Public Act 097-1111
 
HB5033 EnrolledLRB097 18780 PJG 64016 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Currency Exchange Act is amended by changing
Sections 3.3 and 4 as follows:
 
    (205 ILCS 405/3.3)  (from Ch. 17, par. 4807)
    Sec. 3.3. Additional public services.
    (a) Nothing in this Act shall prevent the Secretary from
authorizing a currency exchange, group of currency exchanges,
or association of currency exchanges to render additional
services to the public if the services are consistent with the
provisions of this Act, are within its meaning, are in the best
interest of the public, and benefit the general welfare. A
currency exchange, group of currency exchanges, or association
of currency exchanges must request, in writing, the Secretary's
approval of the additional service prior to rendering such
additional service to the public. Any approval under this
Section shall be deemed an approval for all currency exchanges.
Any currency exchange wishing to provide an additional service
previously as approved by the Secretary must provide written
notice, on a form provided by the Department and available on
its website, to the Secretary 30 days prior to offering the
approved additional service to the public. The Secretary may
charge an additional service investigation fee of $500 per
application for a new additional service request. The
additional service request shall be on a form provided by the
Department and available on the Department's website. Within 15
days after receipt by the Department of an additional service
request, the Secretary shall examine the additional service
request for completeness and notify the requester of any
defect. The requester must remedy the defect within 10 days
after the mailing of the notification of the defect by the
Secretary. Failure to remedy the defect within such time will
void the additional service request. If the Secretary
determines that the additional service request is complete, the
Secretary shall have 60 business days to approve or deny the
additional service request. If the additional service request
is denied, the Secretary shall send by United States mail
notice of the denial to the requester at the address set forth
in the additional service request. If an additional service
request is denied, the requester may, within 10 days after
receipt of the denial, make a written request to the Secretary
for a hearing on the additional service request denial. The
hearing shall be set for a date after the receipt by the
Secretary of the request for a hearing, and written notice of
the time and place of the hearing shall be mailed to the
requester no later than 15 days before the date of the hearing.
The hearing shall be scheduled for a date within 56 days after
the date of the receipt of the request for a hearing. The
requester shall pay the actual cost of making the transcript of
the hearing prior to the Secretary's issuing his or her
decision following the hearing. If the Secretary denies the
request for a new additional service, a currency exchange shall
not offer the new additional service until a final
administrative order has been entered permitting a currency
exchange to offer the service. The Secretary's decision may be
subject to review as provided in Section 22.01 of this Act. If
the Secretary revokes a previously approved authorization for
an additional service request, the Secretary shall provide
written notice to all affected currency exchange licensees.
Upon receipt of the revocation notice, a currency exchange
licensee, group of currency exchange licensees, or association
of currency exchanges shall have 10 days to make a written
request to the Secretary for a hearing, and the Department
shall have 30 business days to schedule a future hearing.
Written notice of the time and place of the hearing shall be
mailed to the licensee no later than 10 business days before
the date of the hearing. The licensee shall pay the actual cost
of making the transcript prior to the Secretary's issuing his
or her decision following the hearing. The Secretary's decision
is subject to review as provided in Section 22.01 of this Act.
The Secretary may, at his or her discretion, revoke any
authorization under this Section on 60 days written notice to
the currency exchange.
    (b) (Blank).
    (c) If the Secretary revokes authorization for a previously
approved additional service, the currency exchange may
continue to offer the additional service until a final
administrative order has been entered revoking the licensee's
previously approved authorization.
(Source: P.A. 97-315, eff. 1-1-12.)
 
    (205 ILCS 405/4)  (from Ch. 17, par. 4808)
    Sec. 4. License application; contents; fees. Application
for such license shall be in writing under oath and in the form
prescribed and furnished by the Secretary. Each application
shall contain the following:
        (a) The full name and address (both of residence and
    place of business) of the applicant, and if the applicant
    is a partnership, limited liability company, or
    association, of every member thereof, and the name and
    business address if the applicant is a corporation;
        (b) The county and municipality, with street and
    number, if any, where the community currency exchange is to
    be conducted, if the application is for a community
    currency exchange license;
        (c) If the application is for an ambulatory currency
    exchange license, the name and address of the employer at
    each location to be served by it; and
        (d) The applicant's occupation or profession; a
    detailed statement of the applicant's his business
    experience for the 10 years immediately preceding the his
    application; a detailed statement of the applicant's his
    finances; the applicant's his present or previous
    connection with any other currency exchange; whether the
    applicant he has ever been involved in any civil or
    criminal litigation, and the material facts pertaining
    thereto; whether the applicant he has ever been committed
    to any penal institution or admitted to an institution for
    the care and treatment of mentally ill persons; and the
    nature of applicant's occupancy of the premises to be
    licensed where the application is for a community currency
    exchange license. If the applicant is a partnership, the
    information specified herein shall be required of each
    partner. If the applicant is a corporation, the said
    information shall be required of each officer, director and
    stockholder thereof along with disclosure of their
    ownership interests. If the applicant is a limited
    liability company, the information required by this
    Section shall be provided with respect to each member and
    manager along with disclosure of their ownership
    interests.
    A community currency exchange license application shall be
accompanied by a fee of $500, prior to January 1, 2012. After
January 1, 2012 the fee shall be $750. After January 1, 2014
the fee shall be $1,000. for the cost of investigating the
applicant. If the ownership of a licensee changes, in whole or
in part, a new application must be filed pursuant to this
Section along with a $500 fee if the licensee's ownership
interests have been transferred or sold to a new person or
entity or a fee of $300 if the licensee's ownership interests
have been transferred or sold to a current holder or holders of
the licensee's ownership interests. When the application for a
community currency exchange license has been approved by the
Secretary and the applicant so advised, an additional sum of
$400 as an annual license fee for a period terminating on the
last day of the current calendar year shall be paid to the
Secretary by the applicant; provided, that the license fee for
an applicant applying for such a license after July 1st of any
year shall be $200 for the balance of such year. Upon receipt
of a community currency exchange license application, the
Secretary shall examine the application for completeness and
notify the applicant in writing of any defect within 20 days
after receipt. The applicant must remedy the defect within 10
days after the mailing of the notification of the defect by the
Secretary. Failure to timely remedy the defect will void the
application. Once the Secretary determines that the
application is complete, the Secretary shall have 90 business
days to approve or deny the application. If the application is
denied, the Secretary shall send by United States mail notice
of the denial to the applicant at the address set forth in the
application. If an application is denied, the applicant may,
within 10 days after the date of the notice of denial, make a
written request to the Secretary for a hearing on the
application. The hearing shall be set for a date after the
receipt by the Secretary of the request for a hearing, and
written notice of the time and place of the hearing shall be
mailed to the applicant no later than 15 days before the date
of the hearing. The hearing shall be scheduled for a date
within 56 days after the date of the receipt of the request for
a hearing. The applicant shall pay the actual cost of making
the transcript of the hearing prior to the Secretary's issuing
his or her decision. The Secretary's decision is subject to
review as provided in Section 22.01 of this Act.
    An application for an ambulatory currency exchange license
shall be accompanied by a fee of $100, which fee shall be for
the cost of investigating the applicant. An approved applicant
shall not be required to pay the initial investigation fee of
$100 more than once. When the application for an ambulatory
currency exchange license has been approved by the Secretary,
and such applicant so advised, such applicant shall pay an
annual license fee of $25 for each and every location to be
served by such applicant; provided that such license fee for an
approved applicant applying for such a license after July 1st
of any year shall be $12 for the balance of such year for each
and every location to be served by such applicant. Such an
approved applicant for an ambulatory currency exchange
license, when applying for a license with respect to a
particular location, shall file with the Secretary, at the time
of filing an application, a letter of memorandum, which shall
be in writing and under oath, signed by the owner or authorized
representative of the business whose employees are to be
served; such letter or memorandum shall contain a statement
that such service is desired, and that the person signing the
same is authorized so to do. The Secretary shall thereupon
verify the authenticity of the letter or memorandum and the
authority of the person who executed it, to do so.
    The Department shall have 45 business days to approve or
deny a currency exchange licensee's request to purchase another
currency exchange.
(Source: P.A. 97-315, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2012