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92nd General Assembly

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Public Act 92-0700

HB5839 Enrolled                                LRB9214017JSpc

    AN ACT concerning financial institutions.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  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  salaries,
retirement, social  security,  and  State-paid  insurance  of
State  officers  by  appropriation  from  the General Revenue
Fund.
    (b)  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.
    (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. 88-579, eff. 8-12-94; 89-508, eff. 7-3-96.)
    Section 10.  The Savings Bank Act is amended by  changing
Section 6013 as follows:

    (205 ILCS 205/6013) (from Ch. 17, par. 7306-13)
    Sec. 6013. Loans to one borrower.
    (a)  Except  as  provided  in  subsection  (c), the total
loans and extensions of credit, both direct and indirect,  by
a  savings  bank  to  any  person,  other  than  a  municipal
corporation for money borrowed, outstanding at one time shall
not  exceed  25% 20% of the savings bank's total capital plus
general loan loss reserves.
    (b)  Except as provided  in  subsection  (c),  the  total
loans  and extensions of credit, both direct and indirect, by
a savings bank to any person outstanding at one time  and  at
least  100% secured by readily marketable collateral having a
market value, as  determined  by  reliable  and  continuously
available  price  quotations,  shall  not  exceed  10% of the
savings bank's total capital plus general loan loss reserves.
This limitation shall be separate from and in addition to the
limitation contained in subsection (a).
    (c)  If the limit under subsection (a) or  (b)  on  total
loans  to  one borrower is less than $500,000, a savings bank
that meets its minimum capital requirement under this Act may
have loan and extensions of credit, both direct and indirect,
outstanding to any person at one time not to exceed $500,000.
With the  prior  written  approval  of  the  Commissioner,  a
savings  bank  that has capital in excess of 6% of assets may
make loans and extensions of credit to one borrower  for  the
development  of residential housing properties, located or to
be located in this State, not to exceed 30%  of  the  savings
bank's total capital plus general loan loss reserves.
    (d)  For  purposes  of  this  Section,  the term "person"
shall be deemed to include an individual, firm,  corporation,
business  trust,  partnership,  trust,  estate,  association,
joint   venture,   pool,   syndicate,   sole  proprietorship,
unincorporated association, any political subdivision, or any
similar entity or organization.
    (e)  For  the  purposes  of  this  Section  any  loan  or
extension of credit granted to one person,  the  proceeds  of
which  are  used  for  the direct benefit of a second person,
shall be deemed a loan or extension of credit to  the  second
person  as  well as the first person.  In addition, a loan or
extension of credit to one person shall be deemed a  loan  or
extension of credit to others when a common enterprise exists
between the first person and such other persons.
    (f)  For   the   purposes  of  this  Section,  the  total
liabilities of a firm, partnership, pool, syndicate, or joint
venture shall include the liabilities of the members  of  the
entity.
    (g)  For  the purposes of this Section, the term "readily
marketable collateral" means financial instruments or bullion
that are salable under ordinary circumstances with reasonable
promptness at  a  fair  market  value  on  an  auction  or  a
similarly   available   daily   bid-and-ask   price   market.
"Financial   instruments"   include   stocks,  bonds,  notes,
debentures traded on a national exchange or over the counter,
commercial  paper,  negotiable   certificates   of   deposit,
bankers'  acceptances,  and  shares in money market or mutual
funds.
    (h)  Each   savings   bank   shall   institute   adequate
procedures  to  ensure  that  collateral  fully  secures  the
outstanding loan or extension of credit at all times.
    (i)  If  collateral  values  fall  below  100%   of   the
outstanding  loan  or  extension of credit to the extent that
the loan or extension of credit no longer is  in  conformance
with  subsection  (b)  and  exceeds the 25% 20% limitation of
subsection (a), the loan must  be  brought  into  conformance
with  this  Section  within  5  business  days  except  where
judicial   proceedings   or   other   similar   extraordinary
occurrences prevent the savings bank from taking action.
    (j)  This  Section shall not apply to loans or extensions
of credit to the United States of America or its agencies  or
this  State  or  its  agencies or to any loan, investment, or
extension of credit made pursuant to  Section  6003  of  this
Act.
    (k)  This  Section  does  not apply to the obligations as
endorser, whether with or without recourse, or as  guarantor,
whether   conditional  or  unconditional,  of  negotiable  or
nonnegotiable  installment  consumer  paper  of  the   person
transferring the same if the bank's files or the knowledge of
its  officers  of  the  financial  condition of each maker of
those obligations is reasonably adequate and if an officer of
the bank,  designated  for  that  purpose  by  the  board  of
directors  of  the bank, certifies that the responsibility of
each maker of the obligations has been evaluated and that the
bank is relying primarily upon each maker for the payment  of
the  obligations.   The certification shall be in writing and
shall be retained as part of the records of the bank.
    (l)  The Commissioner may prescribe rules  to  carry  out
the  purposes  of  this  Section  and  to establish limits or
requirements other than those specified in this  Section  for
particular types of loans and extensions of credit.
(Source: P.A. 92-483, eff. 8-23-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 08, 2002.
    Approved July 19, 2002.
    Effective July 19, 2002.

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