SB 661 — FINANCE-TECH

The Department shall consult the Department of Human Services to develop standards and implementation for this equipment.

(3) Establish charges (i) for communication services for State agencies and, when requested, for units of federal or local government and public and not-for-profit institutions of primary, secondary, or higher education and (ii) for use of the Department’s satellite uplink by parties not associated with State government.

Entities charged for these services shall reimburse the Department by vouchers drawn against their respective appropriations for telecommunications services.

(4) Instruct all State agencies to report their usage of communication telecommunication services regularly to the Department in the manner the Director may prescribe.

(5) Analyze the present and future aims and needs of all State agencies in the area of communications telecommunications services and plan to serve those aims and needs in the most effective and efficient manner.

(6) Provide services, including, but not limited to, telecommunications, video recording, satellite uplink, public information, and other communications services.

(7) (6) Establish the administrative organization within the Department that is required to accomplish the purpose of this Section.

The Department is authorized to conduct a study for the SB0661 Enrolled - 5 - LRB094 04399 RCE 34428 b purpose of determining technical, engineering, and management specifications for the networking, compatible connection, or shared use of existing and future public and private owned television broadcast and reception facilities, including but not limited to terrestrial microwave, fiber optic, and satellite, for broadcast and reception of educational, governmental, and business programs, and to implement those specifications.

However, the Department may not control or interfere with the input of content into the telecommunications systems by the several State agencies or units of federal or local government, or public or not-for-profit institutions of primary, secondary, and higher education, or users of the Department’s satellite uplink.

As used in this Section, the term "State agencies" means all departments, officers, commissions, boards, institutions, and bodies politic and corporate of the State except the General Assembly, legislative service agencies, and all officers of the General Assembly.

(Source:

P.A.

91-239, eff.

1-1-00.) (20 ILCS 405/405-293) Sec.

405-293.

Professional Services.

(a) The Department of Central Management Services (the "Department") is responsible for providing professional services for or on behalf of State agencies for all functions transferred to the Department by Executive Order No.

2003-10 (as modified by Section 5.5 of the Executive Reorganization Implementation Act) and may, with the approval of the Governor, provide additional services to or on behalf of State agencies.

To the extent not compensated by direct fund transfers, the Department shall be reimbursed from each State agency receiving the benefit of these services.

The reimbursement shall be determined by the Director of Central Management Services as the amount required to reimburse the Professional Services Fund for the Department’s costs of rendering the professional SB0661 Enrolled - 6 - LRB094 04399 RCE 34428 b services on behalf of that State agency.

(a-5) The Department of Central Management Services may provide professional services and other services as authorized by subsection (a) for or on behalf of other State entities with the approval of both the Director of Central Management Services and the appropriate official or governing body of the other State entity.

(b) For the purposes of this Section, "State agency" means each State agency, department, board, and commission directly responsible to the Governor.

"Professional services" means legal services, internal audit services, and other services as approved by the Governor.

"Other State entity" means the Illinois State Board of Education and the Illinois State Toll Highway Authority.

(Source:

P.A.

93-839, eff.

7-30-04.) (20 ILCS 405/405-315) (was 20 ILCS 405/67.24) Sec.

405-315.

Management of State buildings;

security force;

fees.

(a) To manage, operate, maintain, and preserve from waste the State buildings, facilities, structures, grounds, or other real property transferred to the Department under Section 405-415, including, without limitation, the State buildings listed below.

The Department may rent portions of these and other State buildings when in the judgment of the Director those leases or subleases will be in the best interests of the State.

The leases or subleases shall not exceed 5 years unless a greater term is specifically authorized.

a. Peoria Regional Office Building         5415 North University         Peoria, Illinois  61614 b. Springfield Regional Office Building         4500 South 6th Street         Springfield, Illinois  62703 c. Champaign Regional Office Building         2125 South 1st Street SB0661 Enrolled - 7 - LRB094 04399 RCE 34428 b         Champaign, Illinois  61820 d. Illinois State Armory Building         124 East Adams         Springfield, Illinois  62706 e. Marion Regional Office Building         2209 West Main Street         Marion, Illinois  62959 f. Kenneth Hall Regional State Office         Building         #10 Collinsville Avenue         East St. Louis, Illinois  62201 g. Rockford Regional Office Building         4402 North Main Street         P.O. Box 915         Rockford, Illinois  61105 h. State of Illinois Building         160 North LaSalle         Chicago, Illinois  60601 i. Office and Laboratory Building         2121 West Taylor Street         Chicago, Illinois  60602 j. Central Computer Facility         201 West Adams         Springfield, Illinois  62706 k. Elgin Office Building         595 South State Street         Elgin, Illinois  60120 l. James R. Thompson Center         Bounded by Lake, Clark, Randolph and         LaSalle Streets         Chicago, Illinois m. The following buildings located within the Chicago         Medical Center District:

1. Lawndale Day Care Center         2929 West 19th Street 2. Edwards Center SB0661 Enrolled - 8 - LRB094 04399 RCE 34428 b         2020 Roosevelt Road 3. Illinois Center for         Rehabilitation and Education         1950 West Roosevelt Road and 1151 South Wood Street 4. Department of Children and         Family Services District Office         1026 South Damen 5. The William Heally School         1731 West Taylor 6. Administrative Office Building         1100 South Paulina Street 7. Metro Children and Adolescents Center         1601 West Taylor Street n. E.J. "Zeke" Giorgi Center         200 Wyman Street         Rockford, Illinois o. Suburban North Facility         9511 Harrison         Des Plaines, Illinois p. The following buildings located within the Revenue         Center in Springfield:

1. State Property Control Warehouse         11th & Ash 2. Illinois State Museum Research & Collections         Center         1011 East Ash Street q. Effingham Regional Office Building         401 Industrial Drive         Effingham, Illinois r. The Communications Center         120 West Jefferson         Springfield, Illinois s. Portions or all of the basement and         ground floor of the         State of Illinois Building         160 North LaSalle SB0661 Enrolled - 9 - LRB094 04399 RCE 34428 b         Chicago, Illinois 60601 may be leased or subleased to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years when in the judgment of the Director those leases or subleases will be in the best interests of the State.

Portions or all of the commercial space, which includes the sub-basement, storage mezzanine, concourse, and ground and second floors of the         James R. Thompson Center         Bounded by Lake, Clark, Randolph and LaSalle Streets         Chicago, Illinois may be leased or subleased to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years subject to renewals when in the judgment of the Director those leases or subleases will be in the best interests of the State.

The Director is authorized to rent portions of the above described facilities to persons, firms, partnerships, associations, or individuals for terms not to exceed 30 days when those leases or subleases will not interfere with State usage of the facility.

This authority is meant to supplement and shall not in any way be interpreted to restrict the Director’s ability to make portions of the State of Illinois Building and the James R.

Thompson Center available for long-term commercial leases or subleases.

Provided however, that all rentals or fees charged to persons, firms, partnerships, associations, or individuals for any lease or use of space in the above described facilities made for terms not to exceed 30 days in length shall be deposited in a special fund in the State treasury to be known as the Special Events Revolving Fund.

Notwithstanding the provisions above, the Department of Children and Family Services and the Department of Human Services (as successor to the Department of Rehabilitation Services and the Department of Mental Health and Developmental Disabilities) shall determine the allocation of space for direct recipient care in their respective facilities.

The SB0661 Enrolled - 10 - LRB094 04399 RCE 34428 b Department of Central Management Services shall consult with the affected agency in the allocation and lease of surplus space in these facilities.

Potential lease arrangements shall not endanger the direct recipient care responsibilities in these facilities.

(b) To appoint, subject to the Personnel Code, persons to be members of a police and security force.

Members of the security force shall be peace officers when performing duties pursuant to this Section and as such shall have all of the powers possessed by policemen in cities and sheriffs, including the power to make arrests on view or issue citations for violations of State statutes or city or county ordinances, except that in counties of more than 1,000,000 population, any powers created by this subsection shall be exercised only (i) when necessary to protect the property, personnel, or interests of the Department or any State agency for whom the Department manages, operates, or maintains property or (ii) when specifically requested by appropriate State or local law enforcement officials, and except that within counties of 1,000,000 or less population, these powers shall be exercised only when necessary to protect the property, personnel, or interests of the State of Illinois and only while on property managed, operated, or maintained by the Department.

Nothing in this subsection shall be construed so as to make it conflict with any provisions of, or rules promulgated under, the Personnel Code.

(c) To charge reasonable fees for the lease, rental, use, or occupancy of State facilities managed, operated, or maintained by the Department.

All Except as provided in subsection (a) regarding amounts to be deposited into the Special Events Revolving Fund, all moneys collected under this Section subsection shall be deposited in a revolving fund in the State treasury known as the Facilities Management Revolving Fund.

(d) Provisions of this Section relating to the James R.

Thompson Center are subject to the provisions of Section 7.4 of SB0661 Enrolled - 11 - LRB094 04399 RCE 34428 b the State Property Control Act.

(Source:

P.A.

92-302, eff.

8-9-01;

93-19, eff.

6-20-03;

93-839, eff.

7-30-04.) ARTICLE 13 Section 13-5.

The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by changing Section 2105-300 as follows:

(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e) Sec.

2105-300.

Professions Indirect Cost Fund;

allocations;

analyses.

(a) Appropriations for the direct and allocable indirect costs of licensing and regulating each regulated profession, trade, or occupation, or industry are intended to be payable from the fees and fines that are assessed and collected from that profession, trade, or occupation, or industry, to the extent that those fees and fines are sufficient.

In any fiscal year in which the fees and fines generated by a specific profession, trade, or occupation, or industry are insufficient to finance the necessary direct and allocable indirect costs of licensing and regulating that profession, trade, or occupation, or industry, the remainder of those costs shall be financed from appropriations payable from revenue sources other than fees and fines.

The direct and allocable indirect costs of the Department identified in its cost allocation plans that are not attributable to the licensing and regulation of a specific profession, trade, or occupation, or industry or group of professions, trades, or occupations, or industries shall be financed from appropriations from revenue sources other than fees and fines.

(b) The Professions Indirect Cost Fund is hereby created as a special fund in the State Treasury.

The Fund may receive transfers of moneys authorized by the Department from the cash balances in special funds that receive revenues from the fees SB0661 Enrolled - 12 - LRB094 04399 RCE 34428 b and fines associated with the licensing of regulated professions, trades, and occupations, and industries by the Department.

Moneys in the Fund shall be invested and earnings on the investments shall be retained in the Fund.

Subject to appropriation, the Department shall use moneys in the Fund to pay the ordinary and necessary allocable indirect expenses associated with each of the regulated professions, trades, and occupations, and industries.

(c) Before the beginning of each fiscal year, the Department shall prepare a cost allocation analysis to be used in establishing the necessary appropriation levels for each cost purpose and revenue source.

At the conclusion of each fiscal year, the Department shall prepare a cost allocation analysis reflecting the extent of the variation between how the costs were actually financed in that year and the planned cost allocation for that year.

Variations between the planned and actual cost allocations for the prior fiscal year shall be adjusted into the Department’s planned cost allocation for the next fiscal year.

Each cost allocation analysis shall separately identify the direct and allocable indirect costs of each regulated profession, trade, or occupation, or industry and the costs of the Department’s general public health and safety purposes.

The analyses shall determine whether the direct and allocable indirect costs of each regulated profession, trade, or occupation, or industry and the costs of the Department’s general public health and safety purposes are sufficiently financed from their respective funding sources.

The Department shall prepare the cost allocation analyses in consultation with the respective regulated professions, trades, and occupations, and industries and shall make copies of the analyses available to them in a timely fashion.

(d) The Department may direct the State Comptroller and Treasurer to transfer moneys from the special funds that receive fees and fines associated with regulated professions, trades, and occupations, and industries into the Professions SB0661 Enrolled - 13 - LRB094 04399 RCE 34428 b Indirect Cost Fund in accordance with the Department’s cost allocation analysis plan for the applicable fiscal year.

For a given fiscal year, the Department shall not direct the transfer of moneys under this subsection from a special fund associated with a specific regulated profession, trade, or occupation, or industry (or group of professions, trades, or occupations, or industries) in an amount exceeding the allocable indirect costs associated with that profession, trade, or occupation, or industry (or group of professions, trades, or occupations, or industries) as provided in the cost allocation analysis for that fiscal year and adjusted for allocation variations from the prior fiscal year.

No direct costs identified in the cost allocation plan shall be used as a basis for transfers into the Professions Indirect Cost Fund or for expenditures from the Fund.

(Source:

P.A.

91-239, eff.

1-1-00.) Section 13-10.

The State Finance Act is amended by changing Sections 6z-26 and 8f as follows:

(30 ILCS 105/6z-26) Sec.

6z-26.

The Financial Institution Fund.

All moneys received by the Department of Financial and Professional Regulation Institutions under the Safety Deposit License Act, the Foreign Exchange License Act, the Pawners Societies Act, the Sale of Exchange Act, the Currency Exchange Act, the Sales Finance Agency Act, the Debt Management Service Act, the Consumer Installment Loan Act, the Illinois Development Credit Corporation Act, the Title Insurance Act, and any other Act administered by the Department of Financial and Professional Regulation as the successor of the Department of Financial Institutions now or in the future (unless an Act specifically provides otherwise) shall be deposited in the Financial Institution Fund (hereinafter "Fund"), a special fund that is hereby created in the State Treasury.

Moneys in the Fund shall be used by the Department, subject SB0661 Enrolled - 14 - LRB094 04399 RCE 34428 b to appropriation, for expenses incurred in administering the above named and referenced Acts.

The Comptroller and the State Treasurer shall transfer from the General Revenue Fund to the Fund any monies received by the Department after June 30, 1993, under any of the above named and referenced Acts that have been deposited in the General Revenue Fund.

As soon as possible after the end of each calendar year, the Comptroller shall compare the balance in the Fund at the end of the calendar year with the amount appropriated from the Fund for the fiscal year beginning on July 1 of that calendar year.

If the balance in the Fund exceeds the amount appropriated, the Comptroller and the State Treasurer shall transfer from the Fund to the General Revenue Fund an amount equal to the difference between the balance in the Fund and the amount appropriated.

Nothing in this Section shall be construed to prohibit appropriations from the General Revenue Fund for expenses incurred in the administration of the above named and referenced Acts.

Moneys in the Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source:

P.A.

90-545, eff.

1-1-98.) (30 ILCS 105/8f) Sec.

8f.

Public Pension Regulation Fund.

The Public Pension Regulation Fund is created in the State Treasury.

Except as otherwise provided in the Illinois Pension Code, all money received by the Department of Financial and Professional Regulation, as successor to the Illinois Department of Insurance, under the Illinois Pension Code shall be paid into the Fund.

Moneys in the Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of SB0661 Enrolled - 15 - LRB094 04399 RCE 34428 b the Civil Administrative Code of Illinois.

The State Treasurer promptly shall invest the money in the Fund, and all earnings that accrue on the money in the Fund shall be credited to the Fund.

No money may be transferred from this Fund to any other fund.

The General Assembly may make appropriations from this Fund for the ordinary and contingent expenses of the Public Pension Division of the Illinois Department of Insurance.

(Source:

P.A.

90-507, eff.

8-22-97.) Section 13-15.

The Illinois Banking Act is amended by changing Section 48 as follows:

(205 ILCS 5/48) (from Ch.

17, par.

359) Sec.

48.

Commissioner’s powers;

duties.

The Commissioner shall have the powers and authority, and is charged with the duties and responsibilities designated in this Act, and a State bank shall not be subject to any other visitorial power other than as authorized by this Act, except those vested in the courts, or upon prior consultation with the Commissioner, a foreign bank regulator with an appropriate supervisory interest in the parent or affiliate of a state bank.

In the performance of the Commissioner’s duties:

(1) The Commissioner shall call for statements from all State banks as provided in Section 47 at least one time during each calendar quarter.

(2) (a) The Commissioner, as often as the Commissioner shall deem necessary or proper, and no less frequently than 18 months following the preceding examination, shall appoint a suitable person or persons to make an examination of the affairs of every State bank, except that for every eligible State bank, as defined by regulation, the Commissioner in lieu of the examination may accept on an alternating basis the examination made by the eligible State bank’s appropriate federal banking agency pursuant to Section 111 of the Federal Deposit Insurance Corporation Improvement Act of 1991, provided the appropriate federal banking agency has made such SB0661 Enrolled - 16 - LRB094 04399 RCE 34428 b an examination.

A person so appointed shall not be a stockholder or officer or employee of any bank which that person may be directed to examine, and shall have powers to make a thorough examination into all the affairs of the bank and in so doing to examine any of the officers or agents or employees thereof on oath and shall make a full and detailed report of the condition of the bank to the Commissioner.

In making the examination the examiners shall include an examination of the affairs of all the affiliates of the bank, as defined in subsection (b) of Section 35.2 of this Act, or subsidiaries of the bank as shall be necessary to disclose fully the conditions of the subsidiaries or affiliates, the relations between the bank and the subsidiaries or affiliates and the effect of those relations upon the affairs of the bank, and in connection therewith shall have power to examine any of the officers, directors, agents, or employees of the subsidiaries or affiliates on oath.

After May 31, 1997, the Commissioner may enter into cooperative agreements with state regulatory authorities of other states to provide for examination of State bank branches in those states, and the Commissioner may accept reports of examinations of State bank branches from those state regulatory authorities.

These cooperative agreements may set forth the manner in which the other state regulatory authorities may be compensated for examinations prepared for and submitted to the Commissioner.

(b) After May 31, 1997, the Commissioner is authorized to examine, as often as the Commissioner shall deem necessary or proper, branches of out-of-state banks.

The Commissioner may establish and may assess fees to be paid to the Commissioner for examinations under this subsection (b).

The fees shall be borne by the out-of-state bank, unless the fees are borne by the state regulatory authority that chartered the out-of-state bank, as determined by a cooperative agreement between the Commissioner and the state regulatory authority that chartered the out-of-state bank.

(2.5) Whenever any State bank, any subsidiary or affiliate SB0661 Enrolled - 17 - LRB094 04399 RCE 34428 b of a State bank, or after May 31, 1997, any branch of an out-of-state bank causes to be performed, by contract or otherwise, any bank services for itself, whether on or off its premises:

(a) that performance shall be subject to examination by the Commissioner to the same extent as if services were being performed by the bank or, after May 31, 1997, branch of the out-of-state bank itself on its own premises;

and (b) the bank or, after May 31, 1997, branch of the out-of-state bank shall notify the Commissioner of the existence of a service relationship.

The notification shall be submitted with the first statement of condition (as required by Section 47 of this Act) due after the making of the service contract or the performance of the service, whichever occurs first.

The Commissioner shall be notified of each subsequent contract in the same manner.

For purposes of this subsection (2.5), the term "bank services" means services such as sorting and posting of checks and deposits, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a State bank, including but not limited to electronic data processing related to those bank services.

(3) The expense of administering this Act, including the expense of the examinations of State banks as provided in this Act, shall to the extent of the amounts resulting from the fees provided for in paragraphs (a), (a-2), and (b) of this subsection (3) be assessed against and borne by the State banks:

(a) Each bank shall pay to the Commissioner a Call Report Fee which shall be paid in quarterly installments equal to one-fourth of the sum of the annual fixed fee of $800, plus a variable fee based on the assets shown on the quarterly statement of condition delivered to the Commissioner in accordance with Section 47 for the SB0661 Enrolled - 18 - LRB094 04399 RCE 34428 b preceding quarter according to the following schedule:

16¢ per $1,000 of the first $5,000,000 of total assets, 15¢ per $1,000 of the next $20,000,000 of total assets, 13¢ per $1,000 of the next $75,000,000 of total assets, 9¢ per $1,000 of the next $400,000,000 of total assets, 7¢ per $1,000 of the next $500,000,000 of total assets, and 5¢ per $1,000 of all assets in excess of $1,000,000,000, of the State bank.

The Call Report Fee shall be calculated by the Commissioner and billed to the banks for remittance at the time of the quarterly statements of condition provided for in Section 47.

The Commissioner may require payment of the fees provided in this Section by an electronic transfer of funds or an automatic debit of an account of each of the State banks.

In case more than one examination of any bank is deemed by the Commissioner to be necessary in any examination frequency cycle specified in subsection 2(a) of this Section, and is performed at his direction, the Commissioner may assess a reasonable additional fee to recover the cost of the additional examination;

provided, however, that an examination conducted at the request of the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act shall not be deemed to be an additional examination under this Section.

In lieu of the method and amounts set forth in this paragraph (a) for the calculation of the Call Report Fee, the Commissioner may specify by rule that the Call Report Fees provided by this Section may be assessed semiannually or some other period and may provide in the rule the formula to be used for calculating and assessing the periodic Call Report Fees to be paid by State banks.

(a-1) If in the opinion of the Commissioner an emergency exists or appears likely, the Commissioner may assign an examiner or examiners to monitor the affairs of a State bank with whatever frequency he deems appropriate, including but not limited to a daily basis.

The reasonable and necessary expenses of the Commissioner during the SB0661 Enrolled - 19 - LRB094 04399 RCE 34428 b period of the monitoring shall be borne by the subject bank.

The Commissioner shall furnish the State bank a statement of time and expenses if requested to do so within 30 days of the conclusion of the monitoring period.

(a-2) On and after January 1, 1990, the reasonable and necessary expenses of the Commissioner during examination of the performance of electronic data processing services under subsection (2.5) shall be borne by the banks for which the services are provided.

An amount, based upon a fee structure prescribed by the Commissioner, shall be paid by the banks or, after May 31, 1997, branches of out-of-state banks receiving the electronic data processing services along with the Call Report Fee assessed under paragraph (a) of this subsection (3).

(a-3) After May 31, 1997, the reasonable and necessary expenses of the Commissioner during examination of the performance of electronic data processing services under subsection (2.5) at or on behalf of branches of out-of-state banks shall be borne by the out-of-state banks, unless those expenses are borne by the state regulatory authorities that chartered the out-of-state banks, as determined by cooperative agreements between the Commissioner and the state regulatory authorities that chartered the out-of-state banks.

(b) "Fiscal year" for purposes of this Section 48 is defined as a period beginning July 1 of any year and ending June 30 of the next year.

The Commissioner shall receive for each fiscal year, commencing with the fiscal year ending June 30, 1987, a contingent fee equal to the lesser of the aggregate of the fees paid by all State banks under paragraph (a) of subsection (3) for that year, or the amount, if any, whereby the aggregate of the administration expenses, as defined in paragraph (c), for that fiscal year exceeds the sum of the aggregate of the fees payable by all State banks for that year under paragraph (a) of subsection (3), plus any amounts transferred into the Bank and Trust SB0661 Enrolled - 20 - LRB094 04399 RCE 34428 b Company Fund from the State Pensions Fund for that year, plus all other amounts collected by the Commissioner for that year under any other provision of this Act, plus the aggregate of all fees collected for that year by the Commissioner under the Corporate Fiduciary Act, excluding the receivership fees provided for in Section 5-10 of the Corporate Fiduciary Act, and the Foreign Banking Office Act.

The aggregate amount of the contingent fee thus arrived at for any fiscal year shall be apportioned amongst, assessed upon, and paid by the State banks and foreign banking corporations, respectively, in the same proportion that the fee of each under paragraph (a) of subsection (3), respectively, for that year bears to the aggregate for that year of the fees collected under paragraph (a) of subsection (3).

The aggregate amount of the contingent fee, and the portion thereof to be assessed upon each State bank and foreign banking corporation, respectively, shall be determined by the Commissioner and shall be paid by each, respectively, within 120 days of the close of the period for which the contingent fee is computed and is payable, and the Commissioner shall give 20 days advance notice of the amount of the contingent fee payable by the State bank and of the date fixed by the Commissioner for payment of the fee.

(c) The "administration expenses" for any fiscal year shall mean the ordinary and contingent expenses for that year incident to making the examinations provided for by, and for otherwise administering, this Act, the Corporate Fiduciary Act, excluding the expenses paid from the Corporate Fiduciary Receivership account in the Bank and Trust Company Fund, the Foreign Banking Office Act, the Electronic Fund Transfer Act, and the Illinois Bank Examiners’ Education Foundation Act, including all salaries and other compensation paid for personal services rendered for the State by officers or employees of the State, including the Commissioner and the Deputy SB0661 Enrolled - 21 - LRB094 04399 RCE 34428 b Commissioners, all expenditures for telephone and telegraph charges, postage and postal charges, office stationery, supplies and services, and office furniture and equipment, including typewriters and copying and duplicating machines and filing equipment, surety bond premiums, and travel expenses of those officers and employees, employees, expenditures or charges for the acquisition, enlargement or improvement of, or for the use of, any office space, building, or structure, or expenditures for the maintenance thereof or for furnishing heat, light, or power with respect thereto, all to the extent that those expenditures are directly incidental to such examinations or administration.

The Commissioner shall not be required by paragraphs (c) or (d-1) of this subsection (3) to maintain in any fiscal year’s budget appropriated reserves for accrued vacation and accrued sick leave that is required to be paid to employees of the Commissioner upon termination of their service with the Commissioner in an amount that is more than is reasonably anticipated to be necessary for any anticipated turnover in employees, whether due to normal attrition or due to layoffs, terminations, or resignations.

(d) The aggregate of all fees collected by the Commissioner under this Act, the Corporate Fiduciary Act, or the Foreign Banking Office Act on and after July 1, 1979, shall be paid promptly after receipt of the same, accompanied by a detailed statement thereof, into the State treasury and shall be set apart in a special fund to be known as the "Bank and Trust Company Fund", except as provided in paragraph (c) of subsection (11) of this Section.

All earnings received from investments of funds in the Bank and Trust Company Fund shall be deposited in the Bank and Trust Company Fund and may be used for the same purposes as fees deposited in that Fund.

The amount from time to time deposited into the Bank and Trust Company Fund shall be used to offset the ordinary administrative SB0661 Enrolled - 22 - LRB094 04399 RCE 34428 b expenses of the Commissioner of Banks and Real Estate as defined in this Section.

Nothing in this amendatory Act of 1979 shall prevent continuing the practice of paying expenses involving salaries, retirement, social security, and State-paid insurance premiums of State officers by appropriations from the General Revenue Fund.

However, the General Revenue Fund shall be reimbursed for those payments made on and after July 1, 1979, by an annual transfer of funds from the Bank and Trust Company Fund.

Moneys in the Bank and Trust Company Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(d-1) Adequate funds shall be available in the Bank and Trust Company Fund to permit the timely payment of administration expenses.

In each fiscal year the total administration expenses shall be deducted from the total fees collected by the Commissioner and the remainder transferred into the Cash Flow Reserve Account, unless the balance of the Cash Flow Reserve Account prior to the transfer equals or exceeds one-fourth of the total initial appropriations from the Bank and Trust Company Fund for the subsequent year, in which case the remainder shall be credited to State banks and foreign banking corporations and applied against their fees for the subsequent year.

The amount credited to each State bank and foreign banking corporation shall be in the same proportion as the Call Report Fees paid by each for the year bear to the total Call Report Fees collected for the year.

If, after a transfer to the Cash Flow Reserve Account is made or if no remainder is available for transfer, the balance of the Cash Flow Reserve Account is less than one-fourth of the total initial appropriations for the subsequent year and the amount transferred is less than 5% of the total Call Report Fees for the year, additional amounts needed to make SB0661 Enrolled - 23 - LRB094 04399 RCE 34428 b the transfer equal to 5% of the total Call Report Fees for the year shall be apportioned amongst, assessed upon, and paid by the State banks and foreign banking corporations in the same proportion that the Call Report Fees of each, respectively, for the year bear to the total Call Report Fees collected for the year.

The additional amounts assessed shall be transferred into the Cash Flow Reserve Account.

For purposes of this paragraph (d-1), the calculation of the fees collected by the Commissioner shall exclude the receivership fees provided for in Section 5-10 of the Corporate Fiduciary Act.

(e) The Commissioner may upon request certify to any public record in his keeping and shall have authority to levy a reasonable charge for issuing certifications of any public record in his keeping.

(f) In addition to fees authorized elsewhere in this Act, the Commissioner may, in connection with a review, approval, or provision of a service, levy a reasonable charge to recover the cost of the review, approval, or service.

(4) Nothing contained in this Act shall be construed to limit the obligation relative to examinations and reports of any State bank, deposits in which are to any extent insured by the United States or any agency thereof, nor to limit in any way the powers of the Commissioner with reference to examinations and reports of that bank.

(5) The nature and condition of the assets in or investment of any bonus, pension, or profit sharing plan for officers or employees of every State bank or, after May 31, 1997, branch of an out-of-state bank shall be deemed to be included in the affairs of that State bank or branch of an out-of-state bank subject to examination by the Commissioner under the provisions of subsection (2) of this Section, and if the Commissioner shall find from an examination that the condition of or operation of the investments or assets of the plan is unlawful, fraudulent, or unsafe, or that any trustee has abused his SB0661 Enrolled - 24 - LRB094 04399 RCE 34428 b trust, the Commissioner shall, if the situation so found by the Commissioner shall not be corrected to his satisfaction within 60 days after the Commissioner has given notice to the board of directors of the State bank or out-of-state bank of his findings, report the facts to the Attorney General who shall thereupon institute proceedings against the State bank or out-of-state bank, the board of directors thereof, or the trustees under such plan as the nature of the case may require.

(6) The Commissioner shall have the power:

(a) To promulgate reasonable rules for the purpose of administering the provisions of this Act.

(a-5) To impose conditions on any approval issued by the Commissioner if he determines that the conditions are necessary or appropriate.

These conditions shall be imposed in writing and shall continue in effect for the period prescribed by the Commissioner.

(b) To issue orders against any person, if the Commissioner has reasonable cause to believe that an unsafe or unsound banking practice has occurred, is occurring, or is about to occur, if any person has violated, is violating, or is about to violate any law, rule, or written agreement with the Commissioner, or for the purpose of administering the provisions of this Act and any rule promulgated in accordance with this Act.

(b-1) To enter into agreements with a bank establishing a program to correct the condition of the bank or its practices.

(c) To appoint hearing officers to execute any of the powers granted to the Commissioner under this Section for the purpose of administering this Act and any rule promulgated in accordance with this Act and otherwise to authorize, in writing, an officer or employee of the Office of Banks and Real Estate to exercise his powers under this Act.

(d) To subpoena witnesses, to compel their attendance, to administer an oath, to examine any person under oath, SB0661 Enrolled - 25 - LRB094 04399 RCE 34428 b and to require the production of any relevant books, papers, accounts, and documents in the course of and pursuant to any investigation being conducted, or any action being taken, by the Commissioner in respect of any matter relating to the duties imposed upon, or the powers vested in, the Commissioner under the provisions of this Act or any rule promulgated in accordance with this Act.

(e) To conduct hearings.

(7) Whenever, in the opinion of the Commissioner, any director, officer, employee, or agent of a State bank or any subsidiary or bank holding company of the bank or, after May 31, 1997, of any branch of an out-of-state bank or any subsidiary or bank holding company of the bank shall have violated any law, rule, or order relating to that bank or any subsidiary or bank holding company of the bank, shall have obstructed or impeded any examination or investigation by the Commissioner, shall have engaged in an unsafe or unsound practice in conducting the business of that bank or any subsidiary or bank holding company of the bank, or shall have violated any law or engaged or participated in any unsafe or unsound practice in connection with any financial institution or other business entity such that the character and fitness of the director, officer, employee, or agent does not assure reasonable promise of safe and sound operation of the State bank, the Commissioner may issue an order of removal.

If, in the opinion of the Commissioner, any former director, officer, employee, or agent of a State bank or any subsidiary or bank holding company of the bank, prior to the termination of his or her service with that bank or any subsidiary or bank holding company of the bank, violated any law, rule, or order relating to that State bank or any subsidiary or bank holding company of the bank, obstructed or impeded any examination or investigation by the Commissioner, engaged in an unsafe or unsound practice in conducting the business of that bank or any subsidiary or bank holding company of the bank, or violated any law or engaged or participated in any unsafe or unsound SB0661 Enrolled - 26 - LRB094 04399 RCE 34428 b practice in connection with any financial institution or other business entity such that the character and fitness of the director, officer, employee, or agent would not have assured reasonable promise of safe and sound operation of the State bank, the Commissioner may issue an order prohibiting that person from further service with a bank or any subsidiary or bank holding company of the bank as a director, officer, employee, or agent.

An order issued pursuant to this subsection shall be served upon the director, officer, employee, or agent.

A copy of the order shall be sent to each director of the bank affected by registered mail.

The person affected by the action may request a hearing before the State Banking Board within 10 days after receipt of the order.

The hearing shall be held by the Board within 30 days after the request has been received by the Board.

The Board shall make a determination approving, modifying, or disapproving the order of the Commissioner as its final administrative decision.

If a hearing is held by the Board, the Board shall make its determination within 60 days from the conclusion of the hearing.

Any person affected by a decision of the Board under this subsection (7) of Section 48 of this Act may have the decision reviewed only under and in accordance with the Administrative Review Law and the rules adopted pursuant thereto.

A copy of the order shall also be served upon the bank of which he is a director, officer, employee, or agent, whereupon he shall cease to be a director, officer, employee, or agent of that bank.

The Commissioner may institute a civil action against the director, officer, or agent of the State bank or, after May 31, 1997, of the branch of the out-of-state bank against whom any order provided for by this subsection (7) of this Section 48 has been issued, and against the State bank or, after May 31, 1997, out-of-state bank, to enforce compliance with or to enjoin any violation of the terms of the order.

Any person who has been the subject of an order of removal or an order of prohibition issued by the Commissioner under this subsection or Section 5-6 of the Corporate Fiduciary Act may not thereafter serve as director, SB0661 Enrolled - 27 - LRB094 04399 RCE 34428 b officer, employee, or agent of any State bank or of any branch of any out-of-state bank, or of any corporate fiduciary, as defined in Section 1-5.05 of the Corporate Fiduciary Act, or of any other entity that is subject to licensure or regulation by the Commissioner or the Office of Banks and Real Estate unless the Commissioner has granted prior approval in writing.

For purposes of this paragraph (7), "bank holding company" has the meaning prescribed in Section 2 of the Illinois Bank Holding Company Act of 1957.

(8) The Commissioner may impose civil penalties of up to $10,000 against any person for each violation of any provision of this Act, any rule promulgated in accordance with this Act, any order of the Commissioner, or any other action which in the Commissioner’s discretion is an unsafe or unsound banking practice.

(9) The Commissioner may impose civil penalties of up to $100 against any person for the first failure to comply with reporting requirements set forth in the report of examination of the bank and up to $200 for the second and subsequent failures to comply with those reporting requirements.

(10) All final administrative decisions of the Commissioner hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law.

For matters involving administrative review, venue shall be in either Sangamon County or Cook County.

(11) The endowment fund for the Illinois Bank Examiners’ Education Foundation shall be administered as follows:

(a) (Blank).

(b) The Foundation is empowered to receive voluntary contributions, gifts, grants, bequests, and donations on behalf of the Illinois Bank Examiners’ Education Foundation from national banks and other persons for the purpose of funding the endowment of the Illinois Bank Examiners’ Education Foundation.

(c) The aggregate of all special educational fees collected by the Commissioner and property received by the SB0661 Enrolled - 28 - LRB094 04399 RCE 34428 b Commissioner on behalf of the Illinois Bank Examiners’ Education Foundation under this subsection (11) on or after June 30, 1986, shall be either (i) promptly paid after receipt of the same, accompanied by a detailed statement thereof, into the State Treasury and shall be set apart in a special fund to be known as "The Illinois Bank Examiners’ Education Fund" to be invested by either the Treasurer of the State of Illinois in the Public Treasurers’ Investment Pool or in any other investment he is authorized to make or by the Illinois State Board of Investment as the board of trustees of the Illinois Bank Examiners’ Education Foundation may direct or (ii) deposited into an account maintained in a commercial bank or corporate fiduciary in the name of the Illinois Bank Examiners’ Education Foundation pursuant to the order and direction of the Board of Trustees of the Illinois Bank Examiners’ Education Foundation.

(12) (Blank).

(Source:

P.A.

91-16, eff.

7-1-99;

92-20, eff.

7-1-01;

92-483, eff.

8-23-01;

92-651, eff.

7-11-02.) Section 13-20.

The Illinois Savings and Loan Act of 1985 is amended by changing Section 7-19.1 as follows:

(205 ILCS 105/7-19.1) (from Ch.

17, par.

3307-19.1) Sec.

7-19.1.

Savings and Residential Finance Regulatory Fund.

(a) The aggregate of all fees collected by the Commissioner under this Act shall be paid promptly after receipt of the same, accompanied by a detailed statement thereof, into the State treasury and shall be set apart in the Savings and Residential Finance Regulatory Fund, a special fund hereby created in the State treasury.

The amounts deposited into the Fund shall be used for the ordinary and contingent expenses of the Office of Banks and Real Estate.

Nothing in this Act shall prevent continuing the practice of paying expenses involving SB0661 Enrolled - 29 - LRB094 04399 RCE 34428 b salaries, retirement, social security, and State-paid insurance of State officers by appropriation from the General Revenue Fund.

(b) Except as otherwise provided in subsection (b-5), moneys Moneys in the Savings and Residential Finance Regulatory Fund may not be appropriated, assigned, or transferred to another State fund.

The moneys in the Fund shall be for the sole benefit of the institutions assessed.

(b-5) Moneys in the Savings and Residential Finance Regulatory Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(c) All earnings received from investments of funds in the Savings and Residential Finance Regulatory Fund shall be deposited into the Savings and Residential Finance Regulatory Fund and may be used for the same purposes as fees deposited into that Fund.

(Source:

P.A.

92-700, eff.

7-19-02.) Section 13-25.

The Illinois Credit Union Act is amended by changing Section 12 as follows:

(205 ILCS 305/12) (from Ch.

17, par.

4413) Sec.

12.

Regulatory fees.

(1) A credit union regulated by the Department shall pay a regulatory fee to the Department based upon its total assets as shown by its Year-end Call Report at the following rates:

TOTAL ASSETS REGULATORY FEE $25,000 or less ..............

$100 Over $25,000 and not over $100,000 ....................

$100 plus $4 per $1,000 of assets in excess of $25,000 Over $100,000 and not over $200,000 ....................

$400 plus $3 per SB0661 Enrolled - 30 - LRB094 04399 RCE 34428 b $1,000 of assets in excess of $100,000 Over $200,000 and not over $500,000 ....................

$700 plus $2 per $1,000 of assets in excess of $200,000 Over $500,000 and not over $1,000,000 ..................

$1,300 plus $1.40 per $1,000 of assets in excess of $500,000 Over $1,000,000 and not over $5,000,000..............

$2,000 plus $0.50 per $1,000 of assets in excess of $1,000,000 Over $5,000,000 and not over $30,000,000 ............

$5,080 plus $0.44 per $1,000 assets in excess of $5,000,000 Over $30,000,000 and not over $100,000,000............

$16,192 plus $0.38 per $1,000 of assets in excess of $30,000,000 Over $100,000,000 and not over $500,000,000............

$42,862 plus $0.19 per $1,000 of assets in excess of $100,000,000 Over $500,000,000............

$140,625 plus $0.075 per $1,000 of assets in excess of $500,000,000 (2) The Director shall review the regulatory fee schedule in subsection (1) and the projected earnings on those fees on an annual basis and adjust the fee schedule no more than 5% annually if necessary to defray the estimated administrative and operational expenses of the Department as defined in subsection (5).

The Director shall provide credit unions with written notice of any adjustment made in the regulatory fee SB0661 Enrolled - 31 - LRB094 04399 RCE 34428 b schedule.

(3) Not later than March 1 of each calendar year, a credit union shall pay to the Department a regulatory fee for that calendar year in accordance with the regulatory fee schedule in subsection (1), on the basis of assets as of the Year-end Call Report of the preceding year.

The regulatory fee shall not be less than $100 or more than $187,500, provided that the regulatory fee cap of $187,500 shall be adjusted to incorporate the same percentage increase as the Director makes in the regulatory fee schedule from time to time under subsection (2).

No regulatory fee shall be collected from a credit union until it has been in operation for one year.

(4) The aggregate of all fees collected by the Department under this Act shall be paid promptly after they are received, accompanied by a detailed statement thereof, into the State Treasury and shall be set apart in the Credit Union Fund, a special fund hereby created in the State treasury.

The amount from time to time deposited in the Credit Union Fund and shall be used to offset the ordinary administrative and operational expenses of the Department under this Act.

All earnings received from investments of funds in the Credit Union Fund shall be deposited into the Credit Union Fund and may be used for the same purposes as fees deposited into that Fund.

Moneys in the Credit Union Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(5) The administrative and operational expenses for any calendar year shall mean the ordinary and contingent expenses for that year incidental to making the examinations provided for by, and for administering, this Act, including all salaries and other compensation paid for personal services rendered for the State by officers or employees of the State to enforce this Act;

all expenditures for telephone and telegraph charges, postage and postal charges, office supplies and services, furniture and equipment, office space and maintenance thereof, SB0661 Enrolled - 32 - LRB094 04399 RCE 34428 b travel expenses and other necessary expenses;

all to the extent that such expenditures are directly incidental to such examination or administration.

(6) When the aggregate of all fees collected by the Department under this Act and all earnings thereon for any calendar year exceeds 150% of the total administrative and operational expenses under this Act for that year, such excess shall be credited to credit unions and applied against their regulatory fees for the subsequent year.

The amount credited to a credit union shall be in the same proportion as the fee paid by such credit union for the calendar year in which the excess is produced bears to the aggregate of the fees collected by the Department under this Act for the same year.

(7) Examination fees for the year 2000 statutory examinations paid pursuant to the examination fee schedule in effect at that time shall be credited toward the regulatory fee to be assessed the credit union in calendar year 2001.

(8) Nothing in this Act shall prohibit the General Assembly from appropriating funds to the Department from the General Revenue Fund for the purpose of administering this Act.

(Source:

P.A.

92-293, eff.

8-9-01;

93-32, eff.

7-1-03;

93-652, eff.

1-8-04.) Section 13-30.

The Pawnbroker Regulation Act is amended by changing Section 0.05 as follows:

(205 ILCS 510/0.05) Sec.

0.05.

Administration of Act.

(a) This Act shall be administered by the Commissioner of Banks and Real Estate who shall have all of the following powers and duties in administering this Act:

(1) To promulgate reasonable rules for the purpose of administering the provisions of this Act.

(2) To issue orders for the purpose of administering the provisions of this Act and any rule promulgated in accordance with this Act.

SB0661 Enrolled - 33 - LRB094 04399 RCE 34428 b (3) To appoint hearing officers and to hire employees or to contract with appropriate persons to execute any of the powers granted to the Commissioner under this Section for the purpose of administering this Act and any rule promulgated in accordance with this Act.

(4) To subpoena witnesses, to compel their attendance, to administer an oath, to examine any person under oath, and to require the production of any relevant books, papers, accounts, and documents in the course of and pursuant to any investigation being conducted, or any action being taken, by the Commissioner in respect of any matter relating to the duties imposed upon, or the powers vested in, the Commissioner under the provisions of this Act or any rule promulgated in accordance with this Act.

(5) To conduct hearings.

(6) To impose civil penalties graduated up to $1,000 against any person for each violation of any provision of this Act, any rule promulgated in accordance with this Act, or any order of the Commissioner based upon the seriousness of the violation.

(6.5) To initiate, through the Attorney General, injunction proceedings whenever it appears to the Commissioner that any person, whether licensed under this Act or not, is engaged or about to engage in an act or practice that constitutes or will constitute a violation of this Act or any rule prescribed under the authority of this Act.

The Commissioner may, in his or her discretion, through the Attorney General, apply for an injunction, and upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Act in addition to the penalties and other remedies provided for in this Act.

(7) To issue a cease and desist order and, for violations of this Act, any order issued by the Commissioner pursuant to this Act, any rule promulgated in SB0661 Enrolled - 34 - LRB094 04399 RCE 34428 b accordance with this Act, or any other applicable law in connection with the operation of a pawnshop, to suspend a license issued under this Act for up to 30 days.

(8) To determine compliance with applicable law and rules related to the operation of pawnshops and to verify the accuracy of reports filed with the Commissioner, the Commissioner, not more than one time every 2 years, may, but is not required to, conduct a routine examination of a pawnshop, and in addition, the Commissioner may examine the affairs of any pawnshop at any time if the Commissioner has reasonable cause to believe that unlawful or fraudulent activity is occurring, or has occurred, therein.

(9) In response to a complaint, to address any inquiries to any pawnshop in relation to its affairs, and it shall be the duty of the pawnshop to promptly reply in writing to such inquiries.

The Commissioner may also require reports or information from any pawnshop at any time the Commissioner may deem desirable.

(10) To revoke a license issued under this Act if the Commissioner determines that (a) a licensee has been convicted of a felony in connection with the operations of a pawnshop;

(b) a licensee knowingly, recklessly, or continuously violated this Act, a rule promulgated in accordance with this Act, or any order of the Commissioner;

(c) a fact or condition exists that, if it had existed or had been known at the time of the original application, would have justified license refusal;

or (d) the licensee knowingly submits materially false or misleading documents with the intent to deceive the Commissioner or any other party.

(11) Following license revocation, to take possession and control of a pawnshop for the purpose of examination, reorganization, or liquidation through receivership and to appoint a receiver, which may be the Commissioner, a pawnshop, or another suitable person.

(b) After consultation with local law enforcement SB0661 Enrolled - 35 - LRB094 04399 RCE 34428 b officers, the Attorney General, and the industry, the Commissioner may by rule require that pawnbrokers operate video camera surveillance systems to record photographic representations of customers and retain the tapes produced for up to 30 days.

(c) Pursuant to rule, the Commissioner shall issue licenses on an annual or multi-year basis for operating a pawnshop.

Any person currently operating or who has operated a pawnshop in this State during the 2 years preceding the effective date of this amendatory Act of 1997 shall be issued a license upon payment of the fee required under this Act.

New applicants shall meet standards for a license as established by the Commissioner.

Except with the prior written consent of the Commissioner, no individual, either a new applicant or a person currently operating a pawnshop, may be issued a license to operate a pawnshop if the individual has been convicted of a felony or of any criminal offense relating to dishonesty or breach of trust in connection with the operations of a pawnshop.

The Commissioner shall establish license fees.

The fees shall not exceed the amount reasonably required for administration of this Act.

It shall be unlawful to operate a pawnshop without a license issued by the Commissioner.

(d) In addition to license fees, the Commissioner may, by rule, establish fees in connection with a review, approval, or provision of a service, and levy a reasonable charge to recover the cost of the review, approval, or service (such as a change in control, change in location, or renewal of a license).

The Commissioner may also levy a reasonable charge to recover the cost of an examination if the Commissioner determines that unlawful or fraudulent activity has occurred.

The Commissioner may require payment of the fees and charges provided in this Act by certified check, money order, an electronic transfer of funds, or an automatic debit of an account.

(e) The Pawnbroker Regulation Fund is established as a special fund in the State treasury.

Moneys collected under this Act shall be deposited into the Fund and used for the SB0661 Enrolled - 36 - LRB094 04399 RCE 34428 b administration of this Act.

In the event that General Revenue Funds are appropriated to the Office of the Commissioner of Banks and Real Estate for the initial implementation of this Act, the Governor may direct the repayment from the Pawnbroker Regulation Fund to the General Revenue Fund of such advance in an amount not to exceed $30,000.

The Governor may direct this interfund transfer at such time as he deems appropriate by giving appropriate written notice.

Moneys in the Pawnbroker Regulation Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(f) The Commissioner may, by rule, require all pawnshops to provide for the expenses that would arise from the administration of the receivership of a pawnshop under this Act through the assessment of fees, the requirement to pledge surety bonds, or such other methods as determined by the Commissioner.

(g) All final administrative decisions of the Commissioner under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law.

For matters involving administrative review, venue shall be in either Sangamon County or Cook County.

(Source:

P.A.

92-215, eff.

8-2-01.) Section 13-35.

The Transmitters of Money Act is amended by changing Section 93 as follows:

(205 ILCS 657/93) Sec.

93.

Consumer Protection Fund.

(a) A special income-earning fund is hereby created in the State treasury, known as the TOMA Consumer Protection Fund.

(b) All moneys paid into the fund together with all accumulated undistributed income thereon shall be held as a special fund in the State treasury.

The fund shall be used solely for the purpose of providing restitution to consumers SB0661 Enrolled - 37 - LRB094 04399 RCE 34428 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 restitution has been ordered by the Director.

Restitution shall not exceed the amount actually lost by the consumer.

The fund shall not be used for the payment of any attorney or other fees.

(d) The fund shall be subrogated to the amount of the restitution, and the Director shall request the Attorney General to engage in all reasonable collection steps to collect restitution from the party responsible for the loss and reimburse the fund.

(e) Notwithstanding any other provisions of this Section, the payment of restitution from the fund shall be a matter of grace and not of right, and no consumer shall have any vested rights in the fund as a beneficiary or otherwise.

Before seeking restitution from the fund, the consumer or beneficiary seeking payment of restitution shall apply for restitution on a form provided by the Director.

The form shall include any information the Director may reasonably require in order to determine that restitution is appropriate.

(f) Notwithstanding any other provision of this Section, moneys in the TOMA Consumer Protection Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source:

P.A.

93-535, eff.

1-1-04.) Section 13-40.

The Illinois Insurance Code is amended by changing Sections 408.3 and 511.111 as follows:

(215 ILCS 5/408.3) (from Ch.

73, par.

1020.3) Sec.

408.3.

Insurance Financial Regulation Fund;

uses.

The monies deposited into the Insurance Financial Regulation Fund shall be used only for (i) payment of the expenses of the Department, including related administrative expenses, SB0661 Enrolled - 38 - LRB094 04399 RCE 34428 b incurred in analyzing, investigating and examining the financial condition or control of insurance companies and other entities licensed or seeking to be licensed by the Department, including the collection, analysis and distribution of information on insurance premiums, other income, costs and expenses, and (ii) to pay internal costs and expenses of the Interstate Insurance Receivership Commission allocated to this State and authorized and admitted companies doing an insurance business in this State under Article X of the Interstate Receivership Compact.

All distributions and payments from the Insurance Financial Regulation Fund shall be subject to appropriation as otherwise provided by law for payment of such expenses.

Sums appropriated under clause (ii) of the preceding paragraph shall be deemed to satisfy, pro tanto, the obligations of insurers doing business in this State under Article X of the Interstate Insurance Receivership Compact.

Nothing in this Code shall prohibit the General Assembly from appropriating funds from the General Revenue Fund to the Department for the purpose of administering this Code.

No fees collected pursuant to Section 408 of this Code shall be used for the regulation of pension funds or activities by the Department in the performance of its duties under Article 22 of the Illinois Pension Code.

If at the end of a fiscal year the balance in the Insurance Financial Regulation Fund which remains unexpended or unobligated exceeds the amount of funds that the Director may certify is needed for the purposes enumerated in this Section, then the General Assembly may appropriate that excess amount for purposes other than those enumerated in this Section.

Moneys in the Insurance Financial Regulation Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source:

P.A.

89-247, eff.

1-1-96;

90-372, eff.

7-1-98.) SB0661 Enrolled - 39 - LRB094 04399 RCE 34428 b (215 ILCS 5/511.111) (from Ch.

73, par.

1065.58-111) Sec.

511.111.

Insurance Producer Administration Fund.

All fees and fines paid to and collected by the Director under this Article shall be paid promptly after receipt thereof, together with a detailed statement of such fees, into a special fund in the State Treasury to be known as the Insurance Producer Administration Fund.

The monies deposited into the Insurance Producer Administration Fund shall be used only for payment of the expenses of the Department and shall be appropriated as otherwise provided by law for the payment of such expenses.

Moneys in the Insurance Producers Administration Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source:

P.A.

84-887.) Section 13-45.

The Auction License Act is amended by changing Section 30-15 as follows:

(225 ILCS 407/30-15) (Section scheduled to be repealed on January 1, 2010) Sec.

30-15.

Auction Regulation Administration Fund.

A special fund to be known as the Auction Regulation Administration Fund is created in the State Treasury.

All fees received by the OBRE under this Act shall be deposited into the Auction Regulation Administration Fund.

Subject to appropriation, the moneys deposited into the Auction Regulation Administration Fund shall be used by the OBRE for the administration of this Act.

Moneys in the Auction Regulation Administration Fund may be invested and reinvested in the same manner as authorized for pension funds in Article 14 of the Illinois Pension Code.

All earnings, interest, and dividends received from investment of funds in the Auction Regulation Administration Fund shall be deposited into the SB0661 Enrolled - 40 - LRB094 04399 RCE 34428 b Auction Regulation Administration Fund and shall be used for the same purposes as other moneys deposited in the Auction Regulation Administration Fund.

This fund shall be created on July 1, 1999.

The State Treasurer shall cause a transfer of $300,000 to the Auction Regulation Administration Fund from the Real Estate License Administration Fund on August 1, 1999.

The State Treasurer shall cause a transfer of $200,000 on August 1, 2000 and a transfer of $100,000 on January 1, 2002 from the Auction Regulation Administration Fund to the Real Estate License Administration Fund, or if there is a sufficient fund balance in the Auction Regulation Administration Fund to properly administer this Act, the OBRE may recommend to the State Treasurer to cause a transfer from the Auction Regulation Administration Fund to the Real Estate License Administration Fund on a date and in an amount which is accelerated, but not less than set forth in this Section.

In addition to the license fees required under this Act, each initial applicant for licensure under this Act shall pay to the OBRE an additional $100 for deposit into the Auction Regulation Administration Fund for a period of 2 years or until such time the original transfer amount to the Auction Regulation Administration Fund from the Real Estate License Administration Fund is repaid.

Moneys in the Auction Regulation Administration Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

Upon completion of any audit of the OBRE as prescribed by the Illinois State Auditing Act, which includes an audit of the Auction Regulation Administration Fund, the OBRE shall make the audit open to inspection by any interested party.

(Source:

P.A.

91-603, eff.

8-16-99.) Section 13-50.

The Home Inspector License Act is amended by changing Section 25-5 as follows:

SB0661 Enrolled - 41 - LRB094 04399 RCE 34428 b (225 ILCS 441/25-5) (Section scheduled to be repealed on January 1, 2012) Sec.

25-5.

Home Inspector Administration Fund;

surcharge.

(a) The Home Inspector Administration Fund is created as a special fund in the State Treasury.

All fees, fines, and penalties received by OBRE under this Act shall be deposited into the Home Inspector Administration Fund.

All earnings attributable to investment of funds in the Home Inspector Administration Fund shall be credited to the Home Inspector Administration Fund.

Subject to appropriation, the moneys in the Home Inspector Administration Fund shall be appropriated to OBRE for the expenses incurred by OBRE and the Board in the administration of this Act.

(b) The State Comptroller and State Treasurer shall transfer $150,000 from the Real Estate License Administration Fund to the Home Inspector Administration Fund on July 1, 2002.

The State Treasurer shall transfer $50,000 from the Home Inspector Administration Fund to the Real Estate License Administration Fund on July 1, 2003, July 1, 2004, and July 1, 2005;

except that if there is a sufficient fund balance in the Home Inspector Administration Fund, the Commissioner may recommend the acceleration of any of these repayment transfers to the State Comptroller and State Treasurer, who may, in their discretion, accelerate the transfers in accordance with the Commissioner’s recommendation.

(c) Until a total of $150,000 has been transferred to the Real Estate License Administration Fund from the Home Inspector Administration Fund under subsection (b), each initial applicant for a license under this Act shall pay to OBRE a surcharge of $150 in addition to the license fees otherwise required under this Act.

(c-5) Moneys in the Home Inspection Administration Fund may be transferred to the Professions Indirect Cost Fund, as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of SB0661 Enrolled - 42 - LRB094 04399 RCE 34428 b Illinois.

(d) Upon the completion of any audit of OBRE, as prescribed by the Illinois State Auditing Act, that includes an audit of the Home Inspector Administration Fund, OBRE shall make the audit report open to inspection by any interested person.

(Source:

P.A.

92-239, eff.

8-3-01.) Section 13-55.

The Real Estate License Act of 2000 is amended by changing Sections 25-25, 25-30, and 25-37 as follows:

(225 ILCS 454/25-25) (Section scheduled to be repealed on January 1, 2010) Sec.

25-25.

Real Estate Research and Education Fund.

A special fund to be known as the Real Estate Research and Education Fund is created and shall be held in trust in the State Treasury.

Annually, on September 15th, the State Treasurer shall cause a transfer of $125,000 to the Real Estate Research and Education Fund from the Real Estate License Administration Fund.

The Real Estate Research and Education Fund shall be administered by OBRE.

Money deposited in the Real Estate Research and Education Fund may be used for research and education at state institutions of higher education or other organizations for research and the advancement of education in the real estate industry.

Of the $125,000 annually transferred into the Real Estate Research and Education Fund, $15,000 shall be used to fund a scholarship program for persons of minority racial origin who wish to pursue a course of study in the field of real estate.

For the purposes of this Section, "course of study" means a course or courses that are part of a program of courses in the field of real estate designed to further an individual’s knowledge or expertise in the field of real estate.

These courses shall include without limitation courses that a salesperson licensed under this Act must complete to qualify for a real estate broker’s license, courses required to obtain the Graduate Realtors Institute designation, and any SB0661 Enrolled - 43 - LRB094 04399 RCE 34428 b other courses or programs offered by accredited colleges, universities, or other institutions of higher education in Illinois.

The scholarship program shall be administered by OBRE or its designee.

Moneys in the Real Estate Research and Education Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund and all earnings, interest, and dividends received from such investments shall be deposited in the Real Estate Research and Education Fund and may be used for the same purposes as moneys transferred to the Real Estate Research and Education Fund.

Moneys in the Real Estate Research and Education Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source:

P.A.

91-245, eff.

12-31-99.) (225 ILCS 454/25-30) (Section scheduled to be repealed on January 1, 2010) Sec.

25-30.

Real Estate License Administration Fund;

audit.

A special fund to be known as the Real Estate License Administration Fund is created in the State Treasury.

All fees received by OBRE under this Act shall be deposited in the Real Estate License Administration Fund.

The moneys deposited in the Real Estate License Administration Fund shall be appropriated to OBRE for expenses of OBRE and the Board in the administration of this Act and for the administration of any Act administered by OBRE providing revenue to this Fund.

Moneys in the Real Estate License Administration Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund.

All earnings received from such investment shall be deposited in the Real Estate License Administration Fund and may be used for the same purposes as fees deposited in the Real Estate License Administration Fund.

Moneys in the Real Estate License Administration Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of SB0661 Enrolled - 44 - LRB094 04399 RCE 34428 b the Civil Administrative Code of Illinois.

Upon the completion of any audit of OBRE, as prescribed by the Illinois State Auditing Act, which includes an audit of the Real Estate License Administration Fund, OBRE shall make the audit open to inspection by any interested person.

(Source:

P.A.

91-245, eff.

12-31-99.) (225 ILCS 454/25-37) (Section scheduled to be repealed on January 1, 2010) Sec.

25-37.

Real Estate Audit Fund;

audit of special accounts;

audit of fund.

(a) A special fund to be known as the Real Estate Audit Fund is created in the State Treasury.

The State Treasurer shall cause a transfer of $200,000 from the Real Estate License Administration Fund to the Real Estate Audit Fund on January 1, 2002.

If, at any time, the balance in the Real Estate Audit Fund is less than $25,000, the State Treasurer shall cause a transfer of $200,000 from the Real Estate License Administration Fund to the Real Estate Audit Fund.

The moneys held in the Real Estate Audit Fund shall be used exclusively by OBRE to conduct audits of special accounts of moneys belonging to others held by a broker.

(b) Upon receipt of a complaint or evidence by OBRE sufficient to cause OBRE to reasonably believe that funds required to be maintained in a special account by a broker have been misappropriated, the broker shall, within 30 days of written notice, submit to an audit of all special accounts.

Such audit shall be performed by a licensed certified public accountant, shall result in a written report by the accountant, and shall specifically refer to the escrow and record-keeping requirements of this Act and the rules adopted under this Act.

If it is found, pursuant to an order issued by the Commissioner, that moneys required to be maintained in a special account by a broker were misappropriated, as further defined by rule, the broker shall reimburse OBRE, in addition to any other discipline or civil penalty imposed, for the cost SB0661 Enrolled - 45 - LRB094 04399 RCE 34428 b of the audit performed pursuant to this Section.

OBRE may file in circuit court for a judgment to enforce the collection of the reimbursement of the cost of such audit.

Any reimbursement collected by OBRE shall be deposited into the Real Estate Audit Fund.

(c) Moneys in the Real Estate Audit Fund may be invested and reinvested in the same manner as funds in the Real Estate Recovery Fund.

All earnings received from such investment shall be deposited in the Real Estate Audit Fund and may be used for the same purpose as other moneys deposited in the Real Estate Audit Fund.

Moneys in the Real Estate Audit Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

Upon completion of any audit of OBRE, prescribed by the Illinois State Auditing Act, which includes an audit of the Real Estate Audit Fund, OBRE shall make the audit open to inspection by any interested person.

(Source:

P.A.

92-217, eff.

8-2-01.) Section 13-60.

The Real Estate Appraiser Licensing Act of 2002 is amended by changing Section 25-5 as follows:

(225 ILCS 458/25-5) (Section scheduled to be repealed on January 1, 2012) Sec.