Bill Status of HB 5220   102nd General Assembly

Short Description:  COLLECTION AGENCY ACT

House Sponsors
Rep. Mark L. Walker and Katie Stuart

Senate Sponsors
(Sen. Ann Gillespie)


Last Action  View All Actions

DateChamber Action
  5/27/2022HousePublic Act . . . . . . . . . 102-0975

Statutes Amended In Order of Appearance
5 ILCS 80/4.36
20 ILCS 1205/4from Ch. 17, par. 104
20 ILCS 1205/6from Ch. 17, par. 106
225 ILCS 425/2from Ch. 111, par. 2002
225 ILCS 425/4.5
225 ILCS 425/5from Ch. 111, par. 2008
225 ILCS 425/7from Ch. 111, par. 2010
225 ILCS 425/8afrom Ch. 111, par. 2011a
225 ILCS 425/9from Ch. 111, par. 2012
225 ILCS 425/9.2
225 ILCS 425/13.2from Ch. 111, par. 2038.2
225 ILCS 425/16
225 ILCS 425/26
225 ILCS 425/30
225 ILCS 425/11 rep.
225 ILCS 425/13.1 rep.
225 ILCS 425/17 rep.
225 ILCS 425/19 rep.
225 ILCS 425/20 rep.
225 ILCS 425/21 rep.
225 ILCS 425/22 rep.
225 ILCS 425/23 rep.
225 ILCS 425/24 rep.
225 ILCS 425/25 rep.

Synopsis As Introduced
Amends the Regulatory Sunset Act to remove the Collection Agency Act from the provisions of the Act. Amends the Financial Institutions Code. Sets forth the powers and duties of the Division of Financial Institutions of the Department of Financial and Professional Regulation. Amends the Collection Agency Act. Provides that no action may be filed against any licensee for violation of the terms of the Act or its rules unless the action is commenced within 5 years after the discovery of the alleged violation (rather than the occurrence of the alleged violation). Makes changes to provisions concerning definitions; unlicensed practice, violations, and civil penalties; application for original licensure; qualifications for licensure; fees; disciplinary action; communication in connection with debt collection; powers and duties of the Department; investigation, notice, and hearing; administrative review and venue; and expiration, renewal, and restoration of licenses. Repeals provisions concerning: informal conferences; the Collection Agency Licensing and Disciplinary Board; records of hearings; findings and recommendations; rehearings; appointment of hearing officers; orders or certified copies; restoration of licenses from discipline; and surrender of licenses. Makes other changes. Effective January 1, 2023.

House Floor Amendment No. 1
Deletes reference to:
5 ILCS 80/4.36
225 ILCS 425/11 rep.
225 ILCS 425/13.1 rep.
225 ILCS 425/17 rep.
225 ILCS 425/19 rep.
225 ILCS 425/20 rep.
225 ILCS 425/21 rep.
225 ILCS 425/22 rep.
225 ILCS 425/23 rep.
225 ILCS 425/24 rep.
Adds reference to:
225 ILCS 425/11from Ch. 111, par. 2036

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Removes provisions amending the Regulatory Sunset Act. Removes language repealing specified provisions of the Collection Agency Act. Restores language providing that the Department of Financial and Professional Regulation may obtain written recommendations from the Collection Agency Licensing and Disciplinary Board regarding standards of professional conduct, formal disciplinary actions, and the formulation of rules affecting these matters. Restores language providing that at the discretion of the Secretary, after having first received the recommendation of the Board, the accused person's license may be suspended or revoked, if the evidence constitutes sufficient grounds for such action. Provides that an adjudicated finding (rather than a finding) by the Federal Trade Commission or other federal or State agency that a licensee violated the federal Fair Debt Collection Practices Act or its rules is grounds for discipline. Makes other changes. Further amends the Collection Agency Act. In provisions concerning informal conferences, provides that informal conferences shall be conducted with at least one member of the Board in attendance after a formal hearing is requested (rather than informal conferences shall be conducted with at least one member of the Board in attendance). Effective January 1, 2023.

Actions 
DateChamber Action
  1/27/2022HouseFiled with the Clerk by Rep. Mark L. Walker
  1/31/2022HouseFirst Reading
  1/31/2022HouseReferred to Rules Committee
  2/9/2022HouseAssigned to Executive Committee
  2/16/2022HouseDo Pass / Short Debate Executive Committee; 015-000-000
  2/17/2022HousePlaced on Calendar 2nd Reading - Short Debate
  2/25/2022HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mark L. Walker
  2/25/2022HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/1/2022HouseAdded Co-Sponsor Rep. Katie Stuart
  3/1/2022HouseHouse Floor Amendment No. 1 Rules Refers to Executive Committee
  3/2/2022HouseHouse Floor Amendment No. 1 Recommends Be Adopted Executive Committee; 015-000-000
  3/2/2022HouseSecond Reading - Short Debate
  3/2/2022HouseHeld on Calendar Order of Second Reading - Short Debate
  3/3/2022HouseHouse Floor Amendment No. 1 Adopted
  3/3/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2022HouseThird Reading - Short Debate - Passed 104-000-000
  3/4/2022SenateArrive in Senate
  3/4/2022SenatePlaced on Calendar Order of First Reading March 8, 2022
  3/8/2022SenateChief Senate Sponsor Sen. Ann Gillespie
  3/8/2022SenateFirst Reading
  3/8/2022SenateReferred to Assignments
  3/16/2022SenateAssigned to Financial Institutions
  3/23/2022SenateDo Pass Financial Institutions; 008-000-000
  3/23/2022SenatePlaced on Calendar Order of 2nd Reading
  3/24/2022SenateSecond Reading
  3/24/2022SenatePlaced on Calendar Order of 3rd Reading March 25, 2022
  3/31/2022SenateThird Reading - Passed; 054-000-000
  3/31/2022HousePassed Both Houses
  4/28/2022HouseSent to the Governor
  5/27/2022HouseGovernor Approved
  5/27/2022HouseEffective Date January 1, 2023
  5/27/2022HousePublic Act . . . . . . . . . 102-0975

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