Public Act 099-0039
 
HB3543 EnrolledLRB099 10088 MGM 30311 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Banking Act is amended  by changing 
Sections 48, 48.05, and 78 as follows:
 
 

    (205 ILCS 5/48)

 
    Sec. 48. Secretary's powers; duties. The Secretary shall 
have the
powers and authority, and is charged with the duties 
and responsibilities
designated in this Act, and a State bank 
shall not be subject to any
other visitorial power other than 
as authorized by this Act, except those
vested in the courts, 
or upon prior consultation with the Secretary, a
foreign bank 
regulator with an appropriate supervisory interest in the 
parent
or affiliate of a state bank.  In the performance of the 
Secretary's
duties:

        (1) The Commissioner shall call for statements from all 
    State banks
as provided in Section 47 at least one time 
    during each calendar quarter.

        (2) (a) The Commissioner, as often as the Commissioner 
    shall deem
necessary or
proper, and no less frequently than 
    18 months following the preceding
examination, shall 
    appoint a suitable person or
persons to make an examination 
    of the affairs of every State bank,
except that for every 
    eligible State bank, as defined by regulation, the

    Commissioner in lieu of the examination may accept on an 
    alternating basis the
examination made by the eligible 
    State bank's appropriate federal banking
agency pursuant 
    to Section 111 of the Federal Deposit Insurance Corporation

    Improvement Act of 1991, provided the appropriate federal 
    banking agency has
made such an examination.  A person so 
    appointed shall not be a stockholder or
officer or employee 
    of
any bank which that person may be directed to examine, 
    and shall have
powers to make a thorough examination into 
    all the affairs of the bank and
in so doing to examine any 
    of the officers or agents or employees thereof
on oath and 
    shall make a full and detailed report of the condition of 
    the
bank to the Commissioner.  In making the examination the 
    examiners shall
include an examination of the affairs of 
    all the affiliates of the bank, as
defined in subsection 
    (b) of Section 35.2 of this Act, or subsidiaries of the

    bank as shall be
necessary to disclose fully the conditions 
    of the subsidiaries or
affiliates, the relations
between 
    the bank and the subsidiaries or affiliates and the effect 
    of those
relations upon
the affairs of the bank, and in 
    connection therewith shall have power to
examine any of the 
    officers, directors, agents, or employees of the

    subsidiaries or affiliates
on oath.  After May 31, 1997, the 
    Commissioner may enter into cooperative
agreements
with 
    state regulatory authorities of other states to provide for 
    examination of
State bank branches in those states, and the 
    Commissioner may accept reports
of examinations of State 
    bank branches from those state regulatory authorities.
 
    These cooperative agreements may set forth the manner in 
    which the other state
regulatory authorities may be 
    compensated for examinations prepared for and
submitted to 
    the Commissioner.

        (b) After May 31, 1997, the Commissioner is authorized 
    to examine, as often
as the Commissioner shall deem 
    necessary or proper, branches of out-of-state
banks.  The 
    Commissioner may establish and may assess fees to be paid 
    to the
Commissioner for examinations under this subsection 
    (b).  The fees shall be
borne by the out-of-state bank, 
    unless the fees are borne by the state
regulatory authority 
    that chartered the out-of-state bank, as determined by a

    cooperative agreement between the Commissioner and the 
    state regulatory
authority that chartered the out-of-state 
    bank.

        (2.1) Pursuant to paragraph (a) of subsection (6) of 
    this Section, the Secretary shall adopt rules that ensure 
    consistency and due process in the examination process. The 
    Secretary may also establish guidelines that (i) define the 
    scope of the examination process and (ii) clarify 
    examination items to be resolved. The rules, formal 
    guidance, interpretive letters, or opinions furnished to 
    State banks by the Secretary may be relied upon by the 
    State banks. 
        (2.5) Whenever any State bank, any subsidiary or 
    affiliate of a State
bank, or after May 31, 1997, any 
    branch of an out-of-state bank causes to
be performed, by 
    contract or otherwise, any bank services
for itself, 
    whether on or off its premises:

            (a) that performance shall be subject to 
        examination by the Commissioner
to the same extent as 
        if services were being performed by the bank or, after

        May 31, 1997, branch of the out-of-state bank itself
on 
        its own premises; and

            (b) the bank or, after May 31, 1997, branch of the 
        out-of-state bank
shall notify the Commissioner of the 
        existence of a service
relationship.  The notification 
        shall be submitted with the first statement
of 
        condition (as required by Section 47 of this Act) due 
        after the making
of the service contract or the 
        performance of the service, whichever occurs
first.  
        The Commissioner shall be notified of each subsequent 
        contract in
the same manner.

        For purposes of this subsection (2.5), the term "bank 
    services" means
services such as sorting and posting of 
    checks and deposits, computation
and posting of interest 
    and other credits and charges, preparation and
mailing of 
    checks, statements, notices, and similar items, or any 
    other
clerical, bookkeeping, accounting, statistical, or 
    similar functions
performed for a State bank, including but 
    not limited to electronic data
processing related to those 
    bank services.

        (3) The expense of administering this Act, including 
    the expense of
the examinations of State banks as provided 
    in this Act, shall to the extent
of the amounts resulting 
    from the fees provided for in paragraphs (a),
(a-2), and 
    (b) of this subsection (3) be assessed against and borne by 
    the
State banks:

            (a) Each bank shall pay to the Secretary a Call 
        Report Fee which
shall be paid in quarterly 
        installments equal
to one-fourth of the sum of the 
        annual fixed fee of $800, plus a variable
fee based on 
        the assets shown on the quarterly statement of 
        condition
delivered to the Secretary in accordance 
        with Section 47 for the
preceding quarter according to 
        the following schedule:  16¢ per $1,000 of
the first 
        $5,000,000 of total assets, 15¢ per $1,000 of the next

        $20,000,000 of total assets, 13¢ per $1,000 of the next 
        $75,000,000  of
total assets, 9¢ per $1,000 of the next 
        $400,000,000 of total assets, 7¢
per $1,000 of the next 
        $500,000,000 of total assets, and 5¢ per $1,000 of
all 
        assets in excess of $1,000,000,000, of the State bank. 
        The Call Report
Fee shall be calculated by the 
        Secretary and billed to the banks for
remittance at the 
        time of the quarterly statements of condition
provided 
        for in Section 47. The Secretary may require payment of 
        the fees
provided in this Section by an electronic 
        transfer of funds or an automatic
debit of an account 
        of each of the State banks.  In case more than one

        examination of any
bank is deemed by the Secretary to 
        be necessary in any examination
frequency cycle 
        specified in subsection 2(a) of this Section,
and is 
        performed at his direction, the Secretary may
assess a 
        reasonable additional fee to recover the cost of the 
        additional
examination; provided, however, that an 
        examination conducted at the request
of the State 
        Treasurer pursuant to the Uniform Disposition of 
        Unclaimed
Property Act shall not be deemed to be an 
        additional examination under this
Section.
In lieu
of 
        the method and amounts set forth in this paragraph (a) 
        for the calculation
of the Call Report Fee, the 
        Secretary may specify by
rule that the Call Report Fees 
        provided by this Section may be assessed
semiannually 
        or some other period and may provide in the rule the 
        formula to
be
used for calculating and assessing the 
        periodic Call Report Fees to be paid by
State
banks.

            (a-1) If in the opinion of the Commissioner an 
        emergency exists or
appears likely, the Commissioner 
        may assign an examiner or examiners to
monitor the 
        affairs of a State bank with whatever frequency he 
        deems
appropriate, including but not limited to a daily 
        basis.  The reasonable
and necessary expenses of the 
        Commissioner during the period of the monitoring
shall 
        be borne by the subject bank.  The Commissioner shall 
        furnish the
State bank a statement of time and expenses 
        if requested to do so within 30
days of the conclusion 
        of the monitoring period.

            (a-2) On and after January 1, 1990, the reasonable 
        and necessary
expenses of the Commissioner during 
        examination of the performance of
electronic data 
        processing services under subsection (2.5) shall be

        borne by the banks for which the services are provided.  
        An amount, based
upon a fee structure prescribed by the 
        Commissioner, shall be paid by the
banks or, after May 
        31, 1997, branches of out-of-state banks receiving the

        electronic data processing services along with the

        Call Report Fee assessed under paragraph (a) of this

        subsection (3).

            (a-3) After May 31, 1997, the reasonable and 
        necessary expenses of the
Commissioner during 
        examination of the performance of electronic data

        processing services under subsection (2.5) at or on 
        behalf of branches of
out-of-state banks shall be borne 
        by the out-of-state banks, unless those
expenses are 
        borne by the state regulatory authorities that 
        chartered the
out-of-state banks, as determined by 
        cooperative agreements between the
Commissioner and 
        the state regulatory authorities that chartered the

        out-of-state banks.

            (b) "Fiscal year" for purposes of this Section 48 
        is defined as a
period beginning July 1 of any year and 
        ending June 30 of the next year.
The Commissioner shall 
        receive for each fiscal year, commencing with the

        fiscal year ending June 30, 1987, a contingent fee 
        equal to the lesser of
the aggregate of the fees paid 
        by all State banks under paragraph (a) of
subsection 
        (3) for that year, or the amount, if any, whereby the 
        aggregate
of the administration expenses, as defined 
        in paragraph (c), for that
fiscal year exceeds the sum 
        of the aggregate of the fees payable by all
State banks 
        for that year under paragraph (a) of subsection (3),

        plus any amounts transferred into the Bank and Trust 
        Company Fund from the
State Pensions Fund for that 
        year,
plus all
other amounts collected by the 
        Commissioner for that year under any
other provision of 
        this Act, plus the aggregate of all fees
collected for 
        that year by the Commissioner under the Corporate 
        Fiduciary
Act, excluding the receivership fees 
        provided for in Section 5-10 of the
Corporate Fiduciary 
        Act, and the Foreign Banking Office Act.
The aggregate 
        amount of the contingent
fee thus arrived at for any 
        fiscal year shall be apportioned amongst,
assessed 
        upon, and paid by the State banks and foreign banking 
        corporations,
respectively, in the same proportion

        that the fee of each under paragraph (a) of subsection 
        (3), respectively,
for that year bears to the aggregate 
        for that year of the fees collected
under paragraph (a) 
        of subsection (3). The aggregate amount of the

        contingent fee, and the portion thereof to be assessed 
        upon each State
bank and foreign banking corporation,

        respectively, shall be determined by the Commissioner 
        and shall be paid by
each, respectively, within 120 
        days of the close of the period for which
the 
        contingent fee is computed and is payable, and the 
        Commissioner shall
give 20 days advance notice of the 
        amount of the contingent fee payable by
the State bank 
        and of the date fixed by the Commissioner for payment 
        of
the fee.

            (c) The "administration expenses" for any fiscal 
        year shall mean the
ordinary and contingent expenses 
        for that year incident to making the
examinations 
        provided for by, and for otherwise administering, this 
        Act,
the Corporate Fiduciary Act, excluding the 
        expenses paid from the
Corporate Fiduciary 
        Receivership account in the Bank and Trust Company

        Fund, the Foreign Banking Office Act,
the Electronic 
        Fund Transfer Act,
and the Illinois Bank Examiners'

        Education Foundation Act, including all salaries and 
        other
compensation paid for personal services rendered 
        for the State by
officers or employees of the State, 
        including the Commissioner and the
Deputy 
        Commissioners, communication equipment and services, 
        office furnishings, surety bond
premiums, and travel 
        expenses of those officers and employees, employees,

        expenditures or charges for the acquisition, 
        enlargement or improvement
of, or for the use of, any 
        office space, building, or structure, or
expenditures 
        for the maintenance thereof or for furnishing heat, 
        light,
or power with respect thereto, all to the extent 
        that those expenditures
are directly incidental to 
        such examinations or administration.
The Commissioner 
        shall not be required by paragraphs (c) or (d-1) of 
        this
subsection (3) to maintain in any fiscal year's 
        budget appropriated reserves
for accrued vacation and 
        accrued sick leave that is required to be paid to

        employees of the Commissioner upon termination of 
        their service with the
Commissioner in an amount that 
        is more than is reasonably anticipated to be
necessary 
        for any anticipated turnover in employees, whether due 
        to normal
attrition or due to layoffs, terminations, or 
        resignations.

            (d) The aggregate of all fees collected by the 
        Secretary under
this Act, the Corporate Fiduciary Act,

        or the Foreign Banking Office Act on
and after July 1, 
        1979, shall be paid promptly after receipt of the same,

        accompanied by a detailed statement thereof, into the 
        State treasury and
shall be set apart in a special fund 
        to be known as the "Bank and Trust
Company Fund", 
        except as provided in paragraph (c) of subsection (11) 
        of
this Section.  All earnings received from 
        investments of funds in the Bank
and
Trust Company Fund 
        shall be deposited in the Bank and Trust Company Fund

        and may be used for the same purposes as fees deposited 
        in that Fund.  The
amount from time to time deposited 
        into the Bank and
Trust Company Fund shall be used: (i) 
        to offset the ordinary administrative
expenses of the 
        Secretary as defined in
this Section or (ii) as a 
        credit against fees under paragraph (d-1) of this 
        subsection (3). Nothing in this amendatory Act of 1979 
        shall prevent
continuing the practice of paying 
        expenses involving salaries, retirement,
social 
        security, and State-paid insurance premiums of State 
        officers by
appropriations from the General Revenue 
        Fund.  However, the General Revenue
Fund shall be 
        reimbursed for those payments made on and after July 1, 
        1979,
by an annual transfer of funds from the Bank and 
        Trust Company Fund. Moneys in the Bank and Trust 
        Company Fund may be transferred to the Professions 
        Indirect Cost Fund, as authorized under Section 
        2105-300 of the Department of Professional Regulation 
        Law of the Civil Administrative Code of Illinois.

            Notwithstanding provisions in the State Finance 
        Act, as now or hereafter amended, or any other law to 
        the contrary, the sum of $18,788,847 shall be 
        transferred from the Bank and Trust Company Fund to the 
        Financial Institutions Settlement of 2008 Fund on the 
        effective date of this amendatory Act of the 95th 
        General Assembly, or as soon thereafter as practical.
            Notwithstanding provisions in the State Finance 
        Act, as now or hereafter amended, or any other law to 
        the contrary, the Governor may, during any fiscal year 
        through January 10, 2011, from time to time direct the 
        State Treasurer and Comptroller to transfer a 
        specified sum not exceeding 10% of the revenues to be 
        deposited into the Bank and Trust Company Fund during 
        that fiscal year from that Fund to the General Revenue 
        Fund in order to help defray the State's operating 
        costs for the fiscal year. Notwithstanding provisions 
        in the State Finance Act, as now or hereafter amended, 
        or any other law to the contrary, the total sum 
        transferred during any fiscal year through January 10, 
        2011, from the Bank and Trust Company Fund to the 
        General Revenue Fund pursuant to this provision shall 
        not exceed during any fiscal year 10% of the revenues 
        to be deposited into the Bank and Trust Company Fund 
        during that fiscal year. The State Treasurer and 
        Comptroller shall transfer the amounts designated 
        under this Section as soon as may be practicable after 
        receiving the direction to transfer from the Governor. 

            (d-1) Adequate funds shall be available in the Bank 
        and Trust
Company Fund to permit the timely payment of 
        administration expenses.  In
each fiscal year the total 
        administration expenses shall be deducted from
the 
        total fees collected by the Commissioner and the 
        remainder transferred
into the Cash Flow Reserve 
        Account, unless the balance of the Cash Flow
Reserve 
        Account prior to the transfer equals or exceeds

        one-fourth of the total initial appropriations from 
        the Bank and Trust
Company Fund for the subsequent 
        year, in which case the remainder shall be
credited to 
        State banks and foreign banking corporations
and 
        applied against their fees for the subsequent
year.  The 
        amount credited to each State bank and foreign banking 
        corporation
shall be in the same proportion as the
Call 
        Report Fees paid by each for the year bear to the total 
        Call Report
Fees collected for the year.  If, after a 
        transfer to the Cash Flow Reserve
Account is made or if 
        no remainder is available for transfer, the balance
of 
        the Cash Flow Reserve Account is less than one-fourth 
        of the total
initial appropriations for the subsequent 
        year and the amount transferred
is less than 5% of the 
        total Call Report Fees for the year, additional
amounts 
        needed to make the transfer equal to 5% of the total 
        Call Report
Fees for the year shall be apportioned 
        amongst, assessed upon, and
paid by the State banks and 
        foreign banking corporations
in the same proportion 
        that the Call Report Fees of each,
respectively, for 
        the year bear to the total Call Report Fees collected 
        for
the year.  The additional amounts assessed shall be 
        transferred into the
Cash Flow Reserve Account.  For 
        purposes of this paragraph (d-1), the
calculation of 
        the fees collected by the Commissioner shall exclude 
        the
receivership fees provided for in Section 5-10 of 
        the Corporate Fiduciary Act.

            (e) The Commissioner may upon request certify to 
        any public record
in his keeping and shall have 
        authority to levy a reasonable charge for
issuing 
        certifications of any public record in his keeping.

            (f) In addition to fees authorized elsewhere in 
        this Act, the
Commissioner
may, in connection with a 
        review, approval, or provision of a service, levy a

        reasonable charge to recover the cost of the review, 
        approval, or service.

        (4) Nothing contained in this Act shall be construed to 
    limit the
obligation relative to examinations and reports 
    of any State bank, deposits
in which are to any extent 
    insured by the United States or any agency
thereof, nor to 
    limit in any way the powers of the Commissioner with

    reference to examinations and reports of that bank.

        (5) The nature and condition of the assets in or 
    investment of any
bonus, pension, or profit sharing plan 
    for officers or employees of every
State bank or, after May 
    31, 1997, branch of an out-of-state bank shall be
deemed to 
    be included in the affairs of that State
bank or branch of 
    an out-of-state bank subject to examination by the

    Commissioner under the
provisions of subsection (2) of this 
    Section, and if the Commissioner
shall find from an 
    examination that the condition of or operation
of the 
    investments or assets of the plan is unlawful, fraudulent, 
    or
unsafe, or that any trustee has abused his trust, the 
    Commissioner
shall, if the situation so found by the 
    Commissioner shall not be
corrected to his satisfaction 
    within 60 days after the Commissioner has
given notice to 
    the board of directors of the State bank or out-of-state

    bank of his
findings, report the facts to the Attorney 
    General who shall thereupon
institute proceedings against 
    the State bank or out-of-state bank, the
board of directors

    thereof, or the trustees under such plan as the nature of 
    the case may require.

        (6) The Commissioner shall have the power:

            (a) To promulgate reasonable rules for the purpose 
        of
administering the provisions of this Act.

            (a-5) To impose conditions on any approval issued 
        by the Commissioner
if he determines that the 
        conditions are necessary or appropriate.  These

        conditions shall be imposed in writing and shall 
        continue
in effect for the period prescribed by the 
        Commissioner.

            (b) To issue orders
against any person, if the 
        Commissioner has
reasonable cause to believe that an 
        unsafe or unsound banking practice
has occurred, is 
        occurring, or is about to occur, if any person has 
        violated,
is violating, or is about to violate any law, 
        rule, or written
agreement with the Commissioner, or

        for the purpose of administering the provisions of
this 
        Act and any rule promulgated in accordance with this 
        Act.

            (b-1) To enter into agreements with a bank 
        establishing a program to
correct the condition of the 
        bank or its practices.

            (c) To appoint hearing officers to execute any of 
        the powers granted to
the Commissioner under this 
        Section for the purpose of administering this
Act and 
        any rule promulgated in accordance with this Act
and 
        otherwise to authorize, in writing, an officer or 
        employee of the Office
of
Banks and Real Estate to 
        exercise his powers under this Act.

            (d) To subpoena witnesses, to compel their 
        attendance, to administer
an oath, to examine any 
        person under oath, and to require the production of
any 
        relevant books, papers, accounts, and documents in the 
        course of and
pursuant to any investigation being 
        conducted, or any action being taken,
by the 
        Commissioner in respect of any matter relating to the 
        duties imposed
upon, or the powers vested in, the 
        Commissioner under the provisions of
this Act or any 
        rule promulgated in accordance with this Act.

            (e) To conduct hearings.

        (7) Whenever, in the opinion of the Secretary, any 
    director,
officer, employee, or agent of a State bank
or 
    any subsidiary or bank holding company of the bank
or, 
    after May 31, 1997, of any
branch of an out-of-state bank

    or any subsidiary or bank holding company of the bank
shall 
    have violated any law,
rule, or order relating to that bank

    or any subsidiary or bank holding company of the bank, 
    shall have
obstructed or impeded any examination or 
    investigation by the Secretary, shall have engaged in an 
    unsafe or
unsound practice in conducting the business of 
    that bank
or any subsidiary or bank holding company of the 
    bank,
or shall have
violated any law or engaged or 
    participated in any unsafe or unsound practice
in 
    connection with any financial institution or other 
    business entity such that
the character and fitness of the 
    director, officer, employee, or agent does not
assure 
    reasonable promise of safe and sound operation of the State 
    bank, the
Secretary
may issue an order of removal.
If, in 
    the opinion of the Secretary, any former director, officer,

    employee,
or agent of a State bank
or any subsidiary or 
    bank holding company of the bank, prior to the
termination 
    of his or her service with
that bank
or any subsidiary or 
    bank holding company of the bank, violated any law,
rule, 
    or order relating to that
State bank
or any subsidiary or 
    bank holding company of the bank, obstructed or impeded
any 
    examination or investigation by the Secretary, engaged in 
    an unsafe or unsound practice in conducting the
business of 
    that bank
or any subsidiary or bank holding company of the 
    bank,
or violated any law or engaged or participated in any

    unsafe or unsound practice in connection with any financial 
    institution or
other business entity such that the 
    character and fitness of the director,
officer, employee, 
    or agent would not have assured reasonable promise of safe

    and sound operation of the State bank, the Secretary may 
    issue an order
prohibiting that person from
further
service 
    with a bank
or any subsidiary or bank holding company of 
    the bank
as a director, officer, employee, or agent.  An 
    order
issued pursuant to this subsection shall be served 
    upon the
director,
officer, employee, or agent. A copy of 
    the order shall be sent to each
director of the bank 
    affected by registered mail. A copy of
the order shall also 
    be served upon the bank of which he is a director,
officer, 
    employee, or agent, whereupon he shall cease to be a 
    director,
officer, employee, or agent of that bank.  The 
    Secretary may
institute a civil action against the 
    director, officer, or agent of the
State bank or, after May 
    31, 1997, of the branch of the out-of-state bank
against 
    whom any order provided for by this subsection (7) of
this 
    Section 48 has been issued, and against the State bank or, 
    after May 31,
1997, out-of-state bank, to enforce

    compliance with or to enjoin any violation of the terms of 
    the order.
Any person who has been the subject of an order 
    of removal
or
an order of prohibition issued by  the 
    Secretary under
this subsection or Section 5-6 of the 
    Corporate Fiduciary Act may not
thereafter serve as 
    director, officer, employee, or agent of any State bank
or 
    of any branch of any out-of-state bank,
or of any corporate 
    fiduciary, as defined in Section 1-5.05 of the
Corporate

    Fiduciary Act, or of any other entity that is subject to 
    licensure or
regulation by the Division of Banking unless

    the Secretary has granted prior approval in writing.

        For purposes of this paragraph (7), "bank holding 
    company" has the
meaning prescribed in Section 2 of the 
    Illinois Bank Holding Company Act of
1957.

        (8) The Commissioner may impose civil penalties of up 
    to $100,000 against
any person for each violation of any 
    provision of this Act, any rule
promulgated in accordance 
    with this Act,   any order of the Commissioner, or
any other 
    action which in the Commissioner's discretion is an unsafe 
    or
unsound banking practice.

        (9) The Commissioner may impose civil penalties of up 
    to $100
against any person for the first failure to comply 
    with reporting
requirements set forth in the report of 
    examination of the bank and up to
$200 for the second and 
    subsequent failures to comply with those reporting

    requirements.

        (10) All final administrative decisions of the 
    Commissioner hereunder
shall be subject to judicial review 
    pursuant to the provisions of the
Administrative Review 
    Law. For matters involving administrative review,
venue 
    shall be in either Sangamon County or Cook County.

        (11) The endowment fund for the Illinois Bank 
    Examiners' Education
Foundation shall be administered as 
    follows:

            (a) (Blank).

            (b) The Foundation is empowered to receive 
        voluntary contributions,
gifts, grants, bequests, and 
        donations on behalf of the Illinois Bank
Examiners' 
        Education Foundation from national banks and other 
        persons for
the purpose of funding the endowment of the 
        Illinois Bank Examiners'
Education Foundation.

            (c) The aggregate of all special educational fees 
        collected by the
Secretary and property received by the 
        Secretary on behalf of the
Illinois Bank Examiners' 
        Education Foundation under this subsection
(11) on or 
        after June 30, 1986, shall be either (i) promptly paid 
        after
receipt of the same, accompanied by a detailed 
        statement thereof, into the
State Treasury and shall be 
        set apart in a special fund to be known as "The

        Illinois Bank Examiners' Education Fund" to be 
        invested by either the
Treasurer of the State of 
        Illinois in the Public Treasurers' Investment
Pool or 
        in any other investment he is authorized to make or by 
        the Illinois
State Board of Investment as the State 
        Banking Board of Illinois may direct or (ii) deposited 
        into an account
maintained in a commercial bank or 
        corporate fiduciary in the name of the
Illinois Bank 
        Examiners' Education Foundation pursuant to the order 
        and
direction of the Board of Trustees of the Illinois 
        Bank Examiners' Education
Foundation.

        (12) (Blank).

        (13) The Secretary may borrow funds from the General 
    Revenue Fund on behalf of the Bank and Trust Company Fund 
    if the Director of Banking certifies to the Governor that 
    there is an economic emergency affecting banking that 
    requires a borrowing to provide additional funds to the 
    Bank and Trust Company Fund. The borrowed funds shall be 
    paid back within 3 years and shall not exceed the total 
    funding appropriated to the Agency in the previous year.
        (14) In addition to the fees authorized in this Act, 
    the Secretary may assess reasonable receivership fees 
    against any State bank that does not maintain insurance 
    with the Federal Deposit Insurance Corporation.  All fees 
    collected under this subsection (14) shall be paid into the 
    Non-insured Institutions Receivership account in the Bank 
    and Trust Company Fund, as established by the Secretary.  
    The fees assessed under this subsection (14) shall provide 
    for the expenses that arise from the administration of the 
    receivership of any such institution required to pay into 
    the Non-insured Institutions Receivership account, whether 
    pursuant to this Act, the Corporate Fiduciary Act, the 
    Foreign Banking Office Act, or any other Act that requires 
    payments into the Non-insured Institutions Receivership 
    account. The Secretary may establish by rule a reasonable 
    manner of assessing fees under this subsection (14).
(Source: P.A. 97-333, eff. 8-12-11; 98-784, eff. 7-24-14.)

  
 
    (205 ILCS 5/48.05)

    Sec. 48.05. Regulatory fees. For the fiscal year beginning 
July 1, 2007 and every year thereafter, each state bank 
regulated by the Department shall pay a regulatory fee to the 
Department based upon its total assets as reflected in the most 
recent quarterly report of condition  shown by its year-end Call 
Report at the following rates:
        19.295¢ per $1,000 of the first $5,000,000 of total 
    assets;
        18.16¢ per $1,000 of the next $20,000,000 of total 
    assets;
        15.89¢ per $1,000 of the next $75,000,000 of total 
    assets;
        10.7825¢ per $1,000 of the next $400,000,000 of total 
    assets;
        8.5125¢ per $1,000 of the next $500,000,000 of total 
    assets;
        6.2425¢ per $1,000 of the next $19,000,000,000 of total 
    assets;
        2.27¢ per $1,000 of the next $30,000,000,000 of total 
    assets;
        1.135¢ per $1,000 of the next $50,000,000,000 of total 
    assets; and
        0.5675¢ per $1,000 of all assets in excess of 
    $100,000,000,000 of the state bank. 

(Source: P.A. 95-1047, eff. 4-6-09.)
 



    (205 ILCS 5/78)  (from Ch. 17, par. 390)


    Sec. 78. Board of banks and trust companies; creation, 
members, appointment. 
There is created a Board which shall be 
known as the State Banking Board of
Illinois which shall 
consist of the Director of Banking, who shall be its chairman,

and 11 additional members. The Board shall be comprised of 
individuals interested in the banking industry.  Two members 
shall be from State banks having total assets of not more than 
$75,000,000 at the time of their appointment; 2 members shall 
be from State banks having total assets of more than 
$75,000,000, but not more than $150,000,000 at the time of 
their appointment; 2 members shall be from State banks having 
total assets of  more than $150,000,000, but not more than 
$500,000,000 at the time of their appointment; 2 members shall 
be from State banks having total assets of more than 
$500,000,000, but not more than $2,000,000,000 at the time of 
their appointment, and one member shall be from a State bank 
having total assets of more than $2,000,000,000 at the time of 
his or her appointment.  There shall be 2 public members, 
neither of whom shall be an officer or director of or owner, 
whether directly or indirectly, of more than 5% of the 
outstanding capital stock of any bank. Members of the State 
Banking Board of Illinois cease to be eligible to serve on the 
Board once they no longer meet the requirements of their 
original appointment; however, a member from a State bank shall 
not be disqualified solely due to a change in the bank's asset 
size.




(Source: P.A. 96-1163, eff. 1-1-11.)

 
    Section 10. The Savings Bank Act is amended  by changing 
Sections 9002.5, 10085, and 12201 as follows:
 
    (205 ILCS 205/9002.5)
    Sec. 9002.5. Regulatory fees. 
    (a) For the fiscal year beginning July 1, 2007 and every 
year thereafter, each savings bank and each service corporation 
operating under this Act shall pay in quarterly installments 
equal to one-fourth of a fixed fee of $520, plus a variable fee 
based on the total assets of the savings bank or service 
corporation, as shown in the quarterly report of condition, at 
the following rates:
        24.97¢ per $1,000 of the first $2,000,000 of total 
    assets;
        22.70¢ per $1,000 of the next $3,000,000 of total 
    assets;
        20.43¢ per $1,000 of the next $5,000,000 of total 
    assets;
        17.025¢ per $1,000 of the next $15,000,000 of total 
    assets;
        14.755¢ per $1,000 of the next $25,000,000 of total 
    assets;
        12.485¢ per $1,000 of the next $50,000,000 of total 
    assets;
        10.215¢ per $1,000 of the next $400,000,000 of total 
    assets;
        6.81¢ per $1,000 of the next $500,000,000 of total 
    assets; and
        4.54¢ per $1,000 of all total assets in excess of 
    $1,000,000,000 of such savings bank or service 
    corporation. 
    As used in this Section, "quarterly report of condition" 
means the Report of Condition and Income (Call Report), which 
the Secretary requires. 
    (b) (Blank).  The Secretary shall receive and there shall be 
paid to the Secretary an additional fee as an adjustment to the 
supervisory fee, based upon the difference between the total 
assets of each savings bank and each service corporation as 
shown by its financial report filed with the Secretary for the 
reporting period of the calendar year ended December 31 on 
which the supervisory fee was based and the total assets of 
each savings bank and each service corporation as shown by its 
financial report filed with the Secretary for the reporting 
period of the calendar year ended December 31 in which the 
quarterly payments are made according to the following 
schedule:
        24.97¢ per $1,000 of the first $2,000,000 of total 
    assets;
        22.70¢ per $1,000 of the next $3,000,000 of total 
    assets;
        20.43¢ per $1,000 of the next $5,000,000 of total 
    assets;
        17.025¢ per $1,000 of the next $15,000,000 of total 
    assets;
        14.755¢ per $1,000 of the next $25,000,000 of total 
    assets;
        12.485¢ per $1,000 of the next $50,000,000 of total 
    assets;
        10.215¢ per $1,000 of the next $400,000,000 of total 
    assets;
        6.81¢ per $1,000 of the next $500,000,000 of total 
    assets; and
        4.54¢ per $1,000 of all total assets in excess of 
    $1,000,000,000 of such savings bank or service 
    corporation.
    (c) The Secretary shall receive and there shall be paid to 
the Secretary by each savings bank and each service corporation 
a fee of $520 for each approved branch office or facility 
office established under the Illinois Administrative Code. The 
determination of the fees shall be made annually as of the 
close of business of the prior calendar year ended December 31. 

    (d) The Secretary shall receive for each fiscal year, 
commencing with the fiscal year ending June 30, 2014, a 
contingent fee equal to the lesser of the aggregate of the fees 
paid by all savings banks under subsections (a), (b), and (c) 
of this Section for that year, or the amount, if any, whereby 
the aggregate of the administration expenses, as defined in 
subsection (c) of Section 9002.1 of this Act, for that fiscal 
year exceeds the sum of the aggregate of the fees payable by 
all savings banks for that year under subsections (a), (b), and 
(c) of this Section, plus any amounts transferred into the 
Savings Bank Regulatory Fund from the State Pensions Fund for 
that year, plus all other amounts collected by the Secretary 
for that year under any other provision of this Act. The 
aggregate amount of the contingent fee thus arrived at for any 
fiscal year shall be apportioned amongst, assessed upon, and 
paid by the savings banks, respectively, in the same proportion 
that the fee of each under subsections (a), (b), and (c) of 
this Section, respectively, for that year bears to the 
aggregate for that year of the fees collected under subsections 
(a), (b), and (c) of this Section. The aggregate amount of the 
contingent fee, and the portion thereof to be assessed upon 
each savings bank, respectively, shall be determined by the 
Secretary and shall be paid by each, respectively, within 120 
days of the close of the period for which the contingent fee is 
computed and is payable, and the Secretary shall give 20 days 
advance notice of the amount of the contingent fee payable by 
the savings bank and of the date fixed by the Secretary for 
payment of the fee. 
(Source: P.A. 98-1081, eff. 1-1-15.)
 
    (205 ILCS 205/10085)
    Sec. 10085. Expenses and fees.
    (a) In addition to the fees authorized in this Act, the 
Secretary may assess reasonable receivership fees against any 
savings bank operating under this Act that does not maintain 
insurance with the Federal Deposit Insurance Corporation.  All 
fees collected under this subsection (a) shall be paid into the 
Non-insured Institutions Receivership account in the Bank and 
Trust Company Fund, as established by the Secretary.  The fees 
assessed under this subsection (a) shall provide for the 
expenses that arise from the administration of the receivership 
of any such institution required to pay into the Non-insured 
Institutions Receivership account, whether pursuant to this 
Act, the Illinois Banking Act, the Corporate Fiduciary Act, the 
Foreign Banking Office Act, or any other Act that requires 
payments into the Non-insured Institutions Receivership 
account.
    (b) The Secretary may establish by rule a reasonable manner 
of assessing fees under subsection (a).
    (c) All expenses of a receivership, including reasonable 
receiver's and attorney's fees approved by the Secretary, shall 
be paid out of the assets of the savings bank. If the funds in 
the estate of the savings bank are insufficient to cover the 
expenses that arise from the administration of a receivership, 
the Secretary may pay such expenses from the Non-insured 
Institutions Receivership account. All expenses of any 
preliminary or other examination into the condition of any such 
savings bank or receivership and all expenses incident to and 
in connection with the possession and control of the bank and 
its assets for the purpose of examination, reorganization, or 
liquidation through receivership shall be paid out of the 
assets of the savings bank; if such funds are insufficient, the 
Secretary may pay such expenses from the Non-insured 
Institutions Receivership account. The payment authorized 
under this subsection (c) Section may be made by the Secretary 
with moneys and property of the bank in his or her possession 
and control and shall have priority over all claims.

(Source: P.A. 96-1365, eff. 7-28-10.)
 
    (205 ILCS 205/12201)
    Sec. 12201. Board of Savings Banks; appointment.  The Board 
of Savings Bank is established pursuant to Section 12104 of 
this Act. The Board of Savings Banks shall be composed of the 
Director of Banking, who shall be its chairperson and have the 
power to vote, and 7 persons appointed by the Governor. Two of 
the 7 persons appointed by the Governor shall represent the 
public interest and the remainder shall have been engaged 
actively in savings bank or savings and loan management in this 
State for at least 5 years immediately prior to appointment. 
Each member of the Board appointed by the Governor shall be 
reimbursed for ordinary and necessary expenses incurred in 
attending the meetings of the Board. Members, excluding the 
chairperson, shall be appointed for 4-year terms to expire on 
the third Monday in January. Except as otherwise provided in 
this Section, members of the Board shall serve until their 
respective successors are appointed and qualified. A member who 
tenders a written resignation shall serve only until the 
resignation is accepted by the chairperson. A member who fails 
to attend 3 consecutive Board meetings without an excused 
absence shall no longer serve as a member. Members of the Board 
of Savings Banks cease to be eligible to serve on the Board 
once they no longer meet the requirements of their original 
appointment. The Governor shall fill any vacancy by the 
appointment of a member for the unexpired term in the same 
manner as in the making of original appointments.

(Source: P.A. 98-1081, eff. 1-1-15.)