HB4192 98TH GENERAL ASSEMBLY

LRB098 13935 JDS 48478 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4192

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

15 ILCS 520/15

from Ch. 130, par. 34

Amends the Deposit of State Moneys Act. Disqualifies banks and savings and loan associations that have not achieved a federal Community Reinvestment Act rating ("CRA rating") of "outstanding record of meeting community credit needs" from serving as a depositary of State moneys upon their failure to establish, within 365 days after the effective date of the amendatory Act and each year thereafter, in each low-income and moderate-income geography that is located in those portions of their assessment areas that are in the State, at least one more automated teller machine ("ATM") or branch than they operated in that geography on the first day of the preceding calendar year and to maintain those facilities. Defines the terms "assessment area", "automated teller machine", "branch", "geography", "low-income", and "moderate-income".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Deposit of State Moneys Act is amended by changing Section 15 as follows:

(15 ILCS 520/15) (from Ch. 130, par. 34)

Sec. 15. (a) A bank or savings and loan association approved as a depositary shall cease to be an approved bank or savings and loan association, and shall be disqualified by the State Treasurer:

(1) Upon its failure to post a suitable bond or deposit securities with the State Treasurer;

(2) Upon its failure or refusal to pay over public moneys or any part thereof;

(3) Upon its becoming insolvent or bankrupt, or being placed in the hands of a receiver;

(4) Upon a showing of unsatisfactory financial condition through a report made to, or an examination made by, the Comptroller of the Currency, the Commissioner of Banks and Real Estate, or the Federal Home Loan Bank or its successors.

(5) Upon its failure to establish, within 365 days after the effective date of this amendatory Act of the 98th General Assembly and each year thereafter, in each low-income and moderate-income geography that is located in that portion of its assessment area that is in the State, at least one more automated teller machine ("ATM") or branch than it operated in that geography on the first day of the preceding calendar year and to maintain those facilities, until achieving a federal Community Reinvestment Act rating ("CRA rating") of "outstanding record of meeting community credit needs".

(b) No approved depositary shall be disqualified by the State Treasurer solely by reason of its acquisition by another institution.

(c) For the purposes of this Section, the terms "automated teller machine", "branch", "geography", "low-income", and "moderate-income" have the meanings ascribed in 12 CFR 25.12, and the term "assessment area" means the area delineated pursuant to 12 CFR 228.41.

(Source: P.A. 89-508, eff. 7-3-96.)