Sen. Christopher Belt

Filed: 4/5/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3235

2    AMENDMENT NO. ______. Amend Senate Bill 3235 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Commission on Equity and Inclusion Act is
5amended by changing Section 40-10 as follows:
 
6    (30 ILCS 574/40-10)
7    Sec. 40-10. Powers and duties. In addition to the other
8powers and duties which may be prescribed in this Act or
9elsewhere, the Commission shall have the following powers and
10duties:
11        (1) The Commission shall have a role in all State and
12    university procurement by facilitating and streamlining
13    communications between the Business Enterprise Council for
14    Minorities, Women, and Persons with Disabilities, the
15    purchasing entities, the Chief Procurement Officers, and
16    others.

 

 

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1        (2) The Commission may create a scoring evaluation for
2    State agency directors, public university presidents and
3    chancellors, and public community college presidents. The
4    scoring shall be based on the following 3 principles: (i)
5    increasing capacity; (ii) growing revenue; and (iii)
6    enhancing credentials. These principles should be the
7    foundation of the agency compliance plan required under
8    Section 6 of the Business Enterprise for Minorities,
9    Women, and Persons with Disabilities Act.
10        (3) The Commission shall exercise the authority and
11    duties provided to it under Section 5-7 of the Illinois
12    Procurement Code.
13        (4) The Commission, working with State agencies, shall
14    provide support for diversity in State hiring.
15        (5) The Commission shall oversee the implementation of
16    diversity training of the State workforce.
17        (6) Each January, and as otherwise frequently as may
18    be deemed necessary and appropriate by the Commission, the
19    Commission shall propose and submit to the Governor and
20    the General Assembly legislative changes to increase
21    inclusion and diversity in State government.
22        (7) The Commission shall have oversight over the
23    following entities:
24            (A) the Illinois African-American Family
25        Commission;
26            (B) the Illinois Latino Family Commission;

 

 

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1            (C) the Asian American Family Commission;
2            (D) the Illinois Muslim American Advisory Council;
3            (E) the Illinois African-American Fair Contracting
4        Commission created under Executive Order 2018-07; and
5            (F) the Business Enterprise Council for
6        Minorities, Women, and Persons with Disabilities.
7        (8) The Commission shall adopt any rules necessary for
8    the implementation and administration of the requirements
9    of this Act.
10        (9) The Commission shall exercise the authority and
11    duties provided to it under Section 45-57 of the Illinois
12    Procurement Code.
13        (10) The Commission is responsible for completing
14    disparity studies as required by Section 35-15 of the
15    Illinois Community Reinvestment Act.
16(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
17102-671, eff. 11-30-21.)
 
18    Section 10. The Illinois Community Reinvestment Act is
19amended by changing Sections 35-5 and 35-15 as follows:
 
20    (205 ILCS 735/35-5)
21    Sec. 35-5. Definitions. As used in this Act:
22    "Commission" means the Commission on Equity and Inclusion.
23    "Covered financial institution" means a bank chartered
24under the Illinois Banking Act, a savings bank chartered under

 

 

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1the Illinois Savings Bank Act, a credit union incorporated
2under the Illinois Credit Union Act, an entity licensed under
3the Illinois Residential Mortgage License Act of 1987 which
4lent or originated 50 or more residential mortgage loans in
5the previous calendar year, and any other financial
6institution under the jurisdiction of the Department as
7designated by rule by the Secretary.
8    "Department" means the Department of Financial and
9Professional Regulation.
10    "Division of Banking" means the Division of Banking within
11the Department.
12    "Division of Financial Institutions" means the Division of
13Financial Institutions within the Department.
14    "Protected characteristic" means any basis for which
15discrimination is prohibited by law, including, but not
16limited to, under the Illinois Human Rights Act, for which a
17covered financial institution is examined for compliance under
18this Act. "Protected characteristic" includes race, color,
19religion, national origin, ancestry, age, sex, marital status,
20order of protection status, disability, military status,
21sexual orientation, pregnancy, or unfavorable discharge from
22military service.
23    "Secretary" means the Secretary of Financial and
24Professional Regulation, or his or her designee, including the
25Director of the Division of Banking or the Director of the
26Division of Financial Institutions.

 

 

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1(Source: P.A. 101-657, eff. 3-23-21.)
 
2    (205 ILCS 735/35-15)
3    Sec. 35-15. Examinations.
4    (a) The Secretary shall have the authority to examine each
5covered financial institution for compliance with this Act, in
6consultation with State and federal regulators with an
7appropriate regulatory interest, for and in compliance with
8applicable State and federal fair lending laws, including, but
9not limited to, the Illinois Human Rights Act, the federal
10Equal Credit Opportunity Act, and the federal Home Mortgage
11Disclosure Act, as often as the Secretary deems necessary and
12proper. The Secretary may adopt rules with respect to the
13frequency and manner of examination including the imposition
14of examination fees. The Secretary shall appoint a suitable
15person to perform such examination. The Secretary and his or
16her appointees may examine the entire books, records,
17documents, and operations of each covered financial
18institution, its parent company, and its subsidiaries,
19affiliates, or agents, and may examine any of the covered
20financial institution's, its parent company's or its
21subsidiaries', affiliates', or agents' officers, directors,
22employees, and agents under oath. Any document or record
23prepared or obtained in connection with or relating to any
24such examination, and any record prepared or obtained by the
25Secretary to the extent that the record summarizes or contains

 

 

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1information derived from any document or record described in
2this subsection (a), shall not be disclosed to the public
3unless otherwise provided by this Act.
4    (b) Upon the completion of the examination of a covered
5financial institution under this Section, the Secretary shall
6prepare a written evaluation of the covered financial
7institution's record of performance relative to this Act. Each
8written evaluation required under this subsection (b) shall
9have a public section, which shall include no less information
10than would be disclosed in a written evaluation under the
11federal Community Reinvestment Act, and a confidential
12section. The Secretary shall give the covered financial
13institution an opportunity to comment on the evaluation, and
14then shall make the public section of the written evaluation
15open to public inspection upon request. The written evaluation
16shall include, but is not limited to:
17        (1) the assessment factors utilized to determine the
18    covered financial institution's descriptive rating;
19        (2) the Secretary's conclusions with respect to each
20    such assessment factor;
21        (3) a discussion of the facts supporting such
22    conclusions;
23        (4) the covered financial institution's descriptive
24    rating and the basis therefor; and
25        (5) a summary of public comments.
26    (c) Based upon the examination, the covered financial

 

 

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1institution shall be assigned one of the following ratings:
2        (1) outstanding record of performance in meeting its
3    community financial services needs;
4        (2) satisfactory record of performance in meeting its
5    community financial services needs;
6        (3) needs to improve record of performance in meeting
7    its community services needs; or
8        (4) substantial noncompliance in meeting its community
9    financial services needs.
10    (d) Notwithstanding the foregoing provisions of this
11Section, the Secretary may establish an alternative
12examination procedure for any covered financial institution,
13which, as of the most recent examination, has been assigned a
14rating of outstanding or satisfactory for its record of
15performance in meeting its community financial services needs.
16    (e) The Commission, subject to appropriation, shall retain
17qualified persons to design and conduct one or more disparity
18studies to prepare and report findings and conclusions to the
19members of the Commission and the Secretary to:
20        (1) identify and delineate geographies in Illinois
21    exhibiting significant disparities by protected
22    characteristics with respect to:
23            (A) access to financial products or services,
24        including, but not limited to, physical branches of
25        covered financial institutions; and
26            (B) lending and investments by covered financial

 

 

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1        institutions; and
2        (2) identify policies, procedures, patterns, or
3    practices that have or may have disparate impact or
4    discriminatory effects.
5    (f) The Commission shall consult with the Secretary in the
6design, implementation, and dissemination of the disparity
7studies, as well as for any other purpose deemed necessary by
8the Commission and Secretary, to ensure that the disparity
9studies are aligned with the purposes of this Act.
10    (g) The Secretary shall implement the findings,
11conclusions, and other results from the study into the
12examination process through rules adopted in accordance with
13the Illinois Administrative Procedure Act.
14    (h) The Commission shall update the disparity studies at
15least every 5 years, but may require the studies
to be updated
16more frequently at the Commission's discretion.
17    (i) The results of every disparity study performed under
18this Act shall be publicly available on the websites of the
19Commission and the Department.
20(Source: P.A. 101-657, eff. 3-23-21.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".