Full Text of HB5033 97th General Assembly
HB5033ham002 97TH GENERAL ASSEMBLY | Rep. Angelo Saviano Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5033
| 2 | | AMENDMENT NO. ______. Amend House Bill 5033, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Currency Exchange Act is amended by | 6 | | changing Sections 3.3 and 4 as follows:
| 7 | | (205 ILCS 405/3.3) (from Ch. 17, par. 4807)
| 8 | | Sec. 3.3. Additional public services.
| 9 | | (a) Nothing in this Act shall prevent the Secretary from | 10 | | authorizing
a currency exchange, group of currency exchanges, | 11 | | or association of currency exchanges to render additional | 12 | | services to the public if the services
are consistent with the | 13 | | provisions of this Act, are within its meaning,
are in the best | 14 | | interest of the public, and benefit the general welfare. A | 15 | | currency exchange, group of currency exchanges, or association | 16 | | of currency exchanges must request, in writing, the Secretary's |
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| 1 | | approval of the additional service prior to rendering such | 2 | | additional service to the public. Any approval under this | 3 | | Section shall be deemed an approval for all currency exchanges. | 4 | | Any currency exchange wishing to provide an additional service | 5 | | previously as approved by the Secretary must provide written | 6 | | notice , on a form provided by the Department and available on | 7 | | its website, to the Secretary 30 days prior to offering the | 8 | | approved additional service to the public. The Secretary may | 9 | | charge an additional service investigation fee of $500 per | 10 | | application for a new additional service request. The | 11 | | additional service request shall be on a form provided by the | 12 | | Department and available on the Department's website. Within 15 | 13 | | days after receipt by the Department of an additional service | 14 | | request, the Secretary shall examine the additional service | 15 | | request for completeness and notify the requester of any | 16 | | defect. The requester must remedy the defect within 10 days | 17 | | after the mailing of the notification of the defect by the | 18 | | Secretary. Failure to remedy the defect within such time will | 19 | | void the additional service request.
If the Secretary | 20 | | determines that the additional service request is complete, the | 21 | | Secretary shall have 60 business days to approve or deny the | 22 | | additional service request. If the additional service request | 23 | | is denied, the Secretary shall send by United States mail | 24 | | notice of the denial to the requester at the address set forth | 25 | | in the additional service request. If an additional service | 26 | | request is denied, the requester may, within 10 days after |
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| 1 | | receipt of the denial, make a written request to the Secretary | 2 | | for a hearing on the additional service request denial, and the | 3 | | Department shall have 10 business days to schedule a future | 4 | | hearing. The hearing shall be scheduled for a date within 40 | 5 | | days after the request for the hearing. Written notice of the | 6 | | time and place of the hearing shall be mailed to the requester | 7 | | no later than 21 days before the date of the hearing. The | 8 | | requester shall pay the actual cost of making the transcript of | 9 | | the hearing prior to the Secretary's issuing his or her | 10 | | decision following the hearing. If the Secretary denies the | 11 | | request for a new additional service, a currency exchange shall | 12 | | not offer the new additional service until a final | 13 | | administrative order has been entered permitting a currency | 14 | | exchange to offer the service.
The Secretary's
decision may be | 15 | | subject to review as provided in Section 22.01
of this Act.
If | 16 | | the Secretary revokes a previously approved authorization for | 17 | | an additional service request, the Secretary shall provide | 18 | | written notice to all affected currency exchange licensees. | 19 | | Upon receipt of the revocation notice, a currency exchange | 20 | | licensee, group of currency exchange licensees, or association | 21 | | of currency exchanges shall have 10 days to make a written | 22 | | request to the Secretary for a hearing, and the Department | 23 | | shall have 30 business days to schedule a future hearing. | 24 | | Written notice of the time and place of the hearing shall be | 25 | | mailed to the licensee no later than 10 business days before | 26 | | the date of the hearing. The licensee shall pay the actual cost |
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| 1 | | of making the transcript prior to the Secretary's issuing his | 2 | | or her decision following the hearing.
The Secretary's decision
| 3 | | is subject to review as provided in Section 22.01 of this
Act . | 4 | | The Secretary may, at his or her discretion, revoke any | 5 | | authorization under this Section on 60 days written notice to | 6 | | the currency exchange.
| 7 | | (b) (Blank). | 8 | | (c) If the Secretary revokes authorization for a previously | 9 | | approved additional service, the currency exchange may | 10 | | continue to offer the additional service until a
final | 11 | | administrative order has been entered revoking the licensee's | 12 | | previously 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 | 16 | | for such
license shall be in writing under oath and in
the form | 17 | | prescribed and furnished by the Secretary. Each application | 18 | | shall
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
| 4 | | accompanied by a fee of $500, prior to January 1, 2012. After | 5 | | January 1, 2012 the fee shall be $750. After January 1, 2014 | 6 | | the fee shall be $1,000 . for the cost of investigating the | 7 | | applicant. If the ownership of a
licensee changes, in whole or | 8 | | in part, a new application must be filed pursuant
to this | 9 | | Section along with a $500 fee if the licensee's ownership | 10 | | interests
have been transferred
or sold to a new person or | 11 | | entity or a fee of $300 if the licensee's
ownership interests | 12 | | have been transferred or sold to a current holder or
holders of | 13 | | the licensee's ownership interests.
When the application for a
| 14 | | community currency exchange license has been approved by the | 15 | | Secretary and
the applicant so advised, an additional sum of
| 16 | | $400 as an annual license
fee for a period terminating on the | 17 | | last day of the current calendar year
shall be paid to the | 18 | | Secretary by the applicant; provided, that the license
fee for | 19 | | an applicant applying for such a license after July 1st of any | 20 | | year
shall be $200 for the balance of such year. Upon receipt
| 21 | | of a community currency exchange license application, the
| 22 | | Secretary shall examine the application for completeness and
| 23 | | notify the applicant in writing of any defect within 15 days | 24 | | after
receipt. The applicant must remedy the defect within 10 | 25 | | days after the mailing of the notification of the defect by the | 26 | | Secretary. Failure to timely remedy the defect will void the |
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| 1 | | application. Once the Secretary determines that the | 2 | | application is complete, the Secretary shall have 90 business | 3 | | days to approve or deny the application.
If
the application is | 4 | | denied, the Secretary shall send by United
States mail notice | 5 | | of the denial to the applicant at the
address set forth in the | 6 | | application. If an application is
denied, the applicant may, | 7 | | within 10 days after the date of the
notice of denial, make a | 8 | | written request to the Secretary for a
hearing on the | 9 | | application, and the Secretary shall, within 10 days, set a | 10 | | time
and place for the hearing. The hearing shall be scheduled | 11 | | for a date within 40 days after the request for the hearing.
| 12 | | Written notice of the time and place of the hearing shall
be | 13 | | mailed to the applicant no later than 15 business days before | 14 | | the
date of the hearing. The applicant shall pay the actual | 15 | | cost of
making the transcript of the hearing prior to the | 16 | | Secretary's
issuing his or her decision. The Secretary's | 17 | | decision is subject to review as
provided in Section 22.01 of | 18 | | this Act.
| 19 | | An application for an ambulatory currency exchange license | 20 | | shall be
accompanied by a fee of $100, which fee shall be for | 21 | | the cost of
investigating the applicant. An approved applicant | 22 | | shall not be required
to pay the initial investigation fee of | 23 | | $100 more than once.
When the application for an ambulatory | 24 | | currency exchange license has
been approved by the Secretary, | 25 | | and such applicant so advised, such
applicant shall pay an | 26 | | annual license fee of $25 for each and every
location to be |
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| 1 | | served by such applicant; provided that such license fee for
an | 2 | | approved applicant applying for such a license after July 1st | 3 | | of any
year shall be $12 for the balance of such year for each | 4 | | and every location
to be served by such applicant. Such an
| 5 | | approved applicant for an ambulatory currency exchange | 6 | | license, when
applying for a license with respect to a | 7 | | particular location, shall file
with the Secretary, at the time | 8 | | of filing an application, a letter of
memorandum, which shall | 9 | | be in writing and under oath, signed by the owner
or authorized | 10 | | representative of the business whose employees are to be
| 11 | | served; such letter or memorandum shall contain a statement | 12 | | that such
service is desired, and that the person signing the | 13 | | same is authorized so
to do. The Secretary shall thereupon | 14 | | verify the authenticity of the letter
or memorandum and the | 15 | | authority of the person who executed it, to do
so. | 16 | | The Department shall have 45 business days to approve or | 17 | | deny a currency exchange licensee's request to purchase another | 18 | | currency exchange.
| 19 | | (Source: P.A. 97-315, eff. 1-1-12.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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