Illinois General Assembly - Full Text of HB1792
Illinois General Assembly

Previous General Assemblies

Full Text of HB1792  100th General Assembly




HB1792 EnrolledLRB100 08504 SMS 18627 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Credit Union Act is amended by
5changing Sections 2, 11, 19, 20, 34.1, 48, 53, 57, 59, and 64.7
6as follows:
7    (205 ILCS 305/2)  (from Ch. 17, par. 4403)
8    Sec. 2. Organization Procedure.
9    (1) Any 9 or more persons of legal age, the majority of
10whom shall be residents of the State of Illinois, who have a
11common bond referred to in Section 1.1 may organize a credit
12union or a central credit union by complying with this Section.
13    (2) The subscribers shall execute in duplicate Articles of
14Incorporation and agree to the terms thereof, which Articles
15shall state:
16        (a) The name, which shall include the words "credit
17    union" and which shall not be the same as that of any other
18    existing credit union in this state, and the location where
19    the proposed credit union is to have its principal place of
20    business;
21        (b) The common bond of the members of the credit union;
22        (c) The par value of the shares of the credit union,
23    which must be at least $1 $5.00;



HB1792 Enrolled- 2 -LRB100 08504 SMS 18627 b

1        (d) The names, addresses and Social Security numbers of
2    the subscribers to the Articles of Incorporation, and the
3    number and the value of shares subscribed to by each;
4        (e) That the credit union may exercise such incidental
5    powers as are necessary or requisite to enable it to carry
6    on effectively the purposes for which it is incorporated,
7    and those powers which are inherent in the credit union as
8    a legal entity;
9        (f) That the existence of the credit union shall be
10    perpetual.
11    (3) The subscribers shall prepare and adopt bylaws for the
12general government of the credit union, consistent with this
13Act, and execute same in duplicate.
14    (4) The subscribers shall forward the articles of
15incorporation and the bylaws to the Secretary in duplicate,
16along with the required charter fee. If they conform to the
17law, and such rules and regulations as the Secretary and the
18Director may prescribe, if the Secretary determines that a
19common bond exists, and that it is economically advisable to
20organize the credit union, he or she shall within 60 days issue
21a certificate of approval attached to the articles of
22incorporation and return a copy of the bylaws and the articles
23of incorporation to the applicants or their representative,
24which shall be preserved in the permanent files of the credit
25union. The subscribers shall file the certificate of approval,
26with the articles of incorporation attached, in the office of



HB1792 Enrolled- 3 -LRB100 08504 SMS 18627 b

1the recorder (or, if there is no recorder, in the office of the
2county clerk) of the county in which the credit union is to
3locate its principal place of business. The recorder or the
4county clerk, as the case may be, shall accept and record the
5documents if they are accompanied by the proper fee. When the
6documents are so recorded, the credit union is incorporated
7under this Act.
8    (5) The subscribers for a credit union charter shall not
9transact any business until the certificate of approval has
10been received.
11(Source: P.A. 97-133, eff. 1-1-12.)
12    (205 ILCS 305/11)  (from Ch. 17, par. 4412)
13    Sec. 11. Board of credit union advisors.
14    (1) There shall be a board of credit union advisors who
15shall consult with, advise, and make recommendations to the
16Governor and to the Secretary on matters pertaining to credit
17unions. The board of credit union advisors may also advise the
18Governor and Secretary upon appointments and employment of
19personnel in connection with the supervision and regulation of
20credit unions.
21    (2) The board of credit union advisors shall consist of 7
22persons with credit union experience who shall be appointed by
23the Governor. Appointments to the board shall be for terms of 3
24years each, except that initial appointments shall be: 3
25members for 3 years each; 3 members for 2 years each and 1



HB1792 Enrolled- 4 -LRB100 08504 SMS 18627 b

1member for 1 year.
2    (3) All members shall serve until their successors have
3been appointed and qualified. In the event a vacancy occurs,
4the appointment to fill such vacancy shall be made in the
5manner of original appointment, but only for the unexpired
7    (4) The chairman of the board of credit union advisors
8shall be elected annually by a majority of the board members at
9the first meeting of the board each year.
10    (5) The initial meeting of the board shall be called by the
11Secretary and thereafter regular meetings shall be held at such
12times and places as shall be determined by the Governor,
13chairman, or Secretary, but at least once each calendar year 6
14months. Special meetings may be called either by the Governor,
15the Secretary, the Director, the chairman, or by written notice
16sent by 2 or more members of the board. A majority of the
17members of the board shall constitute a quorum.
18    (6) The Department shall reimburse the board members for
19their actual and necessary travel and subsistence expenses.
20(Source: P.A. 97-133, eff. 1-1-12.)
21    (205 ILCS 305/19)  (from Ch. 17, par. 4420)
22    Sec. 19. Meeting of members.
23    (1) The annual meeting shall be held each year during the
24months of January, February or March or such other month as may
25be approved by the Department. The meeting shall be held at the



HB1792 Enrolled- 5 -LRB100 08504 SMS 18627 b

1time, place and in the manner set forth in the bylaws. Any
2special meetings of the members of the credit union shall be
3held at the time, place and in the manner set forth in the
4bylaws. Unless otherwise set forth in this Act, quorum
5requirements for meetings of members shall be established by a
6credit union in its bylaws. Notice of all meetings must be
7given by the secretary of the credit union at least 7 days
8before the date of such meeting, either by handing a written or
9printed notice to each member of the credit union, by mailing
10the notice to the member at his address as listed on the books
11and records of the credit union, or by posting a notice of the
12meeting in three conspicuous places, including the office of
13the credit union.
14    (2) On all questions and at all elections, except election
15of directors, each member has one vote regardless of the number
16of his shares. There shall be no voting by proxy except on the
17election of directors, proposals for merger or voluntary
18dissolution. Members may vote on questions and in elections by
19secure electronic record if approved by the board of directors.
20All voting on the election of directors shall be by ballot, but
21when there is no contest, written or electronic ballots need
22not be cast. The record date to be used for the purpose of
23determining which members are entitled to notice of or to vote
24at any meeting of members, may be fixed in advance by the
25directors on a date not more than 90 days nor less than 10 days
26prior to the date of the meeting. If no record date is fixed by



HB1792 Enrolled- 6 -LRB100 08504 SMS 18627 b

1the directors, the first day on which notice of the meeting is
2given, mailed or posted is the record date.
3    (3) Regardless of the number of shares owned by a society,
4association, club, partnership, other credit union or
5corporation, having membership in the credit union, it shall be
6entitled to only one vote and it may be represented and have
7its vote cast by its designated agent acting on its behalf
8pursuant to a resolution adopted by the organization's board of
9directors or similar governing authority; provided that the
10credit union shall obtain a certified copy of such resolution
11before such vote may be cast.
12    (4) A member may revoke a proxy by delivery to the credit
13union of a written statement to that effect, by execution of a
14subsequently dated proxy, by execution of a secure electronic
15record, or by attendance at a meeting and voting in person.
16    (5) As used in this Section, "electronic" and "electronic
17record" have the meanings ascribed to those terms in the
18Electronic Commerce Security Act. As used in this Section,
19"secured electronic record" means an electronic record that
20meets the criteria set forth in Section 10-105 of the
21Electronic Commerce Security Act.
22(Source: P.A. 96-963, eff. 7-2-10; 97-133, eff. 1-1-12.)
23    (205 ILCS 305/20)  (from Ch. 17, par. 4421)
24    Sec. 20. Election or appointment of officials.
25    (1) The credit union shall be directed by a board of



HB1792 Enrolled- 7 -LRB100 08504 SMS 18627 b

1directors consisting of no less than 7 in number, to be elected
2at the annual meeting by and from the members. Directors shall
3hold office until the next annual meeting, unless their terms
4are staggered. Upon amendment of its bylaws, a credit union may
5divide the directors into 2 or 3 classes with each class as
6nearly equal in number as possible. The term of office of the
7directors of the first class shall expire at the first annual
8meeting after their election, that of the second class shall
9expire at the second annual meeting after their election, and
10that of the third class, if any, shall expire at the third
11annual meeting after their election. At each annual meeting
12after the classification, the number of directors equal to the
13number of directors whose terms expire at the time of the
14meeting shall be elected to hold office until the second
15succeeding annual meeting if there are 2 classes or until the
16third succeeding annual meeting if there are 3 classes. A
17director shall hold office for the term for which he or she is
18elected and until his or her successor is elected and
20    (1.5) Except as provided in subsection (1.10), in all
21elections for directors, every member has the right to vote, in
22person, or by proxy, or by secure electronic record if approved
23by the board of directors, the number of shares owned by him,
24or in the case of a member other than a natural person, the
25member's one vote, for as many persons as there are directors
26to be elected, or to cumulate such shares, and give one



HB1792 Enrolled- 8 -LRB100 08504 SMS 18627 b

1candidate as many votes as the number of directors multiplied
2by the number of his shares equals, or to distribute them on
3the same principle among as many candidates as he may desire
4and the directors shall not be elected in any other manner.
5Shares held in a joint account owned by more than one member
6may be voted by any one of the members, however, the number of
7cumulative votes cast may not exceed a total equal to the
8number of shares multiplied by the number of directors to be
9elected. A majority of the shares entitled to vote shall be
10represented either in person or by proxy for the election of
11directors. Each director shall wholly take and subscribe to an
12oath that he will diligently and honestly perform his duties in
13administering the affairs of the credit union, that while he
14may delegate to another the performance of those administrative
15duties he is not thereby relieved from his responsibility for
16their performance, that he will not knowingly violate or permit
17to be violated any law applicable to the credit union, and that
18he is the owner of at least one share of the credit union.
19    (1.10) Upon amendment of a credit union's bylaws approved
20by the members, in all elections for directors, every member
21who is a natural person shall have the right to cast one vote,
22regardless of the number of his or her shares, in person, or by
23proxy, or by secure electronic record if approved by the board
24of directors, for as many persons as there are directors to be
26    (1.15) If the board of directors has adopted a policy



HB1792 Enrolled- 9 -LRB100 08504 SMS 18627 b

1addressing age eligibility standards on voting, holding
2office, or petitioning the board, then a credit union may
3require (i) that members be at least 18 years of age by the
4date of the meeting in order to vote at meetings of the
5members, sign nominating petitions, or sign petitions
6requesting special meetings, and (ii) that members be at least
718 years of age by the date of election or appointment in order
8to hold elective or appointive office.
9    (2) The board of directors shall appoint from among the
10members of the credit union, a supervisory committee of not
11less than 3 members at the organization meeting and within 30
12days following each annual meeting of the members for such
13terms as the bylaws provide. Members of the supervisory
14committee may, but need not be, on the board of directors, but
15shall not be officers of the credit union, members of the
16credit committee, or the credit manager if no credit committee
17has been appointed.
18    (3) The board of directors may appoint, from among the
19members of the credit union, a credit committee consisting of
20an odd number, not less than 3 for such terms as the bylaws
21provide. Members of the credit committee may, but need not be,
22directors or officers of the credit union, but shall not be
23members of the supervisory committee.
24    (4) The board of directors may appoint from among the
25members of the credit union a membership committee of one or
26more persons. If appointed, the committee shall act upon all



HB1792 Enrolled- 10 -LRB100 08504 SMS 18627 b

1applications for membership and submit a report of its actions
2to the board of directors at the next regular meeting for
3review. If no membership committee is appointed, credit union
4management shall act upon all applications for membership and
5submit a report of its actions to the board of directors at the
6next regular meeting for review.
7    (5) As used in this Section, "electronic" and "electronic
8record" have the meanings ascribed to those terms in the
9Electronic Commerce Security Act. As used in this Section,
10"secured electronic record" means an electronic record that
11meets the criteria set forth in Section 10-105 of the
12Electronic Commerce Security Act.
13(Source: P.A. 97-133, eff. 1-1-12; 97-855, eff. 7-27-12.)
14    (205 ILCS 305/34.1)
15    Sec. 34.1. Compliance review.
16    (a) As used in this Section:
17    "Affiliate" means an organization established to serve the
18needs of credit unions, the business of which relates to the
19daily operations of credit unions.
20    "Compliance review committee" means:
21        (1) one or more persons appointed by the management,
22    board of directors, or supervisory committee of a credit
23    union for the purposes set forth in subsection (b); or
24        (2) any other person to the extent the person acts in
25    an investigatory capacity at the direction of a compliance



HB1792 Enrolled- 11 -LRB100 08504 SMS 18627 b

1    review committee.
2    "Compliance review documents" means documents prepared in
3connection with a review or evaluation conducted by or for a
4compliance review committee.
5    "Person" means an individual, a group of individuals, a
6board committee, a partnership, a firm, an association, a
7corporation, or any other entity.
8    (b) This Section applies to compliance review committees
9whose functions are to evaluate and seek to improve any of the
11        (1) loan policies or underwriting standards;
12        (2) asset quality;
13        (3) financial reporting to federal or State
14    governmental or regulatory agencies; or
15        (4) compliance with federal or State statutory or
16    regulatory requirements.
17    (c) Except as provided in subsection (d), compliance review
18documents and the deliberations of the compliance review
19committee are privileged and confidential and are
20nondiscoverable and nonadmissible.
21        (1) Compliance review documents are privileged and
22    confidential and are not subject to discovery or admissible
23    in evidence in any civil action.
24        (2) Individuals serving on compliance review
25    committees or acting under the direction of a compliance
26    review committee shall not be required to testify in any



HB1792 Enrolled- 12 -LRB100 08504 SMS 18627 b

1    civil action about the contents of any compliance review
2    document or conclusions of any compliance review committee
3    or about the actions taken by a compliance review
4    committee.
5        (3) An affiliate of a credit union, a credit union
6    regulatory agency, and the insurer of credit union share
7    accounts shall have access to compliance review documents,
8    provided that (i) the documents shall remain confidential
9    and are not subject to discovery from such entity and (ii)
10    delivery of compliance review documents to an affiliate or
11    pursuant to the requirements of a credit union regulatory
12    agency or an insurer of credit union share accounts shall
13    not constitute a waiver of the privilege granted in this
14    Section.
15    (d) This Section does not apply to: (1) compliance review
16committees on which individuals serving on or at the direction
17of the compliance review committee have management
18responsibility for the operations, records, employees, or
19activities being examined or evaluated by the compliance review
20committee and (2) any civil or administrative action initiated
21by a credit union regulatory agency or an insurer of credit
22union share accounts.
23    (e) This Section shall not be construed to limit the
24discovery or admissibility in any civil action of any documents
25other than compliance review documents or to require the
26appointment of a compliance review committee.



HB1792 Enrolled- 13 -LRB100 08504 SMS 18627 b

1(Source: P.A. 90-665, eff. 7-30-98; revised 9-14-16.)
2    (205 ILCS 305/48)  (from Ch. 17, par. 4449)
3    Sec. 48. Loan limit. Within any limitations set forth in a
4policy adopted by the bylaws of the credit union, the board of
5directors, a credit union may place a limit upon the aggregate
6amount to be loaned to or cosigned for by any one member
7provided that . Such loan limits shall be subject to rules and
8regulations promulgated by the Secretary. Unless the credit
9union's bylaws provide otherwise, no loan shall be made to any
10member in an aggregate amount in excess of $200, or 10% of the
11credit union's unimpaired capital and surplus, whichever is
12greater. Such loan limits shall be subject to rules adopted by
13the Secretary.
14(Source: P.A. 97-133, eff. 1-1-12.)
15    (205 ILCS 305/53)  (from Ch. 17, par. 4454)
16    Sec. 53. Loans to credit unions. A credit union may make
17loans to other credit unions if so provided and within the
18limits set forth in a policy adopted by the board of directors
19its bylaws.
20(Source: P.A. 97-133, eff. 1-1-12.)
21    (205 ILCS 305/57)  (from Ch. 17, par. 4458)
22    Sec. 57. Group purchasing and marketing.
23    (a) A credit union may, consistent with rules and



HB1792 Enrolled- 14 -LRB100 08504 SMS 18627 b

1regulations promulgated by the Secretary, enter into
2cooperative marketing arrangements to facilitate its members'
3voluntary purchase of such goods and services as are in the
4interest of improving economic and social conditions of the
6    (b) A credit union may create and use descriptive and brand
7references to promote and market its identity, services, and
8products to its members.
9(Source: P.A. 97-133, eff. 1-1-12.)
10    (205 ILCS 305/59)  (from Ch. 17, par. 4460)
11    Sec. 59. Investment of funds.
12    (a) Funds not used in loans to members may be invested,
13pursuant to subsection (7) of Section 30 of this Act, and
14subject to Departmental rules and regulations:
15        (1) In securities, obligations or other instruments of
16    or issued by or fully guaranteed as to principal and
17    interest by the United States of America or any agency
18    thereof or in any trust or trusts established for investing
19    directly or collectively in the same;
20        (2) In obligations of any state of the United States,
21    the District of Columbia, the Commonwealth of Puerto Rico,
22    and the several territories organized by Congress, or any
23    political subdivision thereof; however, a credit union may
24    not invest more than 10% of its unimpaired capital and
25    surplus in the obligations of one issuer, exclusive of



HB1792 Enrolled- 15 -LRB100 08504 SMS 18627 b

1    general obligations of the issuer, and investments in
2    municipal securities must be limited to securities rated in
3    one of the 4 highest rating categories by a nationally
4    recognized statistical rating organization;
5        (3) In certificates of deposit or passbook type
6    accounts issued by a state or national bank, mutual savings
7    bank or savings and loan association; provided that such
8    institutions have their accounts insured by the Federal
9    Deposit Insurance Corporation or the Federal Savings and
10    Loan Insurance Corporation; but provided, further, that a
11    credit union's investment in an account in any one
12    institution may exceed the insured limit on accounts;
13        (4) In shares, classes of shares or share certificates
14    of other credit unions, including, but not limited to
15    corporate credit unions; provided that such credit unions
16    have their members' accounts insured by the NCUA or other
17    approved insurers, and that if the members' accounts are so
18    insured, a credit union's investment may exceed the insured
19    limit on accounts;
20        (5) In shares of a cooperative society organized under
21    the laws of this State or the laws of the United States in
22    the total amount not exceeding 10% of the unimpaired
23    capital and surplus of the credit union; provided that such
24    investment shall first be approved by the Department;
25        (6) In obligations of the State of Israel, or
26    obligations fully guaranteed by the State of Israel as to



HB1792 Enrolled- 16 -LRB100 08504 SMS 18627 b

1    payment of principal and interest;
2        (7) In shares, stocks or obligations of other financial
3    institutions in the total amount not exceeding 5% of the
4    unimpaired capital and surplus of the credit union;
5        (8) In federal funds and bankers' acceptances;
6        (9) In shares or stocks of Credit Union Service
7    Organizations in the total amount not exceeding the greater
8    of 3% of the unimpaired capital and surplus of the credit
9    union or the amount authorized for federal credit unions; .
10        (10) In corporate bonds identified as investment grade
11    by at least one nationally recognized statistical rating
12    organization, provided that:
13            (i) the board of directors has established a
14        written policy that addresses corporate bond
15        investment procedures and how the credit union will
16        manage credit risk, interest rate risk, liquidity
17        risk, and concentration risk; and
18            (ii) the credit union has documented in its records
19        that a credit analysis of a particular investment and
20        the issuing entity was conducted by the credit union, a
21        third party on behalf of the credit union qualified by
22        education or experience to assess the risk
23        characteristics of corporate bonds, or a nationally
24        recognized statistical rating agency before purchasing
25        the investment and the analysis is updated at least
26        annually for as long as it holds the investment; and



HB1792 Enrolled- 17 -LRB100 08504 SMS 18627 b

1        (11) To aid in the credit union's management of its
2    assets, liabilities, and liquidity in the purchase of an
3    investment interest in a pool of loans, in whole or in part
4    and without regard to the membership of the borrowers, from
5    other depository institutions and financial type
6    institutions, including mortgage banks, finance companies,
7    insurance companies, and other loan sellers, subject to
8    such safety and soundness standards, limitations, and
9    qualifications as the Department may establish by rule or
10    guidance from time to time.
11    (b) As used in this Section, "political subdivision"
12includes, but is not limited to, counties, townships, cities,
13villages, incorporated towns, school districts, educational
14service regions, special road districts, public water supply
15districts, fire protection districts, drainage districts,
16levee districts, sewer districts, housing authorities, park
17districts, and any agency, corporation, or instrumentality of a
18state or its political subdivisions, whether now or hereafter
19created and whether herein specifically mentioned or not.
20    (c) A credit union investing to fund an employee benefit
21plan obligation is not subject to the investment limitations of
22this Act and this Section and may purchase an investment that
23would otherwise be impermissible if the investment is directly
24related to the credit union's obligation under the employee
25benefit plan and the credit union holds the investment only for
26so long as it has an actual or potential obligation under the



HB1792 Enrolled- 18 -LRB100 08504 SMS 18627 b

1employee benefit plan.
2(Source: P.A. 97-133, eff. 1-1-12.)
3    (205 ILCS 305/64.7)
4    Sec. 64.7. Network credit unions.
5    (a) Two or more credit unions merging pursuant to Section
663 of this Act may elect to request a network credit union
7designation for the surviving credit union from the Secretary.
8The request shall be set forth in the plan of merger and
9certificate of merger executed by the credit unions and
10submitted to the Secretary pursuant to subsection (4) of
11Section 63. The Secretary's approval of a certificate of merger
12containing a network credit union designation request shall
13constitute approval of the use of the network designation as a
14brand or other identifier of the surviving credit union. If the
15surviving credit union desires to include the network
16designation in its legal name, make any other change to its
17legal name, or both, it shall proceed with an amendment to the
18articles of incorporation and bylaws of the surviving credit
19union pursuant to Section 4 of this Act.
20    (b) A network credit union is a cooperative business
21structure comprised of 2 or more merging credit unions with a
22collective goal of efficiently serving their combined
23membership and gaining economies of scale through common
24vision, strategy and initiative. The merging credit unions
25shall be identified as divisional credit unions, branches, or



HB1792 Enrolled- 19 -LRB100 08504 SMS 18627 b

1units of the network credit union or by other descriptive
2references that ensure the members understand they are dealing
3with one credit union rather than multiple credit unions.
4Descriptive and brand references may also be created and used
5to promote the identity, services, and products of the network
6credit union to its members.
7    (c) Each divisional credit union may shall have an its own
8advisory board of directors and a chief management official to
9assist in maintaining and leveraging its respective local
10identity for the benefit of the surviving credit union. The
11divisional credit union advisory boards shall be appointed by
12the network credit union board of directors. Each divisional
13credit union's advisory board of directors may shall appoint a
14its divisional credit union chief management official and may
15also appoint one of its directors to serve on the network
16credit union's nominating committee. A divisional credit union
17may determine to identify its advisory board as a committee and
18its divisional chief management official with a title it deems
19reasonable and appropriate.
20    (d) (c) The network credit union is the surviving legal
21entity in the merger and supervision, examination, audit,
22reporting, governance, and management shall be conducted or
23performed at the network credit union level. All share
24insurance, safety and soundness, and statutory and regulatory
25requirements and limitations shall be evaluated at the network
26credit union level.



HB1792 Enrolled- 20 -LRB100 08504 SMS 18627 b

1(Source: P.A. 99-614, eff. 7-22-16.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.



HB1792 Enrolled- 21 -LRB100 08504 SMS 18627 b

2 Statutes amended in order of appearance
3    205 ILCS 305/2from Ch. 17, par. 4403
4    205 ILCS 305/11from Ch. 17, par. 4412
5    205 ILCS 305/19from Ch. 17, par. 4420
6    205 ILCS 305/20from Ch. 17, par. 4421
7    205 ILCS 305/34.1
8    205 ILCS 305/48from Ch. 17, par. 4449
9    205 ILCS 305/53from Ch. 17, par. 4454
10    205 ILCS 305/57from Ch. 17, par. 4458
11    205 ILCS 305/59from Ch. 17, par. 4460
12    205 ILCS 305/64.7