State of Illinois
90th General Assembly
Legislation

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90_HB0375

      SEE INDEX
          Amends the Illinois Banking Act, the Illinois Savings and
      Loan Act of 1985, the Savings Bank Act, the  Illinois  Credit
      Union  Act,  the  Corporate  Fiduciary  Act, and the Illinois
      Insurance Code.  Authorizes financial institutions to act  as
      agents   for   insurance   companies.    Establishes  license
      requirements for insurance sales.  Sets  forth  standards  of
      conduct.   Provides  that a financial institution transacting
      an insurance business prior to the  effective  date  of  this
      amendatory  Act  has  180  days  after that effective date to
      bring its  insurance  operations  into  compliance  with  the
      provisions of this amendatory Act.  Effective immediately.
                                                     LRB9002241JSgc
                                               LRB9002241JSgc
 1        AN  ACT  authorizing and regulating the sale of insurance
 2    by financial institutions.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Banking  Act  is  amended by
 6    changing Sections 5 and 48.2 as follows:
 7        (205 ILCS 5/5) (from Ch. 17, par. 311)
 8        Sec. 5.  General  corporate  powers.   A  bank  organized
 9    under  this  Act  or subject hereto shall be a body corporate
10    and politic and shall, without specific  mention  thereof  in
11    the  charter,  have  all the powers conferred by this Act and
12    the following additional general corporate powers:
13        (1)  To sue and be sued,  complain,  and  defend  in  its
14    corporate name.
15        (2)  To  have  a  corporate seal, which may be altered at
16    pleasure, and to use the same by causing it  or  a  facsimile
17    thereof   to  be  impressed  or  affixed  or  in  any  manner
18    reproduced, provided that the affixing of a corporate seal to
19    an instrument shall not give the instrument additional  force
20    or effect, or change the construction thereof, and the use of
21    a corporate seal is not mandatory.
22        (3)  To  make,  alter,  amend,  and  repeal  bylaws,  not
23    inconsistent   with   its   charter  or  with  law,  for  the
24    administration of the affairs of the bank.
25        (4)  To elect or appoint and remove officers  and  agents
26    of   the   bank   and  define  their  duties  and  fix  their
27    compensation.
28        (5)  To  adopt  and  operate  reasonable   bonus   plans,
29    profit-sharing  plans, stock-bonus plans, stock-option plans,
30    pension plans and similar incentive plans for its  directors,
31    officers and employees.
                            -2-                LRB9002241JSgc
 1        (5.1)  To  manage,  operate and administer a fund for the
 2    investment of funds by a public agency or agencies, including
 3    any unit of local  government  or  school  district,  or  any
 4    person.   The  fund  for  a public agency shall invest in the
 5    same  type  of  investments  and  be  subject  to  the   same
 6    limitations provided for the investment of public funds.  The
 7    fund  for  public  agencies  shall maintain a separate ledger
 8    showing the amount of investment for each  public  agency  in
 9    the  fund. "Public funds" and "public agency" as used in this
10    Section shall have the meanings ascribed to them in Section 1
11    of the Public Funds Investment Act.
12        (6)  To make reasonable donations for the public  welfare
13    or  for  charitable,  scientific,  religious  or  educational
14    purposes.
15        (7)  To  borrow or incur an obligation; and to pledge its
16    assets:
17             (a)  to secure its borrowings, its lease of personal
18        or real property or its other nondeposit obligations;
19             (b)  to enable it to act as agent for  the  sale  of
20        obligations of the United States;
21             (c)  to  secure  deposits  of  public  money  of the
22        United States, whenever  required  by  the  laws  of  the
23        United   States,  including  without  being  limited  to,
24        revenues and funds the deposit of which is subject to the
25        control or regulation of the United States or any of  its
26        officers, agents, or employees and Postal Savings funds;
27             (d)  to secure deposits of public money of any state
28        or  of  any  political corporation or subdivision thereof
29        including, without being limited to, revenues  and  funds
30        the  deposit  of  which  is  subject  to  the  control or
31        regulation of any state or of any  political  corporation
32        or  subdivisions  thereof  or  of  any of their officers,
33        agents, or employees;
34             (e)  to secure deposits of money  whenever  required
                            -3-                LRB9002241JSgc
 1        by the National Bankruptcy Act;
 2             (f)  to  qualify  under Section 2-9 of the Corporate
 3        Fiduciary Act; and
 4             (g)  to  secure  trust  funds  commingled  with  the
 5        bank's  funds,  whether  deposited  by  the  bank  or  an
 6        affiliate of the bank, pursuant to  Section  2-8  of  the
 7        Corporate Fiduciary Act.
 8        (8)  To  own, possess, and carry as assets all or part of
 9    the real estate necessary in or with which to do its  banking
10    business, either directly or indirectly through the ownership
11    of  all  or part of the capital stock, shares or interests in
12    any corporation, association, trust engaged  in  holding  any
13    part  or  parts  or all of the bank premises, engaged in such
14    business and in conducting a safe  deposit  business  in  the
15    premises or part of them, or engaged in any activity that the
16    bank  is  permitted  to  conduct  in a subsidiary pursuant to
17    paragraph (12) of this Section 5.
18        (9)  To own, possess, and  carry  as  assets  other  real
19    estate  to which it may obtain title in the collection of its
20    debts or that was  formerly  used  as  a  part  of  the  bank
21    premises,  but  title  to  any  real  estate except as herein
22    permitted shall not be retained by the bank, either  directly
23    or  by  or  through  a subsidiary, as permitted by subsection
24    (12) of this Section for a total period of more than 5  years
25    after  acquiring title, either directly or indirectly, unless
26    a request for extension of time shall have been submitted  in
27    writing to and approved by the Commissioner.
28        (10)  To  do any act, including the acquisition of stock,
29    necessary to  obtain  insurance  of  its  deposits,  or  part
30    thereof, and any act necessary to obtain a guaranty, in whole
31    or  in part, of any of its loans or investments by the United
32    States or any agency thereof, and any act necessary  to  sell
33    or  otherwise  dispose  of any of its loans or investments to
34    the United States or any agency thereof, and to  acquire  and
                            -4-                LRB9002241JSgc
 1    hold membership in the Federal Reserve System.
 2        (11)  Notwithstanding  any  other provisions of this Act,
 3    to do any act and  to  own,  possess,  and  carry  as  assets
 4    property  of  the  character, including stock, that is at the
 5    time authorized or permitted to national banks by an  Act  of
 6    Congress,  but  subject  always  to  the same limitations and
 7    restrictions as are  applicable  to  national  banks  by  the
 8    pertinent federal law.
 9        (12)  To  own,  possess, and carry as assets stock of one
10    or more corporations that is, or are, engaged in one or  more
11    of the following businesses:
12             (a)  holding   title  to  and  administering  assets
13        acquired as a result of the collection or liquidating  of
14        loans, investments, or discounts; or
15             (b)  holding  title  to  and  administering personal
16        property acquired by the  bank,  directly  or  indirectly
17        through  a  subsidiary,  for  the  purpose  of leasing to
18        others, provided the lease or leases and  the  investment
19        of  the  bank,  directly or through a subsidiary, in that
20        personal property otherwise comply with Section  35.1  of
21        this Act; or
22             (c)  carrying   on   or  administering  any  of  the
23        activities excepting  the  receipt  of  deposits  or  the
24        payment  of  checks  or  other  orders for the payment of
25        money in which a bank  may  engage  in  carrying  on  its
26        general banking business; provided, however, that nothing
27        contained in this paragraph (c) shall be deemed to permit
28        a  bank organized under this Act or subject hereto to do,
29        either directly or indirectly through any subsidiary, any
30        act, including the making of any loan or  investment,  or
31        to  own, possess, or carry as assets any property that if
32        done by or owned, possessed, or carried by the State bank
33        would be in violation of or prohibited by  any  provision
34        of this Act.
                            -5-                LRB9002241JSgc
 1        The provisions of this subsection (12) shall not apply to
 2    and  shall  not be deemed to limit the powers of a State bank
 3    with respect to the ownership, possession,  and  carrying  of
 4    stock  that  a  State  bank  is permitted to own, possess, or
 5    carry under this Act.
 6        Any bank intending to establish a subsidiary  under  this
 7    subsection (12) shall give written notice to the Commissioner
 8    60  days prior to the subsidiary's commencing of business or,
 9    as the case may be, prior to acquiring stock in a corporation
10    that has already commenced business.   The  Commissioner  may
11    specify  the  form of the notice and may promulgate rules and
12    regulations to administer this subsection (12).
13        (13)  To  accept  for  payment  at  a  future  date   not
14    exceeding  one year from the date of acceptance, drafts drawn
15    upon it by its customers; and to issue,  advise,  or  confirm
16    letters  of  credit  authorizing  the holders thereof to draw
17    drafts upon it or its correspondents.
18        (14)  To own and lease personal property acquired by  the
19    bank  at  the  request  of  a prospective lessee and upon the
20    agreement of that  person  to  lease  the  personal  property
21    provided  that the lease, the agreement with respect thereto,
22    and the amount of the investment of the bank in the  property
23    comply with Section 35.1 of this Act.
24        (15) (a)  To  establish  and maintain, in addition to the
25    main banking premises, branches offering any banking services
26    permitted at the main banking premises of a State bank.
27        (b)  To establish  and  maintain,  after  May  31,  1997,
28    branches  in  another  state that may conduct any activity in
29    that state that is authorized or permitted for any bank  that
30    has  a  banking  charter issued by that state, subject to the
31    same limitations and  restrictions  that  are  applicable  to
32    banks chartered by that state.
33        (16)  (Blank).
34        (17)  To  establish and maintain terminals, as authorized
                            -6-                LRB9002241JSgc
 1    by the Electronic Fund Transfer Act.
 2        (18)  To establish and maintain temporary service  booths
 3    at  any  International  Fair  held  in  this  State  which is
 4    approved by the United States Department of Commerce, for the
 5    duration of the international fair for the  sole  purpose  of
 6    providing  a  convenient place for foreign trade customers at
 7    the fair to exchange  their  home  countries'  currency  into
 8    United  States currency or the converse. This power shall not
 9    be construed  as  establishing  a  new  place  or  change  of
10    location for the bank providing the service booth.
11        (19)  To  indemnify  its  officers, directors, employees,
12    and agents, as authorized for corporations under Section 8.75
13    of the Business Corporation Act of 1983.
14        (20)  To own, possess, and carry as assets stock  of,  or
15    be  or  become  a member of, any corporation, mutual company,
16    association, trust, or other entity  formed  exclusively  for
17    the  purpose  of providing directors' and officers' liability
18    and bankers' blanket bond insurance or reinsurance to and for
19    the benefit of the stockholders, members,  or  beneficiaries,
20    or  their assets or businesses, or their officers, directors,
21    employees, or agents, and not to or for the  benefit  of  any
22    other person or entity or the public generally.
23        (21)  To  make debt or equity investments in corporations
24    or projects, whether for profit or not for  profit,  designed
25    to  promote the development of the community and its welfare,
26    provided that  the  aggregate  investment  in  all  of  these
27    corporations  and in all of these projects does not exceed 5%
28    of the unimpaired capital and unimpaired surplus of the  bank
29    and   provided  that  this  limitation  shall  not  apply  to
30    creditworthy loans by  the  bank  to  those  corporations  or
31    projects.   Upon  written  application to the Commissioner, a
32    bank may make an investment that would, when aggregated  with
33    all  other  such  investments,  exceed  5%  of the unimpaired
34    capital and unimpaired surplus of the bank. The  Commissioner
                            -7-                LRB9002241JSgc
 1    may  approve the investment if he is of the opinion and finds
 2    that the proposed investment will not have a material adverse
 3    effect on the safety and soundness of the bank.
 4        (22)  To own, possess, and carry as assets the stock of a
 5    corporation engaged in the ownership or operation of a travel
 6    agency or to operate  a  travel  agency  as  a  part  of  its
 7    business, provided that the bank either owned, possessed, and
 8    carried as assets the stock of such a corporation or operated
 9    a travel agency as part of its business before July 1, 1991.
10        (23)  With respect to affiliate facilities:
11             (a)  to  conduct  at affiliate facilities any of the
12        following transactions  for  and  on  behalf  of  another
13        commonly  owned bank, if so authorized by the other bank:
14        receiving deposits; cashing and issuing  checks,  drafts,
15        and  money orders; changing money; and receiving payments
16        on existing indebtedness; and
17             (b)  to authorize a commonly owned bank  to  conduct
18        for and on behalf of it any of the transactions listed in
19        this paragraph (23) at one or more affiliate facilities.
20        Any  bank intending to conduct or to authorize a commonly
21    owned bank to conduct at an affiliate  facility  any  of  the
22    transactions  specified  in  this  paragraph  (23) shall give
23    written notice to the Commissioner at least  30  days  before
24    any such transaction is conducted at the affiliate facility.
25        (24)  To  act  as  the agent for any fire, life, or other
26    insurance company authorized by the  State  of  Illinois,  by
27    soliciting  and  selling insurance and collecting premiums on
28    policies issued by such company; and may receive for services
29    so rendered such fees or commissions as may  be  agreed  upon
30    between  the said bank and the insurance company for which it
31    may act as agent; provided, however, that no such bank  shall
32    in any case assume or guarantee the payment of any premium on
33    insurance   policies   issued   through  its  agency  by  its
34    principal; and provided further,  that  the  bank  shall  not
                            -8-                LRB9002241JSgc
 1    guarantee  the  truth  of any statement made by an assured in
 2    filing his application for insurance.
 3    (Source: P.A.  88-4;  89-208,  eff.  9-29-95;  89-310,   eff.
 4    1-1-96; 89-364, eff. 8-18-95; 89-626, eff. 8-9-96.)
 5        (205 ILCS 5/48.2) (from Ch. 17, par. 360.1)
 6        Sec. 48.2.  Prohibition against certain activities.
 7        (a)  Any bank, subsidiary, affiliate, officer or employee
 8    of such bank subject to this Act shall not:
 9        (1)  grant  any loan on the prior condition, agreement or
10    understanding that the borrower contract  with  any  specific
11    person or organization for the following:
12        (A)  insurance services of an agent or broker;
13        (B)  legal services rendered to the borrower;
14        (C)  services of a real estate agent or broker; or
15        (D)  real estate or property management services;
16        (2)  require  that  insurance  services,  legal services,
17    real estate  services  or  property  management  services  be
18    placed with any subsidiary, affiliate, officer or employee of
19    any bank.
20        (b)  (Blank).   Any   bank   or   subsidiary,  affiliate,
21    employee, officer, banking house, branch bank, branch office,
22    additional office or agency of such bank  shall  comply  with
23    Section 499.1 of the "Illinois Insurance Code".
24        (c)  Any  officer or employee of a bank or its affiliates
25    or subsidiaries who violates this  Section  is  guilty  of  a
26    business offense, and upon conviction shall be fined not more
27    than $1,000.  This Section does not create a private cause of
28    action for civil damages.
29        (d)  In  any  contract  or  loan  which  is  secured by a
30    mortgage, deed of trust, or conveyance in  the  nature  of  a
31    mortgage,  on  residential real estate, the interest which is
32    computed, calculated, charged, or collected pursuant to  such
33    contract  or  loan,  or  pursuant  to  any regulation or rule
                            -9-                LRB9002241JSgc
 1    promulgated pursuant  to  this  Act,  may  not  be  computed,
 2    calculated,  charged  or  collected  for  any  period of time
 3    occurring after the date on  which  the  total  indebtedness,
 4    with  the  exception  of  late  payment penalties, is paid in
 5    full.  For purposes of this subsection (d)  of  this  Section
 6    48.2,  a  prepayment  shall  mean  the  payment  of the total
 7    indebtedness, with the exception of late payment penalties if
 8    incurred or charged, on any date before the date specified in
 9    the  contract  or  loan  agreement   on   which   the   total
10    indebtedness  shall  be  paid  in full, or before the date on
11    which all payments, if timely made, shall have been made.  In
12    the event of a prepayment of the indebtedness which  is  made
13    on   a   date  after  the  date  on  which  interest  on  the
14    indebtedness  was  last  computed,  calculated,  charged,  or
15    collected but before the next date on which interest  on  the
16    indebtedness  was  to  be  calculated,  computed, charged, or
17    collected, the  lender  may  calculate,  charge  and  collect
18    interest  on  the  indebtedness  for the period which elapsed
19    between the date on which the prepayment is made and the date
20    on which interest on  the  indebtedness  was  last  computed,
21    calculated,  charged or collected at a rate equal to 1/360 of
22    the annual rate for each day which  so  elapsed,  which  rate
23    shall  be  applied  to the indebtedness outstanding as of the
24    date of prepayment.  The lender shall refund to the  borrower
25    any  interest  charged  or collected which exceeds that which
26    the lender may charge or collect pursuant  to  the  preceding
27    sentence.    The  provisions  of  this amendatory Act of 1985
28    shall apply only to contracts or loans  entered  into  on  or
29    after January 1, 1986.
30        (e)  Any bank, affiliate or subsidiary of such bank which
31    shall   engage   in  making  residential  mortgage  financing
32    transactions, shall with respect to  each  such  transaction,
33    provide the following:
34        (1)  if   a  contractual  obligation  is  intended  to  a
                            -10-               LRB9002241JSgc
 1    borrower, a mortgage commitment which  shall  set  forth  the
 2    material   terms,   conditions   and  contingencies  of  such
 3    commitment;
 4        (2)  if the servicing of a residential mortgage shall  be
 5    transferred  from  the  original mortgagee, within 45 days of
 6    such transfer, written notice sent by certified mail,  return
 7    receipt  requested,  to  the  mortgagor at the address of the
 8    property,  unless   the   mortgagor   shall   have   directed
 9    correspondence  from  the  mortgagee shall be sent to another
10    address, which notice shall set forth:  the name and  address
11    of  the transferee; the name, address and telephone number to
12    which  inquiries  by  the  residential  mortgagor  should  be
13    addressed; and the name and  address  to  which  the  next  3
14    monthly  installments  are  to be submitted to the transferee
15    and the amount of each of such monthly installment; and
16        (3)  if the servicing of a residential mortgage shall  be
17    transferred  again  or  if  the  information in paragraph (2)
18    above shall change, the notice with the corrected information
19    shall be provided within 45 days of such subsequent  transfer
20    or  change  in information by the transferee of the servicing
21    of the mortgage at that time.
22    (Source: P.A. 85-1209; 85-1379.)
23        Section 10.  The Illinois Savings and Loan Act of 1985 is
24    amended by changing Section 1-6 as follows:
25        (205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
26        Sec. 1-6.   General  corporate  powers.   An  association
27    operating  under  this  Act  shall  be  a  body corporate and
28    politic and shall have all of the specific  powers  conferred
29    by  this  Act and, in addition thereto, the following general
30    powers:
31        (a)  To sue and be  sued,  complain  and  defend  in  its
32    corporate name, and to have a common seal, which it may alter
                            -11-               LRB9002241JSgc
 1    or renew at pleasure;
 2        (b)  To    obtain   and   maintain   insurance   of   the
 3    association's   withdrawable   capital   by   an    insurance
 4    corporation as defined in this Act;
 5        (c)  Notwithstanding  anything  to the contrary contained
 6    in this Act, to become a member  of  the  Federal  Home  Loan
 7    Bank,  and  to have all of the powers granted to a savings or
 8    thrift institution organized under the  laws  of  the  United
 9    States  and  which is located and doing business in the State
10    of Illinois, subject to regulations of the Commissioner;
11        (d)  To act as a fiscal agent for the United States,  the
12    State of Illinois or any department, branch, arm or agency of
13    the  State or any unit of local government or school district
14    in the State when duly designated for that  purpose,  and  as
15    agent  to perform the reasonable functions as may be required
16    of it;
17        (e)  To become a member of or deal with  any  corporation
18    or  agency  of the United States or the State of Illinois, to
19    the  extent  that  the  agency  assists  in   furthering   or
20    facilitating the association's purposes or powers and to that
21    end  to purchase stock or securities thereof or deposit money
22    therewith,  and  to  comply  with  any  other  conditions  of
23    membership or credit;
24        (f)  To make donations  in  reasonable  amounts  for  the
25    public  welfare  or  for charitable, scientific, religious or
26    educational purposes;
27        (g)  To adopt and operate  reasonable  insurance,  bonus,
28    profit   sharing,  and  retirement  plans  for  officers  and
29    employees;  likewise,  directors  who   are   not   officers,
30    including,  but  not  limited  to,  advisory,  honorary,  and
31    emeritus directors, may participate in those plans;
32        (h)  To  reject any application for membership, to retire
33    withdrawable capital by enforced retirement  as  provided  in
34    this  Act  and  the  by-laws, and to limit the issuance of or
                            -12-               LRB9002241JSgc
 1    payments  on  withdrawable  capital,  subject,  however,   to
 2    contractual obligations;
 3        (i)  To  purchase  stock  in  service corporations and to
 4    invest in any form of indebtedness of any service corporation
 5    as defined  in  this  Act,  subject  to  regulations  of  the
 6    Commissioner;
 7        (j)  To  purchase  stock of a corporation whose principal
 8    purpose is to  operate  a  safe  deposit  company  or  escrow
 9    service company;
10        (k)  To  act  as  Trustee  or Custodian under the Federal
11    Self-Employed Individuals' Tax Retirement Act of 1962 or  any
12    amendments thereto or any other retirement account and invest
13    any  funds  held in such capacity in a savings account of the
14    institution;
15        (l)  (Blank);
16        (m)  To establish,  maintain  and  operate  terminals  as
17    authorized by the Electronic Fund Transfer Act and by Section
18    5   of   the   Illinois   Banking  Act.   The  establishment,
19    maintenance, operation and location of such  terminals  shall
20    be subject to the approval of the Commissioner;
21        (n)  Subject  to  the  approval  and  regulations  of the
22    Commissioner, an association may purchase or  assume  all  or
23    any  part of the assets or liabilities of an eligible insured
24    bank;
25        (o)  To purchase from a bank, as defined in Section 2  of
26    the  Illinois  Banking  Act,  an insubstantial portion of the
27    total deposits of an insured bank.  For the purpose  of  this
28    subparagraph,  "insubstantial  portion of the total deposits"
29    shall have the same meaning as provided in Section 5(d)(2)(D)
30    of the Federal Deposit Insurance Act;
31        (p)  To effect an acquisition of or conversion to another
32    financial  institution  pursuant  to  Section  205   of   the
33    Financial  Institutions  Reform, Recovery and Enforcement Act
34    of 1989;
                            -13-               LRB9002241JSgc
 1        (q)  To pledge its assets:
 2             (1)  to enable it to act as an agent for the sale of
 3        obligations of the United States;
 4             (2)  to secure deposits;
 5             (3)  to secure deposits of money  whenever  required
 6        by the National Bankruptcy Act;
 7             (4)  to  qualify  under Section 2-9 of the Corporate
 8        Fiduciary Act; and
 9             (5)  to  secure  trust  funds  commingled  with  the
10        institution's funds, whether deposited by the institution
11        or an affiliate of the  institution,  as  required  under
12        Section 2-8 of the Corporate Fiduciary Act; and
13        (r)  To  provide  temporary  periodic  service to persons
14    residing in  a  bona  fide  nursing  home,  senior  citizens'
15    retirement home, or long-term care facility; and
16        (s)  To purchase for its own account shares of stock of a
17    bankers'  bank, described in Section 13(b)(1) of the Illinois
18    Banking Act, on the same terms and conditions as a  bank  may
19    purchase  such shares.  In no event shall the total amount of
20    such stock held by  an  association  in  such  bankers'  bank
21    exceed  10%  of  its capital and surplus (including undivided
22    profits) and in no event shall an  association  acquire  more
23    than  5%  of  any class of voting securities of such bankers'
24    bank;.
25        (t) (s)  To effect a conversion to a State bank  pursuant
26    to the provisions of the Illinois Banking Act; and.
27        (u)  To  act  as  the  agent for any fire, life, or other
28    insurance company authorized by the  State  of  Illinois,  by
29    soliciting  and  selling insurance and collecting premiums on
30    policies issued by such company; and may receive for services
31    so rendered such fees or commissions as may  be  agreed  upon
32    between  the  said  association and the insurance company for
33    which it may act as agent; provided, however,  that  no  such
34    association shall in any case assume or guarantee the payment
                            -14-               LRB9002241JSgc
 1    of  any  premium  on  insurance  policies  issued through its
 2    agency by its  principal;  and  provided  further,  that  the
 3    association  shall  not  guarantee the truth of any statement
 4    made by an assured in filing his application for insurance.
 5    (Source: P.A.  88-481;  89-74,  eff.  6-30-95;  89-310,  eff.
 6    1-1-96;  89-317,  eff. 8-11-95; 89-355, eff. 8-17-95; 89-567,
 7    eff. 7-26-96;  89-603,  eff.  8-2-96;  89-626,  eff.  8-9-96;
 8    revised 9-13-96.)
 9        Section  15.  The Savings Bank Act is amended by changing
10    Section 1008 as follows:
11        (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
12        Sec. 1008. General corporate powers.
13        (a)  A savings bank operating under this Act shall  be  a
14    body corporate and politic and shall have all of the specific
15    powers  conferred  by  this  Act and in addition thereto, the
16    following general powers:
17             (1)  To sue and be sued, complain, and defend in its
18        corporate name and to have a common seal,  which  it  may
19        alter or renew at pleasure.
20             (2)  To  obtain  and maintain insurance by a deposit
21        insurance corporation as defined in this Act.
22             (3)  To act as a fiscal agent for the United States,
23        the State of Illinois or any department, branch, arm,  or
24        agency  of  the  State or any unit of local government or
25        school district in the State, when  duly  designated  for
26        that   purpose,   and  as  agent  to  perform  reasonable
27        functions as may be required of it.
28             (4)  To  become  a  member  of  or  deal  with   any
29        corporation  or  agency of the United States or the State
30        of Illinois, to the extent that  the  agency  assists  in
31        furthering  or facilitating its purposes or powers and to
32        that end to  purchase  stock  or  securities  thereof  or
                            -15-               LRB9002241JSgc
 1        deposit  money  therewith,  and  to comply with any other
 2        conditions of membership or credit.
 3             (5)  To make donations in reasonable amounts for the
 4        public welfare or for charitable, scientific,  religious,
 5        or educational purposes.
 6             (6)  To  adopt  and  operate  reasonable  insurance,
 7        bonus,  profit sharing, and retirement plans for officers
 8        and  employees  and  for  directors  including,  but  not
 9        limited to, advisory, honorary, and  emeritus  directors,
10        who are not officers or employees.
11             (7)  To  reject  any  application for membership; to
12        retire  deposit  accounts  by  enforced   retirement   as
13        provided  in  this  Act  and the bylaws; and to limit the
14        issuance of, or payments on, deposit  accounts,  subject,
15        however, to contractual obligations.
16             (8)  To  purchase  stock in service corporations and
17        to invest in any form  of  indebtedness  of  any  service
18        corporation   as   defined   in   this  Act,  subject  to
19        regulations of the Commissioner.
20             (9)  To  purchase  stock  of  a  corporation   whose
21        principal purpose is to operate a safe deposit company or
22        escrow service company.
23             (10)  To   exercise  all  the  powers  necessary  to
24        qualify as a trustee or custodian under federal or  State
25        law,  provided  that  the authority to accept and execute
26        trusts is subject to  the  provisions  of  the  Corporate
27        Fiduciary  Act and to the supervision of those activities
28        by the Commissioner of Banks and Real Estate.
29             (11)  (Blank).
30             (12)  To establish, maintain, and operate  terminals
31        as  authorized  by the Electronic Fund Transfer Act.  The
32        establishment, maintenance, operation,  and  location  of
33        those  terminals  shall be subject to the approval of the
34        Commissioner.
                            -16-               LRB9002241JSgc
 1             (13)  Pledge its assets:
 2                  (A)  to enable it to act as agent for the  sale
 3             of obligations of the United States;
 4                  (B)  to secure deposits;
 5                  (C)  to   secure  deposits  of  money  whenever
 6             required by the National Bankruptcy Act;
 7                  (D)  to  qualify  under  Section  2-9  of   the
 8             Corporate Fiduciary Act; and
 9                  (E)  to  secure trust funds commingled with the
10             savings  bank's  funds,  whether  deposited  by  the
11             savings bank or an affiliate of the savings bank, as
12             required  under  Section  2-8   of   the   Corporate
13             Fiduciary Act.
14             (14)  To  accept for payment at a future date not to
15        exceed one year from the date of acceptance, drafts drawn
16        upon it by  its  customers;  and  to  issue,  advise,  or
17        confirm  letters of credit authorizing holders thereof to
18        draw drafts upon it or its correspondents.
19             (15)  Subject   to   the    regulations    of    the
20        Commissioner, to own and lease personal property acquired
21        by  the  savings  bank  at  the  request of a prospective
22        lessee and, upon the agreement of that person,  to  lease
23        the personal property.
24             (16)  To  establish  temporary service booths at any
25        International Fair in this State that is approved by  the
26        United  States Department of Commerce for the duration of
27        the international fair for the  purpose  of  providing  a
28        convenient  place for foreign trade customers to exchange
29        their  home  countries'  currency  into   United   States
30        currency  or the converse.  To provide temporary periodic
31        service to persons residing in a bona fide nursing  home,
32        senior  citizens'  retirement  home,  or  long-term  care
33        facility.    These  powers  shall  not  be  construed  as
34        establishing a new place or change of  location  for  the
                            -17-               LRB9002241JSgc
 1        savings bank providing the service booth.
 2             (17)  To    indemnify   its   officers,   directors,
 3        employees, and agents,  as  authorized  for  corporations
 4        under  Section  8.75  of the Business Corporations Act of
 5        1983.
 6             (18)  To provide data processing services to  others
 7        on a for-profit basis.
 8             (19)  To   utilize   any  electronic  technology  to
 9        provide customers with home banking services.
10             (20)  Subject   to   the    regulations    of    the
11        Commissioner,  to  enter  into  an  agreement to act as a
12        surety.
13             (21)  Subject   to   the    regulations    of    the
14        Commissioner,   to  issue  credit  cards,  extend  credit
15        therewith, and otherwise  engage  in  or  participate  in
16        credit card operations.
17             (22)  To  purchase  for  its  own  account shares of
18        stock of a bankers' bank, described in  Section  13(b)(1)
19        of  the  Illinois  Banking  Act,  on  the  same terms and
20        conditions as a bank may purchase  such  shares.   In  no
21        event  shall  the  total  amount  of such stock held by a
22        savings bank an association in such bankers' bank  exceed
23        10%  of  its  capital  and  surplus  (including undivided
24        profits)  and  in  no  event  shall  a  savings  bank  an
25        association acquire more than 5% of any class  of  voting
26        securities of such bankers' bank.
27             (23)  To  act  as  the  agent for any fire, life, or
28        other  insurance  company  authorized  by  the  State  of
29        Illinois,  by  soliciting  and  selling   insurance   and
30        collecting  premiums  on policies issued by such company;
31        and may receive for services so  rendered  such  fees  or
32        commissions  as  may  be  agreed  upon  between  the said
33        savings bank and the insurance company for which  it  may
34        act  as  agent;  provided,  however, that no such savings
                            -18-               LRB9002241JSgc
 1        bank shall in any case assume or guarantee the payment of
 2        any premium on  insurance  policies  issued  through  its
 3        agency  by  its principal; and provided further, that the
 4        savings  bank  shall  not  guarantee  the  truth  of  any
 5        statement made by an assured in  filing  his  application
 6        for insurance.
 7        (b)  If  this  Act  fails to provide specific guidance in
 8    matters  of  corporate  governance,  the  provisions  of  the
 9    Business Corporation Act of 1983 may be used.
10    (Source: P.A. 88-112; 88-481; 88-670,  eff.  12-2-94;  89-74,
11    eff.  6-30-95;  89-310,  eff.  1-1-96;  89-317, eff. 8-11-95;
12    89-355, eff.  8-17-95;  89-508,  eff.  7-3-96;  89-603,  eff.
13    8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.)
14        Section  20.  The Illinois Credit Union Act is amended by
15    changing Sections 13 and 55 as follows:
16        (205 ILCS 305/13) (from Ch. 17, par. 4414)
17        Sec. 13.  General Powers.  A credit union may:
18        (1)  Make contracts; sue and be sued;  adopt  and  use  a
19    common seal and alter same;
20        (2)  Acquire,  lease  (either as lessee or lessor), hold,
21    pledge, mortgage, sell and dispose of real  property,  either
22    in  whole  or  in  part,  or  any interest therein, as may be
23    necessary  or  is  incidental  to  its  present   or   future
24    operations  and  needs  subject to such limitations as may be
25    imposed thereon in rules and regulations promulgated  by  the
26    Director;  acquire, lease (either as lessee or lessor), hold,
27    pledge, mortgage, sell  and  dispose  or  personal  property,
28    either  in  whole or in part, or any interest therein, as may
29    be necessary or  is  incidental  to  its  present  or  future
30    operations and needs;
31        (3)  At the discretion of the Board of Directors, require
32    the  payment  of an entrance fee or annual membership fee, or
                            -19-               LRB9002241JSgc
 1    both, of any person admitted to membership;
 2        (4)  Receive savings from its  members  in  the  form  of
 3    shares of various classes, or special purpose share accounts;
 4    act  as  custodian  of its members' accounts; issue shares in
 5    trust as provided in this Act;
 6        (5)  Lend its funds  to  its  members  and  otherwise  as
 7    hereinafter provided;
 8        (6)  Borrow  from  any  source  in accordance with policy
 9    established by the Board of Directors to a maximum of 50%  of
10    capital, surplus and reserves;
11        (7)  Discount and sell any obligations owed to the credit
12    union;
13        (8)  Honor  requests  for withdrawals or transfers of all
14    or any  part  of  member  share  accounts,  and  any  classes
15    thereof,  in any manner approved by the credit union Board of
16    Directors;
17        (9)  Sell all or  substantially  all  of  its  assets  or
18    purchase  all  or  substantially all of the assets of another
19    credit union, subject to the prior approval of the Director;
20        (10)  Invest surplus funds as provided in this Act;
21        (11)  Make deposits in banks, savings banks, savings  and
22    loan  associations,  trust  companies;  and invest in shares,
23    classes of shares  or  share  certificates  of  other  credit
24    unions;
25        (12)  Assess  charges  and  fees to members in accordance
26    with board resolution;
27        (13)  Hold membership in and pay dues to associations and
28    organizations; to invest in shares, stocks or obligations  of
29    any credit union organization;
30        (14)  Declare  dividends  and  pay  interest  refunds  to
31    borrowers as provided in this Act;
32        (15)  Collect,  receive and disburse monies in connection
33    with providing negotiable  checks,  money  orders  and  other
34    money-type  instruments,  and  for such other purposes as may
                            -20-               LRB9002241JSgc
 1    provide benefit or convenience to its members, and  charge  a
 2    reasonable fee for such services;
 3        (16)  Act  as  fiscal agent for and receive deposits from
 4    the federal government, this state or any agency or political
 5    subdivision thereof;
 6        (17)  Receive savings from  nonmembers  in  the  form  of
 7    shares or share accounts in the case of credit unions serving
 8    predominantly  low-income  members.   The  term  "low  income
 9    members"  shall  mean those members whose annual income falls
10    at or below the lower level standard of living classification
11    as established by the Bureau of Labor Statistics and  updated
12    by  the  Employment  and  Training Administration of the U.S.
13    Department of Labor. The term "predominantly" is defined as a
14    simple majority; and
15        (18)  To establish, maintain, and  operate  terminals  as
16    authorized by the Electronic Fund Transfer Act; and
17        (19)  To  act  as  the agent for any fire, life, or other
18    insurance company authorized by the  State  of  Illinois,  by
19    soliciting  and  selling insurance and collecting premiums on
20    policies issued by such company; and may receive for services
21    so rendered such fees or commissions as may  be  agreed  upon
22    between  the  said credit union and the insurance company for
23    which it may act as agent; provided, however,  that  no  such
24    credit  union  shall  in  any  case  assume  or guarantee the
25    payment of any premium on insurance policies  issued  through
26    its  agency  by its principal; and provided further, that the
27    credit union shall not guarantee the truth of  any  statement
28    made by an assured in filing his  application for insurance.
29    (Source: P.A. 88-235; 89-310, eff. 1-1-96.)
30        (205 ILCS 305/55) (from Ch. 17, par. 4456)
31        Sec.  55.  Insurance  for Members. (1) A credit union may
32    purchase or make available insurance for its members.
33        (2)  A credit union may enter into cooperative  marketing
                            -21-               LRB9002241JSgc
 1    arrangements to facilitate its members' voluntary purchase of
 2    insurance  including,  but  not  by  way  of limitation, life
 3    insurance,  disability   insurance,   accident   and   health
 4    insurance,  property insurance, liability insurance and legal
 5    expense insurance.
 6        Nothing in this Act shall be construed  to  allow  credit
 7    unions  to  engage  in  the retail sale of insurance to their
 8    members.
 9    (Source: P.A. 81-329.)
10        Section 25.  The Corporate Fiduciary Act  is  amended  by
11    changing Section 1-6 as follows:
12        (205 ILCS 620/1-6) (from Ch. 17, par. 1551-6)
13        Sec.   1-6.    General  Corporate  Powers.   A  corporate
14    fiduciary shall have the powers:
15        (a)  if it is a State bank, those  powers  granted  under
16    Sections  3  and  5  of  the  Illinois Banking Act, as now or
17    hereafter amended; and
18        (b)  if it is a State savings and loan association, those
19    powers granted under Sections 1-6 through 1-8 of the Illinois
20    Savings and Loan Act of 1985, as now  or  hereafter  amended;
21    and
22        (c)  if  it is a corporation organized under the Business
23    Corporation Act of 1983, as now or hereafter  amended,  those
24    powers  granted  in  Sections 4.01 through 4.24 of the Trusts
25    and Trustees Act, as now or hereafter amended, to the  extent
26    the  exercise  of  such powers by the corporate fiduciary are
27    not contrary to the instrument containing the appointment  of
28    the  corporate  fiduciary,  the  court  order  appointing the
29    corporate  fiduciary  or  any  other   statute   specifically
30    limiting  the  power  of  the  corporate  fiduciary under the
31    circumstances; and.
32        (d)  to act as the agent for any  fire,  life,  or  other
                            -22-               LRB9002241JSgc
 1    insurance  company  authorized  by  the State of Illinois, by
 2    soliciting and selling insurance and collecting  premiums  on
 3    policies issued by such company; and may receive for services
 4    so  rendered  such  fees or commissions as may be agreed upon
 5    between  the  said  corporate  fiduciary  and  the  insurance
 6    company for which it may act  as  agent;  provided,  however,
 7    that  no such corporate fiduciary shall in any case assume or
 8    guarantee the payment of any premium  on  insurance  policies
 9    issued  through  its  agency  by  its principal; and provided
10    further, that the corporate fiduciary shall not guarantee the
11    truth of any statement made  by  an  assured  in  filing  his
12    application for insurance.
13        The   Commissioner   may   specify  powers  of  corporate
14    fiduciaries generally or of a particular corporate  fiduciary
15    and  by  rule  or  order  limit  or  restrict  such powers of
16    corporate fiduciaries or a particular corporate fiduciary  if
17    he  finds the exercise of such power by corporate fiduciaries
18    generally or of the corporate  fiduciary  in  particular  may
19    tend to be an unsafe or unsound practice, or if such power is
20    otherwise  not  in  the  interest  of  beneficiaries  of  any
21    fiduciary appointment.
22    (Source: P.A. 86-754.)
23        Section  30.   The  Illinois Insurance Code is amended by
24    changing Section 499.1 and adding Article XLIV as follows:
25        (215 ILCS 5/499.1) (from Ch. 73, par. 1065.46-1)
26        Sec. 499.1.  Registered firms.
27        (a)  Any corporation or partnership transacting insurance
28    business as an  insurance  agency  shall  register  with  the
29    Director before transacting insurance business in this State.
30    Such  registration shall remain in effect as long as the firm
31    pays the annual fee required by Section 509.1 of this Code by
32    the date due, unless the registration is revoked or suspended
                            -23-               LRB9002241JSgc
 1    pursuant to Section 505.1 of this Code.
 2        (b)  Each firm required to register before  acting  as  a
 3    registered firm pursuant to this Article shall appoint one or
 4    more   licensed   insurance   producers   who  are  officers,
 5    directors, or partners in the firm to be responsible for  the
 6    firm's compliance with the insurance laws and Title 50 of the
 7    Illinois Administrative Code.  Such individual or individuals
 8    shall submit to the Director a registration form and the fees
 9    required  by Section 509.1.  The Director shall prescribe the
10    registration form and may require  any  documents  reasonably
11    necessary   to   verify  the  information  contained  in  the
12    registration form. Within 30 days of a  change  in  officers,
13    directors,  or  partners  who are appointed to be responsible
14    for the firm's compliance with the insurance laws  and  Title
15    50 of the Illinois Administrative Code, the firm shall report
16    the change to the Department.
17        (c)  The  registered  firm  shall  inform the Director in
18    writing of a change in its business address within 30 days of
19    such change.
20        (d)  Each registered firm  shall  disclose  its  members,
21    officers  or directors who are authorized to act as insurance
22    producers, and report any changes in such  personnel  to  the
23    Director within 30 days of such changes.
24        (e)  (Blank).  A  registered  firm  may not be a national
25    bank located in a city, village or incorporated town  with  a
26    population  exceeding  5,000  according  to  the last federal
27    census, a State bank or a trust  company,  or  a  subsidiary,
28    affiliate,  officer or employee of any such national or State
29    bank or trust company contributing directly or indirectly  to
30    the  income  of such bank or trust company any profit or fees
31    or part thereof derived from the solicitation, negotiation or
32    effecting of insurance.
33    (Source: P.A. 89-240, eff. 1-1-96.)
                            -24-               LRB9002241JSgc
 1        (215 ILCS 5/Article heading new)
 2                            ARTICLE XLIV
 3             FINANCIAL INSTITUTIONS INSURANCE SALES LAW
 4        (215 ILCS 5/1400 new)
 5        Sec. 1400.  Short title.  This Article may  be  cited  as
 6    the Financial Institutions Insurance Sales Law.
 7        (215 ILCS 5/1401 new)
 8        Sec.  1401.   Purpose.  The purpose of this Article is to
 9    increase  the  availability  of  insurance  products  to  the
10    citizens  of  this  State  by  expanding   those   businesses
11    authorized  to  sell  insurance products to include financial
12    institutions, and to protect the interests of the citizens of
13    this State by regulating their  authority  to  do  so.   This
14    Article does not apply to activities or services conducted by
15    or  for a financial institution that do not require licensure
16    as  an  insurance  producer,  temporary  insurance  producer,
17    limited insurance representative, or registered firm.
18        (215 ILCS 5/1402 new)
19        Sec.  1402.   Definitions.   For  the  purposes  of  this
20    Article:
21        "Affiliate" means  any  financial  institution,  business
22    corporation,   limited  liability  company,  business  trust,
23    partnership, joint  venture,  sole  proprietorship  or  other
24    entity  that  is  not  directly  or  indirectly  at least 80%
25    commonly owned with a financial institution.
26        "Financial institution"  means:   (a)  a  State  bank,  a
27    National  bank,  or  an out-of-state bank, as those terms are
28    defined in the Illinois Banking Act, or any subsidiary  of  a
29    State  bank,  a National bank, or an out-of-state bank; (b) a
30    foreign banking corporation, as that term is defined  in  the
31    Foreign  Banking  Office  Act, or any subsidiary of a foreign
                            -25-               LRB9002241JSgc
 1    banking corporation; (c) a corporate fiduciary, as that  term
 2    is defined in the Corporate Fiduciary Act; (d) a savings bank
 3    organized under the Savings Bank Act, an out-of-state savings
 4    bank chartered under the laws of a state other than Illinois,
 5    a  territory  of  the  United  States,  or  the  District  of
 6    Columbia,  or  a federal savings bank organized under federal
 7    law, or any subsidiary of a  savings  bank,  an  out-of-state
 8    savings bank or a federal savings bank; (e) an association or
 9    federal  association,  as  those  terms  are  defined  in the
10    Illinois Savings and Loan Act of 1985, or any  subsidiary  of
11    an  association  or  federal association; (f) an out-of-state
12    savings and loan association chartered under the  laws  of  a
13    state  other  than Illinois, a territory of the United States
14    or the District of Columbia, or a federal  savings  and  loan
15    association  organized  under  federal  law  whose  principal
16    business  office  is  located  outside  of  Illinois,  or any
17    subsidiary of an out-of-state savings and loan association or
18    federal savings and loan association whose principal business
19    office is located outside of Illinois; or (g) a credit  union
20    as   defined  in  the  Illinois  Credit  Union  Act,  or  any
21    subsidiary of  a  credit  union.    To  the  extent  that  an
22    affiliate of a financial institution that is not a subsidiary
23    of the financial institution conducts insurance activities on
24    behalf  of  or  on the premises of the financial institution,
25    such affiliate shall be deemed to be a financial  institution
26    for the purpose of such activities.
27        "Insurance"  means  all products defined and regulated as
28    insurance under the Illinois Insurance Code,  but  shall  not
29    include:  (a) credit life, credit accident and health, credit
30    involuntary unemployment, credit casualty and credit property
31    insurance; (b)  extended  service    contracts  and  warranty
32    agreements  (c)  insurance  obtained by the debtor to provide
33    payment for the difference between the remaining balance on a
34    loan or other extension of credit and the amount of insurance
                            -26-               LRB9002241JSgc
 1    coverage  on  the  collateral  securing  the  loan  or  other
 2    extension of credit;  (d) insurance  placed  by  a  financial
 3    institution  on  collateral used in connection with a loan or
 4    other  extension  of  credit  when  a  debtor  breaches   the
 5    contractual  obligation  to provide that insurance; (e) title
 6    insurance regulated by  the  Title  Insurance  Act;  and  (f)
 7    private mortgage insurance and financial guarantee insurance.
 8        (215 ILCS 5/1403 new)
 9        Sec.   1403.    Licensure   requirements   of   financial
10    institutions.
11        (a)  A   financial   institution   transacting  insurance
12    business in this State as an insurance agency shall  register
13    with  the  Director pursuant to Section 499.1 of the Illinois
14    Insurance Code and shall be subject to the laws,  rules,  and
15    regulations  of  this State for insurance agencies registered
16    pursuant to Section 499.1.  For the purposes of this Section,
17    a "financial institution" means the subsidiary of a financial
18    institution when the  financial  institution  is  transacting
19    insurance business in this State only through the subsidiary.
20    For  the  purposes  of Section 499.1, a financial institution
21    shall be deemed to be a corporation.
22        (b)  Insurance  business  transacted   by   a   financial
23    institution  as a registered firm shall be transacted only by
24    individuals who have  been  issued  an  insurance  producer's
25    license.
26        (215 ILCS 5/1404 new)
27        Sec.  1404.   Subsidiaries  or  divisions.   A  financial
28    institution   shall   not   qualify  for  registration  as  a
29    registered firm under Section 499.1 of the Illinois Insurance
30    Code unless: (1) it establishes a  separate  subsidiary  that
31    acts  as the registered firm or (2) it is otherwise permitted
32    by law to  sell  insurance  directly  through  the  financial
                            -27-               LRB9002241JSgc
 1    institution,  and  it  establishes a separate division within
 2    the financial institution to  conduct  the  business  of  the
 3    registered  firm.   The  subsidiary  or  division acting as a
 4    registered firm shall maintain separate records for insurance
 5    transactions that are distinguishable from the records of the
 6    financial institution.
 7        (215 ILCS 5/1405 new)
 8        Sec.  1405.    Extensions   of   credit.    A   financial
 9    institution  shall  not  delay  or impede the completion of a
10    loan  transaction  or  other   transactions   involving   the
11    extension   of  credit  for  the  purpose  of  influencing  a
12    customer's selection of any insurance product.
13        (215 ILCS 5/1406 new)
14        Sec.  1406.     Insurance   and   financial   institution
15    products.
16        (a)  No  financial institution may offer banking products
17    or services, or fix or vary the consideration of such  offer,
18    on  a  condition  or  requirement  that  the  customer obtain
19    insurance from the financial institution or any affiliate  of
20    the financial institution.
21        (b)  A financial institution that offers banking products
22    or  services in conformity with the provisions of Section 106
23    of the Bank Holding Company Act Amendments of 1970 (12 U.S.C.
24    Sec. 1972) shall be deemed  to  be  in  compliance  with  the
25    provisions of subsection (a) of this Section.
26        (c)  No   financial  institution  shall  require  that  a
27    customer or prospective customer of the financial institution
28    purchase an insurance product from any particular  registered
29    firm  or insurance producer as a condition for the lending of
30    money  or  extension  of   credit,   the   establishment   or
31    maintenance  of a checking, savings or other deposit account,
32    or the establishment or maintenance of a trust account.
                            -28-               LRB9002241JSgc
 1        (215 ILCS 5/1407 new)
 2        Sec. 1407.  Anti-rebating.  No financial institution  may
 3    rebate  an  insurance  product in violation of Section 151 of
 4    the Illinois Insurance Code.
 5        (215 ILCS 5/1408 new)
 6        Sec.  1408.   Discrimination  prohibited.   No  financial
 7    institution may:
 8        (1)  require as a condition of providing any  product  or
 9    service or renewal of any contract for providing such product
10    or  service  to  any  customer,  that  the  customer acquire,
11    finance, or negotiate any policy  or  contract  of  insurance
12    through   a   particular   insurer,  insurance  producer,  or
13    registered firm;
14        (2)  in connection with a loan  or  extension  of  credit
15    that  requires  a  borrower  to  obtain  insurance, reject an
16    insurance policy solely because the policy has been issued or
17    underwritten by any person who is  not  associated  with  the
18    financial institution;
19        (3)  impose   any   discriminatory   requirement  on  any
20    insurance producer who is not associated with  the  financial
21    institution that is not imposed on any insurance producer who
22    is associated with the financial institution; or
23        (4)  if  the  financial institution is a registered firm,
24    require any debtor, insurer, or insurance producer to  pay  a
25    separate  charge in connection with the handling of insurance
26    that is required under a contract, unless: (a) the  financial
27    institution  is  the registered firm providing the insurance,
28    (b) if the financial institution is not the  registered  firm
29    providing  the  insurance,  the  charge  would  be  uniformly
30    applied if the financial institution was the  registered firm
31    providing  the  insurance,  or  (c)  the  charge is otherwise
32    permitted by applicable State or federal law.
                            -29-               LRB9002241JSgc
 1        (215 ILCS 5/1409 new)
 2        Sec. 1409.  Disclosure.  A  financial  institution  shall
 3    clearly   and   conspicuously   disclose   in   any   written
 4    advertisement,    promotional   or   informational   material
 5    regarding an insurance product that  the  insurance  offered,
 6    recommended, sponsored or sold:
 7        (1)  is not a deposit;
 8        (2)  is  not  insured  by  the  Federal Deposit Insurance
 9    Corporation, or in  the  case  of  a  credit  union,  by  the
10    National Credit Union Share Insurance Fund;
11        (3)  is not guaranteed by the financial institution or an
12    affiliated insured depository institution; and
13        (4)  where   appropriate,   involves   investment   risk,
14    including potential loss of principal.
15        (215 ILCS 5/1410 new)
16        Sec.   1410.    Misleading   advertising.   No  financial
17    institution may employ any advertisement that  would  mislead
18    or  otherwise cause a reasonable person to believe mistakenly
19    that the State of Illinois or the United States government is
20    responsible  for  the insurance or annuities sales activities
21    of a financial institution or  stands  behind  the  financial
22    institution92s  credit, or that the State of Illinois or the
23    United States government guarantees any returns on  insurance
24    or  annuities  products  or  is  a  source  of payment of any
25    insurance or annuities obligation of or sold by the financial
26    institution, or that such insurance or annuities  product  is
27    insured, guaranteed, or approved by the United States, by any
28    agency   officer   thereof,  including  the  Federal  Deposit
29    Insurance Corporation, or by the State  of  Illinois  or  any
30    agency or officer thereof.
31        (215 ILCS 5/1411 new)
32        Sec.   1411.    Solicitations   to  loan  applicants.   A
                            -30-               LRB9002241JSgc
 1    financial institution that  requires  a  customer  to  obtain
 2    insurance  in  connection  with a loan or extension of credit
 3    and that offers such insurance either directly or through  an
 4    affiliate  shall  clearly disclose to the customer in writing
 5    that such insurance also may be  obtained  from  unaffiliated
 6    third  parties  that  sell  insurance and that the customer's
 7    choice of insurance provider will not  affect  the  financial
 8    institution's  credit decision or credit terms.  This Section
 9    shall not apply when a financial institution is contacting  a
10    customer in the course of direct or mass marketing to a group
11    of  persons  in  a  manner  that  bears  no  relation  to the
12    customer's loan application or credit decision.
13        (215 ILCS 5/1412 new)
14        Sec. 1412.  Commissions and compensation.   No  financial
15    institution   shall   pay,   directly   or   indirectly,  any
16    commission,  service  fee,  brokerage   or   other   valuable
17    consideration  to  any  person  for  services as an insurance
18    producer, temporary insurance producer or  limited  insurance
19    representative, or for such services by the person's members,
20    officers,  directors or employees, unless the person, and any
21    member,  officer,  director  or  employee   performing   such
22    service,   held  a  valid  license  regarding  the  class  of
23    insurance as to which such service was  rendered,  or  unless
24    the  person  was  a properly registered firm at the time such
25    service was  performed.   No  person,  other  than  a  person
26    properly  licensed  or  registered in accordance with Article
27    XXI of the Illinois Insurance Code at  the  time  the  person
28    performs   services   as  an  insurance  producer,  temporary
29    insurance producer or limited insurance representative, shall
30    accept  any  commission,  service  fee,  brokerage  or  other
31    valuable consideration for such services.  This Section shall
32    not prevent payment or receipt of:
33        (1)  renewal or other deferred commissions to or  by  any
                            -31-               LRB9002241JSgc
 1    person entitled thereto under this Section;
 2        (2)  fees  to  or by a financial institution or any other
 3    person for services that do not  require    licensure  as  an
 4    insurance  producer,  temporary  insurance  producer, limited
 5    insurance representative or registered firm; or
 6        (3)  consideration paid to a financial institution  by  a
 7    registered firm, insurance producer, insurance company or any
 8    other person pursuant to any lease agreement.
 9        (215 ILCS 5/1413 new)
10        Sec.   1413.    Physical   location.    To   the   extent
11    practicable,  a  financial  institution's  sale  of insurance
12    shall be in a location that is distinct  from  a  traditional
13    teller  window  or  common  teller  area.  The involvement of
14    tellers and any persons not licensed as  insurance  producers
15    shall   be   limited  to  referring  customers  to  insurance
16    producers.
17        (215 ILCS 5/1414 new)
18        Sec. 1414.  Signage.  Signs concerning  the  availability
19    of insurance products offered by the financial institution or
20    any registered firm that are displayed in the same area where
21    applications  for  loans  or  other  extensions of credit are
22    being taken or closed shall include the disclosure set  forth
23    in Section 1411 of this Article.
24        (215 ILCS 5/1415 new)
25        Sec. 1415.  Customer records.
26        (a)  A  financial  institution  that is a registered firm
27    may not release a customer's  insurance  information  to  any
28    person  other  than  an officer, director, employee, agent or
29    affiliate of the financial institution  without  the  written
30    consent  of the customer.   For the purposes of this Section,
31    "insurance  information"  means  information  concerning  the
                            -32-               LRB9002241JSgc
 1    premiums,  terms  and  conditions  of   insurance   coverage,
 2    insurance   claims  and  insurance  history  of  a  customer,
 3    contained in the financial institution's records.
 4        (b)  Subsection  (a)  shall  not  apply  to:  (1)  names,
 5    addresses and telephone numbers derived in  any  manner  from
 6    the  financial  institution's  records, or (2) the release of
 7    insurance information as otherwise  authorized  by  State  or
 8    federal law.
 9        (215 ILCS 5/1416 new)
10        Sec. 1416.  Penalties.
11        (a)  A  violation  of any provision of this Article shall
12    be subject to subsection (6) of Section 401.1 of the Illinois
13    Insurance Code.
14        (b)  A violation of any provision of this  Article  shall
15    not  be  used  as  a defense by any person in any action by a
16    financial institution to recover the amount owing on any loan
17    or extension of credit.
18        (215 ILCS 5/1417 new)
19        Sec.  1417.   Application  of   Article.    A   financial
20    institution  transacting  an insurance business in this State
21    prior to the effective date of this amendatory  Act  of  1997
22    shall  comply  with  the  provisions  of Sections 1404, 1409,
23    1411, 1413, and 1414 as soon as  practicable,  but  no  later
24    than 180 days after the effective date of this amendatory Act
25    of 1997.
26        Section  35.   The  provisions  of this amendatory Act of
27    1997 and the changes made to existing statutory law  by  this
28    amendatory  Act  of  1997 are severable under Section 1.31 of
29    the Statute on Statutes.
30        Section 99.  Effective date.  This Act takes effect  upon
                            -33-               LRB9002241JSgc
 1    becoming law.
                            -34-               LRB9002241JSgc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    205 ILCS 5/5              from Ch. 17, par. 311
 4    205 ILCS 5/48.2           from Ch. 17, par. 360.1
 5    205 ILCS 105/1-6          from Ch. 17, par. 3301-6
 6    205 ILCS 205/1008         from Ch. 17, par. 7301-8
 7    205 ILCS 305/13           from Ch. 17, par. 4414
 8    205 ILCS 305/55           from Ch. 17, par. 4456
 9    205 ILCS 620/1-6          from Ch. 17, par. 1551-6
10    215 ILCS 5/499.1          from Ch. 73, par. 1065.46-1
11    215 ILCS 5/Article heading new
12    215 ILCS 5/1400 new
13    215 ILCS 5/1401 new
14    215 ILCS 5/1402 new
15    215 ILCS 5/1403 new
16    215 ILCS 5/1404 new
17    215 ILCS 5/1405 new
18    215 ILCS 5/1406 new
19    215 ILCS 5/1407 new
20    215 ILCS 5/1408 new
21    215 ILCS 5/1409 new
22    215 ILCS 5/1410 new
23    215 ILCS 5/1411 new
24    215 ILCS 5/1412 new
25    215 ILCS 5/1413 new
26    215 ILCS 5/1414 new
27    215 ILCS 5/1415 new
28    215 ILCS 5/1416 new
29    215 ILCS 5/1417 new

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