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IL HB1572

Bill

Status

Passed

8/16/2013

Primary Sponsor

Derrick Smith

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Financial Institutions4/23/2013
Assignments4/12/2013
Financial Institutions2/25/2013
Rules2/14/2013

Full Bill Text

No bill text available