093_HB0277eng

 
HB0277 Engrossed                     LRB093 05884 JLS 05977 b

 1        AN ACT concerning the deposit of state moneys.

 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    adding Section 16.3 as follows:

 6        (15 ILCS 520/16.3 new)
 7        Sec.  16.3.  Consideration  of  financial   institution's
 8    commitment to its community.
 9        (a)  In  addition  to any other requirements of this Act,
10    the State Treasurer is authorized to consider  the  financial
11    institution's   record   and   current   level  of  financial
12    commitment to its local community when  deciding  whether  to
13    deposit State funds in that financial institution.  The State
14    Treasurer may consider factors including, but not necessarily
15    limited to:
16             (1)  for   financial  institutions  subject  to  the
17        federal Community Reinvestment Act of 1977,  the  current
18        and historical ratings that the financial institution has
19        received,  to  the extent that those ratings are publicly
20        available, under the federal Community  Reinvestment  Act
21        of 1977;
22             (2)  any changes in ownership, management, policies,
23        or practices of the financial institution that may affect
24        the  level  of  the financial institution's commitment to
25        its community;
26             (3)  the financial impact  that  the  withdrawal  or
27        denial  of  deposits  of  State  funds  might have on the
28        financial institution; and
29             (4)  the financial impact to the State as  a  result
30        of   withdrawing  State  funds  or  refusing  to  deposit
31        additional State funds in the financial institution.
 
HB0277 Engrossed            -2-      LRB093 05884 JLS 05977 b
 1        (b)  Nothing  in  this  Section  shall  be  construed  as
 2    authorizing the State Treasurer to conduct an examination  or
 3    investigation  of  a  financial  institution  or  to  receive
 4    information that is not publicly available and the disclosure
 5    of which is otherwise prohibited by law.

 6        Section  10.  The  Public Funds Investment Act is amended
 7    by adding Section 8 as follows:

 8        (30 ILCS 235/8 new)
 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  is  authorized  to  consider  the   financial
13    institution's   record   and   current   level  of  financial
14    commitment to its local community when  deciding  whether  to
15    deposit  public  funds  in  that  financial institution.  The
16    public  agency  may  consider  factors  including,  but   not
17    necessarily limited to:
18             (1)  for   financial  institutions  subject  to  the
19        federal Community Reinvestment Act of 1977,  the  current
20        and historical ratings that the financial institution has
21        received,  to  the extent that those ratings are publicly
22        available, under the federal Community  Reinvestment  Act
23        of 1977;
24             (2)  any changes in ownership, management, policies,
25        or practices of the financial institution that may affect
26        the  level  of  the financial institution's commitment to
27        its community;
28             (3)  the financial impact  that  the  withdrawal  or
29        denial  of  deposits  of  public  funds might have on the
30        financial institution;
31             (4)  the financial impact to the public agency as  a
32        result of withdrawing public funds or refusing to deposit
 
HB0277 Engrossed            -3-      LRB093 05884 JLS 05977 b
 1        additional public funds in the financial institution; and
 2             (5)  any  additional  burden on the resources of the
 3        public agency that might result from ceasing to  maintain
 4        deposits  of  public  funds  at the financial institution
 5        under consideration.
 6        (b)  Nothing  in  this  Section  shall  be  construed  as
 7    authorizing the public agency to conduct  an  examination  or
 8    investigation  of  a  financial  institution  or  to  receive
 9    information that is not publicly available and the disclosure
10    of which is otherwise prohibited by law.

11        Section  99.   Effective  date.  This Act takes effect on
12    July 1, 2004.