Sen. Jeffrey M. Schoenberg

Filed: 4/26/2012

 

 


 

 


 
09700HB5033sam001LRB097 18780 PJG 68909 a

1
AMENDMENT TO HOUSE BILL 5033

2    AMENDMENT NO. ______. Amend House Bill 5033 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Currency Exchange Act is amended by
5changing Sections 3.3 and 4 as follows:
 
6    (205 ILCS 405/3.3)  (from Ch. 17, par. 4807)
7    Sec. 3.3. Additional public services.
8    (a) Nothing in this Act shall prevent the Secretary from
9authorizing a currency exchange, group of currency exchanges,
10or association of currency exchanges to render additional
11services to the public if the services are consistent with the
12provisions of this Act, are within its meaning, are in the best
13interest of the public, and benefit the general welfare. A
14currency exchange, group of currency exchanges, or association
15of currency exchanges must request, in writing, the Secretary's
16approval of the additional service prior to rendering such

 

 

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1additional service to the public. Any approval under this
2Section shall be deemed an approval for all currency exchanges.
3Any currency exchange wishing to provide an additional service
4previously as approved by the Secretary must provide written
5notice, on a form provided by the Department and available on
6its website, to the Secretary 30 days prior to offering the
7approved additional service to the public. The Secretary may
8charge an additional service investigation fee of $500 per
9application for a new additional service request. The
10additional service request shall be on a form provided by the
11Department and available on the Department's website. Within 15
12days after receipt by the Department of an additional service
13request, the Secretary shall examine the additional service
14request for completeness and notify the requester of any
15defect. The requester must remedy the defect within 10 days
16after the mailing of the notification of the defect by the
17Secretary. Failure to remedy the defect within such time will
18void the additional service request. If the Secretary
19determines that the additional service request is complete, the
20Secretary shall have 60 business days to approve or deny the
21additional service request. If the additional service request
22is denied, the Secretary shall send by United States mail
23notice of the denial to the requester at the address set forth
24in the additional service request. If an additional service
25request is denied, the requester may, within 10 days after
26receipt of the denial, make a written request to the Secretary

 

 

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1for a hearing on the additional service request denial. The
2hearing shall be set for a date after the receipt by the
3Secretary of the request for a hearing, and written notice of
4the time and place of the hearing shall be mailed to the
5requester no later than 15 days before the date of the hearing.
6The hearing shall be scheduled for a date within 56 days after
7the date of the receipt of the request for a hearing. The
8requester shall pay the actual cost of making the transcript of
9the hearing prior to the Secretary's issuing his or her
10decision following the hearing. If the Secretary denies the
11request for a new additional service, a currency exchange shall
12not offer the new additional service until a final
13administrative order has been entered permitting a currency
14exchange to offer the service. The Secretary's decision may be
15subject to review as provided in Section 22.01 of this Act. If
16the Secretary revokes a previously approved authorization for
17an additional service request, the Secretary shall provide
18written notice to all affected currency exchange licensees.
19Upon receipt of the revocation notice, a currency exchange
20licensee, group of currency exchange licensees, or association
21of currency exchanges shall have 10 days to make a written
22request to the Secretary for a hearing, and the Department
23shall have 30 business days to schedule a future hearing.
24Written notice of the time and place of the hearing shall be
25mailed to the licensee no later than 10 business days before
26the date of the hearing. The licensee shall pay the actual cost

 

 

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1of making the transcript prior to the Secretary's issuing his
2or her decision following the hearing. The Secretary's decision
3is subject to review as provided in Section 22.01 of this Act.
4The Secretary may, at his or her discretion, revoke any
5authorization under this Section on 60 days written notice to
6the currency exchange.
7    (b) (Blank).
8    (c) If the Secretary revokes authorization for a previously
9approved additional service, the currency exchange may
10continue to offer the additional service until a final
11administrative order has been entered revoking the licensee's
12previously approved authorization.
13(Source: P.A. 97-315, eff. 1-1-12.)
 
14    (205 ILCS 405/4)  (from Ch. 17, par. 4808)
15    Sec. 4. License application; contents; fees. Application
16for such license shall be in writing under oath and in the form
17prescribed and furnished by the Secretary. Each application
18shall contain the following:
19        (a) The full name and address (both of residence and
20    place of business) of the applicant, and if the applicant
21    is a partnership, limited liability company, or
22    association, of every member thereof, and the name and
23    business address if the applicant is a corporation;
24        (b) The county and municipality, with street and
25    number, if any, where the community currency exchange is to

 

 

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1    be conducted, if the application is for a community
2    currency exchange license;
3        (c) If the application is for an ambulatory currency
4    exchange license, the name and address of the employer at
5    each location to be served by it; and
6        (d) The applicant's occupation or profession; a
7    detailed statement of the applicant's his business
8    experience for the 10 years immediately preceding the his
9    application; a detailed statement of the applicant's his
10    finances; the applicant's his present or previous
11    connection with any other currency exchange; whether the
12    applicant he has ever been involved in any civil or
13    criminal litigation, and the material facts pertaining
14    thereto; whether the applicant he has ever been committed
15    to any penal institution or admitted to an institution for
16    the care and treatment of mentally ill persons; and the
17    nature of applicant's occupancy of the premises to be
18    licensed where the application is for a community currency
19    exchange license. If the applicant is a partnership, the
20    information specified herein shall be required of each
21    partner. If the applicant is a corporation, the said
22    information shall be required of each officer, director and
23    stockholder thereof along with disclosure of their
24    ownership interests. If the applicant is a limited
25    liability company, the information required by this
26    Section shall be provided with respect to each member and

 

 

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1    manager along with disclosure of their ownership
2    interests.
3    A community currency exchange license application shall be
4accompanied by a fee of $500, prior to January 1, 2012. After
5January 1, 2012 the fee shall be $750. After January 1, 2014
6the fee shall be $1,000. for the cost of investigating the
7applicant. If the ownership of a licensee changes, in whole or
8in part, a new application must be filed pursuant to this
9Section along with a $500 fee if the licensee's ownership
10interests have been transferred or sold to a new person or
11entity or a fee of $300 if the licensee's ownership interests
12have been transferred or sold to a current holder or holders of
13the licensee's ownership interests. When the application for a
14community currency exchange license has been approved by the
15Secretary and the applicant so advised, an additional sum of
16$400 as an annual license fee for a period terminating on the
17last day of the current calendar year shall be paid to the
18Secretary by the applicant; provided, that the license fee for
19an applicant applying for such a license after July 1st of any
20year shall be $200 for the balance of such year. Upon receipt
21of a community currency exchange license application, the
22Secretary shall examine the application for completeness and
23notify the applicant in writing of any defect within 20 days
24after receipt. The applicant must remedy the defect within 10
25days after the mailing of the notification of the defect by the
26Secretary. Failure to timely remedy the defect will void the

 

 

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1application. Once the Secretary determines that the
2application is complete, the Secretary shall have 90 business
3days to approve or deny the application. If the application is
4denied, the Secretary shall send by United States mail notice
5of the denial to the applicant at the address set forth in the
6application. If an application is denied, the applicant may,
7within 10 days after the date of the notice of denial, make a
8written request to the Secretary for a hearing on the
9application. The hearing shall be set for a date after the
10receipt by the Secretary of the request for a hearing, and
11written notice of the time and place of the hearing shall be
12mailed to the applicant no later than 15 days before the date
13of the hearing. The hearing shall be scheduled for a date
14within 56 days after the date of the receipt of the request for
15a hearing. The applicant shall pay the actual cost of making
16the transcript of the hearing prior to the Secretary's issuing
17his or her decision. The Secretary's decision is subject to
18review as provided in Section 22.01 of this Act.
19    An application for an ambulatory currency exchange license
20shall be accompanied by a fee of $100, which fee shall be for
21the cost of investigating the applicant. An approved applicant
22shall not be required to pay the initial investigation fee of
23$100 more than once. When the application for an ambulatory
24currency exchange license has been approved by the Secretary,
25and such applicant so advised, such applicant shall pay an
26annual license fee of $25 for each and every location to be

 

 

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1served by such applicant; provided that such license fee for an
2approved applicant applying for such a license after July 1st
3of any year shall be $12 for the balance of such year for each
4and every location to be served by such applicant. Such an
5approved applicant for an ambulatory currency exchange
6license, when applying for a license with respect to a
7particular location, shall file with the Secretary, at the time
8of filing an application, a letter of memorandum, which shall
9be in writing and under oath, signed by the owner or authorized
10representative of the business whose employees are to be
11served; such letter or memorandum shall contain a statement
12that such service is desired, and that the person signing the
13same is authorized so to do. The Secretary shall thereupon
14verify the authenticity of the letter or memorandum and the
15authority of the person who executed it, to do so.
16    The Department shall have 45 business days to approve or
17deny a currency exchange licensee's request to purchase another
18currency exchange.
19(Source: P.A. 97-315, eff. 1-1-12.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".