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Sen. Christopher Belt
Filed: 4/5/2024
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1 | | AMENDMENT TO SENATE BILL 3235
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3235 by replacing |
3 | | everything after the enacting clause with the following: |
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. |
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1 | | (2) The Commission may create a scoring evaluation for |
2 | | State agency directors, public university presidents and |
3 | | chancellors, and public community college presidents. The |
4 | | scoring shall be based on the following 3 principles: (i) |
5 | | increasing capacity; (ii) growing revenue; and (iii) |
6 | | enhancing credentials. These principles should be the |
7 | | foundation of the agency compliance plan required under |
8 | | Section 6 of the Business Enterprise for Minorities, |
9 | | Women, and Persons with Disabilities Act. |
10 | | (3) The Commission shall exercise the authority and |
11 | | duties provided to it under Section 5-7 of the Illinois |
12 | | Procurement Code. |
13 | | (4) The Commission, working with State agencies, shall |
14 | | provide support for diversity in State hiring. |
15 | | (5) The Commission shall oversee the implementation of |
16 | | diversity training of the State workforce. |
17 | | (6) Each January, and as otherwise frequently as may |
18 | | be deemed necessary and appropriate by the Commission, the |
19 | | Commission shall propose and submit to the Governor and |
20 | | the General Assembly legislative changes to increase |
21 | | inclusion and diversity in State government. |
22 | | (7) The Commission shall have oversight over the |
23 | | following entities: |
24 | | (A) the Illinois African-American Family |
25 | | Commission; |
26 | | (B) the Illinois Latino Family Commission; |
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1 | | (C) the Asian American Family Commission; |
2 | | (D) the Illinois Muslim American Advisory Council; |
3 | | (E) the Illinois African-American Fair Contracting |
4 | | Commission created under Executive Order 2018-07; and |
5 | | (F) the Business Enterprise Council for |
6 | | Minorities, Women, and Persons with Disabilities. |
7 | | (8) The Commission shall adopt any rules necessary for |
8 | | the implementation and administration of the requirements |
9 | | of this Act. |
10 | | (9) The Commission shall exercise the authority and |
11 | | duties provided to it under Section 45-57 of the Illinois |
12 | | Procurement Code. |
13 | | (10) The Commission is responsible for completing |
14 | | disparity studies as required by Section 35-15 of the |
15 | | Illinois Community Reinvestment Act. |
16 | | (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; |
17 | | 102-671, eff. 11-30-21.) |
18 | | Section 10. The Illinois Community Reinvestment Act is |
19 | | amended by changing Sections 35-5 and 35-15 as follows: |
20 | | (205 ILCS 735/35-5) |
21 | | Sec. 35-5. Definitions. As used in this Act: |
22 | | "Commission" means the Commission on Equity and Inclusion. |
23 | | "Covered financial institution" means a bank chartered |
24 | | under the Illinois Banking Act, a savings bank chartered under |
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1 | | the Illinois Savings Bank Act, a credit union incorporated |
2 | | under the Illinois Credit Union Act, an entity licensed under |
3 | | the Illinois Residential Mortgage License Act of 1987 which |
4 | | lent or originated 50 or more residential mortgage loans in |
5 | | the previous calendar year, and any other financial |
6 | | institution under the jurisdiction of the Department as |
7 | | designated by rule by the Secretary. |
8 | | "Department" means the Department of Financial and |
9 | | Professional Regulation. |
10 | | "Division of Banking" means the Division of Banking within |
11 | | the Department. |
12 | | "Division of Financial Institutions" means the Division of |
13 | | Financial Institutions within the Department. |
14 | | "Protected characteristic" means any basis for which |
15 | | discrimination is prohibited by law, including, but not |
16 | | limited to, under the Illinois Human Rights Act, for which a |
17 | | covered financial institution is examined for compliance under |
18 | | this Act. "Protected characteristic" includes race, color, |
19 | | religion, national origin, ancestry, age, sex, marital status, |
20 | | order of protection status, disability, military status, |
21 | | sexual orientation, pregnancy, or unfavorable discharge from |
22 | | military service. |
23 | | "Secretary" means the Secretary of Financial and |
24 | | Professional Regulation, or his or her designee, including the |
25 | | Director of the Division of Banking or the Director of the |
26 | | Division of Financial Institutions. |
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1 | | (Source: P.A. 101-657, eff. 3-23-21.) |
2 | | (205 ILCS 735/35-15) |
3 | | Sec. 35-15. Examinations. |
4 | | (a) The Secretary shall have the authority to examine each |
5 | | covered financial institution for compliance with this Act, in |
6 | | consultation with State and federal regulators with an |
7 | | appropriate regulatory interest, for and in compliance with |
8 | | applicable State and federal fair lending laws, including, but |
9 | | not limited to, the Illinois Human Rights Act, the federal |
10 | | Equal Credit Opportunity Act, and the federal Home Mortgage |
11 | | Disclosure Act, as often as the Secretary deems necessary and |
12 | | proper. The Secretary may adopt rules with respect to the |
13 | | frequency and manner of examination including the imposition |
14 | | of examination fees. The Secretary shall appoint a suitable |
15 | | person to perform such examination. The Secretary and his or |
16 | | her appointees may examine the entire books, records, |
17 | | documents, and operations of each covered financial |
18 | | institution, its parent company, and its subsidiaries, |
19 | | affiliates, or agents, and may examine any of the covered |
20 | | financial institution's, its parent company's or its |
21 | | subsidiaries', affiliates', or agents' officers, directors, |
22 | | employees, and agents under oath. Any document or record |
23 | | prepared or obtained in connection with or relating to any |
24 | | such examination, and any record prepared or obtained by the |
25 | | Secretary to the extent that the record summarizes or contains |
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1 | | information derived from any document or record described in |
2 | | this subsection (a), shall not be disclosed to the public |
3 | | unless otherwise provided by this Act. |
4 | | (b) Upon the completion of the examination of a covered |
5 | | financial institution under this Section, the Secretary shall |
6 | | prepare a written evaluation of the covered financial |
7 | | institution's record of performance relative to this Act. Each |
8 | | written evaluation required under this subsection (b) shall |
9 | | have a public section, which shall include no less information |
10 | | than would be disclosed in a written evaluation under the |
11 | | federal Community Reinvestment Act, and a confidential |
12 | | section. The Secretary shall give the covered financial |
13 | | institution an opportunity to comment on the evaluation, and |
14 | | then shall make the public section of the written evaluation |
15 | | open to public inspection upon request. The written evaluation |
16 | | shall include, but is not limited to: |
17 | | (1) the assessment factors utilized to determine the |
18 | | covered financial institution's descriptive rating; |
19 | | (2) the Secretary's conclusions with respect to each |
20 | | such assessment factor; |
21 | | (3) a discussion of the facts supporting such |
22 | | conclusions; |
23 | | (4) the covered financial institution's descriptive |
24 | | rating and the basis therefor; and |
25 | | (5) a summary of public comments. |
26 | | (c) Based upon the examination, the covered financial |
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1 | | institution shall be assigned one of the following ratings: |
2 | | (1) outstanding record of performance in meeting its |
3 | | community financial services needs; |
4 | | (2) satisfactory record of performance in meeting its |
5 | | community financial services needs; |
6 | | (3) needs to improve record of performance in meeting |
7 | | its community services needs; or |
8 | | (4) substantial noncompliance in meeting its community |
9 | | financial services needs. |
10 | | (d) Notwithstanding the foregoing provisions of this |
11 | | Section, the Secretary may establish an alternative |
12 | | examination procedure for any covered financial institution, |
13 | | which, as of the most recent examination, has been assigned a |
14 | | rating of outstanding or satisfactory for its record of |
15 | | performance in meeting its community financial services needs. |
16 | | (e) The Commission, subject to appropriation, shall retain |
17 | | qualified persons to design and conduct one or more disparity |
18 | | studies to prepare and report findings and conclusions to the |
19 | | members of the Commission and the Secretary to: |
20 | | (1) identify and delineate geographies in Illinois |
21 | | exhibiting significant disparities by protected |
22 | | characteristics with respect to: |
23 | | (A) access to financial products or services, |
24 | | including, but not limited to, physical branches of |
25 | | covered financial institutions; and |
26 | | (B) lending and investments by covered financial |
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1 | | institutions; and |
2 | | (2) identify policies, procedures, patterns, or |
3 | | practices that have or may have disparate impact or |
4 | | discriminatory effects. |
5 | | (f) The Commission shall consult with the Secretary in the |
6 | | design, implementation, and dissemination of the disparity |
7 | | studies, as well as for any other purpose deemed necessary by |
8 | | the Commission and Secretary, to ensure that the disparity |
9 | | studies are aligned with the purposes of this Act. |
10 | | (g) The Secretary shall implement the findings, |
11 | | conclusions, and other results from the study into the |
12 | | examination process through rules adopted in accordance with |
13 | | the Illinois Administrative Procedure Act. |
14 | | (h) The Commission shall update the disparity studies at |
15 | | least every 5 years, but may require the studies |
| | to be updated |
16 | | more frequently at the Commission's discretion. |
17 | | (i) The results of every disparity study performed under |
18 | | this Act shall be publicly available on the websites of the |
19 | | Commission and the Department. |
20 | | (Source: P.A. 101-657, eff. 3-23-21.) |
21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.". |