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IL HB1572
Bill
Status
8/16/2013
Primary Sponsor
Derrick Smith
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AI Summary
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Amends the Illinois Credit Union Act to reform the civil penalty assessment process for credit unions, requiring the Secretary to make reasonable determinations based on objective facts before imposing penalties.
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Establishes that civil penalties can only be assessed when violations or unsafe practices directly result in substantial and material financial loss (at least 1% of total assets or gross income for the preceding 12 months) or constitute willful misconduct or material breach of fiduciary duty.
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Requires credit unions to receive written notice of specific violations and a reasonable cure period to take remedial action before a civil penalty is imposed.
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Sets maximum civil penalty amounts based on credit union asset size, ranging from $1,000 for institutions with assets under $10 million to $50,000 for those with $1 billion or more in assets.
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Specifies that civil penalties are remedial rather than punitive, and allows credit unions to request a hearing within 90 days to stay the penalty order until a final administrative decision is issued.
Legislative Description
CREDIT UNION-CIVIL PENALTIES
Last Action
Public Act . . . . . . . . . 98-0400
8/16/2013