Illinois General Assembly - Full Text of Public Act 100-0948
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Public Act 100-0948


 

Public Act 0948 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0948
 
SB3504 EnrolledLRB100 20550 XWW 35954 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Collateral Recovery Act is amended by
changing Sections 45, 80, and 85 as follows:
 
    (225 ILCS 422/45)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 45. Repossession agency employee requirements.
    (a) All employees of a licensed repossession agency whose
duties include the actual repossession of collateral must apply
for a recovery permit. The holder of a repossession agency
license issued under this Act, known in this Section as the
"employer", may employ in the conduct of the business under the
following provisions:
        (1) No person may be issued a recovery permit who meets
    any of the following criteria:
            (A) Is younger than 21 years of age.
            (B) Has been convicted of a crime identified in
        paragraph (3) of subsection (a) of Section 80 of this
        Act and the Commission determines the ability of the
        person to engage in the position for which a permit is
        sought is impaired as a result of the conviction. Has
        been determined by the Commission to be unfit by reason
        of conviction of an offense in this or another state,
        other than a minor traffic offense, that the Commission
        determines in accordance with Section 85 will impair
        the ability of the person to engage in the position for
        which a permit is sought. The Commission shall adopt
        rules for making those determinations.
            (C) Has had a license or recovery permit denied,
        suspended, or revoked under this Act.
            (D) Has not successfully completed a certification
        program approved by the Commission.
        (2) No person may be employed by a repossession agency
    under this Section until he or she has executed and
    furnished to the Commission, on forms furnished by the
    Commission, a verified statement to be known as an
    "Employee's Statement" setting forth all of the following:
            (A) The person's full name, age, and residence
        address.
            (B) The business or occupation engaged in for the 5
        years immediately before the date of the execution of
        the statement, the place where the business or
        occupation was engaged in, and the names of the
        employers, if any.
            (C) That the person has not had a license or
        recovery permit denied, revoked, or suspended under
        this Act.
            (D) Any conviction of a felony, except as provided
        for in Section 85.
            (E) Any other information as may be required by any
        rule of the Commission to show the good character,
        competency, and integrity of the person executing the
        statement.
    (b) Each applicant for a recovery permit shall have his or
her fingerprints submitted to the Commission by a Live Scan
fingerprint vendor certified by the Illinois State Police under
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
format that complies with the form and manner for requesting
and furnishing criminal history record information as
prescribed by the Illinois State Police. These fingerprints
shall be checked against the Illinois State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Commission shall charge applicants a
fee for conducting the criminal history records check, which
shall not exceed the actual cost of the records check. The
Illinois Commerce Commission Police shall furnish, pursuant to
positive identification, records of Illinois convictions to
the Commission. The Commission, in its discretion, may allow an
applicant who does not have reasonable access to a designated
vendor to provide his or her fingerprints in an alternative
manner. The Commission, in its discretion, may also use other
procedures in performing or obtaining criminal history records
checks of applicants. Instead of submitting his or her
fingerprints, an individual may submit proof that is
satisfactory to the Commission that an equivalent security
clearance has been conducted.
    (c) Qualified applicants shall purchase a recovery permit
from the Commission and in a form that the Commission
prescribes. The Commission shall notify the submitting person
within 10 days after receipt of the application of its intent
to issue or deny the recovery permit. The holder of a recovery
permit shall carry the recovery permit at all times while
actually engaged in the performance of the duties of his or her
employment. No recovery permit shall be effective unless
accompanied by a license issued by the Commission. Expiration
and requirements for renewal of recovery permits shall be
established by rule of the Commission. Possession of a recovery
permit does not in any way imply that the holder of the
recovery permit is employed by any agency unless the recovery
permit is accompanied by the employee identification card
required by subsection (e) of this Section.
    (d) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Commission. The record shall contain all of the following
information:
        (1) A photograph taken within 10 days after the date
    that the employee begins employment with the employer. The
    photograph shall be replaced with a current photograph
    every 3 calendar years.
        (2) The Employee's Statement specified in paragraph
    (2) of subsection (a) of this Section.
        (3) All correspondence or documents relating to the
    character and integrity of the employee received by the
    employer from any official source or law enforcement
    agency.
        (4) In the case of former employees, the employee
    identification card of that person issued under subsection
    (e) of this Section.
    (e) Every employer shall furnish an employee
identification card to each of his or her employees. This
subsection (e) shall not apply to office or clerical personnel.
This employee identification card shall contain a recent
photograph of the employee, the employee's name, the name and
agency license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
    (f) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registration to file with the Commission the
fingerprints of a person other than himself or herself or to
fail to exercise due diligence in resubmitting replacement
fingerprints for those employees who have had original
fingerprint submissions returned as unclassifiable. An agency
shall inform the Commission within 15 days after contracting or
employing a licensed repossession agency employee. The
Commission shall develop a registration process by rule.
    (g) Every employer shall obtain the identification card of
every employee who terminates employment with the employer. An
employer shall immediately report an identification card that
is lost or stolen to the local police department having
jurisdiction over the repossession agency location.
    (h) No agency may employ any person to perform any activity
under this Act unless the person possesses a valid license or
recovery permit under this Act.
    (i) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, then the Commission shall so notify the
agency that submitted the fingerprints on behalf of that
person.
    (j) A person employed under this Section shall have 15
business days within which to notify the Commission of any
change in employer, but may continue working under any other
recovery permits granted as an employee or independent
contractor.
    (k) This Section applies only to those employees of
licensed repossession agencies whose duties include actual
repossession of collateral.
    (l) An applicant who is 21 years of age or older seeking a
religious exemption to the photograph requirement of this
Section shall furnish with his or her application an approved
copy of United States Department of the Treasury Internal
Revenue Service Form 4029. Regardless of age, an applicant
seeking a religious exemption to this photograph requirement
shall submit fingerprints in a form and manner prescribed by
the Commission with his or her application in lieu of a
photograph.
(Source: P.A. 100-286, eff. 1-1-18.)
 
    (225 ILCS 422/80)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 80. Refusal, revocation, or suspension.
    (a) The Commission may refuse to issue or renew or may
revoke any license or recovery permit or may suspend, place on
probation, fine, or take any disciplinary action that the
Commission may deem proper, including fines not to exceed
$2,500 for each violation, with regard to any license holder or
recovery permit holder or applicant for one or any combination
of the following causes:
        (1) Knowingly making any misrepresentation for the
    purpose of obtaining a license or recovery permit.
        (2) Violations of this Act or its rules.
        (3) For a license licensees or permit holder or
    applicant holders, conviction of any crime under the laws
    of the United States or any state or territory thereof that
    is (i) a felony, (ii) a misdemeanor, an essential element
    of which is dishonesty, or (iii) a crime that is related to
    the practice of the profession. For license or permit
    holders or applicants, the provisions of Section 85 of this
    Act apply. Commission may refuse to issue a license or
    permit based on restrictions set forth in paragraph (2) of
    subsection (a) of Section 40 and subparagraph (B) of
    paragraph (1) of subsection (a) of Section 45,
    respectively, if the Commission determines in accordance
    with Section 85 that such conviction will impair the
    ability of the applicant to engage in the position for
    which a license or permit is sought.
        (4) Aiding or abetting another in violating any
    provision of this Act or its rules.
        (5) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public as defined by rule.
        (6) Violation of any court order from any State or
    public agency engaged in the enforcement of payment of
    child support arrearages or for noncompliance with certain
    processes relating to paternity or support proceeding.
        (7) Solicitation of professional services by using
    false or misleading advertising.
        (8) A finding that the license or recovery permit was
    obtained by fraudulent means.
        (9) Practicing or attempting to practice under a name
    other than the full name shown on the license or recovery
    permit or any other legally authorized name.
    (b) The Commission may refuse to issue or may suspend the
license or recovery permit of any person or entity who fails to
file a return, pay the tax, penalty, or interest shown in a
filed return, or pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Department of Revenue, until the time the requirements of the
tax Act are satisfied. The Commission may take into
consideration any pending tax disputes properly filed with the
Department of Revenue.
(Source: P.A. 100-286, eff. 1-1-18.)
 
    (225 ILCS 422/85)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 85. Consideration of past crimes.
    (a) The Commission shall not require the license or permit
holder or applicant applicant to report the following
information and shall not consider the following criminal
history records in connection with an application for a license
or permit under this Act:
        (1) Juvenile adjudications of delinquent minors as
    defined in Section 5-105 of the Juvenile Court Act of 1987,
    subject to the restrictions set forth in Section 5-130 of
    the Juvenile Court Act of 1987.
        (2) Law enforcement records, court records, and
    conviction records of an individual who was 18 17 years old
    or younger at the time of the conviction for the offense
    and before January 1, 2014, unless the nature of the
    offense required the individual to be tried as an adult.
        (3) Records of arrest not followed by a conviction.
        (4) Convictions overturned by a higher court.
        (5) Convictions or arrests that have been sealed or
    expunged.
    (b) When considering the denial of a license or recovery
permit on the grounds of conviction of a crime, including those
set forth in paragraph (2) of subsection (a) of Section 40 and
subparagraph (B) of paragraph (1) of subsection (a) of Section
45, respectively, the Commission, in evaluating whether the
conviction will impair the license or permit holder's or
applicant's ability to engage in the position for which a
license or permit is sought and the license or permit holder's
or applicant's present eligibility for a license or recovery
permit, shall consider each of the following criteria:
        (1) The lack of direct relation of the offense for
    which the license or permit holder or applicant was
    previously convicted to the duties, functions, and
    responsibilities of the position for which a license or
    permit is sought.
        (2) Circumstances relative to the offense, including
    the license or permit holder's or applicant's age at the
    time that the offense was committed.
        (3) Evidence of any act committed subsequent to the act
    or crime under consideration as grounds for denial, which
    also could be considered as grounds for disciplinary action
    under this Act.
        (4) Whether 5 years since a conviction or 3 years since
    successful completion of the imposed sentence release from
    confinement for the conviction, whichever is later, have
    passed without a subsequent conviction.
        (5) Successful completion of sentence or for license or
    permit holders or applicants serving a term of parole or
    probation, a progress report provided by the license or
    permit holder's or applicant's probation or parole officer
    that documents the license or permit holder's or
    applicant's compliance with conditions of supervision.
        (6) If the license or permit holder or applicant was
    previously licensed or employed in this State or other
    states or jurisdictions, then the lack of prior misconduct
    arising from or related to the licensed position or
    position of employment.
        (7) Evidence of rehabilitation or rehabilitative
    effort during or after incarceration, or during or after a
    term of supervision, including, but not limited to, a
    certificate of good conduct under Section 5-5.5-25 of the
    Unified Code of Corrections or a certificate of relief from
    disabilities under Section 5-5.5-10 of the Unified Code of
    Corrections.
        (8) Any other mitigating factors that contribute to the
    license or permit holder's or applicant's person's
    potential and current ability to perform the duties and
    responsibilities of practices licensed or registered under
    this Act.
    (c) When considering the suspension or revocation of a
license or recovery permit on the grounds of conviction of a
crime, the Commission, in evaluating the rehabilitation of the
license or permit holder applicant, whether the conviction will
impair the license or permit holder's applicant's ability to
engage in the position for which a license or permit is sought,
and the license or permit holder's applicant's present
eligibility for a license or recovery permit, shall consider
each of the following criteria:
        (1) The nature and severity of the act or offense.
        (2) The license holder's or recovery permit holder's
    criminal record in its entirety.
        (3) The amount of time that has lapsed since the
    commission of the act or offense.
        (4) Whether the license holder or recovery permit
    holder has complied with any terms of parole, probation,
    restitution, or any other sanctions lawfully imposed
    against him or her.
        (5) If applicable, evidence of expungement
    proceedings.
        (6) Evidence, if any, of rehabilitation submitted by
    the license holder or recovery permit holder.
    (d) If the Commission refuses to issue or renew a license
or permit, or suspends, revokes, places on probation, or takes
any disciplinary action that the Commission may deem proper
against a license or permit grant a license or permit to an
applicant, then the Commission shall notify the license or
permit holder or applicant of the decision denial in writing
with the following included in the notice of decision denial:
        (1) a statement about the decision to refuse to grant a
    license or permit;
        (2) a list of the convictions that the Commission
    determined will impair the license or permit holder's or
    applicant's ability to engage in the position for which a
    license or permit is sought;
        (3) a list of convictions that formed the sole or
    partial basis for the decision refusal to grant a license
    or permit; and
        (4) a summary of the appeal process or the earliest
    reapplication for a license or permit is permissible the
    applicant may reapply for a license or permit, whichever is
    applicable.
    (e) No later than May 1 of each year, the Commission must
prepare, publicly announce, and publish a report of summary
statistical information relating to new and renewal license or
permit applications during the preceding calendar year. Each
report shall show, at a minimum:
        (1) the number of applicants for a new or renewal
    license or permit under this Act within the previous
    calendar year;
        (2) the number of applicants for a new or renewal
    license or permit under this Act within the previous
    calendar year who had a any criminal conviction identified
    in paragraph (3) of subsection (a) of Section 80;
        (3) the number of applicants for a new or renewal
    license or permit under this Act in the previous calendar
    year who were granted a license or permit;
        (4) the number of applicants for a new or renewal
    license or permit with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80 who were
    granted a license or permit under this Act within the
    previous calendar year;
        (5) the number of applicants for a new or renewal
    license or permit under this Act within the previous
    calendar year who were denied a license or permit;
        (6) the number of applicants for a new or renewal
    license or permit with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80 who were
    denied a license or permit under this Act in the previous
    calendar year in whole or in part because of the a prior
    conviction;
        (7) the number of licenses or permits issued with a
    condition of on probation without monitoring imposed by the
    Commission under this Act in the previous calendar year to
    applicants with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80; and
        (8) the number of licenses or permits issued with a
    condition of on probation with monitoring imposed by the
    Commission under this Act in the previous calendar year to
    applicants with a criminal conviction identified in
    paragraph (3) of subsection (a) of Section 80.
(Source: P.A. 100-286, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect January
1, 2019.

Effective Date: 1/1/2019