Full Text of SB3235 103rd General Assembly
SB3235sam003 103RD GENERAL ASSEMBLY | Sen. Christopher Belt Filed: 4/5/2024 | | 10300SB3235sam003 | | LRB103 37444 RTM 71968 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3235
| 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. |
| | | 10300SB3235sam003 | - 2 - | LRB103 37444 RTM 71968 a |
|
| 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; |
| | | 10300SB3235sam003 | - 3 - | LRB103 37444 RTM 71968 a |
|
| 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 |
| | | 10300SB3235sam003 | - 4 - | LRB103 37444 RTM 71968 a |
|
| 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. |
| | | 10300SB3235sam003 | - 5 - | LRB103 37444 RTM 71968 a |
|
| 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 |
| | | 10300SB3235sam003 | - 6 - | LRB103 37444 RTM 71968 a |
|
| 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 |
| | | 10300SB3235sam003 | - 7 - | LRB103 37444 RTM 71968 a |
|
| 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 |
| | | 10300SB3235sam003 | - 8 - | LRB103 37444 RTM 71968 a |
|
| 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.". |
|