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SB 748 — BANKING-BOARDS
Last action — Public Act . . . . . . . . . 100-0783
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 30, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 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
Amends the Illinois Banking Act. Changes the number of additional members of the State Banking Board of Illinois from 11 to 12. Provides that one member of the Board shall be from a savings bank, and there shall also be an alternate member from a savings bank to attend meetings if and only if the sitting member from a savings bank is unable to attend the meeting. Changes the requirements for the 2 public members. Amends the Savings Bank Act. Repeals provisions relating to the Board of Savings Banks. Amends the Residential Mortgage License Act of 1987. Removes provisions relating to the Residential Mortgage Board. Effective immediately.
Bill Text
What changed in the latest version
28 added · 28 removedPlain-language change summary
The bill SB 748 has undergone a labeling change, moving from "Engrossed" to "Enrolled." This change signifies that the bill has met all legislative requirements and is ready for final approval by the governor. This step is important because it indicates the bill's progress toward becoming law and gives citizens clarity on its status.
SB0748 EngrossedEnrolled LRB100 05748 SMS 15771 b AN ACT concerning regulation.
, and one member shall be from a State bank having total assets of more than $2,000,000,000 at the time of SB0748 EngrossedEnrolled - 2 - LRB100 05748 SMS 15771 b his or her appointment;
The sitting member from a savings bank organized under the Savings Bank Act and the alternate member from a savings bank organized under the Savings Bank Act shall be appointed for the same terms of SB0748 EngrossedEnrolled - 3 - LRB100 05748 SMS 15771 b office.
Those terms include a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code which is real property as defined in Section 5-35 of the Conveyance and Encumbrance of SB0748 EngrossedEnrolled - 4 - LRB100 05748 SMS 15771 b Manufactured Homes as Real Property and Severance Act.
(iii) SB0748 EngrossedEnrolled - 5 - LRB100 05748 SMS 15771 b (blank);
(1.5) Any employee of a person or entity mentioned SB0748 EngrossedEnrolled - 6 - LRB100 05748 SMS 15771 b in item (1) of this subsection, when acting for such person or entity, or any registered mortgage loan originator when acting for an entity described in subsection (tt) of this Section.
SB0748 EngrossedEnrolled - 7 - LRB100 05748 SMS 15771 b (e) "Licensee" or "residential mortgage licensee" shall mean a person, partnership, association, corporation, or any other entity who or which is licensed pursuant to this Act to engage in the activities regulated by this Act.
SB0748 EngrossedEnrolled - 8 - LRB100 05748 SMS 15771 b (i) "Residential mortgage financing transaction" shall mean the negotiation, acquisition, sale, or arrangement for or the offer to negotiate, acquire, sell, or arrange for, a residential mortgage loan or residential mortgage loan commitment.
(n-1) "Director" shall mean the Director of the SB0748 EngrossedEnrolled - 9 - LRB100 05748 SMS 15771 b Division of Banking of the Department of Financial and Professional Regulation, except that, beginning on July 31, 2009 (the effective date of Public Act 96-112), all references in this Act to the Director are deemed, in appropriate contexts, to be the Secretary of Financial and Professional Regulation, or his or her designee, including the Director of the Division of Banking of the Department of Financial and Professional Regulation.
(p) "Loan broker" or "broker" shall mean a person, partnership, association, corporation, or limited liability company, other than those persons, partnerships, associations, corporations, or limited liability companies exempted from licensing pursuant to Section 1-4, subsection (d), of this Act, who performs the activities described in subsections (c), (o), and (yy) of this SB0748 EngrossedEnrolled - 10 - LRB100 05748 SMS 15771 b Section.
The management and operation of each full service office SB0748 EngrossedEnrolled - 11 - LRB100 05748 SMS 15771 b must include observance of good business practices such as proper signage;
(w) "Advertisement" shall mean the attempt by SB0748 EngrossedEnrolled - 12 - LRB100 05748 SMS 15771 b publication, dissemination, or circulation to induce, directly or indirectly, any person to enter into a residential mortgage loan agreement or residential mortgage loan brokerage agreement relative to a mortgage secured by residential real estate situated in Illinois.
(bb) "Escrow agent" shall mean a third party, individual or entity charged with the fiduciary obligation SB0748 EngrossedEnrolled - 13 - LRB100 05748 SMS 15771 b for holding escrow funds on a residential mortgage loan pending final payout of those funds in accordance with the terms of the residential mortgage loan.
SB0748 EngrossedEnrolled - 14 - LRB100 05748 SMS 15771 b (ee) "First tier subsidiary" shall be defined by regulation incorporating the comparable definitions used by the Office of the Comptroller of the Currency and the Illinois Commissioner of Banks and Real Estate.
(hh) "Loan originator" means any natural person who, for compensation or in the expectation of compensation, either directly or indirectly makes, offers to make, SB0748 EngrossedEnrolled - 15 - LRB100 05748 SMS 15771 b solicits, places, or negotiates a residential mortgage loan.
SB0748 EngrossedEnrolled - 16 - LRB100 05748 SMS 15771 b "Mortgage loan originator" includes an individual engaged in loan modification activities as defined in subsection (yy) of this Section.
(kk) "Depository institution" has the same meaning as SB0748 EngrossedEnrolled - 17 - LRB100 05748 SMS 15771 b in Section 3 of the Federal Deposit Insurance Act, and includes any credit union.
An individual engaging solely in loan processor or SB0748 EngrossedEnrolled - 18 - LRB100 05748 SMS 15771 b underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator.
(2) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real SB0748 EngrossedEnrolled - 19 - LRB100 05748 SMS 15771 b property;
and (2) is registered with, and maintains a unique identifier through, the Nationwide Mortgage Licensing SB0748 EngrossedEnrolled - 20 - LRB100 05748 SMS 15771 b System and Registry.
(zz) "Short sale facilitation" means, for compensation or gain, either directly or indirectly offering or negotiating on behalf of a borrower or homeowner to facilitate the sale of residential real estate subject to one or more residential mortgage loans or debts constituting liens on the property in which the proceeds from selling the residential real estate will fall short of SB0748 EngrossedEnrolled - 21 - LRB100 05748 SMS 15771 b the amount owed and the lien holders are contacted to agree to release their lien on the residential real estate and accept less than the full amount owed on the debt.
SB0748 EngrossedEnrolled - 22 - LRB100 05748 SMS 15771 b (1) applications for licenses;
SB0748 EngrossedEnrolled - 23 - LRB100 05748 SMS 15771 b (i) to require information with regard to any license applicant as he or she may deem desirable, with due regard to the paramount interests of the public as to the experience, background, honesty, truthfulness, integrity, and competency of the license applicant as to financial transactions involving primary or subordinate mortgage financing, and where the license applicant is an entity other than an individual, as to the honesty, truthfulness, integrity, and competency of any officer or director of the corporation, association, or other entity, or the members of a partnership;
Nothing in this Act shall prevent continuing the practice of paying expenses involving salaries, retirement, social security, and State-paid insurance of State officers by SB0748 EngrossedEnrolled - 24 - LRB100 05748 SMS 15771 b appropriation from the General Revenue Fund.
(q) to assign an examiner or examiners to monitor the affairs of a licensee with whatever frequency the Commissioner determines appropriate and to charge the licensee for reasonable and necessary expenses of the SB0748 EngrossedEnrolled - 25 - LRB100 05748 SMS 15771 b Commissioner, if in the opinion of the Commissioner an emergency exists or appears likely to occur;
(c) The purpose of the examination under subsection (b) shall be to determine whether the loan delinquency data of the licensee has resulted from practices which deviate from sound SB0748 EngrossedEnrolled - 26 - LRB100 05748 SMS 15771 b and accepted mortgage underwriting practices, including but not limited to credit fraud, appraisal fraud and property inspection fraud.
(e) The Commissioner shall, at the conclusion of the public hearings, release his or her findings and shall also make SB0748 EngrossedEnrolled - 27 - LRB100 05748 SMS 15771 b public any action taken with respect to the licensee.
This Act takes effect upon SB0748 EngrossedEnrolled - 28 - LRB100 05748 SMS 15771 b becoming law.
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill modifies the structure and membership requirements of the State Banking Board of Illinois and repeals certain provisions of the Savings Bank Act.
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205 ILCS 5/78
and one member shall be from a savings bank organized under the Savings Bank Act.Removes a member requirement for the State Banking Board from a savings bank under the Savings Bank Act.
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205 ILCS 5/78
There shall be 2 public members, neither of whom shall be an officer or director of or owner, whether directly or indirectly, of more than 5% of the outstanding capital stock of any bank or savings bank.→ There shall be 2 public members, neither of whom shall be an officer or director of or owner, whether directly or indirectly, of more than 5% of the outstanding capital stock of any bank or savings bank.Clarifies the definition of public members on the Board who are not affiliated with banks.
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205 ILCS 5/79
No State Banking Board member shall serve more than 2 full 4-year terms of office.→ No State Banking Board member shall serve more than 2 full 4-year terms of office, except that a member from a savings bank shall not be disqualified solely due to a change in the bank's asset size.Adds an exemption to the term limits for members from savings banks if their bank's asset size changes.
Action History
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Public Act . . . . . . . . . 100-0783
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Effective Date August 10, 2018
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 111-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Financial Institutions Committee; 012-000-000
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Assigned to Financial Institutions Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Keith P. Sommer
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Arrived in House
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Third Reading - Passed; 054-000-000
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Placed on Calendar Order of 3rd Reading February 27, 2018
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Second Reading
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Placed on Calendar Order of 2nd Reading February 22, 2018
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Do Pass Financial Institutions; 007-000-000
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Re-assigned to Financial Institutions
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Rule 3-9(a) / Re-referred to Assignments
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Rule 2-10 Committee Deadline Established As May 5, 2017
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Assigned to Financial Institutions
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Rule 2-10 Committee Deadline Established As April 7, 2017
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Jason A. Barickman
Sponsors
- Jason A. Barickman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Jason A. Barickman
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 69 | 0 | 0 | 5 |
| Republican | 12 | 0 | 0 | 0 |
| Democrat | 30 | 0 | 0 | 2 |
| Total | 111 | 0 | 0 | 7 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Bristow | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| McAuliffe | — | Yea |
| Parkhurst | — | Yea |
| Phillips | — | Yea |
| Frese | — | Yea |
| Greenwood | — | Yea |
| Lang | — | Yea |
| Long | — | Yea |
| Bennett | — | Yea |
| Sauer | — | Yea |
| McDermed | — | Yea |
| Brady | — | Yea |
| Harris, David | — | Yea |
| McSweeney | — | Yea |
| Harris, Gregory | — | Yea |
| Sente | — | Yea |
| Hernandez | — | Yea |
| Burke, Daniel | — | Yea |
| Stewart | — | Yea |
| Burke, Kelly | — | Yea |
| Stratton | — | Yea |
| Thapedi | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Jones | — | Yea |
| Wallace | — | Yea |
| Wehrli | — | Yea |
| Welter | — | Yea |
| Davis | — | Yea |
| Cavaletto | — | Yea |
| Connor | — | Yea |
| Conroy | — | Yea |
| Conyears-Ervin | — | Yea |
| Costello | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Hays | — | Yea |
| Hurley | — | Yea |
| Ives | — | Yea |
| Jesiel | — | Yea |
| Madigan | — | Not Voting |
| Wheeler, Barbara | — | Yea |
| Wheeler, Keith | — | Yea |
| Mitchell, Bill | — | Yea |
| Williams | — | Yea |
| Finnie, Natalie | — | Yea |
| Mitchell, Christian | — | Not Voting |
| Demmer | — | Yea |
| Drury | — | Not Voting |
| Tabares | — | Not Voting |
| Willis | — | Yea |
| Winger | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Durkin | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Jimenez | — | Yea |
| Olsen | — | Yea |
| Pritchard | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Skillicorn | — | Yea |
| Sommer | — | Yea |
| Soto | — | Not Voting |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Not Voting |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 4 |
| Republican | 9 | 0 | 0 | 0 |
| Democrat | 14 | 0 | 0 | 1 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| McCarter | — | Yea |
| McCann | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Rooney | — | Yea |
| Nybo | — | Yea |
| Bennett | — | Yea |
| Harris | — | Yea |
| Steans | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Cullerton | — | Yea |
| Cullerton, T. | — | Yea |
| Link | — | Yea |
| McConnaughay | — | Not Voting |
| Oberweis | — | Yea |
| Silverstein | — | Not Voting |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Landek | — | Not Voting |
| Manar | — | Yea |
| Althoff | — | Not Voting |
| Martinez | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Not Voting |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 748 do?
- Amends the Illinois Banking Act. Changes the number of additional members of the State Banking Board of Illinois from 11 to 12. Provides that one member of the Board shall be from a savings bank, and there shall also be an alternate member from a savings bank to attend meetings if and only if the sitting member from a savings bank is unable to attend the meeting. Changes the requirements for the 2 public members. Amends the Savings Bank Act. Repeals provisions relating to the Board of Savings Banks. Amends the Residential Mortgage License Act of 1987. Removes provisions relating to the Residential Mortgage Board. Effective immediately.
- Who sponsors SB 748?
- SB 748 is sponsored by Jason A. Barickman.
- What is the current status of SB 748?
- This bill has been enacted into law. Introduced January 30, 2017. Enacted.
- Where can I track SB 748?
- Track SB 748 free on One Click Politics — get push/email alerts when it moves.
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