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Rep. Mark L. Walker
Filed: 3/15/2021
| | 10200HB1803ham001 | | LRB102 11043 BMS 23175 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1803
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1803 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Collection Agency Act is amended by |
| 5 | | changing Sections 4.5 and 8a as follows:
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| 6 | | (225 ILCS 425/4.5)
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| 7 | | (Section scheduled to be repealed on January 1, 2026)
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| 8 | | Sec. 4.5. Unlicensed practice; violation; civil penalty.
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| 9 | | (a) Any person who practices, offers to practice, attempts |
| 10 | | to practice, or
holds oneself out to practice as a collection |
| 11 | | agency without being licensed
under this Act shall, in
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| 12 | | addition to any other penalty provided by law, pay a civil |
| 13 | | penalty to the
Department in an amount not to exceed $10,000 |
| 14 | | for each offense as determined by
the Department. The civil |
| 15 | | penalty shall be assessed by the Department after a
hearing is |
| 16 | | held in accordance with the provisions set forth in this Act
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| 1 | | regarding the provision of a hearing for the discipline of a |
| 2 | | licensee.
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| 3 | | (b) The Department has the authority and power to |
| 4 | | investigate any and all
unlicensed activity. In addition to |
| 5 | | taking any other action provided under this Act, whenever the |
| 6 | | Department has reason to believe a person has violated any |
| 7 | | provision of subsection (a) of this Section, the Department |
| 8 | | may issue a rule to show cause why an order to cease and desist |
| 9 | | should not be entered against that person. The rule shall |
| 10 | | clearly set forth the grounds relied upon by the Department |
| 11 | | and shall provide a period of 7 days from the date of the rule |
| 12 | | to file an answer to the satisfaction of the Department. |
| 13 | | Failure to answer to the satisfaction of the Department shall |
| 14 | | cause an order to cease and desist to be issued immediately.
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| 15 | | (c) The civil penalty shall be paid within 60 days after |
| 16 | | the effective date
of the order imposing the civil penalty. |
| 17 | | The order shall constitute a judgment
and may be filed and |
| 18 | | execution had thereon in the same manner as any judgment
from |
| 19 | | any court of record.
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| 20 | | (d) All moneys collected under this Section shall be |
| 21 | | deposited into the Financial Institution General Professions |
| 22 | | Dedicated Fund. |
| 23 | | (Source: P.A. 99-227, eff. 8-3-15.)
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| 24 | | (225 ILCS 425/8a) (from Ch. 111, par. 2011a)
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| 25 | | (Section scheduled to be repealed on January 1, 2026)
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| 1 | | Sec. 8a. Fees. |
| 2 | | (a) The
fees for the administration and enforcement of |
| 3 | | this Act, including but not
limited to original licensure, |
| 4 | | renewal, and restoration, shall be set by the Department by |
| 5 | | rule. All fees are
nonrefundable.
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| 6 | | (b) All fees collected under this Act by the Department |
| 7 | | shall be deposited into the Financial Institution General
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| 8 | | Professions Dedicated Fund and shall be appropriated to the |
| 9 | | Department for the
ordinary and contingent expenses of the |
| 10 | | Department in the administration of
this Act. After the |
| 11 | | effective date of this amendatory Act of the 102nd General |
| 12 | | Assembly, the Department may transfer any fees collected under |
| 13 | | this Act from the General Professions Dedicated Fund to the |
| 14 | | Financial Institutions Fund.
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| 15 | | (c) The administration fee charged by the multi-state |
| 16 | | licensing system shall be paid directly to the multi-state |
| 17 | | licensing system. |
| 18 | | (Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
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| 19 | | Section 99. Effective date. This Act takes effect upon |
| 20 | | becoming law.".
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