Bill Text: IL SB1301 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Deposit of State Moneys Act and the Public Funds Investment Act. Provides that the State Treasurer or any public agency may consider the current and historical ratings that a financial institution has received under the Illinois Community Reinvestment Act when deciding whether to deposit State or public funds in that financial institution. Provides that, effective January 1, 2026, no State or public funds may be deposited in a financial institution subject to the Illinois Community Reinvestment Act unless either (i) the institution has a current rating of satisfactory or outstanding under the Illinois Community Reinvestment Act or (ii) the Department of Financial and Professional Regulation has not yet completed its initial examination of the institution pursuant to the Illinois Community Reinvestment Act. Makes conforming changes. Effective January 1, 2026.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Assigned to Financial Institutions [SB1301 Detail]
Download: Illinois-2025-SB1301-Introduced.html
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
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) |
| |||||||
| |||||||
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, to the extent that those ratings are publicly | ||||||
19 | available, under the Illinois Community Reinvestment Act; | ||||||
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 |
| |||||||
| |||||||
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 or (ii) the Department of | ||||||
14 | Financial and Professional Regulation has not yet completed | ||||||
15 | its initial examination of the institution pursuant to the | ||||||
16 | Illinois Community Reinvestment Act. | ||||||
17 | (a-10) When investing or depositing State funds, the State | ||||||
18 | Treasurer may give preference to financial institutions that | ||||||
19 | have a current rating of outstanding under the federal | ||||||
20 | Community Reinvestment Act of 1977 and the Illinois Community | ||||||
21 | Reinvestment Act . | ||||||
22 | (b) Nothing in this Section shall be construed as | ||||||
23 | authorizing the State Treasurer to conduct an examination or | ||||||
24 | investigation of a financial institution or to receive | ||||||
25 | information that is not publicly available and the disclosure | ||||||
26 | of which is otherwise prohibited by law. |
| |||||||
| |||||||
1 | (Source: P.A. 101-657, eff. 3-23-21.)
| ||||||
2 | Section 10. The Public Funds Investment Act is amended by | ||||||
3 | changing Section 8 as follows:
| ||||||
4 | (30 ILCS 235/8) | ||||||
5 | Sec. 8. Consideration of financial institution's | ||||||
6 | commitment to its community. | ||||||
7 | (a) In addition to any other requirements of this Act, a | ||||||
8 | public agency shall consider the financial institution's | ||||||
9 | record and current level of financial commitment to its local | ||||||
10 | community when deciding whether to deposit public funds in | ||||||
11 | that financial institution. The public agency may consider | ||||||
12 | factors including, but not necessarily limited to: | ||||||
13 | (1) for financial institutions subject to the federal | ||||||
14 | Community Reinvestment Act of 1977, the current and | ||||||
15 | historical ratings that the financial institution has | ||||||
16 | received, to the extent that those ratings are publicly | ||||||
17 | available, under the federal Community Reinvestment Act of | ||||||
18 | 1977; | ||||||
19 | (1.5) for financial institutions subject to the | ||||||
20 | Illinois Community Reinvestment Act, the current and | ||||||
21 | historical ratings that the financial institution has | ||||||
22 | received, to the extent that those ratings are publicly | ||||||
23 | available, under the Illinois Community Reinvestment Act; | ||||||
24 | (2) any changes in ownership, management, policies, or |
| |||||||
| |||||||
1 | practices of the financial institution that may affect the | ||||||
2 | level of the financial institution's commitment to its | ||||||
3 | community; | ||||||
4 | (3) the financial impact that the withdrawal or denial | ||||||
5 | of deposits of public funds might have on the financial | ||||||
6 | institution; | ||||||
7 | (4) the financial impact to the public agency as a | ||||||
8 | result of withdrawing public funds or refusing to deposit | ||||||
9 | additional public funds in the financial institution; and | ||||||
10 | (5) any additional burden on the resources of the | ||||||
11 | public agency that might result from ceasing to maintain | ||||||
12 | deposits of public funds at the financial institution | ||||||
13 | under consideration. | ||||||
14 | (a-5) Effective January 1, 2022, no public funds may be | ||||||
15 | deposited in a financial institution subject to the federal | ||||||
16 | Community Reinvestment Act of 1977 unless the institution has | ||||||
17 | a current rating of satisfactory or outstanding under the | ||||||
18 | Community Reinvestment Act of 1977. | ||||||
19 | (a-6) Effective January 1, 2026, no public funds may be | ||||||
20 | deposited in a financial institution subject to the Illinois | ||||||
21 | Community Reinvestment Act unless either (i) the institution | ||||||
22 | has a current rating of satisfactory or outstanding under the | ||||||
23 | Illinois Community Reinvestment Act or (ii) the Department of | ||||||
24 | Financial and Professional Regulation has not yet completed | ||||||
25 | its initial examination of the institution pursuant to the | ||||||
26 | Illinois Community Reinvestment Act. |
| |||||||
| |||||||
1 | (a-10) When investing or depositing public funds, the | ||||||
2 | public agency may give preference to financial institutions | ||||||
3 | that have a current rating of outstanding under the federal | ||||||
4 | Community Reinvestment Act of 1977 and the Illinois Community | ||||||
5 | Reinvestment Act . | ||||||
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 | (Source: P.A. 101-657, eff. 3-23-21.)
| ||||||
12 | Section 99. Effective date. This Act takes effect January | ||||||
13 | 1, 2026. |