Illinois 103rd Regular Session Status: Enacted 4 D cosponsors

SB 3412 — UNIFORM MONEY TRANSMISSION ACT

Last action — Public Act . . . . . . . . . 103-0991

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2024. Enacted.

Signed by Governor JB Pritzker (Democratic) on August 09, 2024.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    2 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Uniform Money Transmission Modernization Act. Provides that the provisions supersede the Transmitters of Money Act. Provides that a person may not engage in the business of money transmission or advertise, solicit, or hold oneself out as providing money transmission unless the person is licensed under the Act. Sets forth provisions concerning the purpose of the Act; definitions; money transmission licenses; license application; license renewal; acquisition of control and change of key individuals; reporting and records; authorized delegates of a licensee; timely transmission, refunds, and disclosures; confidentiality of records; required reports; prudential standards; and enforcement. Makes conforming changes in the Freedom of Information Act and the State Finance Act. Provides that the Transmitters of Money Act is repealed on January 1, 2026. Makes other changes. Effective immediately, except that the changes to the Transmitters of Money Act take effect January 1, 2026.

Bill Text

What changed in the latest version

2565 added · 2568 removed

Plain-language change summary

The latest version of Bill SB 3412 has clarified what it means for payroll processing services to be considered as occurring "in this State." Now, this term specifically refers to the mailing address a person uses with the Internal Revenue Service, as long as that address is in Illinois. Additionally, the description of "money" has been streamlined to simply refer to a medium of exchange authorized by the U.S. or foreign governments, removing additional details about its usage. These changes are important because they help ensure that the law is clearer and easier to understand for those dealing with payroll services and financial transactions in Illinois.

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SB3412 Engrossed LRB103 35570 RPS 65642 b AN ACT concerning regulation.
SB3412 Enrolled LRB103 35570 RPS 65642 b AN ACT concerning regulation.
SB3412 Engrossed - 2 - LRB103 35570 RPS 65642 b (b) The provisions of this Act shall be liberally construed to effectuate its purposes.
SB3412 Enrolled - 2 - LRB103 35570 RPS 65642 b (b) The provisions of this Act shall be liberally construed to effectuate its purposes.
SB3412 Engrossed - 3 - LRB103 35570 RPS 65642 b "Closed loop stored value" means stored value that is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value.
SB3412 Enrolled - 3 - LRB103 35570 RPS 65642 b "Closed loop stored value" means stored value that is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value.
SB3412 Engrossed - 4 - LRB103 35570 RPS 65642 b "Division" means the Division of Financial Institutions of the Department of Financial and Professional Regulation.
SB3412 Enrolled - 4 - LRB103 35570 RPS 65642 b "Division" means the Division of Financial Institutions of the Department of Financial and Professional Regulation.
"Federally insured depository financial institution" means a bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or industrial loan company organized under the laws of the United States or any state of the United States, if the bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or SB3412 Engrossed - 5 - LRB103 35570 RPS 65642 b industrial loan company has federally insured deposits.
"Federally insured depository financial institution" means a bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or industrial loan company organized under the laws of the United States or any state of the United States, if the bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank, or SB3412 Enrolled - 5 - LRB103 35570 RPS 65642 b industrial loan company has federally insured deposits.
Solely for purposes of payroll processing services, "in this State" for a transaction requested electronically or by phone, means the mailing address the person requesting the payroll processing services uses with the Internal Revenue Service is in Illinois.
"Material litigation" means litigation, that according to United States generally accepted accounting principles, is significant to a person's financial health and would be required to be disclosed in the person's annual audited financial statements, report to shareholders, or similar records.
"Material litigation" means litigation, that according to United States generally accepted accounting principles, is significant to a person's financial health and would be SB3412 Enrolled - 6 - LRB103 35570 RPS 65642 b required to be disclosed in the person's annual audited financial statements, report to shareholders, or similar records.
"Money" means a medium of exchange that is authorized or SB3412 Engrossed - 6 - LRB103 35570 RPS 65642 b adopted by the United States or a foreign government as part of its currency and that is customarily used and accepted as a medium of exchange in the country of issuance.
"Money" means a medium of exchange that is authorized or adopted by the United States or a foreign government as part of its currency and that is customarily used and accepted as a medium of exchange in the country of issuance.
"MSB accredited state agency" means a state agency that is accredited by the Conference of State Bank Supervisors and Money Transmitter Regulators Association for money transmission licensing and supervision.
"MSB accredited state agency" means a state agency that is accredited by the Conference of State Bank Supervisors and SB3412 Enrolled - 7 - LRB103 35570 RPS 65642 b Money Transmitter Regulators Association for money transmission licensing and supervision.
"Multistate licensing process" means any agreement entered into by and among state regulators relating to coordinated SB3412 Engrossed - 7 - LRB103 35570 RPS 65642 b processing of applications for money transmission licenses, applications for the acquisition of control of a licensee, control determinations, or notice and information requirements for a change of key individuals.
"Multistate licensing process" means any agreement entered into by and among state regulators relating to coordinated processing of applications for money transmission licenses, applications for the acquisition of control of a licensee, control determinations, or notice and information requirements for a change of key individuals.
or (2) Any money received for transmission by the licensee or an authorized delegate in the United States from a person located in the United States that has not been received by the payee, refunded to the sender, or escheated in accordance with applicable abandoned property laws.
or (2) Any money received for transmission by the licensee or an authorized delegate in the United States SB3412 Enrolled - 8 - LRB103 35570 RPS 65642 b from a person located in the United States that has not been received by the payee, refunded to the sender, or escheated in accordance with applicable abandoned property laws.
SB3412 Engrossed - 8 - LRB103 35570 RPS 65642 b For purposes of this definition, "in the United States" includes, to the extent applicable, a person in any state, territory, or possession of the United States;
For purposes of this definition, "in the United States" includes, to the extent applicable, a person in any state, territory, or possession of the United States;
"Payment instrument" means a written or electronic check, draft, money order, traveler's check, or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable.
SB3412 Enrolled - 9 - LRB103 35570 RPS 65642 b "Payment instrument" means a written or electronic check, draft, money order, traveler's check, or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable.
"Payment SB3412 Engrossed - 9 - LRB103 35570 RPS 65642 b instrument" does not include stored value or any instrument that (1) is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value;
"Payment instrument" does not include stored value or any instrument that (1) is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value;
"Receiving money for transmission" or "money received for transmission" means receiving money or monetary value in the United States for transmission within or outside the United States by electronic or other means.
"Receiving money for transmission" or "money received for transmission" means receiving money or monetary value in the United States for transmission within or outside the United SB3412 Enrolled - 10 - LRB103 35570 RPS 65642 b States by electronic or other means.
SB3412 Engrossed - 10 - LRB103 35570 RPS 65642 b "Stored value" means monetary value representing a claim against the issuer evidenced by an electronic or digital record, and that is intended and accepted for use as a means of redemption for money or monetary value, or payment for goods or services.
"Stored value" means monetary value representing a claim against the issuer evidenced by an electronic or digital record, and that is intended and accepted for use as a means of redemption for money or monetary value, or payment for goods or services.
(1) An operator of a payment system to the extent that it provides processing, clearing, or settlement services, between or among persons exempted by this Section or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearinghouse transfers, or similar funds transfers.
(1) An operator of a payment system to the extent that it provides processing, clearing, or settlement services, between or among persons exempted by this Section or licensees, in SB3412 Enrolled - 11 - LRB103 35570 RPS 65642 b connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearinghouse transfers, or similar funds transfers.
(2) A person appointed as an agent of a payee to collect SB3412 Engrossed - 11 - LRB103 35570 RPS 65642 b and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee, if:
(2) A person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee, if:
and (C) bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient.
and (C) bears sole responsibility to satisfy the SB3412 Enrolled - 12 - LRB103 35570 RPS 65642 b outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient.
SB3412 Engrossed - 12 - LRB103 35570 RPS 65642 b (4) The United States or a department, agency, or instrumentality thereof, or its agent.
(4) The United States or a department, agency, or instrumentality thereof, or its agent.
(9) A board of trade designated as a contract market under the federal Commodity Exchange Act, 7 U.S.C.
SB3412 Enrolled - 13 - LRB103 35570 RPS 65642 b (9) A board of trade designated as a contract market under the federal Commodity Exchange Act, 7 U.S.C.
Sections 1 through 25, as amended or recodified from time to time, or a person that, in the ordinary course of business, provides SB3412 Engrossed - 13 - LRB103 35570 RPS 65642 b clearance and settlement services for a board of trade to the extent of its operation as or for such a board.
Sections 1 through 25, as amended or recodified from time to time, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board.
and (B) the exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon SB3412 Engrossed - 14 - LRB103 35570 RPS 65642 b receipt of the purchaser's or holder's money or monetary value by the service provider or agent.
and SB3412 Enrolled - 14 - LRB103 35570 RPS 65642 b (B) the exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent.
ARTICLE IV.
SB3412 Enrolled - 15 - LRB103 35570 RPS 65642 b ARTICLE IV.
Implementation, Confidentiality, Supervision & Relationship to Federal Law SB3412 Engrossed - 15 - LRB103 35570 RPS 65642 b Section 4-1.
Implementation, Confidentiality, Supervision & Relationship to Federal Law Section 4-1.
(b) The Department shall have the broad administrative authority to administer, interpret and enforce this Act, and adopt rules or regulations implementing this Act and to recover the cost of administering and enforcing this Act by SB3412 Engrossed - 16 - LRB103 35570 RPS 65642 b imposing and collecting proportionate and equitable fees and costs associated with applications, examinations, investigations, and other actions required to achieve the purpose of this Act.
SB3412 Enrolled - 16 - LRB103 35570 RPS 65642 b (b) The Department shall have the broad administrative authority to administer, interpret and enforce this Act, and adopt rules or regulations implementing this Act and to recover the cost of administering and enforcing this Act by imposing and collecting proportionate and equitable fees and costs associated with applications, examinations, investigations, and other actions required to achieve the purpose of this Act.
(a) Except as otherwise provided in this Section, all information or reports obtained by the Secretary from an applicant, licensee, or authorized delegate, and all information contained in or related to an examination, investigation, operating report, or condition report prepared SB3412 Engrossed - 17 - LRB103 35570 RPS 65642 b by, on behalf of, or for the use of the Secretary, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under the Freedom of Information Act.
(a) Except as otherwise provided in this Section, all SB3412 Enrolled - 17 - LRB103 35570 RPS 65642 b information or reports obtained by the Secretary from an applicant, licensee, or authorized delegate, and all information contained in or related to an examination, investigation, operating report, or condition report prepared by, on behalf of, or for the use of the Secretary, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under the Freedom of Information Act.
(3) the name, business address, and telephone number of all authorized delegates;
SB3412 Enrolled - 18 - LRB103 35570 RPS 65642 b (3) the name, business address, and telephone number of all authorized delegates;
(4) the terms of or a copy of any bond filed by a licensee, if confidential information, including, but not SB3412 Engrossed - 18 - LRB103 35570 RPS 65642 b limited to, prices and fees, for such bond is redacted;
(4) the terms of or a copy of any bond filed by a licensee, if confidential information, including, but not limited to, prices and fees, for such bond is redacted;
(2) conduct an examination in conjunction with an examination conducted by representatives of other state agencies or agencies of another state or of the federal government;
(2) conduct an examination in conjunction with an SB3412 Enrolled - 19 - LRB103 35570 RPS 65642 b examination conducted by representatives of other state agencies or agencies of another state or of the federal government;
(3) accept the examination report of another state SB3412 Engrossed - 19 - LRB103 35570 RPS 65642 b agency or an agency of another state or of the federal government, or a report prepared by an independent accounting firm, which on being accepted is considered for all purposes as an official report of the Secretary;
(3) accept the examination report of another state agency or an agency of another state or of the federal government, or a report prepared by an independent accounting firm, which on being accepted is considered for all purposes as an official report of the Secretary;
Section 4-4.
SB3412 Enrolled - 20 - LRB103 35570 RPS 65642 b Section 4-4.
(a) To efficiently and effectively administer and enforce this Act and to minimize regulatory burden, the Secretary is authorized and encouraged to participate in multistate SB3412 Engrossed - 20 - LRB103 35570 RPS 65642 b supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, Money Transmitter Regulators Association, and affiliates and successors thereof for all licensees that hold licenses in this State and other states.
(a) To efficiently and effectively administer and enforce this Act and to minimize regulatory burden, the Secretary is authorized and encouraged to participate in multistate supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, Money Transmitter Regulators Association, and affiliates and successors thereof for all licensees that hold licenses in this State and other states.
(b) The Secretary may not waive, and nothing in this Section constitutes a waiver of, the Secretary's authority to conduct an examination or investigation or otherwise take independent action authorized by this Act or a rule adopted or order issued under this Act to enforce compliance with applicable state or federal law.
(b) The Secretary may not waive, and nothing in this Section constitutes a waiver of, the Secretary's authority to conduct an examination or investigation or otherwise take SB3412 Enrolled - 21 - LRB103 35570 RPS 65642 b independent action authorized by this Act or a rule adopted or order issued under this Act to enforce compliance with applicable state or federal law.
(c) A joint examination or investigation, or acceptance of SB3412 Engrossed - 21 - LRB103 35570 RPS 65642 b an examination or investigation report, does not waive an examination assessment provided for in this Act.
(c) A joint examination or investigation, or acceptance of an examination or investigation report, does not waive an examination assessment provided for in this Act.
(a) A person may not engage in the business of money transmission or advertise, solicit, or hold oneself out as providing money transmission unless the person is licensed under this Act.
(a) A person may not engage in the business of money transmission or advertise, solicit, or hold oneself out as providing money transmission unless the person is licensed SB3412 Enrolled - 22 - LRB103 35570 RPS 65642 b under this Act.
(1) A person who is an authorized delegate of a person licensed under this Act acting within the scope of SB3412 Engrossed - 22 - LRB103 35570 RPS 65642 b authority conferred by a written contract with the licensee;
(1) A person who is an authorized delegate of a person licensed under this Act acting within the scope of authority conferred by a written contract with the licensee;
(1) collect and maintain records;
SB3412 Enrolled - 23 - LRB103 35570 RPS 65642 b (1) collect and maintain records;
and SB3412 Engrossed - 23 - LRB103 35570 RPS 65642 b (4) facilitate communication between this State and licensees or other persons subject to this Act.
and (4) facilitate communication between this State and licensees or other persons subject to this Act.
Section 5-3.
SB3412 Enrolled - 24 - LRB103 35570 RPS 65642 b Section 5-3.
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Each such form shall contain content as set forth by rule, regulation, instruction SB3412 Engrossed - 24 - LRB103 35570 RPS 65642 b or procedure of the Secretary and may be changed or updated by the Secretary in accordance with applicable law in order to carry out the purposes of this Act and maintain consistency with NMLS licensing standards and practices.
Each such form shall contain content as set forth by rule, regulation, instruction or procedure of the Secretary and may be changed or updated by the Secretary in accordance with applicable law in order to carry out the purposes of this Act and maintain consistency with NMLS licensing standards and practices.
(5) a list of other states in which the applicant is licensed to engage in money transmission and any license revocations, suspensions, or other disciplinary action taken against the applicant in another state;
(5) a list of other states in which the applicant is licensed to engage in money transmission and any license revocations, suspensions, or other disciplinary action SB3412 Enrolled - 25 - LRB103 35570 RPS 65642 b taken against the applicant in another state;
SB3412 Engrossed - 25 - LRB103 35570 RPS 65642 b (7) a sample form of contract for authorized delegates, if applicable;
(7) a sample form of contract for authorized delegates, if applicable;
(4) the legal name, any fictitious or trade name, all business and residential addresses, and the employment, as applicable, in the 10-year period preceding the submission of the application of each key individual and person in SB3412 Engrossed - 26 - LRB103 35570 RPS 65642 b control of the applicant;
SB3412 Enrolled - 26 - LRB103 35570 RPS 65642 b (4) the legal name, any fictitious or trade name, all business and residential addresses, and the employment, as applicable, in the 10-year period preceding the submission of the application of each key individual and person in control of the applicant;
(A) a corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation's most recent report filed under Section 13 of the federal Securities Exchange Act of 1934, 15 U.S.C.
(A) a corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation's most recent report filed under Section 13 of the federal Securities SB3412 Enrolled - 27 - LRB103 35570 RPS 65642 b Exchange Act of 1934, 15 U.S.C.
or (B) a corporation publicly traded outside the United States, a copy of similar documentation filed SB3412 Engrossed - 27 - LRB103 35570 RPS 65642 b with the regulator of the parent corporation's domicile outside the United States;
or (B) a corporation publicly traded outside the United States, a copy of similar documentation filed with the regulator of the parent corporation's domicile outside the United States;
(1) The individual's fingerprints for submission to the Federal Bureau of Investigation and the Secretary for purposes of a national criminal history background check unless the person currently resides outside of the United States and has resided outside of the United States for the last 10 years.
(1) The individual's fingerprints for submission to the Federal Bureau of Investigation and the Secretary for SB3412 Enrolled - 28 - LRB103 35570 RPS 65642 b purposes of a national criminal history background check unless the person currently resides outside of the United States and has resided outside of the United States for the last 10 years.
SB3412 Engrossed - 28 - LRB103 35570 RPS 65642 b (2) Personal history and experience in a form and in a medium prescribed by the Secretary, to obtain the following:
(2) Personal history and experience in a form and in a medium prescribed by the Secretary, to obtain the following:
(A) demonstrate that it has sufficient knowledge, resources, and employs accepted and reasonable methodologies to conduct the research of the background report;
(A) demonstrate that it has sufficient knowledge, resources, and employs accepted and reasonable methodologies to conduct the research of the SB3412 Enrolled - 29 - LRB103 35570 RPS 65642 b background report;
(2) At a minimum, the investigative background report SB3412 Engrossed - 29 - LRB103 35570 RPS 65642 b shall be written in the English language and shall contain the following:
(2) At a minimum, the investigative background report shall be written in the English language and shall contain the following:
and (E) financial services-related regulatory history, including, but not limited to, money transmission, securities, banking, insurance, and mortgage related industries.
and (E) financial services-related regulatory history, including, but not limited to, money transmission, SB3412 Enrolled - 30 - LRB103 35570 RPS 65642 b securities, banking, insurance, and mortgage related industries.
SB3412 Engrossed - 30 - LRB103 35570 RPS 65642 b (a) When an application for an original license under this Act appears to include all the items and addresses of all of the matters that are required, the application is complete and the Secretary shall promptly notify the applicant in a record of the date on which the application is determined to be complete, and:
(a) When an application for an original license under this Act appears to include all the items and addresses of all of the matters that are required, the application is complete and the Secretary shall promptly notify the applicant in a record of the date on which the application is determined to be complete, and:
(b) A determination by the Secretary that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items, including the Criminal Background Check response from the FBI, and address all of the matters that are required, and is not an assessment of the substance of the application or of the sufficiency of the information provided.
(b) A determination by the Secretary that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items, including the Criminal Background Check response from the FBI, and address all of the matters that are required, and is not an assessment of the substance of the application or of the SB3412 Enrolled - 31 - LRB103 35570 RPS 65642 b sufficiency of the information provided.
(c) When an application is filed and considered complete under this Section, the Secretary shall investigate the applicant's financial condition and responsibility, financial SB3412 Engrossed - 31 - LRB103 35570 RPS 65642 b and business experience, character, and general fitness.
(c) When an application is filed and considered complete under this Section, the Secretary shall investigate the applicant's financial condition and responsibility, financial and business experience, character, and general fitness.
or (2) if Illinois is a lead investigative state, the Secretary is authorized and encouraged to investigate the applicant pursuant to subsection (c) and the timeframes established by agreement through the multistate licensing SB3412 Engrossed - 32 - LRB103 35570 RPS 65642 b process, however, in no case shall such timeframe be noncompliant with the application period in paragraph (1) of subsection (a).
or SB3412 Enrolled - 32 - LRB103 35570 RPS 65642 b (2) if Illinois is a lead investigative state, the Secretary is authorized and encouraged to investigate the applicant pursuant to subsection (c) and the timeframes established by agreement through the multistate licensing process, however, in no case shall such timeframe be noncompliant with the application period in paragraph (1) of subsection (a).
(f) The initial license term shall begin on the day that the application is approved.
(f) The initial license term shall begin on the day that SB3412 Enrolled - 33 - LRB103 35570 RPS 65642 b the application is approved.
The license shall expire on December 31 of the year in which the license term began, unless the initial license date is between November 1 and December 31, in which instance the initial license term shall run SB3412 Engrossed - 33 - LRB103 35570 RPS 65642 b through December 31 of the following year.
The license shall expire on December 31 of the year in which the license term began, unless the initial license date is between November 1 and December 31, in which instance the initial license term shall run through December 31 of the following year.
At a minimum, the renewal report must state or contain a description of each material change in information submitted by the licensee in its original license application which has not been reported to the Secretary and a statement of the dollar amount and number of money transmissions and payment instruments sold, issued, exchanged, or transmitted in this State by the licensee and its authorized delegate for the past 4 completed calendar quarters.
At a minimum, the renewal report must state or contain a description of each material change in information submitted by the licensee in its original license application which has not been reported to the Secretary and a statement of the dollar amount and number of money transmissions and payment instruments sold, issued, exchanged, or transmitted in this State by the licensee and its authorized delegates for the past 4 completed calendar quarters.
(d) The Secretary, in his or her discretion, may grant an extension of the renewal date.
SB3412 Enrolled - 34 - LRB103 35570 RPS 65642 b (d) The Secretary, in his or her discretion, may grant an extension of the renewal date.
(e) The Secretary is authorized and encouraged to use NMLS to process license renewals if such functionality is SB3412 Engrossed - 34 - LRB103 35570 RPS 65642 b consistent with this Section.
(e) The Secretary is authorized and encouraged to use NMLS to process license renewals if such functionality is consistent with this Section.
Section 5-7.
SB3412 Enrolled - 35 - LRB103 35570 RPS 65642 b Section 5-7.
(a) If a licensee does not continue to meet the qualifications or satisfy the requirements that apply to an applicant for a new money transmission license, the Secretary SB3412 Engrossed - 35 - LRB103 35570 RPS 65642 b may suspend or revoke the licensee's license in accordance with the procedures established by this Act or other applicable State law for such suspension or revocation.
(a) If a licensee does not continue to meet the qualifications or satisfy the requirements that apply to an applicant for a new money transmission license, the Secretary may suspend or revoke the licensee's license in accordance with the procedures established by this Act or other applicable State law for such suspension or revocation.
(b) The Secretary shall charge and collect fees, which shall be nonrefundable unless otherwise indicated, in accordance with 38 Ill.
(b) The Secretary shall charge and collect fees, which shall be nonrefundable unless otherwise indicated.
SB3412 Enrolled - 36 - LRB103 35570 RPS 65642 b (c) All fees currently assessed in accordance with 38 Ill.
Code 205.35.
(c) All fees currently assessed in accordance with 38 Ill.
Adm.
Except for money required to be SB3412 Engrossed - 36 - LRB103 35570 RPS 65642 b deposited into the TOMA Consumer Protection Fund pursuant to this Act, all moneys received by the Department shall be deposited into the Financial Institution Fund.
Except for money required to be deposited into the TOMA Consumer Protection Fund pursuant to this Act, all moneys received by the Department shall be deposited into the Financial Institution Fund.
An individual is not deemed to acquire control of a licensee and is not subject to this Section when that individual becomes a key individual in the ordinary course of business.
An individual is not deemed to acquire control of a licensee and is not subject to this Section when that individual becomes a SB3412 Enrolled - 37 - LRB103 35570 RPS 65642 b key individual in the ordinary course of business.
(b) A person, or group of persons acting in concert, seeking to acquire control of a licensee shall, in cooperation SB3412 Engrossed - 37 - LRB103 35570 RPS 65642 b with the licensee:
(b) A person, or group of persons acting in concert, seeking to acquire control of a licensee shall, in cooperation with the licensee:
or (2) if the application is not approved or denied within 60 days after the completion date or any extension thereof:
or (2) if the application is not approved or denied within 60 days after the completion date or any extension SB3412 Enrolled - 38 - LRB103 35570 RPS 65642 b thereof:
and (B) the person, or group of persons acting in SB3412 Engrossed - 38 - LRB103 35570 RPS 65642 b concert, are not prohibited from acquiring control.
and (B) the person, or group of persons acting in concert, are not prohibited from acquiring control.
and the competence, experience, character, and general fitness of the key individuals and persons that would be in control of the licensee after the acquisition of control indicate that it is in the interest of the public to permit the person, or group of persons acting in concert, to control SB3412 Engrossed - 39 - LRB103 35570 RPS 65642 b the licensee.
and the competence, experience, character, and general fitness of the key individuals and persons that would be in control SB3412 Enrolled - 39 - LRB103 35570 RPS 65642 b of the licensee after the acquisition of control indicate that it is in the interest of the public to permit the person, or group of persons acting in concert, to control the licensee.
An applicant whose application is denied by the Secretary under this subsection (i) may submit a written request for hearing which shall include the particular reasons why the applicant believes that the decision to deny the application was incorrect, within 10 days after service of the notice of denial.
An applicant whose application is denied by the Secretary under this subsection (i) may submit a written request for hearing which shall include the particular SB3412 Enrolled - 40 - LRB103 35570 RPS 65642 b reasons why the applicant believes that the decision to deny the application was incorrect, within 10 days after service of the notice of denial.
If an applicant submits a timely request SB3412 Engrossed - 40 - LRB103 35570 RPS 65642 b for a hearing, the Secretary shall schedule a hearing unless otherwise agreed to by the parties.
If an applicant submits a timely request for a hearing, the Secretary shall schedule a hearing unless otherwise agreed to by the parties.
or (7) An internal reorganization of a person in control of the licensee where the ultimate person in control of the licensee remains the same.
or SB3412 Enrolled - 41 - LRB103 35570 RPS 65642 b (7) An internal reorganization of a person in control of the licensee where the ultimate person in control of the licensee remains the same.
SB3412 Engrossed - 41 - LRB103 35570 RPS 65642 b (k) Persons in paragraphs (2), (3), (4), (6), and (7) of subsection (j) in cooperation with the licensee shall notify the Secretary within 15 days after the acquisition of control.
(k) Persons in paragraphs (2), (3), (4), (6), and (7) of subsection (j) in cooperation with the licensee shall notify the Secretary within 15 days after the acquisition of control.
(C) the licensee to be acquired is projected to meet the requirements of Article X of this Act after the acquisition of control is completed, and if the person acquiring control is a licensee, that licensee is also projected to meet the requirements of Article X of this Act after the acquisition of control is SB3412 Engrossed - 42 - LRB103 35570 RPS 65642 b completed;
(C) the licensee to be acquired is projected to meet the requirements of Article X of this Act after the acquisition of control is completed, and if the SB3412 Enrolled - 42 - LRB103 35570 RPS 65642 b person acquiring control is a licensee, that licensee is also projected to meet the requirements of Article X of this Act after the acquisition of control is completed;
(n) If a multistate licensing process includes a determination pursuant to subsection (m) and an applicant avails itself or is otherwise subject to the multistate SB3412 Engrossed - 43 - LRB103 35570 RPS 65642 b licensing process:
SB3412 Enrolled - 43 - LRB103 35570 RPS 65642 b (n) If a multistate licensing process includes a determination pursuant to subsection (m) and an applicant avails itself or is otherwise subject to the multistate licensing process:
(b) The Secretary may issue a formal written notice of denial of key individual within 90 days after the date on which the notice provided pursuant to subsection (a) was determined to be complete if the competence, experience, character, or integrity of the individual would not be in the best interests of the public or the customers of the licensee to permit the SB3412 Engrossed - 44 - LRB103 35570 RPS 65642 b individual to be a key individual of such licensee.
(b) The Secretary may issue a formal written notice of denial of key individual within 90 days after the date on which the notice provided pursuant to subsection (a) was determined SB3412 Enrolled - 44 - LRB103 35570 RPS 65642 b to be complete if the competence, experience, character, or integrity of the individual would not be in the best interests of the public or the customers of the licensee to permit the individual to be a key individual of such licensee.
(1) the Secretary is authorized and encouraged to accept the determination of another state;
SB3412 Enrolled - 45 - LRB103 35570 RPS 65642 b (1) the Secretary is authorized and encouraged to accept the determination of another state;
(2) if the investigating state has sufficient SB3412 Engrossed - 45 - LRB103 35570 RPS 65642 b staffing, expertise, and minimum standards for the purpose of this Section;
(2) if the investigating state has sufficient staffing, expertise, and minimum standards for the purpose of this Section;
(4) transaction destination country reporting for money received for transmission, if applicable;
(4) transaction destination country reporting for SB3412 Enrolled - 46 - LRB103 35570 RPS 65642 b money received for transmission, if applicable;
The Secretary is SB3412 Engrossed - 46 - LRB103 35570 RPS 65642 b authorized and encouraged to use NMLS for the submission of the report required by subsection (a) and is authorized to change or update as necessary the requirements of this Section to carry out the purposes of this Act and maintain consistency with NMLS reporting.
The Secretary is authorized and encouraged to use NMLS for the submission of the report required by subsection (a) and is authorized to change or update as necessary the requirements of this Section to carry out the purposes of this Act and maintain consistency with NMLS reporting.
(c) The audited financial statements shall include or be accompanied by a certificate of opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the Secretary.
(c) The audited financial statements shall include or be SB3412 Enrolled - 47 - LRB103 35570 RPS 65642 b accompanied by a certificate of opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the Secretary.
If SB3412 Engrossed - 47 - LRB103 35570 RPS 65642 b the opinion or certificate is qualified, the licensee must make a separate report to the Secretary notifying them of the qualified opinion or certification.
If the opinion or certificate is qualified, the licensee must make a separate report to the Secretary notifying them of the qualified opinion or certification.
(7) any fictitious or trade name;
SB3412 Enrolled - 48 - LRB103 35570 RPS 65642 b (7) any fictitious or trade name;
SB3412 Engrossed - 48 - LRB103 35570 RPS 65642 b (10) end date acting as licensee's authorized delegate, if applicable;
(10) end date acting as licensee's authorized delegate, if applicable;
(b) A licensee shall file a report with the Secretary within 3 business days after the licensee has reason to know of the occurrence of any of the following events:
(b) A licensee shall file a report with the Secretary SB3412 Enrolled - 49 - LRB103 35570 RPS 65642 b within 3 business days after the licensee has reason to know of the occurrence of any of the following events:
(1) a charge or conviction of the licensee or of a key SB3412 Engrossed - 49 - LRB103 35570 RPS 65642 b individual or person in control of the licensee for a felony;
(1) a charge or conviction of the licensee or of a key individual or person in control of the licensee for a felony;
(2) a general ledger posted at least monthly containing all asset, liability, capital, income, and expense accounts;
(2) a general ledger posted at least monthly containing all asset, liability, capital, income, and SB3412 Enrolled - 50 - LRB103 35570 RPS 65642 b expense accounts;
(4) records of outstanding money transmission SB3412 Engrossed - 50 - LRB103 35570 RPS 65642 b obligations;
(4) records of outstanding money transmission obligations;
ARTICLE VIII.
SB3412 Enrolled - 51 - LRB103 35570 RPS 65642 b ARTICLE VIII.
Authorized Delegates SB3412 Engrossed - 51 - LRB103 35570 RPS 65642 b Section 8-1.
Authorized Delegates Section 8-1.
(d) The written contract required by subsection (b) must be signed by the licensee and the authorized delegate and, at a minimum, must:
(d) The written contract required by subsection (b) must be signed by the licensee and the authorized delegate and, at a SB3412 Enrolled - 52 - LRB103 35570 RPS 65642 b minimum, must:
(1) expressly appoint the person signing the contract as the licensee's authorized delegate with the authority SB3412 Engrossed - 52 - LRB103 35570 RPS 65642 b to conduct money transmission on behalf of the licensee;
(1) expressly appoint the person signing the contract as the licensee's authorized delegate with the authority to conduct money transmission on behalf of the licensee;
(8) state that the licensee is subject to regulation by the Secretary and that, as part of that regulation, the Secretary may suspend or revoke an authorized delegate SB3412 Engrossed - 53 - LRB103 35570 RPS 65642 b designation or require the licensee to terminate an authorized delegate designation;
SB3412 Enrolled - 53 - LRB103 35570 RPS 65642 b (8) state that the licensee is subject to regulation by the Secretary and that, as part of that regulation, the Secretary may suspend or revoke an authorized delegate designation or require the licensee to terminate an authorized delegate designation;
(g) An authorized delegate may not use a subdelegate to conduct money transmission on behalf of a licensee.
SB3412 Enrolled - 54 - LRB103 35570 RPS 65642 b (g) An authorized delegate may not use a subdelegate to conduct money transmission on behalf of a licensee.
SB3412 Engrossed - 54 - LRB103 35570 RPS 65642 b Section 8-2.
Section 8-2.
(b) If the circuit court issues an order prohibiting a person from acting as an authorized delegate for any licensee pursuant to subsection (a), the licensee that brought the action shall report the order to the Secretary within 30 days and shall report the order through NMLS within 90 days.
(b) If the circuit court issues an order prohibiting a person from acting as an authorized delegate for any licensee pursuant to subsection (a), the licensee that brought the action shall report the order to the Secretary within 30 days SB3412 Enrolled - 55 - LRB103 35570 RPS 65642 b and shall report the order through NMLS within 90 days.
(c) An authorized delegate who holds money in trust for the benefit of a licensee and knowingly fails to remit more SB3412 Engrossed - 55 - LRB103 35570 RPS 65642 b than $1,000 of such money is guilty of a Class 3 felony.
(c) An authorized delegate who holds money in trust for the benefit of a licensee and knowingly fails to remit more than $1,000 of such money is guilty of a Class 3 felony.
(a) This Section does not apply to:
SB3412 Enrolled - 56 - LRB103 35570 RPS 65642 b (a) This Section does not apply to:
(1) money received for transmission subject to the federal Remittance Rule, 12 CFR Part 1005, Subpart B, as SB3412 Engrossed - 56 - LRB103 35570 RPS 65642 b amended or recodified from time to time;
(1) money received for transmission subject to the federal Remittance Rule, 12 CFR Part 1005, Subpart B, as amended or recodified from time to time;
or (4) the refund is requested for a transaction that the licensee has not completed based on a reasonable belief or a reasonable basis to believe that a crime or violation of SB3412 Engrossed - 57 - LRB103 35570 RPS 65642 b law, rule, or regulation has occurred, is occurring, or may occur.
or SB3412 Enrolled - 57 - LRB103 35570 RPS 65642 b (4) the refund is requested for a transaction that the licensee has not completed based on a reasonable belief or a reasonable basis to believe that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur.
(2) money received for transmission pursuant to a written agreement between the licensee and payee to process payments for goods or services provided by the payee;
(2) money received for transmission pursuant to a SB3412 Enrolled - 58 - LRB103 35570 RPS 65642 b written agreement between the licensee and payee to process payments for goods or services provided by the payee;
SB3412 Engrossed - 58 - LRB103 35570 RPS 65642 b (3) payroll processing services;
(3) payroll processing services;
(2) The receipt required by this Section shall be in English and in the language principally used by the licensee or authorized delegate to advertise, solicit, or negotiate, either orally or in writing, for a transaction conducted in person, electronically or by phone, if other SB3412 Engrossed - 59 - LRB103 35570 RPS 65642 b than English.
(2) The receipt required by this Section shall be in English and in the language principally used by the SB3412 Enrolled - 59 - LRB103 35570 RPS 65642 b licensee or authorized delegate to advertise, solicit, or negotiate, either orally or in writing, for a transaction conducted in person, electronically or by phone, if other than English.
ARTICLE X.
SB3412 Enrolled - 60 - LRB103 35570 RPS 65642 b ARTICLE X.
SB3412 Engrossed - 60 - LRB103 35570 RPS 65642 b (a) A licensee under this Act shall maintain at all times a tangible net worth of the greater of $100,000 or 3% of total assets for the first $100,000,000, 2% of additional assets for $100,000,000 to $1,000,000,000, and 0.5% of additional assets for over $1,000,000,000.
(a) A licensee under this Act shall maintain at all times a tangible net worth of the greater of $100,000 or 3% of total assets for the first $100,000,000, 2% of additional assets for $100,000,000 to $1,000,000,000, and 0.5% of additional assets for over $1,000,000,000.
A claimant damaged by a breach of the conditions of a bond shall have a right to action upon the bond for damages suffered thereby and may bring suit directly on the bond, or the Secretary may bring suit on behalf SB3412 Engrossed - 61 - LRB103 35570 RPS 65642 b of the claimant.
A claimant damaged by a breach SB3412 Enrolled - 61 - LRB103 35570 RPS 65642 b of the conditions of a bond shall have a right to action upon the bond for damages suffered thereby and may bring suit directly on the bond, or the Secretary may bring suit on behalf of the claimant.
(f) Instead of a paper surety bond, each licensee and applicant shall file and maintain an electronic surety bond in NMLS or in a manner otherwise authorized by the Secretary.
(f) Instead of a paper surety bond, each licensee and applicant shall file and maintain an electronic surety bond in SB3412 Enrolled - 62 - LRB103 35570 RPS 65642 b NMLS or in a manner otherwise authorized by the Secretary.
SB3412 Engrossed - 62 - LRB103 35570 RPS 65642 b (a) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with United States generally accepted accounting principles of not less than the aggregate amount of all of its outstanding money transmission obligations.
(a) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with United States generally accepted accounting principles of not less than the aggregate amount of all of its outstanding money transmission obligations.
Sections 101 through 110, as amended or recodified from time to time, for bankruptcy or reorganization, the filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or in the event of an action by a creditor against the licensee who is not a beneficiary of this statutory trust.
Sections 101 through 110, as amended or recodified from time to time, for bankruptcy or reorganization, the filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its SB3412 Enrolled - 63 - LRB103 35570 RPS 65642 b dissolution or reorganization, or in the event of an action by a creditor against the licensee who is not a beneficiary of this statutory trust.
No permissible investments impressed SB3412 Engrossed - 63 - LRB103 35570 RPS 65642 b with a trust pursuant to this subsection shall be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of this statutory trust.
No permissible investments impressed with a trust pursuant to this subsection shall be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of this statutory trust.
(e) The Secretary by rule or by order may allow other types of investments that the Secretary determines are of sufficient liquidity and quality to be a permissible investment.
(e) The Secretary by rule or by order may allow other types SB3412 Enrolled - 64 - LRB103 35570 RPS 65642 b of investments that the Secretary determines are of sufficient liquidity and quality to be a permissible investment.
The Secretary is authorized to participate in efforts with other SB3412 Engrossed - 64 - LRB103 35570 RPS 65642 b state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment.
The Secretary is authorized to participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment.
1781, as amended or recodified from time to time;
SB3412 Enrolled - 65 - LRB103 35570 RPS 65642 b 1781, as amended or recodified from time to time;
an SB3412 Engrossed - 65 - LRB103 35570 RPS 65642 b obligation that is guaranteed fully as to principal and interest by the United States;
an obligation that is guaranteed fully as to principal and interest by the United States;
(ii) be irrevocable, unconditional, and indicate that it is not subject to any condition or qualifications outside of the letter of credit;
SB3412 Enrolled - 66 - LRB103 35570 RPS 65642 b (ii) be irrevocable, unconditional, and indicate that it is not subject to any condition or qualifications outside of the letter of credit;
SB3412 Engrossed - 66 - LRB103 35570 RPS 65642 b (iii) not contain reference to any other agreements, documents, or entities, or otherwise provide for any security interest in the licensee;
(iii) not contain reference to any other agreements, documents, or entities, or otherwise provide for any security interest in the licensee;
If the licensee is not able to do so, the Secretary may draw on the letter of credit in an amount up to the amount necessary to meet the licensee's requirements to maintain permissible investments in SB3412 Engrossed - 67 - LRB103 35570 RPS 65642 b accordance with subsection (a) of Section 10-3.
If the licensee is not able to do so, the SB3412 Enrolled - 67 - LRB103 35570 RPS 65642 b Secretary may draw on the letter of credit in an amount up to the amount necessary to meet the licensee's requirements to maintain permissible investments in accordance with subsection (a) of Section 10-3.
(II) the filing of a petition by or against the licensee for receivership, or the commencement of any other judicial or SB3412 Engrossed - 68 - LRB103 35570 RPS 65642 b administrative proceeding for its dissolution or reorganization;
SB3412 Enrolled - 68 - LRB103 35570 RPS 65642 b (II) the filing of a petition by or against the licensee for receivership, or the commencement of any other judicial or administrative proceeding for its dissolution or reorganization;
The Secretary's agent may serve as agent for multiple licensing authorities for a single irrevocable letter of credit if the proceeds of the drawable amount for the purposes of this Section are assigned to the SB3412 Engrossed - 69 - LRB103 35570 RPS 65642 b Secretary.
The Secretary's agent may serve as agent for multiple SB3412 Enrolled - 69 - LRB103 35570 RPS 65642 b licensing authorities for a single irrevocable letter of credit if the proceeds of the drawable amount for the purposes of this Section are assigned to the Secretary.
(2) of the receivables permissible under paragraph (1) of this subsection (b), receivables that are payable to a licensee from a single authorized delegate in the ordinary course of business may not exceed 10% of the aggregate value of the licensee's total permissible investments.
(2) of the receivables permissible under paragraph (1) of this subsection (b), receivables that are payable to a licensee from a single authorized delegate in the ordinary course of business may not exceed 10% of the aggregate SB3412 Enrolled - 70 - LRB103 35570 RPS 65642 b value of the licensee's total permissible investments.
(3) the following investments are permissible up to 20% per category and combined up to 50% of the aggregate SB3412 Engrossed - 70 - LRB103 35570 RPS 65642 b value of the licensee's total permissible investments:
(3) the following investments are permissible up to 20% per category and combined up to 50% of the aggregate value of the licensee's total permissible investments:
(4) cash, including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers, at foreign depository institutions are permissible up to 10% of the aggregate value of the licensee's total permissible investments if the licensee has received a satisfactory rating in its most recent examination and the foreign depository institution:
(4) cash, including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers, at foreign depository institutions are permissible up to 10% of the aggregate value of the licensee's total permissible investments if the licensee has received a satisfactory rating in its most recent SB3412 Enrolled - 71 - LRB103 35570 RPS 65642 b examination and the foreign depository institution:
(B) is registered under the Foreign Account Tax SB3412 Engrossed - 71 - LRB103 35570 RPS 65642 b Compliance Act;
(B) is registered under the Foreign Account Tax Compliance Act;
(3) directly or indirectly obtain property by fraud or misrepresentation;
(3) directly or indirectly obtain property by fraud or SB3412 Enrolled - 72 - LRB103 35570 RPS 65642 b misrepresentation;
(4) knowingly make, publish, or disseminate any false, deceptive, or misleading information in the provision of SB3412 Engrossed - 72 - LRB103 35570 RPS 65642 b money services;
(4) knowingly make, publish, or disseminate any false, deceptive, or misleading information in the provision of money services;
(10) engage in unsafe and unsound practices directly or indirectly relating to licensed activity;
(10) engage in unsafe and unsound practices directly SB3412 Enrolled - 73 - LRB103 35570 RPS 65642 b or indirectly relating to licensed activity;
or (11) fail to comply with the provisions of this Act or with any lawful order or agreement, rule, or regulations SB3412 Engrossed - 73 - LRB103 35570 RPS 65642 b made or issued under the provisions of this Act.
or (11) fail to comply with the provisions of this Act or with any lawful order or agreement, rule, or regulations made or issued under the provisions of this Act.
(5) the competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, key individual, or responsible person of the authorized delegate indicates that it is not in the public interest to permit the person to provide money transmission;
(5) the competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, key individual, or responsible person of the authorized delegate indicates that it is not SB3412 Enrolled - 74 - LRB103 35570 RPS 65642 b in the public interest to permit the person to provide money transmission;
(6) the licensee engages in an unsafe or unsound SB3412 Engrossed - 74 - LRB103 35570 RPS 65642 b practice;
(6) the licensee engages in an unsafe or unsound practice;
(12) the licensee has been convicted under the laws of this State, another state, or the United States of a felony or of a crime involving breach of trust or dishonesty;
(12) the licensee has been convicted under the laws of this State, another state, or the United States of a felony or of a crime involving breach of trust or SB3412 Enrolled - 75 - LRB103 35570 RPS 65642 b dishonesty;
SB3412 Engrossed - 75 - LRB103 35570 RPS 65642 b (b) In determining whether a licensee is engaging in an unsafe or unsound practice, the Secretary may consider the size and condition of the licensee's money transmission, the magnitude of the loss, the gravity of the violation of this Act, and the previous conduct of the person involved.
(b) In determining whether a licensee is engaging in an unsafe or unsound practice, the Secretary may consider the size and condition of the licensee's money transmission, the magnitude of the loss, the gravity of the violation of this Act, and the previous conduct of the person involved.
Code 100, as amended or recodified from time to time.
Code 100, as SB3412 Enrolled - 76 - LRB103 35570 RPS 65642 b amended or recodified from time to time.
Suspension and revocation of authorized SB3412 Engrossed - 76 - LRB103 35570 RPS 65642 b delegates.
Suspension and revocation of authorized delegates.
(b) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the Secretary may consider the size and condition of the authorized delegate's provision of money transmission, the magnitude of the loss, SB3412 Engrossed - 77 - LRB103 35570 RPS 65642 b the gravity of the violation of this Act or a rule adopted or order issued under this Act, and the previous conduct of the authorized delegate.
(b) In determining whether an authorized delegate is SB3412 Enrolled - 77 - LRB103 35570 RPS 65642 b engaging in an unsafe or unsound practice, the Secretary may consider the size and condition of the authorized delegate's provision of money transmission, the magnitude of the loss, the gravity of the violation of this Act or a rule adopted or order issued under this Act, and the previous conduct of the authorized delegate.
Section 11-4.
SB3412 Enrolled - 78 - LRB103 35570 RPS 65642 b Section 11-4.
SB3412 Engrossed - 78 - LRB103 35570 RPS 65642 b (a) If the Secretary determines that a licensee, an authorized delegate, or any other person has engaged or is engaged in practices contrary to this Act, the rules adopted under this Act, or an order issued under this Act, the Secretary may issue an order requiring the licensee or authorized delegate to cease and desist from the violation.
(a) If the Secretary determines that a licensee, an authorized delegate, or any other person has engaged or is engaged in practices contrary to this Act, the rules adopted under this Act, or an order issued under this Act, the Secretary may issue an order requiring the licensee or authorized delegate to cease and desist from the violation.
(d) The Secretary shall issue a formal written notice of the cease and desist order, setting forth the specific reasons for the order and serve the licensee or the authorized delegate, either personally or by certified mail.
(d) The Secretary shall issue a formal written notice of the cease and desist order, setting forth the specific reasons for the order and serve the licensee or the authorized SB3412 Enrolled - 79 - LRB103 35570 RPS 65642 b delegate, either personally or by certified mail.
SB3412 Engrossed - 79 - LRB103 35570 RPS 65642 b Section 11-5.
Section 11-5.
A person who engages in conduct requiring a license under this Act and fails to obtain a license from the Secretary or knowingly makes a false statement, misrepresentation, or false certification in an SB3412 Engrossed - 80 - LRB103 35570 RPS 65642 b application, financial statement, account record, report, or other document filed or required to be maintained or filed under this Act or who knowingly makes a false entry or omits a material entry in a document is guilty of a Class 3 felony.
A person who engages in SB3412 Enrolled - 80 - LRB103 35570 RPS 65642 b conduct requiring a license under this Act and fails to obtain a license from the Secretary or knowingly makes a false statement, misrepresentation, or false certification in an application, financial statement, account record, report, or other document filed or required to be maintained or filed under this Act or who knowingly makes a false entry or omits a material entry in a document is guilty of a Class 3 felony.
The Department shall cause any funds so recovered to be deposited into the TOMA Consumer Protection Fund.
The Department shall cause any funds so recovered to be deposited into the TOMA Consumer SB3412 Enrolled - 81 - LRB103 35570 RPS 65642 b Protection Fund.
All final administrative SB3412 Engrossed - 81 - LRB103 35570 RPS 65642 b decisions of the Department under this Act are subject to judicial review under the Administrative Review Law and any rules adopted under the Administrative Review Law.
All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law and any rules adopted under the Administrative Review Law.
An authorized seller of licensee pursuant to the Transmitters of Money Act in good standing as of the effective date shall become an authorized delegate of a licensee upon the filing of and approval by the Department of a renewal application by the SB3412 Engrossed - 82 - LRB103 35570 RPS 65642 b licensee in accordance with Section 5-6 and may continue to operate lawfully in this State as an authorized delegate of a licensee unless and until the licensee's next renewal application after the effective date is denied by the Department.
An authorized seller of licensee pursuant to the Transmitters of Money Act SB3412 Enrolled - 82 - LRB103 35570 RPS 65642 b in good standing as of the effective date shall become an authorized delegate of a licensee upon the filing of and approval by the Department of a renewal application by the licensee in accordance with Section 5-6 and may continue to operate lawfully in this State as an authorized delegate of a licensee unless and until the licensee's next renewal application after the effective date is denied by the Department.
(d) A person not required to be licensed pursuant to the Transmitters of Money Act shall not be required to be licensed and comply with this Act until January 1, 2026, unless the SB3412 Engrossed - 83 - LRB103 35570 RPS 65642 b Secretary extends the time by rule.
SB3412 Enrolled - 83 - LRB103 35570 RPS 65642 b (d) A person not required to be licensed pursuant to the Transmitters of Money Act shall not be required to be licensed and comply with this Act until January 1, 2026, unless the Secretary extends the time by rule.
(e) A provider of payroll processing services that was not licensed pursuant to the Transmitters of Money Act on the effective date of this Act and transmitted no more than $10,000,000 in calendar year 2023 shall not be required to be licensed and comply with this Act until October 1, 2024.
(e) A provider of payroll processing services that was not licensed pursuant to the Transmitters of Money Act on the effective date of this Act and transmitted no more than $50,000,000 in this State in calendar year 2023 shall not be required to be licensed and comply with this Act until January 1, 2025.
A provider of payroll processing services that was not licensed pursuant to the Transmitters of Money Act on the effective date of this Act and transmitted no more than $10,000,000 in calendar year 2023 shall not be penalized for providing such services before the effective date of this Act if the provider submits a completed application for licensure prior to October 1, 2024.
A provider of payroll processing services that was not licensed pursuant to the Transmitters of Money Act on the effective date of this Act and transmitted no more than $50,000,000 in this State in calendar year 2023 shall not be penalized for providing such services before January 1, 2025 if the provider submits a completed application for licensure prior to January 1, 2025.
The fund shall be used solely for the purpose of providing restitution to consumers who have suffered monetary loss arising out of a transaction regulated by this Act.
The fund shall be used solely for the purpose of providing restitution to consumers SB3412 Enrolled - 84 - LRB103 35570 RPS 65642 b who have suffered monetary loss arising out of a transaction regulated by this Act.
(c) The fund shall be applied only to restitution when SB3412 Engrossed - 84 - LRB103 35570 RPS 65642 b restitution has been ordered by the Secretary.
(c) The fund shall be applied only to restitution when restitution has been ordered by the Secretary.
Article 900.
SB3412 Enrolled - 85 - LRB103 35570 RPS 65642 b Article 900.
Amendatory provisions SB3412 Engrossed - 85 - LRB103 35570 RPS 65642 b Section 900-5.
Amendatory provisions Section 900-5.
(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible SB3412 Enrolled - 86 - LRB103 35570 RPS 65642 b disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
SB3412 Engrossed - 86 - LRB103 35570 RPS 65642 b (e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.
(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.
(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
(k) Law enforcement officer identification information or driver identification information compiled by a law SB3412 Enrolled - 87 - LRB103 35570 RPS 65642 b enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential SB3412 Engrossed - 87 - LRB103 35570 RPS 65642 b health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St.
(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional SB3412 Enrolled - 88 - LRB103 35570 RPS 65642 b Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St.
Clair County Transit District under the Bi-State Transit Safety SB3412 Engrossed - 88 - LRB103 35570 RPS 65642 b Act (repealed).
Clair County Transit District under the Bi-State Transit Safety Act (repealed).
(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under SB3412 Enrolled - 89 - LRB103 35570 RPS 65642 b Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section SB3412 Engrossed - 89 - LRB103 35570 RPS 65642 b 19.1 of the Toll Highway Act.
(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
SB3412 Enrolled - 90 - LRB103 35570 RPS 65642 b (dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
SB3412 Engrossed - 90 - LRB103 35570 RPS 65642 b (ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.
(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.
(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.
(mm) Records that are exempt from disclosure under SB3412 Enrolled - 91 - LRB103 35570 RPS 65642 b Section 4.2 of the Crime Victims Compensation Act.
SB3412 Engrossed - 91 - LRB103 35570 RPS 65642 b (oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois SB3412 Enrolled - 92 - LRB103 35570 RPS 65642 b Public Aid Code.
SB3412 Engrossed - 92 - LRB103 35570 RPS 65642 b (xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.
(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.
(fff) Images from cameras under the Expressway Camera Act.
(fff) Images from cameras under the Expressway Camera SB3412 Enrolled - 93 - LRB103 35570 RPS 65642 b Act.
(ggg) Information prohibited from disclosure under SB3412 Engrossed - 93 - LRB103 35570 RPS 65642 b paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
103-372, eff.
103-372, SB3412 Enrolled - 94 - LRB103 35570 RPS 65642 b eff.
103-472) SB3412 Engrossed - 94 - LRB103 35570 RPS 65642 b Sec.
103-472) Sec.
(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
SB3412 Enrolled - 95 - LRB103 35570 RPS 65642 b (f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
SB3412 Engrossed - 95 - LRB103 35570 RPS 65642 b (g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.
(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.
(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse SB3412 Enrolled - 96 - LRB103 35570 RPS 65642 b Prevention Review Team Act.
(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential SB3412 Engrossed - 96 - LRB103 35570 RPS 65642 b Real Property Disclosure Act, except to the extent authorized under that Article.
(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
(q) Information prohibited from being disclosed by the Personnel Record Review Act.
(q) Information prohibited from being disclosed by the SB3412 Enrolled - 97 - LRB103 35570 RPS 65642 b Personnel Record Review Act.
SB3412 Engrossed - 97 - LRB103 35570 RPS 65642 b (s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.
(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.
(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
(x) Information which is exempted from disclosure SB3412 Enrolled - 98 - LRB103 35570 RPS 65642 b under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult SB3412 Engrossed - 98 - LRB103 35570 RPS 65642 b Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.
SB3412 Enrolled - 99 - LRB103 35570 RPS 65642 b (ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being SB3412 Engrossed - 99 - LRB103 35570 RPS 65642 b disclosed under Section 7-603.5 of the Illinois Vehicle Code.
(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.
(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
(oo) Communications, notes, records, and reports arising out of a peer support counseling session SB3412 Enrolled - 100 - LRB103 35570 RPS 65642 b prohibited from disclosure under the First Responders Suicide Prevention Act.
(pp) Names and all identifying information relating to SB3412 Engrossed - 100 - LRB103 35570 RPS 65642 b an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.
(xx) Information that is exempt from disclosure or information that shall not be made public under the SB3412 Enrolled - 101 - LRB103 35570 RPS 65642 b Illinois Insurance Code.
SB3412 Engrossed - 101 - LRB103 35570 RPS 65642 b (zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.
(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.
(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, SB3412 Engrossed - 102 - LRB103 35570 RPS 65642 b .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
SB3412 Enrolled - 102 - LRB103 35570 RPS 65642 b (hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
revised 9-5-23.) Section 900-10.
revised 9-5-23.) SB3412 Enrolled - 103 - LRB103 35570 RPS 65642 b (205 ILCS 657/Act rep.) Section 900-30.
The State Finance Act is amended by adding Section 5.1015 as follows:
SB3412 Engrossed - 103 - LRB103 35570 RPS 65642 b (30 ILCS 105/5.1015 new) Sec.
5.1015.
The TOMA Consumer Protection Fund.
(205 ILCS 657/Act rep.) Section 900-30.
View plain text versions (3)

Amendments

4 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 103-0991

  2. Effective Date January 1, 2025; Some Provisions

  3. Effective Date August 9, 2024; Some Provisions;

  4. Governor Approved

  5. Sent to the Governor

  6. Passed Both Houses

  7. Senate Concurs

  8. House Committee Amendment No. 1 Senate Concurs 058-000-000

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000

  10. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

  11. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Laura Ellman

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 22, 2024

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Third Reading - Short Debate - Passed 108-000-000

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Held on Calendar Order of Second Reading - Short Debate

  18. Second Reading - Short Debate

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Do Pass as Amended / Short Debate Financial Institutions and Licensing Committee; 011-000-000

  21. House Committee Amendment No. 1 Adopted in Financial Institutions and Licensing Committee; by Voice Vote

  22. House Committee Amendment No. 1 Rules Refers to Financial Institutions and Licensing Committee

  23. House Committee Amendment No. 1 Referred to Rules Committee

  24. House Committee Amendment No. 1 Filed with Clerk by Rep. Margaret Croke

  25. Added Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.

  26. Alternate Chief Sponsor Changed to Rep. Margaret Croke

  27. Committee/Final Action Deadline Extended-9(b) May 24, 2024

  28. Assigned to Financial Institutions and Licensing Committee

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. Marcus C. Evans, Jr.

  32. Arrived in House

  33. Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)

  34. Third Reading - Passed; 056-000-000

  35. Placed on Calendar Order of 3rd Reading

  36. Senate Floor Amendment No. 3 Adopted; Ellman

  37. Senate Floor Amendment No. 1 Adopted; Ellman

  38. Recalled to Second Reading

  39. Senate Floor Amendment No. 3 Recommend Do Adopt Executive; 009-000-000

  40. Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 009-000-000

  41. Senate Floor Amendment No. 3 Assignments Refers to Executive

  42. Senate Floor Amendment No. 3 Referred to Assignments

  43. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Laura Ellman

  44. Rule 2-10 Third Reading Deadline Established As May 3, 2024

  45. Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments

  46. Rule 2-10 Third Reading Deadline Established As April 19, 2024

  47. Senate Floor Amendment No. 2 Referred to Assignments

  48. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Ellman

  49. Placed on Calendar Order of 3rd Reading April 11, 2024

  50. Second Reading

  51. Senate Floor Amendment No. 1 Assignments Refers to Executive

  52. Senate Floor Amendment No. 1 Referred to Assignments

  53. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Laura Ellman

  54. Placed on Calendar Order of 2nd Reading April 9, 2024

  55. Do Pass Executive; 012-000-001

  56. Added as Chief Co-Sponsor Sen. Cristina Castro

  57. Chief Sponsor Changed to Sen. Laura Ellman

  58. Rule 2-10 Committee Deadline Established As April 5, 2024

  59. Assigned to Executive

  60. Referred to Assignments

  61. First Reading

  62. Filed with Secretary by Sen. Cristina Castro

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 179 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 35000
Republican 16001
Unaffiliated 7000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Stoller — Yea
Toro — Yea
Bennett — Yea
Harris, N. — Yea
Simmons — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Gregg Johnson Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mark L. Walker Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Willie Preston Democrat Yea
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Executive

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 7001
Republican 4000
Unaffiliated 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Harris III, Napoleon — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
Don Harmon Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Omar Aquino Democrat Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 108 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democrat 59005
Unaffiliated 14002
Republican 35002
Total 108009
% of votes cast 92%0%0%8%
How each member voted (117)
Member Party Vote
Nichols — Yea
Ortiz — Yea
Burke — Yea
Caulkins — Yea
Frese — Yea
Yednock — Yea
Flowers — Not Voting
Costa Howard — Yea
Du Buclet — Yea
Faver Dias — Yea
Hernandez, Lisa — Yea
Katz Muhl — Yea
La Ha — Yea
Ladisch Douglass — Not Voting
Williams, Jawaharial — Yea
Yang Rohr — Yea
Abdelnasser Rashid Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Gregg Johnson Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Not Voting
Jaime M. Andrade, Jr. Democrat Not Voting
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
La Shawn K. Ford Democrat Not Voting
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Martin J. Moylan Democrat Yea
Mary Beth Canty Democrat Yea
Mary Gill Democrat Yea
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael J. Kelly Democrat Yea
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Norma Hernandez Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Thaddeus Jones Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Yolonda Morris Democrat Not Voting
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Brandun Schweizer Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Dennis Tipsword Republican Yea
Jackie Haas Republican Yea
Jason R. Bunting Republican Not Voting
Jed Davis Republican Yea
Jeff Keicher Republican Yea
Jennifer Sanalitro Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Kevin Schmidt Republican Yea
Martin McLaughlin Republican Yea
Michael J. Coffey, Jr. Republican Yea
Norine K. Hammond Republican Yea
Patrick Sheehan Republican Not Voting
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea
Travis Weaver Republican Yea
Wayne A. Rosenthal Republican Yea
William E Hauter Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 7000
Republican 4000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Barbara Hernandez Democrat Yea
Dagmara Avelar Democrat Yea
Eva-Dina Delgado Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Katie Stuart Democrat Yea
Kevin John Olickal Democrat Yea
Margaret Croke Democrat Yea
Bradley Fritts Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Daniel J. Ugaste Republican Yea
Ryan Spain Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 33001
Republican 16001
Unaffiliated 7000
Total 56002
% of votes cast 97%0%0%3%
How each member voted (58)
Member Party Vote
Stoller — Yea
Bennett — Yea
Toro — Yea
Harris, N. — Yea
Simmons — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Gregg Johnson Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Willie Preston Democrat Not Voting
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Not Voting
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Executive, Amendment 3

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 8000
Republican 1003
Unaffiliated 0001
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Harris III, Napoleon — Not Voting
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
Don Harmon Democrat Yea
Kimberly A. Lightford Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Omar Aquino Democrat Yea
Jil Tracy Republican Yea
John F. Curran Republican Not Voting
Neil Anderson Republican Not Voting
Sue Rezin Republican Not Voting

Official roll call →

Executive, Amendment 1

Passed 9 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 8000
Republican 1003
Unaffiliated 0001
Total 9004
% of votes cast 69%0%0%31%
How each member voted (13)
Member Party Vote
Harris III, Napoleon — Not Voting
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
Don Harmon Democrat Yea
Kimberly A. Lightford Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Omar Aquino Democrat Yea
Jil Tracy Republican Yea
John F. Curran Republican Not Voting
Neil Anderson Republican Not Voting
Sue Rezin Republican Not Voting

Official roll call →

Executive

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 8000
Republican 3001
Unaffiliated 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Harris III, Napoleon — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
Don Harmon Democrat Yea
Kimberly A. Lightford Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Omar Aquino Democrat Yea
Jil Tracy Republican Not Voting
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3412 do?
Creates the Uniform Money Transmission Modernization Act. Provides that the provisions supersede the Transmitters of Money Act. Provides that a person may not engage in the business of money transmission or advertise, solicit, or hold oneself out as providing money transmission unless the person is licensed under the Act. Sets forth provisions concerning the purpose of the Act; definitions; money transmission licenses; license application; license renewal; acquisition of control and change of key individuals; reporting and records; authorized delegates of a licensee; timely transmission, refunds, and disclosures; confidentiality of records; required reports; prudential standards; and enforcement. Makes conforming changes in the Freedom of Information Act and the State Finance Act. Provides that the Transmitters of Money Act is repealed on January 1, 2026. Makes other changes. Effective immediately, except that the changes to the Transmitters of Money Act take effect January 1, 2026.
Who sponsors SB 3412?
SB 3412 is sponsored by Laura Ellman (Democrat), Cristina Castro (Democrat), Margaret Croke (Democrat), and Marcus C. Evans, Jr. (Democrat).
What is the current status of SB 3412?
This bill has been enacted into law. Introduced February 08, 2024. Enacted.
Where can I track SB 3412?
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