Illinois General Assembly - Full Text of HB5033
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Full Text of HB5033  97th General Assembly

HB5033enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5033 EnrolledLRB097 18780 PJG 64016 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Currency Exchange Act is amended by changing
5Sections 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
17additional service to the public. Any approval under this
18Section shall be deemed an approval for all currency exchanges.
19Any currency exchange wishing to provide an additional service
20previously as approved by the Secretary must provide written
21notice, on a form provided by the Department and available on
22its website, to the Secretary 30 days prior to offering the
23approved additional service to the public. The Secretary may

 

 

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1charge an additional service investigation fee of $500 per
2application for a new additional service request. The
3additional service request shall be on a form provided by the
4Department and available on the Department's website. Within 15
5days after receipt by the Department of an additional service
6request, the Secretary shall examine the additional service
7request for completeness and notify the requester of any
8defect. The requester must remedy the defect within 10 days
9after the mailing of the notification of the defect by the
10Secretary. Failure to remedy the defect within such time will
11void the additional service request. If the Secretary
12determines that the additional service request is complete, the
13Secretary shall have 60 business days to approve or deny the
14additional service request. If the additional service request
15is denied, the Secretary shall send by United States mail
16notice of the denial to the requester at the address set forth
17in the additional service request. If an additional service
18request is denied, the requester may, within 10 days after
19receipt of the denial, make a written request to the Secretary
20for a hearing on the additional service request denial. The
21hearing shall be set for a date after the receipt by the
22Secretary of the request for a hearing, and written notice of
23the time and place of the hearing shall be mailed to the
24requester no later than 15 days before the date of the hearing.
25The hearing shall be scheduled for a date within 56 days after
26the date of the receipt of the request for a hearing. The

 

 

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1requester shall pay the actual cost of making the transcript of
2the hearing prior to the Secretary's issuing his or her
3decision following the hearing. If the Secretary denies the
4request for a new additional service, a currency exchange shall
5not offer the new additional service until a final
6administrative order has been entered permitting a currency
7exchange to offer the service. The Secretary's decision may be
8subject to review as provided in Section 22.01 of this Act. If
9the Secretary revokes a previously approved authorization for
10an additional service request, the Secretary shall provide
11written notice to all affected currency exchange licensees.
12Upon receipt of the revocation notice, a currency exchange
13licensee, group of currency exchange licensees, or association
14of currency exchanges shall have 10 days to make a written
15request to the Secretary for a hearing, and the Department
16shall have 30 business days to schedule a future hearing.
17Written notice of the time and place of the hearing shall be
18mailed to the licensee no later than 10 business days before
19the date of the hearing. The licensee shall pay the actual cost
20of making the transcript prior to the Secretary's issuing his
21or her decision following the hearing. The Secretary's decision
22is subject to review as provided in Section 22.01 of this Act.
23The Secretary may, at his or her discretion, revoke any
24authorization under this Section on 60 days written notice to
25the currency exchange.
26    (b) (Blank).

 

 

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1    (c) If the Secretary revokes authorization for a previously
2approved additional service, the currency exchange may
3continue to offer the additional service until a final
4administrative order has been entered revoking the licensee's
5previously approved authorization.
6(Source: P.A. 97-315, eff. 1-1-12.)
 
7    (205 ILCS 405/4)  (from Ch. 17, par. 4808)
8    Sec. 4. License application; contents; fees. Application
9for such license shall be in writing under oath and in the form
10prescribed and furnished by the Secretary. Each application
11shall contain the following:
12        (a) The full name and address (both of residence and
13    place of business) of the applicant, and if the applicant
14    is a partnership, limited liability company, or
15    association, of every member thereof, and the name and
16    business address if the applicant is a corporation;
17        (b) The county and municipality, with street and
18    number, if any, where the community currency exchange is to
19    be conducted, if the application is for a community
20    currency exchange license;
21        (c) If the application is for an ambulatory currency
22    exchange license, the name and address of the employer at
23    each location to be served by it; and
24        (d) The applicant's occupation or profession; a
25    detailed statement of the applicant's his business

 

 

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1    experience for the 10 years immediately preceding the his
2    application; a detailed statement of the applicant's his
3    finances; the applicant's his present or previous
4    connection with any other currency exchange; whether the
5    applicant he has ever been involved in any civil or
6    criminal litigation, and the material facts pertaining
7    thereto; whether the applicant he has ever been committed
8    to any penal institution or admitted to an institution for
9    the care and treatment of mentally ill persons; and the
10    nature of applicant's occupancy of the premises to be
11    licensed where the application is for a community currency
12    exchange license. If the applicant is a partnership, the
13    information specified herein shall be required of each
14    partner. If the applicant is a corporation, the said
15    information shall be required of each officer, director and
16    stockholder thereof along with disclosure of their
17    ownership interests. If the applicant is a limited
18    liability company, the information required by this
19    Section shall be provided with respect to each member and
20    manager along with disclosure of their ownership
21    interests.
22    A community currency exchange license application shall be
23accompanied by a fee of $500, prior to January 1, 2012. After
24January 1, 2012 the fee shall be $750. After January 1, 2014
25the fee shall be $1,000. for the cost of investigating the
26applicant. If the ownership of a licensee changes, in whole or

 

 

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1in part, a new application must be filed pursuant to this
2Section along with a $500 fee if the licensee's ownership
3interests have been transferred or sold to a new person or
4entity or a fee of $300 if the licensee's ownership interests
5have been transferred or sold to a current holder or holders of
6the licensee's ownership interests. When the application for a
7community currency exchange license has been approved by the
8Secretary and the applicant so advised, an additional sum of
9$400 as an annual license fee for a period terminating on the
10last day of the current calendar year shall be paid to the
11Secretary by the applicant; provided, that the license fee for
12an applicant applying for such a license after July 1st of any
13year shall be $200 for the balance of such year. Upon receipt
14of a community currency exchange license application, the
15Secretary shall examine the application for completeness and
16notify the applicant in writing of any defect within 20 days
17after receipt. The applicant must remedy the defect within 10
18days after the mailing of the notification of the defect by the
19Secretary. Failure to timely remedy the defect will void the
20application. Once the Secretary determines that the
21application is complete, the Secretary shall have 90 business
22days to approve or deny the application. If the application is
23denied, the Secretary shall send by United States mail notice
24of the denial to the applicant at the address set forth in the
25application. If an application is denied, the applicant may,
26within 10 days after the date of the notice of denial, make a

 

 

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1written request to the Secretary for a hearing on the
2application. The hearing shall be set for a date after the
3receipt by the Secretary of the request for a hearing, and
4written notice of the time and place of the hearing shall be
5mailed to the applicant no later than 15 days before the date
6of the hearing. The hearing shall be scheduled for a date
7within 56 days after the date of the receipt of the request for
8a hearing. The applicant shall pay the actual cost of making
9the transcript of the hearing prior to the Secretary's issuing
10his or her decision. The Secretary's decision is subject to
11review as provided in Section 22.01 of this Act.
12    An application for an ambulatory currency exchange license
13shall be accompanied by a fee of $100, which fee shall be for
14the cost of investigating the applicant. An approved applicant
15shall not be required to pay the initial investigation fee of
16$100 more than once. When the application for an ambulatory
17currency exchange license has been approved by the Secretary,
18and such applicant so advised, such applicant shall pay an
19annual license fee of $25 for each and every location to be
20served by such applicant; provided that such license fee for an
21approved applicant applying for such a license after July 1st
22of any year shall be $12 for the balance of such year for each
23and every location to be served by such applicant. Such an
24approved applicant for an ambulatory currency exchange
25license, when applying for a license with respect to a
26particular location, shall file with the Secretary, at the time

 

 

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1of filing an application, a letter of memorandum, which shall
2be in writing and under oath, signed by the owner or authorized
3representative of the business whose employees are to be
4served; such letter or memorandum shall contain a statement
5that such service is desired, and that the person signing the
6same is authorized so to do. The Secretary shall thereupon
7verify the authenticity of the letter or memorandum and the
8authority of the person who executed it, to do so.
9    The Department shall have 45 business days to approve or
10deny a currency exchange licensee's request to purchase another
11currency exchange.
12(Source: P.A. 97-315, eff. 1-1-12.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.