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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by | ||||||||||||||||||||||||
5 | changing Section 4.32 and by adding Section 4.41 as follows: | ||||||||||||||||||||||||
6 | (5 ILCS 80/4.32) | ||||||||||||||||||||||||
7 | Sec. 4.32. Acts repealed on January 1, 2022. The following | ||||||||||||||||||||||||
8 | Acts are repealed on January 1, 2022: | ||||||||||||||||||||||||
9 | The Boxing and Full-contact Martial Arts Act. | ||||||||||||||||||||||||
10 | The Cemetery Oversight Act. | ||||||||||||||||||||||||
11 | The Collateral Recovery Act. | ||||||||||||||||||||||||
12 | The Community Association Manager Licensing and | ||||||||||||||||||||||||
13 | Disciplinary Act. | ||||||||||||||||||||||||
14 | The Crematory Regulation Act. | ||||||||||||||||||||||||
15 | The Detection of Deception Examiners Act.
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16 | The Home Inspector License Act.
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17 | The Illinois Health Information Exchange and Technology | ||||||||||||||||||||||||
18 | Act. | ||||||||||||||||||||||||
19 | The Medical Practice Act of 1987. | ||||||||||||||||||||||||
20 | The Registered Interior Designers Act.
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21 | The Massage Licensing Act.
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22 | The Petroleum Equipment Contractors Licensing Act.
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23 | The Radiation Protection Act of 1990. |
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1 | The Real Estate Appraiser Licensing Act of 2002. | ||||||
2 | The Water Well and Pump Installation Contractor's License | ||||||
3 | Act. | ||||||
4 | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | ||||||
5 | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | ||||||
6 | (5 ILCS 80/4.41 new) | ||||||
7 | Sec. 4.41. Act repealed on January 1, 2032. The following | ||||||
8 | Act is repealed on January 1, 2032: | ||||||
9 | The Collateral Recovery Act. | ||||||
10 | Section 10. The Collateral Recovery Act is amended by | ||||||
11 | changing Sections 35, 45, 50, 75, and 85 as follows: | ||||||
12 | (225 ILCS 422/35) | ||||||
13 | (Section scheduled to be repealed on January 1, 2022) | ||||||
14 | Sec. 35. Application for repossession agency licensure. | ||||||
15 | (a) Application for original licensure as a repossession | ||||||
16 | agency shall be made to the Commission in writing on forms | ||||||
17 | prescribed by the Commission and shall be accompanied by the | ||||||
18 | appropriate documentation and the required fee, and the fee is | ||||||
19 | nonrefundable. | ||||||
20 | (b) Every application shall state, in addition to any | ||||||
21 | other requirements, (i) the name of the applicant, (ii) the | ||||||
22 | name under which the applicant shall do business, (iii) the | ||||||
23 | proposed location of the agency by number, street, and city, |
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1 | and (iv) the proposed location of the agency's remote storage | ||||||
2 | location or locations by number, street, and city, (v) the | ||||||
3 | proposed location of the Agency's branch office or branch | ||||||
4 | offices by number, street, and city, and (vi) the usual | ||||||
5 | business hours that the agency shall maintain. | ||||||
6 | (c) No license may be issued (i) in any fictitious name | ||||||
7 | that may be confused with or is similar to any federal, state, | ||||||
8 | county, or municipal government function or agency, (ii) in | ||||||
9 | any name that may tend to describe any business function or | ||||||
10 | enterprise not actually engaged in by the applicant, (iii) in | ||||||
11 | any name that is the same as or similar to any existing | ||||||
12 | licensed company and that would tend to deceive the public, | ||||||
13 | (iv) in any name that would tend to be deceptive or misleading, | ||||||
14 | or (v) to any repossession agency applicant without that | ||||||
15 | agency's location or branch office location maintaining a | ||||||
16 | secured storage facility as defined in Section 10 of this Act. | ||||||
17 | (d) If the applicant for repossession agency licensure is | ||||||
18 | an individual, then his or her application shall include (i) | ||||||
19 | the full residential address of the applicant and (ii) either | ||||||
20 | the sworn statement of the applicant declaring that he or she | ||||||
21 | is the licensed recovery manager who shall be personally in | ||||||
22 | control of the agency for which the licensure is sought, or the | ||||||
23 | name and signed sworn statement of the licensed recovery | ||||||
24 | manager who shall be in control or management of the agency. | ||||||
25 | (e) If the applicant for repossession agency licensure is | ||||||
26 | a partnership, then the application shall include (i) a |
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1 | statement of the names and full residential addresses of all | ||||||
2 | partners in the business and (ii) a sworn statement signed by | ||||||
3 | each partner verifying the name of the person who is a licensed | ||||||
4 | recovery manager and shall be in control or management of the | ||||||
5 | business. If a licensed recovery manager who is not a partner | ||||||
6 | shall be in control or management of the agency, then he or she | ||||||
7 | must also sign the sworn statement. The application shall also | ||||||
8 | state whether any of the partners has ever used an alias. | ||||||
9 | (f) If the applicant for licensure as a repossession | ||||||
10 | agency is a corporation, then the application shall include | ||||||
11 | (i) the names and full residential addresses of all | ||||||
12 | corporation officers and (ii) a sworn statement signed by a | ||||||
13 | duly authorized officer of the corporation verifying the name | ||||||
14 | of the person who is a licensed recovery manager and shall be | ||||||
15 | in control or management of the agency. If a licensed recovery | ||||||
16 | manager who is not an officer shall be in control or management | ||||||
17 | of the agency, then he or she must also sign the sworn | ||||||
18 | statement. The application shall also state whether any of the | ||||||
19 | officers has ever used an alias. | ||||||
20 | (g) If the applicant for licensure as a repossession | ||||||
21 | agency is a limited liability company, then the application | ||||||
22 | shall include (i) the names and full residential addresses of | ||||||
23 | all members and (ii) a sworn statement signed by each member | ||||||
24 | verifying the name of the person who is a licensed recovery | ||||||
25 | manager and shall be in control or management of the agency. If | ||||||
26 | a licensed recovery manager who is not a member shall be in |
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1 | control or management of the agency, then he or she must also | ||||||
2 | sign the sworn statement. The application shall also state | ||||||
3 | whether any of the members has ever used an alias. | ||||||
4 | (h) Each individual, partner of a partnership, officer of | ||||||
5 | a corporation, or member of a limited liability company shall | ||||||
6 | submit with the application a copy of one form of personal | ||||||
7 | identification upon which must appear a recent photograph | ||||||
8 | taken within one year immediately preceding the date of the | ||||||
9 | filing of the application . An applicant who is 21 years of age | ||||||
10 | or older seeking a religious exemption to the photograph | ||||||
11 | requirement of this subsection shall furnish with the | ||||||
12 | application an approved copy of United States Department of | ||||||
13 | the Treasury Internal Revenue Service Form 4029. Regardless of | ||||||
14 | age, an applicant seeking a religious exemption to this | ||||||
15 | photograph requirement shall submit fingerprints in a form and | ||||||
16 | manner prescribed by the Commission with his or her | ||||||
17 | application in lieu of a photograph. | ||||||
18 | (i) No examination shall be required for licensure as a | ||||||
19 | repossession agency by the Commission. | ||||||
20 | (j) The Commission may require any additional information | ||||||
21 | that, in the judgment of the Commission, shall enable the | ||||||
22 | Commission to determine the qualifications of the applicant | ||||||
23 | for licensure. | ||||||
24 | (k) Applicants have 90 days from the date of application | ||||||
25 | to complete the application process. If the application has | ||||||
26 | not been completed within 90 days, then the application shall |
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1 | be denied, the fee shall be forfeited, and the applicant must | ||||||
2 | reapply and meet the requirements in effect at the time of | ||||||
3 | reapplication. | ||||||
4 | (l) Nothing in this Section precludes a domestic or | ||||||
5 | foreign limited liability company being licensed as a | ||||||
6 | repossession agency. | ||||||
7 | (m) A repossession agency license may be transferable upon | ||||||
8 | prior notice to the Commission and upon completion of all | ||||||
9 | requirements relative to the application process for | ||||||
10 | repossession agency licensure. | ||||||
11 | (n) Repossessions performed in this State must be | ||||||
12 | performed by
repossession agencies, their employees, or agents | ||||||
13 | licensed by the Commission, with the exception of financial | ||||||
14 | institutions or the employees of a financial institution that | ||||||
15 | are exempt under subsection (d) of Section 30 of this Act.
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16 | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) | ||||||
17 | (225 ILCS 422/45) | ||||||
18 | (Section scheduled to be repealed on January 1, 2022) | ||||||
19 | Sec. 45. Repossession agency employee requirements. | ||||||
20 | (a) All employees of a licensed repossession agency whose | ||||||
21 | duties include the actual repossession of collateral must | ||||||
22 | apply for a recovery permit. The holder of a repossession | ||||||
23 | agency license issued under this Act, known in this Section as | ||||||
24 | the "employer", may employ in the conduct of the business | ||||||
25 | under the following provisions: |
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1 | (1) No person may be issued a recovery permit who | ||||||
2 | meets any of the following criteria: | ||||||
3 | (A) Is younger than 21 years of age. | ||||||
4 | (B) Has been convicted of a crime identified in | ||||||
5 | paragraph (3) of subsection (a) of Section 80 of this | ||||||
6 | Act and the Commission determines the ability of the | ||||||
7 | person to engage in the position for which a permit is | ||||||
8 | sought is impaired as a result of the conviction. | ||||||
9 | (C) Has had a license or recovery permit denied, | ||||||
10 | suspended, or revoked under this Act. | ||||||
11 | (D) Has not successfully completed a certification | ||||||
12 | program approved by the Commission. | ||||||
13 | (2) No person may be employed by a repossession agency | ||||||
14 | under this Section until he or she has executed and | ||||||
15 | furnished to the Commission, on forms furnished by the | ||||||
16 | Commission, a verified statement to be known as an | ||||||
17 | "Employee's Statement" setting forth all of the following: | ||||||
18 | (A) The person's full name, age, and residence | ||||||
19 | address. | ||||||
20 | (B) The business or occupation engaged in for the | ||||||
21 | 5 years immediately before the date of the execution | ||||||
22 | of the statement, the place where the business or | ||||||
23 | occupation was engaged in, and the names of the | ||||||
24 | employers, if any. | ||||||
25 | (C) That the person has not had a license or | ||||||
26 | recovery permit denied, revoked, or suspended under |
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1 | this Act. | ||||||
2 | (D) Any conviction of a felony, except as provided | ||||||
3 | for in Section 85. | ||||||
4 | (E) Any other information as may be required by | ||||||
5 | any rule of the Commission to show the good character, | ||||||
6 | competency, and integrity of the person executing the | ||||||
7 | statement. | ||||||
8 | (b) Each applicant for a recovery permit shall have his or | ||||||
9 | her fingerprints submitted to the Commission by a Live Scan | ||||||
10 | fingerprint vendor certified by the Illinois State Police | ||||||
11 | under the Private Detective, Private Alarm, Private Security, | ||||||
12 | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic | ||||||
13 | format that complies with the form and manner for requesting | ||||||
14 | and furnishing criminal history record information as | ||||||
15 | prescribed by the Illinois State Police. These fingerprints | ||||||
16 | shall be checked against the Illinois State Police and Federal | ||||||
17 | Bureau of Investigation criminal history record databases now | ||||||
18 | and hereafter filed. The Commission shall charge applicants a | ||||||
19 | fee for conducting the criminal history records check, which | ||||||
20 | shall not exceed the actual cost of the records check. The | ||||||
21 | Illinois Commerce Commission Police shall furnish, pursuant to | ||||||
22 | positive identification, records of Illinois convictions to | ||||||
23 | the Commission. The Commission, in its discretion, may allow | ||||||
24 | an applicant who does not have reasonable access to a | ||||||
25 | designated vendor to provide his or her fingerprints in an | ||||||
26 | alternative manner. The Commission, in its discretion, may |
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1 | also use other procedures in performing or obtaining criminal | ||||||
2 | history records checks of applicants. Instead of submitting | ||||||
3 | his or her fingerprints, an individual may submit proof that | ||||||
4 | is satisfactory to the Commission that an equivalent security | ||||||
5 | clearance has been conducted. | ||||||
6 | (c) Qualified applicants shall purchase a recovery permit | ||||||
7 | from the Commission and in a form that the Commission | ||||||
8 | prescribes. The Commission shall notify the submitting person | ||||||
9 | within reasonable time period 10 days after receipt of the | ||||||
10 | application of its intent to issue or deny the recovery | ||||||
11 | permit. The holder of a recovery permit shall carry the | ||||||
12 | recovery permit at all times while actually engaged in the | ||||||
13 | performance of the duties of his or her employment. No | ||||||
14 | recovery permit shall be effective unless accompanied by a | ||||||
15 | license issued by the Commission. Expiration and requirements | ||||||
16 | for renewal of recovery permits shall be established by rule | ||||||
17 | of the Commission. Possession of a recovery permit does not in | ||||||
18 | any way imply that the holder of the recovery permit is | ||||||
19 | employed by any agency unless the recovery permit is | ||||||
20 | accompanied by the employee identification card required by | ||||||
21 | subsection (e) of this Section. | ||||||
22 | (d) Each employer shall maintain a record of each employee | ||||||
23 | that is accessible to the duly authorized representatives of | ||||||
24 | the Commission. The record shall contain all of the following | ||||||
25 | information: | ||||||
26 | (1) A photograph taken within 10 days after the date |
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1 | that the employee begins employment with the employer. The | ||||||
2 | photograph shall be replaced with a current photograph | ||||||
3 | every 3 calendar years. | ||||||
4 | (2) The Employee's Statement specified in paragraph | ||||||
5 | (2) of subsection (a) of this Section. | ||||||
6 | (3) All correspondence or documents relating to the | ||||||
7 | character and integrity of the employee received by the | ||||||
8 | employer from any official source or law enforcement | ||||||
9 | agency. | ||||||
10 | (4) In the case of former employees, the employee | ||||||
11 | identification card of that person issued under subsection | ||||||
12 | (e) of this Section. | ||||||
13 | (e) Every employer shall furnish an employee | ||||||
14 | identification card to each of his or her employees. This | ||||||
15 | subsection (e) shall not apply to office or clerical | ||||||
16 | personnel. This employee identification card shall contain a | ||||||
17 | recent photograph of the employee, the employee's name, the | ||||||
18 | name and agency license number of the employer, the employee's | ||||||
19 | personal description, the signature of the employer, the | ||||||
20 | signature of that employee, the date of issuance, and an | ||||||
21 | employee identification card number. | ||||||
22 | (f) No employer may issue an employee identification card | ||||||
23 | to any person who is not employed by the employer in accordance | ||||||
24 | with this Section or falsely state or represent that a person | ||||||
25 | is or has been in his or her employ. It is unlawful for an | ||||||
26 | applicant for registration to file with the Commission the |
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1 | fingerprints of a person other than himself or herself or to | ||||||
2 | fail to exercise due diligence in resubmitting replacement | ||||||
3 | fingerprints for those employees who have had original | ||||||
4 | fingerprint submissions returned as unclassifiable. An agency | ||||||
5 | shall inform the Commission within 15 days after contracting | ||||||
6 | or employing a licensed repossession agency employee. The | ||||||
7 | Commission shall develop a registration process by rule. | ||||||
8 | (g) Every employer shall obtain the identification card of | ||||||
9 | every employee who terminates employment with the employer. An | ||||||
10 | employer shall immediately report an identification card that | ||||||
11 | is lost or stolen to the local police department having | ||||||
12 | jurisdiction over the repossession agency location. | ||||||
13 | (h) No agency may employ any person to perform any | ||||||
14 | activity under this Act unless the person possesses a valid | ||||||
15 | license or recovery permit under this Act. | ||||||
16 | (i) If information is discovered affecting the | ||||||
17 | registration of a person whose fingerprints were submitted | ||||||
18 | under this Section, then the Commission shall so notify the | ||||||
19 | agency that submitted the fingerprints on behalf of that | ||||||
20 | person. | ||||||
21 | (j) A person employed under this Section shall have 15 | ||||||
22 | business days within which to notify the Commission of any | ||||||
23 | change in employer , but may continue working under any other | ||||||
24 | recovery permits granted as an employee or independent | ||||||
25 | contractor . A recovery employee may work under the recovery | ||||||
26 | permit for multiple licensed repossession agencies. |
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1 | (k) This Section applies only to those employees of | ||||||
2 | licensed repossession agencies whose duties include actual | ||||||
3 | repossession of collateral.
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4 | (l) An applicant who is 21 years of age or older seeking a | ||||||
5 | religious exemption to the photograph requirement of this | ||||||
6 | Section shall furnish with his or her application an approved | ||||||
7 | copy of United States Department of the Treasury Internal | ||||||
8 | Revenue Service Form 4029. Regardless of age, an applicant | ||||||
9 | seeking a religious exemption to this photograph requirement | ||||||
10 | shall submit fingerprints in a form and manner prescribed by | ||||||
11 | the Commission with his or her application in lieu of a | ||||||
12 | photograph. | ||||||
13 | (Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19 .) | ||||||
14 | (225 ILCS 422/50)
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15 | (Section scheduled to be repealed on January 1, 2022) | ||||||
16 | Sec. 50. Fees. | ||||||
17 | (a) The license and permit fees required under this Act | ||||||
18 | are as follows: | ||||||
19 | (1) Class "R" license (recovery agency), $825.
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20 | (2) Class "RR" license (branch office), $425. | ||||||
21 | (3) Class "MR" license (recovery agency manager), | ||||||
22 | $325. | ||||||
23 | (4) Class "E" recovery permit, $75. | ||||||
24 | (5) Class "EE" recovery permit (recovery agent | ||||||
25 | intern), $75. |
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1 | An agency shall submit an application to register any | ||||||
2 | remote storage location or locations. The Commission shall | ||||||
3 | develop by rule the requirements for registering remote | ||||||
4 | storage locations. The fee for each registration shall not | ||||||
5 | exceed $300 as set by the Commission. | ||||||
6 | (b) The Commission may establish by rule a fee for the
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7 | replacement or revision of a license or recovery permit. | ||||||
8 | (c) The fees set forth in this Act or by rule Section must | ||||||
9 | be paid by certified check
or money order, or at the discretion | ||||||
10 | of the Commission, by agency
check at the time of application. | ||||||
11 | The Commission, at its discretion, may also allow for the | ||||||
12 | submission of electronic payments. An applicant filing an | ||||||
13 | application, registration, or form that carries
a fee must pay | ||||||
14 | the associated fee at the time the application,
registration, | ||||||
15 | or form is filed. Once paid, all fees are nonrefundable An
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16 | applicant for a Class "E", Class "EE", or Class "MR" license or | ||||||
17 | permit
must pay the license or permit fee at the time the | ||||||
18 | application is made.
If a license or permit is revoked or | ||||||
19 | denied, or if an application is
withdrawn, then the license or | ||||||
20 | permit fee shall not be refunded .
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21 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
22 | (225 ILCS 422/75)
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23 | (Section scheduled to be repealed on January 1, 2022) | ||||||
24 | Sec. 75. Licenses and recovery permits; renewals; | ||||||
25 | restoration; person in military service. |
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1 | (a) An original Class "R" license, Class "RR" license, and | ||||||
2 | Class "MR" license shall expire 2 years after the date of | ||||||
3 | issuance. | ||||||
4 | (b) An original Class "E" recovery permit and Class "EE" | ||||||
5 | recovery permit shall expire one year after the date of | ||||||
6 | issuance. | ||||||
7 | (c) A renewal Class "R" license, Class "RR" license and | ||||||
8 | Class "MR" license shall expire 2 years after the date of | ||||||
9 | renewal. | ||||||
10 | (d) A renewal Class "E" recovery permit and Class "EE" | ||||||
11 | recovery permit shall expire one year after the date of | ||||||
12 | renewal. | ||||||
13 | (e) The following are guidelines for the classes of | ||||||
14 | licensure and
registration: | ||||||
15 | (1) Any person, firm, company, partnership, or | ||||||
16 | corporation that engages in business as a recovery agency | ||||||
17 | shall have a Class "R" license. A Class "R" license is | ||||||
18 | valid for only one location. | ||||||
19 | (2) Each branch office of a Class "R" agency shall | ||||||
20 | have a Class "RR" license. | ||||||
21 | (3) Any individual who performs the services of a | ||||||
22 | manager for a Class "R" recovery agency or a Class "RR" | ||||||
23 | branch office must have a Class "MR" license. | ||||||
24 | (4) Any individual who performs recovery services as a | ||||||
25 | repossession agency employee for a Class "R" recovery | ||||||
26 | agency or a Class "RR" branch office must have a Class "E" |
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1 | recovery permit. | ||||||
2 | (5) Any individual who performs repossessions as an | ||||||
3 | intern under the direction and control of a designated, | ||||||
4 | sponsoring Class "E" recovery permit or a designated, | ||||||
5 | sponsoring Class "MR" license shall have a Class "EE" | ||||||
6 | recovery permit. | ||||||
7 | (6) An individual shall have a Class "MR" or Class "E" | ||||||
8 | recovery permit if he or she owns or is an employee of a | ||||||
9 | Class "R" agency or Class "RR" branch office. | ||||||
10 | (7) Class "MR", Class "E", and Class "EE" licenses and | ||||||
11 | recovery permits are not transferable.
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12 | (f) At least 90 days prior to the expiration of a license | ||||||
13 | or recovery permit, the Commission shall send mail to the | ||||||
14 | license or permit holder a renewal notice form in the form and | ||||||
15 | manner prescribed by the Commission . The license holder or | ||||||
16 | recovery permit holder must complete and submit mail the | ||||||
17 | renewal form to the Commission, pay any fines assessed, and | ||||||
18 | pay any renewal fee required by the Commission. Applications | ||||||
19 | for renewal of a license or permit shall be filed with
the | ||||||
20 | Commission no earlier than 90 days and not later than 45 days
| ||||||
21 | prior to the expiration of a license or permit. When a license | ||||||
22 | holder
or permit holder has made such timely and sufficient | ||||||
23 | application for
the renewal of a license or recovery permit, | ||||||
24 | the existing license or
recovery permit shall continue in full | ||||||
25 | force and effect until the
final agency decision on the | ||||||
26 | application has been made, unless a later
date is fixed by |
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1 | order of a reviewing court. | ||||||
2 | (g) Any person or entity that has permitted a license or | ||||||
3 | recovery permit to expire may have that license or recovery | ||||||
4 | permit restored by making an application to the Commission | ||||||
5 | within one year after the expiration of a repossession | ||||||
6 | agency's license or a qualified manager license or within 30 | ||||||
7 | days after the expiration of a recovery permit, filing proof | ||||||
8 | acceptable to the Commission of fitness to have the license or | ||||||
9 | recovery permit restored, and paying the required restoration | ||||||
10 | fee. However, any person whose license or recovery permit | ||||||
11 | expired while (i) in federal service on active duty with the | ||||||
12 | Armed Forces of the United States or called into service or | ||||||
13 | training with the State militia or (ii) in training or | ||||||
14 | education under the supervision of the United States | ||||||
15 | preliminary to induction into military service may have his or | ||||||
16 | her license or recovery permit renewed or restored without | ||||||
17 | paying any lapsed renewal fees, if within 2 years after | ||||||
18 | honorable termination of the service, training, or education, | ||||||
19 | except under condition other than honorable, he or she | ||||||
20 | furnishes the Commission with satisfactory evidence to the | ||||||
21 | effect that he or she has been so engaged and that the service, | ||||||
22 | training, or education has been so terminated. | ||||||
23 | (h) A suspended repossession agency license, recovery | ||||||
24 | manager license, or recovery permit is subject to expiration | ||||||
25 | as set forth in this Section. Renewal of a certificate or | ||||||
26 | registration card does not entitle the license holder or |
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1 | recovery permit holder, while the license or recovery permit | ||||||
2 | remains suspended and until it is reinstated, to engage in the | ||||||
3 | licensed or permitted activity. | ||||||
4 | (i) A revoked repossession agency license, recovery | ||||||
5 | manager license, or recovery permit is subject to expiration | ||||||
6 | as set forth in this Section; however, it may not be renewed. | ||||||
7 | If a revoked license or recovery permit is reinstated after | ||||||
8 | its expiration, then the license holder or recovery permit | ||||||
9 | holder, as a condition of reinstatement, shall pay a | ||||||
10 | reinstatement fee in an amount equal to the renewal fee in | ||||||
11 | effect on the last regular renewal date prior to the date on | ||||||
12 | which the license or recovery permit is reinstated and any | ||||||
13 | additional delinquency fee required by the Commission. | ||||||
14 | (j) Any person or entity that notifies the Commission, in | ||||||
15 | writing on forms prescribed by the Commission, may place a | ||||||
16 | license or recovery permit on inactive status and shall be | ||||||
17 | excused from the payment of renewal fees until the person or | ||||||
18 | entity notifies the Commission in writing of the intention to | ||||||
19 | resume active practice. Any person or entity requesting that a | ||||||
20 | license or recovery permit be changed from inactive to active | ||||||
21 | status shall be required to pay the current renewal fee. | ||||||
22 | (k) Any repossession agency license holder, recovery | ||||||
23 | manager license holder, or recovery permit holder whose | ||||||
24 | license or recovery permit is nonrenewed or on inactive status | ||||||
25 | shall not engage in the practice of recovery in this State or | ||||||
26 | use the title or advertise that he, she, or it performs the |
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1 | services of a licensed repossession agency, licensed recovery | ||||||
2 | manager, or repossession agency employee. | ||||||
3 | (l) Any person violating subsection (k) of this Section | ||||||
4 | shall be considered to be operating a repossession agency | ||||||
5 | without a license, acting as a recovery manager without a | ||||||
6 | license, or acting as a repossession agency employee without a | ||||||
7 | recovery permit and is subject to the disciplinary provisions | ||||||
8 | of this Act. | ||||||
9 | (m) A repossession agency license, recovery manager | ||||||
10 | license, or recovery permit that is not renewed within 3 years | ||||||
11 | after its expiration may not be renewed, restored, reinstated, | ||||||
12 | or reissued thereafter. The holder of the license or recovery | ||||||
13 | permit may obtain a new license or recovery permit only upon | ||||||
14 | compliance with all of the provisions of this Act concerning | ||||||
15 | the issuance of original licenses or recovery permits.
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16 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
17 | (225 ILCS 422/85) | ||||||
18 | (Section scheduled to be repealed on January 1, 2022) | ||||||
19 | Sec. 85. Consideration of past crimes. | ||||||
20 | (a) The Commission shall not require the license or permit | ||||||
21 | holder or applicant to report the following information and | ||||||
22 | shall not consider the following criminal history records in | ||||||
23 | connection with an application for a license or permit under | ||||||
24 | this Act: | ||||||
25 | (1) Juvenile adjudications of delinquent minors as |
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1 | defined in Section 5-105 of the Juvenile Court Act of | ||||||
2 | 1987, subject to the restrictions set forth in Section | ||||||
3 | 5-130 of the Juvenile Court Act of 1987. | ||||||
4 | (2) Law enforcement records, court records, and | ||||||
5 | conviction records of an individual who was 17 18 years | ||||||
6 | old or younger at the time of the conviction for the | ||||||
7 | offense and before January 1, 2014, unless the nature of | ||||||
8 | the offense required the individual to be tried as an | ||||||
9 | adult. | ||||||
10 | (3) Records of arrest not followed by a conviction. | ||||||
11 | (4) Convictions overturned by a higher court. | ||||||
12 | (5) Convictions or arrests that have been sealed or | ||||||
13 | expunged. | ||||||
14 | (b) When considering the denial of a license or recovery | ||||||
15 | permit on the grounds of conviction of a crime, the | ||||||
16 | Commission, in evaluating whether the conviction will impair | ||||||
17 | the license or permit holder's or applicant's ability to | ||||||
18 | engage in the position for which a license or permit is sought | ||||||
19 | and the license or permit holder's or applicant's present | ||||||
20 | eligibility for a license or recovery permit, shall consider | ||||||
21 | each of the following criteria: | ||||||
22 | (1) The lack of direct relation of the offense for | ||||||
23 | which the license or permit holder or applicant was | ||||||
24 | previously convicted to the duties, functions, and | ||||||
25 | responsibilities of the position for which a license or | ||||||
26 | permit is sought. |
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1 | (2) Circumstances relative to the offense, including | ||||||
2 | the license or permit holder's or applicant's age at the | ||||||
3 | time that the offense was committed. | ||||||
4 | (3) Evidence of any act committed subsequent to the | ||||||
5 | act or crime under consideration as grounds for denial, | ||||||
6 | which also could be considered as grounds for disciplinary | ||||||
7 | action under this Act. | ||||||
8 | (4) Whether 5 years since a conviction or 3 years | ||||||
9 | since successful completion of the imposed sentence for | ||||||
10 | the conviction, whichever is later, have passed without a | ||||||
11 | subsequent conviction. | ||||||
12 | (5) Successful completion of sentence or for license | ||||||
13 | or permit holders or applicants serving a term of parole | ||||||
14 | or probation, a progress report provided by the license or | ||||||
15 | permit holder's or applicant's probation or parole officer | ||||||
16 | that documents the license or permit holder's or | ||||||
17 | applicant's compliance with conditions of supervision. | ||||||
18 | (6) If the license or permit holder or applicant was | ||||||
19 | previously licensed or employed in this State or other | ||||||
20 | states or jurisdictions, then the lack of prior misconduct | ||||||
21 | arising from or related to the licensed position or | ||||||
22 | position of employment. | ||||||
23 | (7) Evidence of rehabilitation or rehabilitative | ||||||
24 | effort during or after incarceration, or during or after a | ||||||
25 | term of supervision, including, but not limited to, a | ||||||
26 | certificate of good conduct under Section 5-5.5-25 of the |
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1 | Unified Code of Corrections or a certificate of relief | ||||||
2 | from disabilities under Section 5-5.5-10 of the Unified | ||||||
3 | Code of Corrections. | ||||||
4 | (8) Any other mitigating factors that contribute to | ||||||
5 | the license or permit holder's or applicant's potential | ||||||
6 | and current ability to perform the duties and | ||||||
7 | responsibilities of practices licensed or registered under | ||||||
8 | this Act. | ||||||
9 | (c) When considering the suspension or revocation of a | ||||||
10 | license or recovery permit on the grounds of conviction of a | ||||||
11 | crime, the Commission, in evaluating the rehabilitation of the | ||||||
12 | license or permit holder, whether the conviction will impair | ||||||
13 | the license or permit holder's ability to engage in the | ||||||
14 | position for which a license or permit is sought, and the | ||||||
15 | license or permit holder's present eligibility for a license | ||||||
16 | or recovery permit, shall consider each of the following | ||||||
17 | criteria: | ||||||
18 | (1) The nature and severity of the act or offense. | ||||||
19 | (2) The license holder's or recovery permit holder's | ||||||
20 | criminal record in its entirety. | ||||||
21 | (3) The amount of time that has elapsed since the | ||||||
22 | commission of the act or offense. | ||||||
23 | (4) Whether the license holder or recovery permit | ||||||
24 | holder has complied with any terms of parole, probation, | ||||||
25 | restitution, or any other sanctions lawfully imposed | ||||||
26 | against him or her. |
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1 | (5) If applicable, evidence of expungement | ||||||
2 | proceedings. | ||||||
3 | (6) Evidence, if any, of rehabilitation submitted by | ||||||
4 | the license holder or recovery permit holder.
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5 | (d) If the Commission refuses to issue or renew a license | ||||||
6 | or permit, or suspends, revokes, places on probation, or takes | ||||||
7 | any disciplinary action that the Commission may deem proper | ||||||
8 | against a license or permit, then the Commission shall notify | ||||||
9 | the license or permit holder or applicant of the decision in | ||||||
10 | writing with the following included in the notice of decision: | ||||||
11 | (1) a statement about the decision; | ||||||
12 | (2) a list of the convictions that the Commission | ||||||
13 | determined will impair the license or permit holder's or | ||||||
14 | applicant's ability to engage in the position for which a | ||||||
15 | license or permit is sought; | ||||||
16 | (3) a list of convictions that formed the sole or | ||||||
17 | partial basis for the decision; and | ||||||
18 | (4) a summary of the appeal process or the earliest | ||||||
19 | reapplication for a license or permit is permissible, | ||||||
20 | whichever is applicable. | ||||||
21 | (e) No later than May 1 of each year, the Commission must | ||||||
22 | prepare, publicly announce, and publish a report of summary | ||||||
23 | statistical information relating to new and renewal license or | ||||||
24 | permit applications during the preceding calendar year. Each | ||||||
25 | report shall show, at a minimum: | ||||||
26 | (1) the number of applicants for a new or renewal |
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1 | license or permit under this Act within the previous | ||||||
2 | calendar year; | ||||||
3 | (2) the number of applicants for a new or renewal | ||||||
4 | license or permit under this Act within the previous | ||||||
5 | calendar year who had a criminal conviction identified in | ||||||
6 | paragraph (3) of subsection (a) of Section 80; | ||||||
7 | (3) the number of applicants for a new or renewal | ||||||
8 | license or permit under this Act in the previous calendar | ||||||
9 | year who were granted a license or permit; | ||||||
10 | (4) the number of applicants for a new or renewal | ||||||
11 | license or permit with a criminal conviction identified in | ||||||
12 | paragraph (3) of subsection (a) of Section 80 who were | ||||||
13 | granted a license or permit under this Act within the | ||||||
14 | previous calendar year; | ||||||
15 | (5) the number of applicants for a new or renewal | ||||||
16 | license or permit under this Act within the previous | ||||||
17 | calendar year who were denied a license or permit; | ||||||
18 | (6) the number of applicants for a new or renewal | ||||||
19 | license or permit with a criminal conviction identified in | ||||||
20 | paragraph (3) of subsection (a) of Section 80 who were | ||||||
21 | denied a license or permit under this Act in the previous | ||||||
22 | calendar year in whole or in part because of the prior | ||||||
23 | conviction; | ||||||
24 | (7) the number of licenses or permits issued with a | ||||||
25 | condition of probation without monitoring imposed by the | ||||||
26 | Commission under this Act in the previous calendar year to |
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1 | applicants with a criminal conviction identified in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | paragraph (3) of subsection (a) of Section 80; and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (8) the number of licenses or permits issued with a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | condition of probation with monitoring imposed by the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Commission under this Act in the previous calendar year to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | applicants with a criminal conviction identified in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | paragraph (3) of subsection (a) of Section 80. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (Source: P.A. 100-286, eff. 1-1-18; 100-948, eff. 1-1-19; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | 101-81, eff. 7-12-19.)
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10 | Section 99. Effective date. This Act takes effect January | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | 1, 2022, except that this Section and Section 5 take effect | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | upon becoming law.
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