name and address of the employer at
21    each location to be served by it; and
22        (d) In the case of a licensee's initial license
23    application, the applicant's occupation or profession; a
24    detailed statement of the applicant's business experience
25    for the 10 years immediately preceding the application; a

 

 

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1    detailed statement of the applicant's finances; the
2    applicant's present or previous connection with any other
3    currency exchange; whether the applicant has ever been
4    involved in any civil or criminal litigation, and the
5    material facts pertaining thereto; whether the applicant
6    has ever been committed to any penal institution or
7    admitted to an institution for the care and treatment of
8    mentally ill persons; and the nature of applicant's
9    occupancy of the premises to be licensed where the
10    application is for a community currency exchange license.
11    If the applicant is a partnership, the information
12    specified herein shall be required of each partner. If the
13    applicant is a corporation or limited liability company,
14    the said information shall be required of each controlling
15    person thereof along with disclosure of their ownership
16    interests.
17    A licensee's initial community currency exchange license
18application shall be accompanied by a fee of $2,500 $1,000 for
19the cost of investigating the applicant. A licensee's
20application for licenses for additional licensed locations
21shall be accompanied by a fee of $1,000 for each additional
22license. If the ownership of a licensee or licensed location
23changes, in whole or in part, a new application must be filed
24pursuant to this Section along with a $500 fee if the
25licensee's ownership interests have been transferred or sold
26to a new person or entity or a fee of $300 if the licensee's

 

 

HB3483- 72 -LRB103 27826 BMS 54204 b

1ownership interests have been transferred or sold to a current
2holder or holders of the licensee's ownership interests. When
3the application for a community currency exchange license has
4been approved by the Secretary and the applicant so advised,
5an additional sum of $1,000 $400 as an annual license fee for a
6period terminating on the last day of the current calendar
7year shall be paid to the Secretary by the applicant;
8provided, that the license fee for an applicant applying for
9such a license after July 1st of any year shall be $500 $200
10for the balance of such year. Upon receipt of a community
11currency exchange license application, the Secretary shall
12examine the application for completeness and notify the
13applicant in writing of any defect within 20 days after
14receipt. The applicant must remedy the defect within 10 days
15after the mailing of the notification of the defect by the
16Secretary. Failure to timely remedy the defect will void the
17application. Once the Secretary determines that the
18application is complete, the Secretary shall have 90 business
19days to approve or deny the application. If the application is
20denied, the Secretary shall send by United States mail notice
21of the denial to the applicant at the address set forth in the
22application. If an application is denied, the applicant may,
23within 10 days after the date of the notice of denial, make a
24written request to the Secretary for a hearing on the
25application. The hearing shall be set for a date after the
26receipt by the Secretary of the request for a hearing, and

 

 

HB3483- 73 -LRB103 27826 BMS 54204 b

1written notice of the time and place of the hearing shall be
2mailed to the applicant no later than 15 days before the date
3of the hearing. The hearing shall be scheduled for a date
4within 56 days after the date of the receipt of the request for
5a hearing. The applicant shall pay the actual cost of making
6the transcript of the hearing prior to the Secretary's issuing
7his or her decision. The Secretary's decision is subject to
8review as provided in Section 22.01 of this Act.
9    An application for an ambulatory currency exchange license
10shall be accompanied by a fee of $3,000 $100, which fee shall
11be for the cost of investigating the applicant. An approved
12applicant shall not be required to pay the initial
13investigation fee of $1,000 $100 more than once. When the
14application for an ambulatory currency exchange license has
15been approved by the Secretary, and such applicant so advised,
16such applicant shall pay an annual license fee of $3,000 $25
17for each and every location to be served by such applicant;
18provided that such license fee for an approved applicant
19applying for such a license after July 1st of any year shall be
20$1,500 $12 for the balance of such year for each and every
21location to be served by such applicant. Such an approved
22applicant for an ambulatory currency exchange license, when
23applying for a license with respect to a particular location,
24shall file with the Secretary, at the time of filing an
25application, a letter of memorandum, which shall be in writing
26and under oath, signed by the owner or authorized

 

 

HB3483- 74 -LRB103 27826 BMS 54204 b

1representative of the business whose employees are to be
2served; such letter or memorandum shall contain a statement
3that such service is desired, and that the person signing the
4same is authorized so to do. The Secretary shall thereupon
5verify the authenticity of the letter or memorandum and the
6authority of the person who executed it, to do so.
7    The Department shall have 45 business days to approve or
8deny a licensee's request to purchase another currency
9exchange.
10(Source: P.A. 99-445, eff. 1-1-16.)
 
11    (205 ILCS 405/14)  (from Ch. 17, par. 4823)
12    Sec. 14. Every licensee, shall, on or before November 15,
13pay to the Secretary the annual license fee or fees for the
14next succeeding calendar year and shall at the same time file
15with the Secretary the annual bond or bonds and the insurance
16policy or policies as and if required by this Act. The annual
17license fee for each community currency exchange shall be
18$3,000 $400 for each licensee and $3,000 $400 for each
19additional licensed location. The annual license fee for each
20location served by an ambulatory currency exchange shall be
21$3,000 $25.
22(Source: P.A. 99-445, eff. 1-1-16; 99-549, eff. 7-15-16.)
 
23    (205 ILCS 405/16)  (from Ch. 17, par. 4832)
24    Sec. 16. Annual report; investigation; costs.

 

 

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1    (a) Each licensee shall annually, on or before the 1st day
2of March, file a report with the Secretary for the calendar
3year period from January 1st through December 31st, giving
4such relevant information as the Secretary may reasonably
5require concerning, and for the purpose of examining, the
6business and operations during the preceding fiscal year
7period of each licensed currency exchange conducted by such
8licensee within the State. Such report shall be made under
9oath and shall be in the form prescribed by the Secretary. The
10Secretary may at any time, and shall at least once in each
11year, investigate the currency exchange business of any
12licensee and of every person, partnership, association,
13limited liability company, and corporation who or which shall
14be engaged in the business of operating a currency exchange.
15For that purpose, the Secretary shall have free access to the
16offices and places of business and to such records of all such
17persons, firms, partnerships, associations, limited liability
18companies and members thereof, and corporations and to the
19officers and directors thereof that shall relate to such
20currency exchange business. The investigation may be conducted
21in conjunction with representatives of other State agencies or
22agencies of another state or of the United States as
23determined by the Secretary. The Secretary may at any time
24inspect the locations served by an ambulatory currency
25exchange, for the purpose of determining whether such currency
26exchange is complying with the provisions of this Act at each

 

 

HB3483- 76 -LRB103 27826 BMS 54204 b

1location served. The Secretary may require by subpoena the
2attendance of and examine under oath all persons whose
3testimony he may require relative to such business, and in
4such cases the Secretary, or any qualified representative of
5the Secretary whom the Secretary may designate, may administer
6oaths to all such persons called as witnesses, and the
7Secretary, or any such qualified representative of the
8Secretary, may conduct such examinations, and there shall be
9paid to the Secretary for each such examination a fee of $1,200
10$250 for each day or part thereof for each qualified
11representative designated and required to conduct the
12examination; provided, however, that in the case of an
13ambulatory currency exchange, such fee shall be $1,200 $150
14for each day or part thereof.
15    (b) Confidentiality. All information collected by the
16Department in the course of an examination or investigation of
17an ambulatory or community currency exchange or applicant,
18including, by not limited to, any complaint against an
19ambulatory or community currency exchange filed with the
20Department, and information collected to investigate any such
21complaint shall be maintained for the confidential use of the
22Department and shall not be disclosed. The Department may not
23disclose such information to anyone other than law enforcement
24officials, other regulatory agencies that have an appropriate
25regulatory interest as determined by the Secretary, or to a
26party presenting a lawful subpoena to the Department.

 

 

HB3483- 77 -LRB103 27826 BMS 54204 b

1Information and documents disclosed to a federal, State,
2county, or local law enforcement agency shall not be disclosed
3by the agency for any purpose to any other agency or person. A
4formal complaint filed against a licensee by the Department or
5any order issued by the Department against a licensee shall be
6a public record, except as otherwise prohibited by law.
7(Source: P.A. 97-315, eff. 1-1-12.)
 
8    Section 95-10. The Sales Finance Agency Act is amended by
9changing Section 6 as follows:
 
10    (205 ILCS 660/6)  (from Ch. 17, par. 5206)
11    Sec. 6. For each application for a license, the applicant
12shall pay a nonrefundable license fee of $3,000. A license fee
13of $300 for the applicant's principal place of business and
14$100 for each additional place of business for which a license
15is sought must be submitted with an application for license
16made before July 1 of any year. If application for a license is
17made on July 1 or thereafter, a license fee of $150 for the
18principal place of business and of $50 for each additional
19place of business must accompany the application. Each license
20remains in force until surrendered, suspended, or revoked. If
21the application for license is denied, the original license
22fee shall be retained by the State in reimbursement of its
23costs of investigating that application.
24    Before the license is granted, the applicant shall prove

 

 

HB3483- 78 -LRB103 27826 BMS 54204 b

1in form satisfactory to the Director, that the applicant has a
2positive net worth of a minimum of $30,000.
3    A licensee must pay to the Department, and the Department
4must receive, by December 1 of each year, the renewal license
5application on forms prescribed by the Director and a
6nonrefundable license fee of $3,000 for each $300 for the
7license for his principal place of business and $100 for each
8additional license held as a renewal license fee for the
9succeeding calendar year.
10(Source: P.A. 92-398, eff. 1-1-02.)
 
11    Section 95-15. The Debt Management Service Act is amended
12by changing Sections 4 and 6 as follows:
 
13    (205 ILCS 665/4)  (from Ch. 17, par. 5304)
14    Sec. 4. Application for license. Application for a license
15to engage in the debt management service business in this
16State shall be made to the Secretary and shall be in writing,
17under oath, and in the form prescribed by the Secretary.
18    Each applicant, at the time of making such application,
19shall pay to the Secretary the sum of $30.00 as a fee for
20investigation of the applicant, and the additional sum of
21$1,000 $100.00 as a license fee.
22    Every applicant shall submit to the Secretary, at the time
23of the application for a license, a bond to be approved by the
24Secretary in which the applicant shall be the obligor, in the

 

 

HB3483- 79 -LRB103 27826 BMS 54204 b

1sum of $25,000 or such additional amount as required by the
2Secretary based on the amount of disbursements made by the
3licensee in the previous year, and in which an insurance
4company, which is duly authorized by the State of Illinois, to
5transact the business of fidelity and surety insurance shall
6be a surety.
7    The bond shall run to the Secretary for the use of the
8Department or of any person or persons who may have a cause of
9action against the obligor in said bond arising out of any
10violation of this Act or rules by a license. Such bond shall be
11conditioned that the obligor will faithfully conform to and
12abide by the provisions of this Act and of all rules,
13regulations and directions lawfully made by the Secretary and
14will pay to the Secretary or to any person or persons any and
15all money that may become due or owing to the State or to such
16person or persons, from said obligor under and by virtue of the
17provisions of this Act.
18(Source: P.A. 96-1420, eff. 8-3-10.)
 
19    (205 ILCS 665/6)  (from Ch. 17, par. 5306)
20    Sec. 6. Renewal of license. Each debt management service
21provider under the provisions of this Act may make application
22to the Secretary for renewal of its license, which application
23for renewal shall be on the form prescribed by the Secretary
24and shall be accompanied by a fee of $1,000 $100.00 together
25with a bond or other surety as required, in a minimum amount of

 

 

HB3483- 80 -LRB103 27826 BMS 54204 b

1$25,000 or such an amount as required by the Secretary based on
2the amount of disbursements made by the licensee in the
3previous year. The application must be received by the
4Department no later than December 1 of the year preceding the
5year for which the application applies.
6(Source: P.A. 96-1420, eff. 8-3-10.)
 
7    Section 95-20. The Consumer Installment Loan Act is
8amended by changing Sections 2, 4, and 12.5 as follows:
 
9    (205 ILCS 670/2)  (from Ch. 17, par. 5402)
10    Sec. 2. Application; fees; positive net worth. Application
11for such license shall be in writing, and in the form
12prescribed by the Director. For each application for a
13license, the applicant shall pay a nonrefundable license fee
14of $3,000 Such applicant at the time of making such
15application shall pay to the Director the sum of $300 as an
16application fee and the additional sum of $450 as an annual
17license fee, for a period terminating on the last day of the
18current calendar year; provided that if the application is
19filed after June 30th in any year, such license fee shall be
201/2 of the annual license fee for such year.
21    Before the license is granted, every applicant shall prove
22in form satisfactory to the Director that the applicant has
23and will maintain a positive net worth of a minimum of $30,000.
24Every applicant and licensee shall maintain a surety bond in

 

 

HB3483- 81 -LRB103 27826 BMS 54204 b

1the principal sum of $25,000 issued by a bonding company
2authorized to do business in this State and which shall be
3approved by the Director. Such bond shall run to the Director
4and shall be for the benefit of any consumer who incurs damages
5as a result of any violation of the Act or rules by a licensee.
6If the Director finds at any time that a bond is of
7insufficient size, is insecure, exhausted, or otherwise
8doubtful, an additional bond in such amount as determined by
9the Director shall be filed by the licensee within 30 days
10after written demand therefor by the Director. "Net worth"
11means total assets minus total liabilities.
12(Source: P.A. 92-398, eff. 1-1-02; 93-32, eff. 7-1-03.)
 
13    (205 ILCS 670/4)  (from Ch. 17, par. 5404)
14    Sec. 4. Investigation to determine whether license shall
15be issued. Upon the filing of an application and the payment of
16the fee, the Director shall investigate to determine (1) that
17the reputation of the applicant, including managers of a
18limited liability company, partners, owners, officers or
19directors thereof is such as to warrant belief that the
20business will be operated honestly and fairly within the
21purposes of this Act and (2) that the applicant meets the
22positive net worth requirement set forth in Section 2 of this
23Act. Unless the Director makes findings hereinabove
24enumerated, he or she shall not issue a license and shall
25notify the applicant of the denial and return to the applicant

 

 

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1the sum paid by the applicant as a license fee, but shall
2retain the $300 application fee. The Director shall approve or
3deny every application for license hereunder within 60 days
4from the filing of a complete application thereof with the
5fee.
6(Source: P.A. 90-437, eff. 1-1-98; 90-575, eff. 3-20-98.)
 
7    (205 ILCS 670/12.5)
8    Sec. 12.5. Limited purpose branch.
9    (a) Upon the written approval of the Director, a licensee
10may maintain a limited purpose branch for the sole purpose of
11making loans as permitted by this Act. A limited purpose
12branch may include an automatic loan machine. No other
13activity shall be conducted at the site, including but not
14limited to, accepting payments, servicing the accounts, or
15collections.
16    (b) The licensee must submit an application for a limited
17purpose branch to the Director on forms prescribed by the
18Director with an application fee of $3,000 $300. The approval
19for the limited purpose branch must be renewed concurrently
20with the renewal of the licensee's license along with a
21renewal fee of $3,000 $300 for the limited purpose branch.
22    (c) The books, accounts, records, and files of the limited
23purpose branch's transactions shall be maintained at the
24licensee's licensed location. The licensee shall notify the
25Director of the licensed location at which the books,

 

 

HB3483- 83 -LRB103 27826 BMS 54204 b

1accounts, records, and files shall be maintained.
2    (d) The licensee shall prominently display at the limited
3purpose branch the address and telephone number of the
4licensee's licensed location.
5    (e) No other business shall be conducted at the site of the
6limited purpose branch unless authorized by the Director.
7    (f) The Director shall make and enforce reasonable rules
8for the conduct of a limited purpose branch.
9    (g) A limited purpose branch may not be located within
101,000 feet of a facility operated by an inter-track wagering
11licensee or an organization licensee subject to the Illinois
12Horse Racing Act of 1975, on a riverboat or in a casino subject
13to the Illinois Gambling Act, or within 1,000 feet of the
14location at which the riverboat docks or within 1,000 feet of a
15casino.
16(Source: P.A. 101-31, eff. 6-28-19.)
 
17    Section 95-25. The Debt Settlement Consumer Protection Act
18is amended by changing Section 30 as follows:
 
19    (225 ILCS 429/30)
20    Sec. 30. Renewal of license. Each debt settlement provider
21under the provisions of this Act may make application to the
22Secretary for renewal of its license, which application for
23renewal shall be on the form prescribed by the Secretary and
24shall be accompanied by a fee of $3,000 $1,000 together with a

 

 

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1bond or other surety as required, in a minimum amount of
2$100,000 or an amount as required by the Secretary based on the
3amount of disbursements made by the licensee in the previous
4year. The application must be received by the Department no
5later than December 1 of the year preceding the year for which
6the application applies.
7(Source: P.A. 96-1420, eff. 8-3-10; 97-333, eff. 8-12-11.)
 
8
Article 999. Miscellaneous Provisions; Effective Date

 
9    Section 999-95. Construction; severability.
10    (a) The provisions of this Act shall be liberally
11construed to effectuate its purposes.
12    (b) The provisions of this Act are severable under Section
131.31 of the Statute on Statutes.
14    (c) To the extent that any provision of this Act is
15preempted by federal law, the provision shall not apply and
16shall not be enforced solely as to the extent of the preemption
17and not as to other circumstances, persons, or applications.
 
18    Section 999-99. Effective date. This Act takes effect
19January 1, 2024.

 

 

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 1205/1from 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 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

1    20 ILCS 1205/13.5 rep.
2    20 ILCS 1205/14 rep.
3    30 ILCS 105/5.990 new
4    205 ILCS 740/13.2was 225 ILCS 425/13.2
5    205 ILCS 405/4from Ch. 17, par. 4808
6    205 ILCS 405/14from Ch. 17, par. 4823
7    205 ILCS 405/16from Ch. 17, par. 4832
8    205 ILCS 660/6from Ch. 17, par. 5206
9    205 ILCS 665/4from Ch. 17, par. 5304
10    205 ILCS 665/6from Ch. 17, par. 5306
11    205 ILCS 670/2from Ch. 17, par. 5402
12    205 ILCS 670/4from Ch. 17, par. 5404
13    205 ILCS 670/12.5
14    225 ILCS 429/30