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1 | | AN ACT concerning regulation. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Commission on Equity and Inclusion Act is |
5 | | amended by changing Section 40-10 as follows: |
6 | | (30 ILCS 574/40-10) |
7 | | Sec. 40-10. Powers and duties. In addition to the other |
8 | | powers and duties which may be prescribed in this Act or |
9 | | elsewhere, the Commission shall have the following powers and |
10 | | duties: |
11 | | (1) The Commission shall have a role in all State and |
12 | | university procurement by facilitating and streamlining |
13 | | communications between the Business Enterprise Council for |
14 | | Minorities, Women, and Persons with Disabilities, the |
15 | | purchasing entities, the Chief Procurement Officers, and |
16 | | others. |
17 | | (2) The Commission may create a scoring evaluation for |
18 | | State agency directors, public university presidents and |
19 | | chancellors, and public community college presidents. The |
20 | | scoring shall be based on the following 3 principles: (i) |
21 | | increasing capacity; (ii) growing revenue; and (iii) |
22 | | enhancing credentials. These principles should be the |
23 | | foundation of the agency compliance plan required under |
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1 | | Section 6 of the Business Enterprise for Minorities, |
2 | | Women, and Persons with Disabilities Act. |
3 | | (3) The Commission shall exercise the authority and |
4 | | duties provided to it under Section 5-7 of the Illinois |
5 | | Procurement Code. |
6 | | (4) The Commission, working with State agencies, shall |
7 | | provide support for diversity in State hiring. |
8 | | (5) The Commission shall oversee the implementation of |
9 | | diversity training of the State workforce. |
10 | | (6) Each January, and as otherwise frequently as may |
11 | | be deemed necessary and appropriate by the Commission, the |
12 | | Commission shall propose and submit to the Governor and |
13 | | the General Assembly legislative changes to increase |
14 | | inclusion and diversity in State government. |
15 | | (7) The Commission shall have oversight over the |
16 | | following entities: |
17 | | (A) the Illinois African-American Family |
18 | | Commission; |
19 | | (B) the Illinois Latino Family Commission; |
20 | | (C) the Asian American Family Commission; |
21 | | (D) the Illinois Muslim American Advisory Council; |
22 | | (E) the Illinois African-American Fair Contracting |
23 | | Commission created under Executive Order 2018-07; and |
24 | | (F) the Business Enterprise Council for |
25 | | Minorities, Women, and Persons with Disabilities. |
26 | | (8) The Commission shall adopt any rules necessary for |
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1 | | the implementation and administration of the requirements |
2 | | of this Act. |
3 | | (9) The Commission shall exercise the authority and |
4 | | duties provided to it under Section 45-57 of the Illinois |
5 | | Procurement Code. |
6 | | (10) The Commission is responsible for completing |
7 | | studies as required by Section 35-15 of the Illinois |
8 | | Community Reinvestment Act. |
9 | | (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; |
10 | | 102-671, eff. 11-30-21.) |
11 | | Section 10. The Illinois Community Reinvestment Act is |
12 | | amended by changing Sections 35-5 and 35-15 as follows: |
13 | | (205 ILCS 735/35-5) |
14 | | Sec. 35-5. Definitions. As used in this Act: |
15 | | "Commission" means the Commission on Equity and Inclusion. |
16 | | "Covered financial institution" means a bank chartered |
17 | | under the Illinois Banking Act, a savings bank chartered under |
18 | | the Illinois Savings Bank Act, a credit union incorporated |
19 | | under the Illinois Credit Union Act, an entity licensed under |
20 | | the Illinois Residential Mortgage License Act of 1987 which |
21 | | lent or originated 50 or more residential mortgage loans in |
22 | | the previous calendar year, and any other financial |
23 | | institution under the jurisdiction of the Department as |
24 | | designated by rule by the Secretary. |
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1 | | "Department" means the Department of Financial and |
2 | | Professional Regulation. |
3 | | "Division of Banking" means the Division of Banking within |
4 | | the Department. |
5 | | "Division of Financial Institutions" means the Division of |
6 | | Financial Institutions within the Department. |
7 | | "Secretary" means the Secretary of Financial and |
8 | | Professional Regulation, or his or her designee, including the |
9 | | Director of the Division of Banking or the Director of the |
10 | | Division of Financial Institutions. |
11 | | (Source: P.A. 101-657, eff. 3-23-21.) |
12 | | (205 ILCS 735/35-15) |
13 | | Sec. 35-15. Examinations. |
14 | | (a) The Secretary shall have the authority to examine each |
15 | | covered financial institution for compliance with this Act, in |
16 | | consultation with State and federal regulators with an |
17 | | appropriate regulatory interest, for and in compliance with |
18 | | applicable State and federal fair lending laws, including, but |
19 | | not limited to, the Illinois Human Rights Act, the federal |
20 | | Equal Credit Opportunity Act, and the federal Home Mortgage |
21 | | Disclosure Act, as often as the Secretary deems necessary and |
22 | | proper. The Secretary may adopt rules with respect to the |
23 | | frequency and manner of examination including the imposition |
24 | | of examination fees. The Secretary shall appoint a suitable |
25 | | person to perform such examination. The Secretary and his or |
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1 | | her appointees may examine the entire books, records, |
2 | | documents, and operations of each covered financial |
3 | | institution, its parent company, and its subsidiaries, |
4 | | affiliates, or agents, and may examine any of the covered |
5 | | financial institution's, its parent company's or its |
6 | | subsidiaries', affiliates', or agents' officers, directors, |
7 | | employees, and agents under oath. Any document or record |
8 | | prepared or obtained in connection with or relating to any |
9 | | such examination, and any record prepared or obtained by the |
10 | | Secretary to the extent that the record summarizes or contains |
11 | | information derived from any document or record described in |
12 | | this subsection (a), shall not be disclosed to the public |
13 | | unless otherwise provided by this Act. |
14 | | (b) Upon the completion of the examination of a covered |
15 | | financial institution under this Section, the Secretary shall |
16 | | prepare a written evaluation of the covered financial |
17 | | institution's record of performance relative to this Act. Each |
18 | | written evaluation required under this subsection (b) shall |
19 | | have a public section, which shall include no less information |
20 | | than would be disclosed in a written evaluation under the |
21 | | federal Community Reinvestment Act, and a confidential |
22 | | section. The Secretary shall give the covered financial |
23 | | institution an opportunity to comment on the evaluation, and |
24 | | then shall make the public section of the written evaluation |
25 | | open to public inspection upon request. The written evaluation |
26 | | shall include, but is not limited to: |
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1 | | (1) the assessment factors utilized to determine the |
2 | | covered financial institution's descriptive rating; |
3 | | (2) the Secretary's conclusions with respect to each |
4 | | such assessment factor; |
5 | | (3) a discussion of the facts supporting such |
6 | | conclusions; |
7 | | (4) the covered financial institution's descriptive |
8 | | rating and the basis therefor; and |
9 | | (5) a summary of public comments. |
10 | | (c) Based upon the examination, the covered financial |
11 | | institution shall be assigned one of the following ratings: |
12 | | (1) outstanding record of performance in meeting its |
13 | | community financial services needs; |
14 | | (2) satisfactory record of performance in meeting its |
15 | | community financial services needs; |
16 | | (3) needs to improve record of performance in meeting |
17 | | its community services needs; or |
18 | | (4) substantial noncompliance in meeting its community |
19 | | financial services needs. |
20 | | (d) Notwithstanding the foregoing provisions of this |
21 | | Section, the Secretary may establish an alternative |
22 | | examination procedure for any covered financial institution, |
23 | | which, as of the most recent examination, has been assigned a |
24 | | rating of outstanding or satisfactory for its record of |
25 | | performance in meeting its community financial services needs. |
26 | | (e) The Commission shall conduct studies to: |
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1 | | (1) identify and delineate geographies in Illinois |
2 | | exhibiting significant disparities by protected classes as |
3 | | identified by the Human Rights Act with respect to: |
4 | | (A) access to financial products or services, |
5 | | including, but not limited to, physical branches of |
6 | | covered financial institutions; and |
7 | | (B) lending and investments by covered financial |
8 | | institutions; |
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9 | | (2) identify policies, procedures, patterns, or |
10 | | practices that have or may have a disparate impact or |
11 | | discriminatory effect; and |
12 | | (3) identify opportunities for establishing and |
13 | | growing Banking Development Districts in geographic |
14 | | locations where there are the greatest underbanked and |
15 | | unbanked populations and opportunities for partnerships |
16 | | between depository institutions and local communities. |
17 | | (f) The Secretary may implement the findings and other |
18 | | results from such studies into the examination process through |
19 | | rules adopted in accordance with the Illinois Administrative |
20 | | Procedure Act. |
21 | | (g) Any costs incurred by the Commission in conducting |
22 | | such studies shall be subject to appropriation and not funded |
23 | | by the examination fees paid by covered financial institutions |
24 | | under subsection (a). |
25 | | (h) The Commission shall provide reports of its findings |
26 | | and shall furnish copies of the reports to the General |
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1 | | Assembly and the Secretary. |
2 | | (i) The results of every study performed under this Act |
3 | | shall be publicly available on the websites of the Commission |
4 | | and the Department. |
5 | | (j) The Commission may contract with a qualified person or |
6 | | entity to design and conduct the studies authorized under |
7 | | subsection (e). |
8 | | (Source: P.A. 101-657, eff. 3-23-21.) |
9 | | Section 99. Effective date. This Act takes effect January |
10 | | 1, 2025. |