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Illinois General Assembly· SB 1301Governor Approved

FUNDS-COMMUNITY REINVESTMENT, the official text

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SB1301 Enrolled                     LRB104 08229 SPS 18279 b

1   AN ACT concerning State government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Deposit of State Moneys Act is amended by

5 changing Sections 16.1 and 16.3 as follows:

6   (15 ILCS 520/16.1) (from Ch. 130, par. 35.1)

7   Sec. 16.1. Depository reports. The State Treasurer may

8 request, at his discretion, a financial institution, as a

9 condition to serving as a State depository of public funds, to

10 submit to the State Treasurer a copy of the consolidated

11 report of condition and income required to be submitted on a

12 periodic basis to a State state or federal regulator of the

13 financial institution, and a copy of the financial

14 institution's Illinois Community Reinvestment Act statement

15 and examination, if available, and a copy of the financial

16 institution's federal Community Reinvestment Act of 1977

17 statement and examination, if available. Nothing in this

18 Section, however, shall require a financial institution to

19 submit any document or part thereof deemed to be confidential

20 by a State or federal regulator of the financial institution.

21 (Source: P.A. 87-510.)

22  (15 ILCS 520/16.3)
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1   Sec. 16.3. Consideration of financial institution's

2 commitment to its community.

3   (a) In addition to any other requirements of this Act, the

4 State Treasurer shall consider the financial institution's

5 record and current level of financial commitment to its local

6 community when deciding whether to deposit State funds in that

7 financial institution. The State Treasurer may consider

8 factors, including, but not necessarily limited to:

9   (1) for financial institutions subject to the federal

10  Community Reinvestment Act of 1977, the current and

11  historical ratings that the financial institution has

12  received, to the extent that those ratings are publicly

13  available, under the federal Community Reinvestment Act of

14  1977;

15  (1.5) for financial institutions subject to the

16  Illinois Community Reinvestment Act, the current and

17  historical ratings that the financial institution has

18  received under the Illinois Community Reinvestment Act, to

19  the extent that those ratings are publicly available;

20  (2) any changes in ownership, management, policies, or

21  practices of the financial institution that may affect the

22  level of the financial institution's commitment to its

23  community;

24  (3) the financial impact that the withdrawal or denial

25  of deposits of State funds might have on the financial

26  institution; and
    SB1301 Enrolled   -3-              LRB104 08229 SPS 18279 b

1   (4) the financial impact to the State as a result of

2   withdrawing State funds or refusing to deposit additional

3   State funds in the financial institution.

4   (a-5) Effective January 1, 2022, no State funds may be

5 deposited in a financial institution subject to the federal

6 Community Reinvestment Act of 1977 unless the institution has

7 a current rating of satisfactory or outstanding under the

8 Community Reinvestment Act of 1977.

9   (a-6) Effective January 1, 2026, no State funds may be

10 deposited in a financial institution subject to the Illinois

11 Community Reinvestment Act unless either (i) the institution

12 has a current rating of satisfactory or outstanding under the

13 Illinois Community Reinvestment Act at the time of deposit or

14 (ii) the Department of Financial and Professional Regulation

15 has not yet completed its initial examination of the

16 institution pursuant to the Illinois Community Reinvestment

17 Act. State funds that have been deposited may not be withdrawn

18 from a financial institution prior to the date of maturity

19 solely on the basis of a less than satisfactory rating under

20 the Illinois Community Reinvestment Act.

21  (a-10) When investing or depositing State funds, the State

22 Treasurer may give preference to financial institutions that

23 have a current rating of outstanding under the federal

24 Community Reinvestment Act of 1977 and the Illinois Community

25 Reinvestment Act.

26  (b) Nothing in this Section shall be construed as
    SB1301 Enrolled              -4-  LRB104 08229 SPS 18279 b

1 authorizing the State Treasurer to conduct an examination or
2 investigation of a financial institution or to receive
3 information that is not publicly available and the disclosure
4 of which is otherwise prohibited by law.
5 (Source: P.A. 101-657, eff. 3-23-21.)

6   Section 10. The Public Funds Investment Act is amended by

7 changing Section 8 as follows:

8   (30 ILCS 235/8)

9   Sec. 8. Consideration of financial institution's

10 commitment to its community.

11  (a) In addition to any other requirements of this Act, a

12 public agency shall consider the financial institution's

13 record and current level of financial commitment to its local

14 community when deciding whether to deposit public funds in

15 that financial institution. The public agency may consider

16 factors including, but not necessarily limited to:

17  (1) for financial institutions subject to the federal

18  Community Reinvestment Act of 1977, the current and

19  historical ratings that the financial institution has

20  received, to the extent that those ratings are publicly

21  available, under the federal Community Reinvestment Act of

22  1977;

23  (1.5) for financial institutions subject to the

24  Illinois Community Reinvestment Act, the current and
    SB1301 Enrolled       -5-           LRB104 08229 SPS 18279 b

1   historical ratings that the financial institution has

2   received under the Illinois Community Reinvestment Act, to

3   the extent that those ratings are publicly available;

4   (2) any changes in ownership, management, policies, or

5   practices of the financial institution that may affect the

6   level of the financial institution's commitment to its

7   community;

8   (3) the financial impact that the withdrawal or denial

9   of deposits of public funds might have on the financial

10  institution;

11  (4) the financial impact to the public agency as a

12  result of withdrawing public funds or refusing to deposit

13  additional public funds in the financial institution; and

14  (5) any additional burden on the resources of the

15  public agency that might result from ceasing to maintain

16  deposits of public funds at the financial institution

17  under consideration.

18  (a-5) Effective January 1, 2022, no public funds may be

19 deposited in a financial institution subject to the federal

20 Community Reinvestment Act of 1977 unless the institution has

21 a current rating of satisfactory or outstanding under the

22 Community Reinvestment Act of 1977.

23  (a-6) Effective January 1, 2026, no public funds may be

24 deposited in a financial institution subject to the Illinois

25 Community Reinvestment Act unless either (i) the institution

26 has a current rating of satisfactory or outstanding under the
    SB1301 Enrolled   -6-                 LRB104 08229 SPS 18279 b

1 Illinois Community Reinvestment Act at the time of deposit or

2 (ii) the Department of Financial and Professional Regulation

3 has not yet completed its initial examination of the

4 institution pursuant to the Illinois Community Reinvestment

5 Act. Public funds that have been deposited may not be

6 withdrawn from a financial institution prior to the date of

7 maturity solely on the basis of a less than satisfactory

8 rating under the Illinois Community Reinvestment Act.

9   (a-10) When investing or depositing public funds, the

10 public agency may give preference to financial institutions

11 that have a current rating of outstanding under the federal

12 Community Reinvestment Act of 1977 and the Illinois Community

13 Reinvestment Act.

14  (b) Nothing in this Section shall be construed as

15 authorizing the public agency to conduct an examination or

16 investigation of a financial institution or to receive

17 information that is not publicly available and the disclosure

18 of which is otherwise prohibited by law.

19 (Source: P.A. 101-657, eff. 3-23-21.)

20  Section 99. Effective date. This Act takes effect January

21 1, 2026.
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