2023 Illinois Compiled Statutes › Chapter 205 - FINANCIAL REGULATION › 205 ILCS 205/ - Savings Bank Act. › Article 9 - Supervision

(205 ILCS 205/Art. 9 heading)
ARTICLE 9.  
		Supervision
(205 ILCS 205/9001) (from Ch. 17, par. 7309-1)
Sec. 9001. Personnel, records, files, actions, and duties. 
The Commissioner shall appoint, subject to applicable
provisions of the Personnel Code, a supervisor, examiners,
employees, experts, and special assistants as may be necessary to
effectively carry out this Act.
(Source: P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 205/9002) (from Ch. 17, par. 7309-2)
Sec. 9002. Powers of Secretary.
(a) The Secretary shall have the following
powers and duties:
(1) To exercise the rights, powers, and duties set     forth in this Act or in any related Act.
(2) To establish regulations as may be reasonable or     necessary to accomplish the purposes of this Act.
(3) To make an annual report regarding the work of     his or her office under this Act as he may consider desirable to the Governor, or as the Governor may request.
(4) To cause a suit to be filed in his or her name to     enforce any law of this State that applies to savings banks, their service corporations, subsidiaries, affiliates, or holding companies operating under this Act, including the enforcement of any obligation of the officers, directors, agents, or employees of any savings bank.
(5) To prescribe a uniform manner in which the books     and records of every savings bank are to be maintained.
(6) To establish a reasonable fee structure for     savings banks and holding companies operating under this Act and for their service corporations and subsidiaries. The fees shall include, but not be limited to, annual fees, application fees, regular and special examination fees, and other fees as the Secretary establishes and demonstrates to be directly resultant from the Secretary's responsibilities under this Act and as are directly attributable to individual entities operating under this Act.  The aggregate of all moneys collected by the  Secretary on and after the effective date of this Act shall be paid promptly after receipt of the same, accompanied by a detailed statement thereof, into the Savings Bank Regulatory Fund established under Section 9002.1 of this Act. Nothing in this Act shall prevent continuing the practice of paying expenses involving salaries, retirement, social security, and State-paid insurance of State officers by appropriation from the General Revenue Fund. The Secretary may require payment of the fees under this Act by an electronic transfer of funds or an automatic debit of an account of each of the savings banks.
(b) Notwithstanding the provisions of subsection (a), the Secretary shall not:
(1) issue an order against a savings bank or holding     company organized under this Act for unsafe or unsound banking practices solely because the entity provides or has provided financial services to a cannabis-related legitimate business;
(2) prohibit, penalize, or otherwise discourage a     savings bank or holding company organized under this Act from providing financial services to a cannabis-related legitimate business solely because the entity provides or has provided financial services to a cannabis-related legitimate business;
(3) recommend, incentivize, or encourage a savings     bank or holding company organized under this Act not to offer financial services to an account holder or to downgrade or cancel the financial services offered to an account holder solely because:
(A) the account holder is a manufacturer or         producer, or is the owner, operator, or employee of, a cannabis-related legitimate business;
(B) the account holder later becomes an owner or         operator of a cannabis-related legitimate business; or
(C) the savings bank or holding company organized         under this Act was not aware that the account holder is the owner or operator of a cannabis-related legitimate business; or
(4) take any adverse or corrective supervisory action     on a loan made to an owner or operator of:
(A) a cannabis-related legitimate business solely         because the owner or operator owns or operates a cannabis-related legitimate business; or
(B) real estate or equipment that is leased to a         cannabis-related legitimate business solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business.(Source: P.A. 101-593, eff. 12-4-19.)
(205 ILCS 205/9002.1)
Sec. 9002.1. Savings Bank Regulatory Fund.
(a) The aggregate of all moneys collected by the Secretary under this Act shall be paid promptly after receipt of the same, accompanied by a detailed statement thereof, into the State treasury and shall be set apart in the Savings Bank Regulatory Fund. All earnings received from investments of funds in the Savings Bank Regulatory Fund shall be deposited into the Savings Bank Regulatory Fund and may be used for the same purposes as fees deposited into the Savings Bank Regulatory Fund. The amount from time to time deposited into the Fund shall be used (i) to offset the ordinary administration expenses as defined in subsection (c) of this Section or (ii) as a credit against fees under subsection (b) of this Section. Nothing in this Section shall prevent continuing the practice of paying expenses involving salaries, retirement, Social Security, and State paid insurance premiums of State officers by appropriation from the General Revenue Fund. However, the General Revenue Fund shall be reimbursed for those payments made by an annual transfer of funds from the Savings Bank Regulatory Fund. Money in the Savings Bank Regulatory Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(b) Adequate funds shall be available in the Savings Bank Regulatory Fund to permit the timely payment of administration expenses. In each fiscal year, the total administration expenses shall be deducted from the total fees collected by the Secretary and the remainder transferred into the Cash Flow Reserve Account, unless the balance of the Cash Flow Reserve Account prior to the transfer equals or exceeds one-fourth of the total initial appropriations from the Savings Bank Regulatory Fund for the subsequent year, in which case the remainder shall be credited to savings banks and applied against their fees for the subsequent year. The amount credited to each savings bank shall be in the same proportion as the regulatory fees paid by each for the year bear to the total regulatory fees collected for the year. If, after a transfer to the Cash Flow Reserve Account is made or if no remainder is available for transfer, the balance of the Cash Flow Reserve Account is less than one-fourth of the total initial appropriations for the subsequent year and the amount transferred is less than 5% of the total regulatory fees for the year, additional amounts needed to make the transfer equal to 5% of the total regulatory fees for the year shall be apportioned amongst, assessed upon, and paid by savings banks in the same proportion that the regulatory fees of each, respectively, for the year bear to the total regulatory fees collected for the year. The additional amounts assessed shall be transferred into the Cash Flow Reserve Account.
(c) For purposes of this Section, the following terms shall have the following meanings:
"Administration expenses", for any fiscal year, means the ordinary and contingent expenses for that year incident to making the examinations provided for by, and for otherwise administering, this Act, including all salaries and other compensation paid for personal services rendered for the State by officers or employees of the State, including the Secretary and the Director of the Division, communication equipment and services, office furnishings, surety bond premiums, and travel expenses of those officers and employees, expenditures or charges for the acquisition, enlargement or improvement of, or for the use of, any office space, building, or structure, or expenditures for the maintenance thereof or for furnishing heat, light, or power with respect thereto, all to the extent that those expenditures are directly incidental to such examinations or administration. The Secretary shall not be required by this subsection to maintain in any fiscal year's budget appropriated reserves for accrued vacation and accrued sick leave that is required to be paid to employees of the Secretary upon termination of their service with the Secretary in an amount that is more than is reasonably anticipated to be necessary for any anticipated turnover in employees, whether due to normal attrition or due to layoffs, terminations, or resignations.
"Regulatory fees" includes both fees collected under Section 9002.5 and fees collected for examinations conducted by the Secretary or his examiners or designees under authority of this Act.
"Fiscal year" means a period beginning July 1 of any year and ending June 30 of the next year.
(Source: P.A. 98-1081, eff. 1-1-15.)
(205 ILCS 205/9002.5)
Sec. 9002.5. Regulatory fees.
(a) Each fiscal year, each savings bank and each service corporation operating under this Act shall pay in quarterly installments equal to one-fourth of a regulatory fee based on the total assets of the savings bank or service corporation, as shown in the quarterly report of condition, at the following rates:
19.295 cents per $1,000 of the first $5,000,000 of     total assets;
18.16 cents per $1,000 of the next $20,000,000 of     total assets;
15.89 cents per $1,000 of the next $75,000,000 of     total assets;
10.7825 cents per $1,000 of the next $400,000,000 of         total assets;
8.5125 cents per $1,000 of the next $500,000,000 of     total assets;
6.2425 cents per $1,000 of the next $19,000,000,000     of total assets;
2.27 cents per $1,000 of the next $30,000,000,000 of     total assets;
1.135 cents per $1,000 of the next $50,000,000,000 of     total assets; and
0.5675 cents per $1,000 of all assets in excess of     $100,000,000,000 of the savings bank.
As used in this Section, "quarterly report of condition" means the Report of Condition and Income (Call Report), which the Secretary requires.
(a-5) For any savings bank or service corporation operating
under this Act that is examined by the Department between January 1,
2017 and the effective date of this amendatory Act of the 100th
General Assembly, a  regulatory fee
shall not be due or paid to the Department for the first
billing of the regulatory fee  immediately following the
effective date of this amendatory Act of the 100th General
Assembly. Any savings bank or service corporation subject to this subsection shall pay
the regulatory fee as prescribed in subsection (a) beginning
with the second billing of the regulatory fee by the Department
following the effective date of this amendatory Act of the 100th
General Assembly.
(b) (Blank).
(c) (Blank).
(d) The Secretary shall receive for each fiscal year, commencing with the fiscal year ending June 30, 2014, a contingent fee equal to the lesser of the aggregate of the fees paid by all savings banks under subsection (a) of this Section for that year, or the amount, if any, whereby the aggregate of the administration expenses, as defined in subsection (c) of Section 9002.1 of this Act, for that fiscal year exceeds the sum of the aggregate of the fees payable by all savings banks for that year under subsection (a) of this Section, plus any amounts transferred into the Savings Bank Regulatory Fund from the State Pensions Fund for that year, plus all other amounts collected by the Secretary for that year under any other provision of this Act. The aggregate amount of the contingent fee thus arrived at for any fiscal year shall be apportioned amongst, assessed upon, and paid by the savings banks, respectively, in the same proportion that the fee of each under subsection (a) of this Section, respectively, for that year bears to the aggregate for that year of the fees collected under subsection (a) of this Section. The aggregate amount of the contingent fee, and the portion thereof to be assessed upon each savings bank, respectively, shall be determined by the Secretary and shall be paid by each, respectively, within 120 days of the close of the period for which the contingent fee is computed and is payable, and the Secretary shall give 20 days' advance notice of the amount of the contingent fee payable by the savings bank and of the date fixed by the Secretary for payment of the fee.
(Source: P.A. 99-39, eff. 1-1-16; 100-201, eff. 8-18-17; 100-232, eff. 8-18-17.)
(205 ILCS 205/9003) (from Ch. 17, par. 7309-3)
Sec. 9003. Prohibited activities. The Commissioner, deputy commissioners, and employees
of the Office of Banks and Real Estate shall be subject to the restrictions
provided in Section 2.5 of the Division of Banking Act including,
without limitation, the restrictions on (i) owning shares of stock or holding
any other equity interest in an entity regulated under this Act or in any
corporation or company that owns or controls an entity regulated under this
Act; (ii) being an officer, director, employee, or agent of an entity regulated
under this Act; and (iii) obtaining a loan or accepting a gratuity from an
entity regulated under this Act.
(Source: P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 205/9004) (from Ch. 17, par. 7309-4)
Sec. 9004. Examination.
(a) At least once every 18 months or more often if it is
deemed necessary or expedient, the Secretary shall examine the
books, records, operations, and affairs of each savings bank
operating under this Act.  In the course of the examination, the Secretary may
 also examine in the same manner all entities,
companies, and individuals which or whom the Secretary determines
may have a relationship with the savings bank or any subsidiary or
entity affiliated with it, if the relationship may adversely affect
the affairs, activities, and safety and soundness of the savings
bank, including:  (i)  companies controlled by the savings bank;
(ii) entities, including companies controlled by the company,
individual, or individuals that control the savings bank;
and (iii) the company or other entity which controls or owns the
savings bank. Notwithstanding any other provision of this Act, every savings bank, as defined by rule, or, if not defined, to the same extent as would be permitted in the case of a State bank,  the Secretary, in lieu of the examination, may accept on an alternating basis the examination made by the eligible savings bank's appropriate federal banking agency pursuant to Section 111 of the Federal Deposit Insurance Corporation Improvement Act of 1991, provided the appropriate federal banking agency has made an examination.
(b) The Secretary shall examine to determine:
(1) Quality of financial condition, including safety     and soundness and investment and loan quality.
(2) Compliance with this Act and other applicable     statutes and regulations.
(3) Quality of management policies.
(4) Overall safety and soundness of the savings bank,     its parent, subsidiaries, and affiliates.
(5) Remedial actions required to correct and to     restore compliance with applicable statutes, regulations, and proper business policies.
(c) The Secretary may promulgate regulations to
implement and administer this Section.
(d) If a savings bank, its holding company, or any of its
corporate subsidiaries has not been audited at least once in the
12 months prior to the Secretary's examination, the Secretary may cause an audit of the savings bank's books and records to be
made by an independent licensed public accountant.  The cost of the audit
shall be paid for by the entity being audited.
(e) The Secretary or his or her examiners or other
formally designated agents are authorized to administer oaths and
to examine and to take and preserve testimony under oath as to
anything in the affairs or ownership of any savings bank or
institution or affiliate thereof.
(f) Pursuant to subsection (c) of this Section, the Secretary shall adopt rules that ensure consistency and due process in the examination process. The Secretary may also establish guidelines that (i) define the scope of the examination process and (ii) clarify examination items to be resolved. The rules, formal guidance, interpretive letters, or opinions furnished to savings banks by the Secretary may be relied upon by the savings banks.
(Source: P.A. 97-492, eff. 1-1-12; 98-784, eff. 7-24-14.)
(205 ILCS 205/9005)
Sec. 9005. (Repealed).
(Source: P.A. 86-1213. Repealed by P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 205/9006) (from Ch. 17, par. 7309-6)
Sec. 9006. 
		Examiners. 
		The Commissioner shall appoint competent examiners
who are not officers or agents of, or in any manner interested in, any
savings bank, savings bank holding company, or subsidiaries or affiliates
of either, except that they may be depositors therein.
(Source: P.A. 86-1213.)
(205 ILCS 205/9007)
Sec. 9007. (Repealed).
(Source: P.A. 86-1213. Repealed by P.A. 96-1365, eff. 7-28-10.)
(205 ILCS 205/9008) (from Ch. 17, par. 7309-8)
Sec. 9008. Report of examination. Upon completion of each examination, the Secretary may 
make a report of examination to the board of directors of the
savings bank or other entity examined.  The report shall be read
by each director who shall then execute a signed statement that he has read the report.  The statement shall
be filed and retained by the savings bank or appropriate entity
examined and shall be examined by the Secretary during regular
examinations.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9009) (from Ch. 17, par. 7309-9)
Sec. 9009. 
		Orders of the Commissioner.
(a) If the affairs of the savings bank, savings bank
subsidiary or affiliate, or savings bank holding company are not
being conducted in accordance with this Act, the Commissioner shall
require the directors, officers, and employees to take any necessary
corrective action.  If the necessary corrective action is not taken,
the Commissioner may issue a formal order to the directors of the
savings bank, subsidiary, affiliate, or holding company, to be
delivered either personally or by registered or certified mail,
specifying a date, which may be immediate or may be a later date,
for the performance of the corrective action by the savings bank,
subsidiary, affiliate, or holding company.  The order or any part thereof
shall be subject to Section 11006 of this Act.
(b) If the formal order of the Commissioner, in whole or in
part, contains a finding that the business of the savings bank or
holding company is being conducted in a fraudulent, illegal, unsafe,
or unsound manner or that the violation thereof or the continuance
by the savings bank or holding company of the practice to be
corrected could cause insolvency, substantial dissipation of
assets or earnings, or the impairment of its capital, the order or
part thereof shall be complied with immediately on or before the
effective date thereof until modified or withdrawn by the
Commissioner or modified or terminated by a circuit court.  The
Commissioner may apply to the circuit court of the county in which
the savings bank or holding company is located for enforcement of
an order requiring prompt compliance.
(c) If the order, or part thereof, is not subject to subsection (b) and
if no hearing pursuant to Section 9018 of this Act has been requested, the Commissioner may, at any time within 90
days after the effective date of the order, institute suit in the
circuit court of Sangamon County or the circuit court of the county
in which the savings bank or holding company is located to compel
the directors, officers, or employees to take the required
corrective action.  The court, after due process of law, shall
adjudicate the question, enter the proper order or orders, and
enforce them.
(d) No provision of this Section shall interfere with the
exercise by the Commissioner of any provision of Article 11.
(Source: P.A. 91-97, eff. 7-9-99.)
(205 ILCS 205/9010)
Sec. 9010. (Repealed).
(Source: P.A. 86-1213. Repealed by P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9011) (from Ch. 17, par. 7309-11)
Sec. 9011. Record keeping and retention of records by a savings
bank.
(a) Each savings bank shall retain its records in a manner consistent with prudent business practices and in accordance with this Act and applicable State or federal laws, rules, and regulations. The record retention system utilized must be able to accurately produce such records.
(a-5) Except where a retention period is required by State or federal laws, rules, or regulations, a savings bank may destroy its records subject to the considerations set forth in subsection (a). In the destruction of records, the savings bank shall take reasonable precautions to ensure the confidentiality of information in the records.
(b) Each savings bank shall implement internal control
and security measures for its data processing activities.
A contract with a data processing service or for data processing services
must provide that records maintained shall at all times be available for
examination and audit by the Secretary.
(c) The Secretary may further regulate these matters by
the promulgation of rules concerning data processing.  As used
herein, "data processing" means all electronic or automated
systems of communication and data processing by computer.
(d)  No liability shall accrue against the savings bank,
the Secretary, or this State for destruction of records
 under the
authority of this Section.
(Source: P.A. 102-873, eff. 5-13-22.)
(205 ILCS 205/9012) (from Ch. 17, par. 7309-12)
Sec. 9012. Disclosure of reports of examinations and confidential
supervisory information; limitations.
(a) Any report of examination, visitation, or investigation prepared by
the Secretary

under this Act, any report of examination, visitation, or investigation
prepared by the state
regulatory authority of another state that examines a branch of an Illinois
State savings bank in
that state, any document or record prepared or obtained in connection with or
relating to any
examination, visitation, or investigation, and any record prepared or obtained
by the Secretary
 to the extent that the record summarizes or contains information
derived from
any report, document, or record described in this subsection shall be deemed
confidential
supervisory information. "Confidential supervisory information" shall not
include any information or
record routinely prepared by a savings bank and maintained in the ordinary
course of business or any
information or record that is required to be made publicly available pursuant
to State or federal law
or rule. Confidential supervisory information shall be the property of the Secretary
 and shall
only be disclosed under the circumstances and for the purposes set forth in
this Section.
The Secretary may disclose confidential supervisory information only under
the following
circumstances:
(1) The Secretary may furnish confidential     supervisory information to federal and state depository institution regulators, or any official or examiner thereof duly accredited for the purpose. Nothing contained in this Act shall be construed to limit the obligation of any savings bank to comply with the requirements relative to examinations and reports nor to limit in any way the powers of the Secretary relative to examinations and reports.
(2) The Secretary may furnish confidential     supervisory information to the United States or any agency thereof that to any extent has insured a savings bank's deposits, or any official or examiner thereof duly accredited for the purpose. Nothing contained in this Act shall be construed to limit the obligation relative to examinations and reports of any savings bank in which deposits are to any extent insured by the United States or any agency thereof nor to limit in any way the powers of the Secretary with reference to examination and reports of the savings bank.
(2.5) The Secretary may furnish confidential     supervisory information to a Federal Home Loan Bank in connection with any savings bank that is a member of the Federal Home Loan Bank or in connection with any application by the savings bank before the Federal Home Loan Bank. The confidential supervisory information shall remain the property of the Secretary and may not be further disclosed without the Secretary's permission.
(3) The Secretary may furnish confidential     supervisory information to the appropriate law enforcement authorities when the Secretary reasonably believes a savings bank, which the Secretary  has caused to be examined, has been a victim of a crime.
(4) The Secretary may furnish confidential     supervisory information related to a savings bank, which the Secretary has caused to be examined, to the administrator of the Revised Uniform Unclaimed Property Act.
(5) The Secretary may furnish confidential     supervisory information relating to a savings bank, which the Secretary has caused to be examined, relating to its performance of obligations under the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act to the Illinois Department of Revenue.
(6) The Secretary may furnish confidential     supervisory information relating to a savings bank, which the Secretary has caused to be examined, under the federal Currency and Foreign Transactions Reporting Act, 31 United States Code, Section 1051 et seq.
(7) The Secretary may furnish confidential     supervisory information to any other agency or entity that the Secretary determines to have a legitimate regulatory interest.
(8) The Secretary may furnish confidential     supervisory information as otherwise permitted or required by this Act and may furnish confidential supervisory information under any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order.
(9) At the request of the affected savings bank, the     Secretary may furnish confidential supervisory information relating to the savings bank, which the Secretary has caused to be examined, in connection with the obtaining of insurance coverage or the pursuit of an insurance claim for or on behalf of the savings bank; provided that, when possible, the Secretary  shall disclose only relevant information while maintaining the confidentiality of financial records not relevant to such insurance coverage or claim and, when appropriate, may delete identifying data relating to any person.
(10) The Secretary may furnish a copy of a report of     any examination performed by the Secretary of the condition and affairs of any electronic data processing entity to the savings banks serviced by the electronic data processing entity.
(11) In addition to the foregoing circumstances, the     Secretary may, but is not required to, furnish confidential supervisory information under the same circumstances authorized for the savings bank pursuant to subsection (b) of this Section, except that the Secretary shall provide confidential supervisory information under circumstances described in paragraph (3) of subsection (b) of this Section only upon the request of the savings bank.
(b) A savings bank or its officers, agents, and employees may disclose
confidential
supervisory information only under the following circumstances:
(1) to the board of directors of the savings bank, as     well as the president, vice-president, cashier, and other officers of the savings bank to whom the board of directors may delegate duties with respect to compliance with recommendations for action, and to the board of directors of a savings bank holding company that owns at least 80% of the outstanding stock of the savings bank or other financial institution.
(2) to attorneys for the savings bank and to a     certified public accountant engaged by the savings bank to perform an independent audit; provided that the attorney or certified public accountant shall not permit the confidential supervisory information to be further disseminated.
(3) to any person who seeks to acquire a controlling     interest in, or who seeks to merge with, the savings bank; provided that the person shall agree to be bound to respect the confidentiality of the confidential supervisory information and to not further disseminate the information other than to attorneys, certified public accountants, officers, agents, or employees of that person who likewise shall agree to be bound to respect the confidentiality of the confidential supervisory information and to not further disseminate the information.
(4) to the savings bank's insurance company, if the     supervisory information contains information that is otherwise unavailable and is strictly necessary to obtaining insurance coverage or pursuing an insurance claim for or on behalf of the savings bank; provided that, when possible, the savings bank shall disclose only information that is relevant to obtaining insurance coverage or pursuing an insurance claim, while maintaining the confidentiality of financial information pertaining to customers; and provided further that, when appropriate, the savings bank may delete identifying data relating to any person.
(5) to a Federal Home Loan Bank of which it is a     member.
(6)     to any attorney, accountant, consultant, or     other professional as needed to comply with an enforcement action issued by the Secretary.
The disclosure of confidential supervisory information by a savings bank
pursuant to this
subsection (b) and the disclosure of information to the Secretary or other
regulatory agency in
connection with any examination, visitation, or investigation shall not
constitute a waiver of any
legal privilege otherwise available to the savings bank with respect to the
information.
(c)(1) Notwithstanding any other provision of this Act or any other law,
confidential
supervisory information shall be the property of the Secretary and shall be
privileged from
disclosure to any person except as provided in this Section. No person in
possession of
confidential supervisory information may disclose that information for any
reason or under any
circumstances not specified in this Section without the prior authorization of
the Secretary.
Any person upon whom a demand for production of confidential supervisory
information is made,
whether by subpoena, order, or other judicial or administrative process, must
withhold
production of the confidential supervisory information and must notify the Secretary
 of the
demand, at which time the Secretary is authorized to intervene for the
purpose of
enforcing the limitations of this Section or seeking the withdrawal or
termination of the attempt to
compel production of the confidential supervisory information.
(2) Any request for discovery or disclosure of confidential supervisory
information, whether
by subpoena, order, or other judicial or administrative process, shall be made
to the Secretary, and the Secretary shall determine within 15 days whether to
disclose the
information pursuant to procedures and standards that the Secretary shall
establish by rule. If
the Secretary determines that such information will not be disclosed, the Secretary's

decision shall be subject to judicial review under the provisions of the
Administrative Review
Law, and venue shall be in either Sangamon County or Cook County.
(3) Any court order that compels disclosure of confidential supervisory
information may be
immediately appealed by the Secretary, and the order shall be automatically
stayed pending the
outcome of the appeal.
(d) If any officer, agent, attorney, or employee of a savings bank knowingly
and willfully
furnishes confidential supervisory information in violation of this Section,
the Secretary
 may impose a civil monetary penalty up to $1,000 for the violation
against
the officer, agent, attorney, or employee.
(e) Subject to the limits of this Section, the Secretary
 also may promulgate regulations to set procedures and
standards for
disclosure of
the
following items:
(1) All fixed orders and opinions made in cases of     appeals of the Secretary's actions.
(2) Statements of policy and interpretations adopted     by the Secretary's office, but not otherwise made public.
(3) Nonconfidential portions of application files,     including applications for new charters.  The Secretary shall specify by rule as to what part of the files are confidential.
(4) Quarterly reports of income, deposits, and     financial condition.
(Source: P.A. 100-22, eff. 1-1-18; 100-64, eff. 8-11-17; 100-863, eff. 8-14-18; 100-888, eff. 8-14-18.)
(205 ILCS 205/9013) (from Ch. 17, par. 7309-13)
Sec. 9013. 
		Examination of data processing centers. 
		The Commissioner may examine any data processing center that
provides data processing or related services to a savings bank with
the same frequency as the savings bank served.
(Source: P.A. 86-1213.)
(205 ILCS 205/9014)
Sec. 9014. (Repealed).
(Source: P.A. 90-301, eff. 8-1-97. Repealed by P.A. 100-652, eff. 7-31-18.)
(205 ILCS 205/9015) (from Ch. 17, par. 7309-15)
Sec. 9015. Unsafe and unsound practices; orders of prohibition and removal.
(a) The violation of any of the following provisions of this
Act:  Article 5, subsection (b) of Section 4009, Section 7006, Section 9005, and Section 9014 is deemed to be an unsafe and unsound
practice and creates an unsafe and unsound condition in the savings bank.
The savings bank or the institution affiliated party responsible for the
violation may be subject to the assessment of civil money penalties and
other enforcement powers of the Secretary, as specified in this Article,
in Article 11, and by regulation of the Secretary.
(b) Continued violation of any of those provisions after the
Secretary issues formal notice to correct shall subject the
directors of the savings bank at fault to immediate removal from
the board and to a permanent order of prohibition from direct or
indirect participation in the affairs of any financial institution
subject to this Act, the Illinois Savings and Loan Act of 1985, or the
Residential Mortgage License Act of 1987.
(c) The Secretary may promulgate rules and regulations
to implement this Section.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9016) (from Ch. 17, par. 7309-16)
Sec. 9016. 
		Cease and desist proceedings.
(a) If, in the opinion of the Commissioner or in the opinion
of any federal banking agency that provides complete and
documented evidence to the Commissioner, an officer, director, or
controlling stockholder of a savings bank operating under this Act
or a subsidiary or an affiliate of an institution operating under
this Act, is engaging in, has engaged in, is about to engage in, or
is conspiring to engage in one or more unsafe or unsound practices
in conducting the institution's business; or is, has, or is about
to violate an applicable law, regulation, directive of the
Commissioner, of the Federal Deposit Insurance Corporation, or has
not complied with a condition imposed in writing by the
Commissioner, the Federal Deposit Insurance Corporation, or of
any court of law, then the Commissioner may, in his discretion,
issue to the violator notice of charges resulting from the
violation.
(b) The notice of charges shall factually specify the act
or violations committed; the law, rule, order, decree, directive,
or condition violated; specify necessary curative measures and a
time within which to cure; and impose any penalties or sanctions
mandated by law or regulation.
(Source: P.A. 86-1213.)
(205 ILCS 205/9017) (from Ch. 17, par. 7309-17)
Sec. 9017. (Repealed).
(Source: P.A. 97-492, eff. 1-1-12. Repealed by P.A. 98-1081, eff. 1-1-15.)
(205 ILCS 205/9018) (from Ch. 17, par. 7309-18)
Sec. 9018. Administrative review. Except as provided in Article 10 and as otherwise specifically
provided by this Act, any person aggrieved by a decision of the Secretary 
under this Act may receive a hearing before the Secretary under Sections 9018.1 through 9018.4 of this Act.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9018.1)
Sec. 9018.1. Hearing upon verified complaint. The Secretary shall, upon receiving the verified complaint in writing of any aggrieved person setting forth facts that, if proved, would constitute grounds for reversal or change of any decision, order, or action of the Secretary, except as provided in Section 9018 of this Act, grant a hearing on the complaint. If the aggrieved person desires such a hearing, he or she shall, within 10 days after receipt of notice of such decision, order, or action, file written notice with the Secretary of intent to demand a hearing and shall, within 30 days after receipt of notice of such decision, order, or action, file his or her verified complaint in writing. The date of the hearing may not be earlier than 15 days nor later than 30 days after the date of receipt of verified complaint in writing. The Secretary shall, at least 10 days prior to the date set for the hearing, notify in writing the person aggrieved by such decision, order, or action, referred to in this Section as the respondent, and all other parties to the action, that a hearing will be held on the date designated and shall afford the respondent and all other parties to the action an opportunity to be heard in person or by counsel in reference thereto. Written notice may be served by delivery of the same personally to the respondent and all other parties to the action or by mailing the notice by registered or certified mail to the place of business specified by the respondent and all other parties to the action in the last notification to the Secretary. At the time and place fixed in the notice, the Secretary or his or her authorized agent, referred to in this Section as the hearing officer, shall proceed to hear the charges and the respondent, all other parties to the action, and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the issues. The hearing officer may continue such hearing from time to time.
The hearing officer may subpoena any person in this State and may take testimony either orally, by deposition, or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.
The hearing officer may administer oaths to witnesses at any hearing that the hearing officer is authorized by law to conduct.
After the hearing, the Secretary shall make a determination approving, modifying, or disapproving the decision, order, or action of the Secretary as his or her final administrative decision.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9018.2)
Sec. 9018.2. Record of proceedings; expenses.  The Secretary, at his or her expense, unless otherwise provided in this Act, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer, and orders of the Secretary shall be the record of such proceedings. The Secretary shall furnish a transcript of the record to any person interested in such hearing upon payment of the actual cost thereof.
A copy of the hearing officer's report and the Secretary's orders shall be served as notice of the hearing on the respondent and all other parties to the action by the Secretary, either personally or by registered or certified mail, as provided in this Act. All expenses incurred by the Secretary, including the compensation of the hearing officer, shall be paid by the parties to the hearing and shall be divided among them in equal shares.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9018.3)
Sec. 9018.3. Subpoena; deposition.  All subpoenas issued under the laws of this State pertaining to or concerning savings banks may be served by any person who is not a minor. The fees of witnesses for attendance and travel shall be the same as fees of witnesses before the circuit courts of this State. Witness fees are to be paid at the time the witness is excused from further attendance, when the witness is subpoenaed at the instance of the Secretary or any officer or any employee designated by him or her for the purpose of conducting any investigation, inquiry, or hearing. The disbursements made in the payment of witness fees shall be audited and paid in the same manner as are other expenses of the Secretary. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding, the Secretary may require that the cost of service thereof and the fee of the same shall be borne by the party at whose instance the witness is summoned, and the Secretary shall have power, in his or her discretion, to require a deposit to cover the cost of such service and witness fees and the payment of legal witness fees and mileage to the witness when served with a subpoena. A subpoena issued under this Section shall be served in the same manner as a subpoena issued out of a court.
Any person served with a subpoena to appear and testify or to produce books, papers, accounts, or documents, either in person or by deposition, in the manner provided in this Section, issued by the Secretary or by any officer or any employee designated by him or her to conduct any such investigation, inquiry, or hearing, in the course of an investigation, inquiry, or hearing conducted under any of the provisions of the laws of this State pertaining to savings banks, and who refuses or neglects to appear or to testify, or to produce books, papers, accounts, and documents relative to such investigation, inquiry, or hearing as commanded in such subpoena, shall be guilty of a petty offense.
Any circuit court of this State, on application of the Secretary or an officer or an employee designated by the Secretary for the purpose of conducting any investigation, inquiry, or hearing, may, in his or her discretion, compel the attendance of witnesses, the production of books, papers, accounts, and documents, and the giving of testimony before the Secretary or before any officer or any employee designated by the Secretary for the purpose of conducting any such investigation, inquiry, or hearing, in person or by deposition, in the manner provided in this Section, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before a court.
The Secretary, any officer or employee designated by the Secretary for the purpose of conducting any investigation, inquiry, or hearing, or any party may, in any investigation, inquiry, or hearing, cause the deposition of witnesses residing within or outside of the State to be taken in the manner prescribed by law for taking like depositions in civil cases in courts of this State and, to that end, may compel the attendance of witnesses and the production of papers, books, accounts, and documents.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9018.4)
Sec. 9018.4. Review under Administrative Review Law. Except as provided in Article 10, any person affected by a final administrative decision of the Secretary may have the decision reviewed only under and in accordance with the Administrative Review Law.
The provisions of the Administrative Review Law, all amendments and modifications to the Administrative Review Law, and the rules adopted under the Administrative Review Law, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Secretary under this Act. For the purposes of this Section,  "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by a court in review of any final administrative decision of the Board under this Act may be taken as in other civil cases.
(Source: P.A. 97-492, eff. 1-1-12.)
(205 ILCS 205/9019)
Sec. 9019. 
		Reliance on the Commissioner.
(a) The Commissioner may issue an opinion in response to a specific
request from a member of the public or the banking or thrift industry or on his
own initiative. The opinion may be in the form of an interpretive letter,
no-objection letter, or other issuance the Commissioner deems appropriate.
(b) If the Commissioner determines that the opinion is useful for the
general guidance of the public or savings banks, the Commissioner may
disseminate the opinion by newsletter, via an electronic medium such as the
internet, in a volume of statutes or related materials published by the
Commissioner or others, or by other means reasonably calculated to notify
persons affected by the opinion. A published opinion must be redacted to
preserve the confidentiality of the requesting party unless the requesting
party consents to be identified in the published opinion.
(c) No savings bank or other person shall be liable under this Act for any
act done or omitted in good faith in conformity with any rule, interpretation,
or opinion issued by the Commissioner, notwithstanding that after the act or
omission has occurred, the rule, interpretation, or opinion upon which
reliance is placed is amended, rescinded, or determined by judicial or other
authority to be invalid for any reason.
(Source: P.A. 92-483, eff. 8-23-01.)