HB4876 93RD GENERAL ASSEMBLY

LRB093 18591 SAS 44313 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4876

Introduced 02/04/04, by David E. Miller

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 1205/4	from Ch. 17, par. 104
20 ILCS 1205/6	from Ch. 17, par. 106
205 ILCS 670/21	from Ch. 17, par. 5427
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Illinois Short-Term Loan and Title Loan Regulation Act. Provides that the Department of Financial Institutions shall license and regulate entities that offer short-term loans (loans under which a lender accepts either: a post-dated check; authorization to debit a borrower's bank account; or future wages by the wage assignment) or title loans (loans wherein, at commencement, a borrower provides to the lender, as security for the loan, physical possession of the obligor's title to a motor vehicle, a boat, or any other personal property). Establishes requirements and restrictions applicable to license applications and licensing. Sets forth limitations, requirements, and disclosures applicable to loan agreements, terms of loans, finance charges, and renewal of loans. Provides for: revocation, suspension, and surrender of licenses; information to be available to the public; complaint handling; hearings; books and records; reports; advertising; prohibited acts; requirements and restrictions applicable to vehicle and boat titles; liens; penalties; enforcement; bonding; administrative rules; and other matters. Amends the Financial Institutions Code to provide that the Department of Financial Institutions shall administer the Illinois Short-Term and Title Loan Regulation Act. Amends the Consumer Installment Loan Act to provide that the Act does not apply to short-term and title loans. Provides that a violation of the Illinois Short-Term and Title Loan Regulation Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2005.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning loans.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Short-Term Loan and Title Loan Regulation Act.

Section 5. Purpose and construction. The purpose of this Act is to protect borrowers who enter into any short-term, high-rate loan or title loan from abuses that occur in the credit marketplace when lenders of these loans are unregulated. This Act shall be liberally construed to effectuate its purpose. This Act shall be construed as a borrower protection statute for all purposes.

Section 10. Definitions. As used in this Act:

"Account" means a depositor relationship between a borrower and a financial institution that is funded by cash or cash equivalents.

"Borrower" and "obligor" mean any natural person who, singly or jointly with another borrower, enters into a short-term loan or title loan.

"Check" means a negotiable instrument as defined in Article 3 of the Uniform Commercial Code that is drawn on a financial institution and is to be payable on demand at maturity of the short-term or title loan.

"Department" means the Department of Financial Institutions.

"Director" means the Director of Financial Institutions.

"Gross monthly income" means a borrower's gross monthly income as demonstrated by all of the borrower's pay stubs for the period 30 days prior to the short-term loan application.

"Lender" and "licensee" mean any person or entity that offers or makes a short-term loan or title loan, arranges a short-term loan or title loan for a third party, or acts as an agent for a third party, regardless of whether the third party is exempt from licensing under this Act or whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party; and any person or entity where the Department determines that a transaction is in substance a disguised loan or the application of subterfuge for the purpose of avoiding this Act.

"Local government authorization form" means a form prescribed by the Director and signed by the clerk or chief executive officer of the county or municipality in which the licensee is to be located certifying that the licensed location complies with the zoning and all other applicable county or municipal ordinances and regulations.

"Principal balance" means the balance due and owed on a short-term loan exclusive of any interest, service charges, or other loan-related charges.

"Short-term loan" means a loan transacted via any medium whatsoever, including but not limited to, mail, telephone, internet, or at a location licensed under this Act, in which the lender does any of the following:

(1) accepts a check from the borrower and agrees to hold it for one or more days prior to deposit or presentment, or

(2) accepts a post-dated check from the borrower, or

(3) accepts authorization to debit a borrower's account, or

(4) accepts future wages by wage assignment or by any other method which would result in the deduction of the borrower's wages.

"Short-term loan" includes, but is not limited to, the refinancing, rollover, extension, or renewal of a short-term loan.

"Title loan" means a loan wherein, at commencement, a borrower provides to the lender, as security for the loan, physical possession of the obligor's title to a motor vehicle, a boat, or any other personal property.

"Total payable amount of the loan" means the total amount owed by the borrower, including all associated fees, interest, service charges, and all other loan-related charges, such that payment in full of the total payment amount of the loan would cause the debt occasioned by the short-term loan to be satisfied entirely and forever.

Section 15. Applicability.

(a) Except as otherwise provided in this Section, this Act applies to any lender that offers or makes a short-term or title loan.

(b) The provisions of this Act apply to any person or entity that seeks to evade its applicability by any device, subterfuge, or pretense whatsoever.

(c) Retail sellers who cash checks incidental to or independent of a sale and who charge no more than $2 per check for the service are exempt from the provisions of this Act.

Section 25. Loan terms.

(a) A short-term loan or title loan must have a minimum term of no less than 10 days and a maximum of no more than 1 year.

(b) No short-term or title loan may be executed if the total payable amount of the loan exceeds 15% of the borrower's monthly gross income. A copy of all pay stubs used to calculate the borrower's monthly gross income must be attached to the loan application.

(c) A borrower shall be permitted to make partial payments (in amounts equal to no less than $5 increments) on the short-term or title loan at any time, without charge.

(d) A borrower may rescind a short-term loan or title loan agreement without cost no later than the end of the business day immediately following the day on which the loan was made. To rescind the short-term or title loan, the borrower must inform the lender that the borrower wants to rescind the loan and return cash in an amount equal to the amount loaned under the written agreement.

(e) After each payment made in full or in part, on any loan, the licensee shall give to the borrower making the payment a signed, dated receipt showing the amount paid and the balance due on the loan.

(f) The check written by the borrower in a short-term loan must be made payable to the licensee.

(g) Upon receipt of the check from the borrower for a short-term loan, the licensee must immediately stamp the back of the check with an endorsement that states: "This check is being negotiated as part of a short-term loan under the Illinois Short-Term Loan and Title Loan Regulation Act, and any holder of this check takes it subject to all claims and defenses of the maker.".

(h) The licensee must provide the borrower, or each borrower if there is more than one, with a copy of the loan documents described in Section 45 before the commencement of the short-term or title loan.

(i) The holder or assignee of any check written by a borrower in connection with a short-term loan takes the instrument subject to all claims and defenses of the borrower.

Section 30. Permissible charges and fees.

(a) The licensee shall be permitted to charge interest on the amount of cash delivered to the borrower in a short-term loan in an amount not greater than 36% per annum (defined as a 365-day year). The rate charged on the outstanding balance after maturity shall not be greater than the rate charged during the loan term. Charges on short-term or title loans shall be computed and paid only as a percentage of the unpaid principal balance.

(b) No other fees may be charged for any other purpose.

Section 32. Cooling-off periods; renewals.

(a) A short-term or title loan may be refinanced, renewed, or extended a maximum number of 2 times, but only when the principal balance has been reduced by at least 20% at the time of each refinancing, renewal, or extension.

(b) Upon termination of a short-term or title loan, no loan, other than the refinancing, renewal, or extension of an existing short-term or title loan may be made to a borrower who has had an outstanding short-term or title loan within the preceding 30 days.

(c) The licensee shall verify the existence of a prior loan as specified in subsection (b) of this Section by using a database created by or approved by the Director for that purpose.

(d) A lender may renew the short-term or title loan only if the lender has received a statement (not a pre-printed form) from the borrower, initialed at each provision, signed, and dated by the borrower, stating:

(1) that the borrower is unable to repay the current loan;

(2) a specific reason that arose after the date of the origination or renewal of the current loan that makes the borrower unable to repay the loan; and

(3) that the borrower will be able to repay the loan at the new maturity date.

Section 35. Licensing.

(a) A license to make a short-term or title loan shall state the address, including city and state, at which the business is to be conducted and shall state fully the name of the licensee. The license shall be conspicuously posted in the place of business of the licensee and shall not be transferable or assignable.

(b) An application for a license shall be in writing and in a form prescribed by the Director. No person or entity shall engage in or offer to engage in the business regulated by this Act unless and until a license has been issued by the Director. The Director may not issue or renew any such license unless and until the following findings are made:

(1) that authorizing the applicant to engage in the business will promote the convenience and advantage of the community in which the applicant proposes to engage in business;

(2) that the financial responsibility, experience, character, and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business will be operated lawfully and fairly, and within the provisions and purposes of this Act;

(3) that the location has conformed to local zoning laws with respect to location, structural, aesthetic, or other requirements;

(4) that the applicant has submitted a completed local government authorization form; and

(5) that the applicant has submitted such other information as the Director may deem necessary.

(c) A license shall be issued for no longer than one year, and no renewal of a license may be provided if a licensee has violated this Act.

(d) A licensee shall appoint, in writing, the Director as attorney-in-fact upon whom all lawful process against the licensee may be served with the same legal force and validity as if served on the licensee. A copy of the written appointment, duly certified, shall be filed in the office of the Director, and a copy thereof certified by the Director shall be sufficient evidence. This appointment shall remain in effect while any liability remains outstanding in this State against the licensee. When summons is served upon the Director as attorney-in-fact for a licensee, the Director shall immediately notify the licensee by registered mail, enclosing the summons and specifying the hour and day of service.

(e) A public hearing shall be held for each original application and for renewals if one is requested in writing by the Director.

(f) A licensee must pay an annual fee of $300. In addition to the license fee, the reasonable expense of any examination or hearing by the Director under any provisions of this Act shall be borne by the licensee. If a licensee fails to renew his or her license by December 31, it shall automatically expire; however, the Director, in his or her discretion, may reinstate an expired license upon:

(1) payment of the annual renewal fee within 30 days of the date of expiration; and

(2) proof of good cause for failure to renew.

(g) Not more than one place of business shall be maintained under the same license, but the Director may issue more than one license to the same licensee upon compliance with all the provisions of this Act governing issuance of a single license. The location, except those locations already in existence as of January 1, 2004, may not be within one mile of a facility operated by an inter-track wagering location licensee or an organization licensee subject to the Illinois Horse Racing Act of 1975, within one mile of a facility at which gambling is conducted under the Riverboat Gambling Act, within one mile of the location at which a riverboat subject to the Riverboat Gambling Act docks, or within one mile of any State of Illinois or United States military base or installation.

(h) No licensee shall conduct the business of making loans under this Act within any office, suite, room, or place of business in which any other business is solicited or engaged in unless, in the opinion of the Director, the other business would not be contrary to the best interests of borrowers and is authorized by the Director in writing.

(i) If the Director finds, after due notice and hearing, or opportunity for hearing, that a licensee, or an officer, agent, employee, or representative of a licensee, has violated any of the provisions of this Act, has failed to comply with the rules, instructions, or orders promulgated by the Director, has failed or refused to make its reports to the Director, or has furnished false information to the Director, the Director may issue an order revoking or suspending the right of the licensee and the officer, agent, employee, or representative to do business in this State as a licensee. No revocation, suspension, or surrender of any license shall relieve the licensee from civil or criminal liability for acts committed before the revocation, suspension, or surrender.

(j) The Director shall maintain a list of licensees that shall be available to interested borrowers and lenders and the public. The Director shall establish a toll-free number whereby borrowers may obtain information about licensees. The Director shall also establish a complaint process under which an aggrieved borrower or any member of the public may file a complaint against a licensee or non-licensee who violates any provision of this Act. The Director may hold hearings upon the request of a party to the complaint, make findings of fact, conclusions of law, issue cease and desist orders, refer the matter to the appropriate law enforcement agency for prosecution under this Act, and suspend or revoke a license granted under this Act. All proceedings shall be open to the public.

Section 40. Information and reporting.

(a) A licensee shall keep and use books, accounts, and records that will enable the Director to determine if the licensee is complying with the provisions of this Act and maintain any other records as required by the Director.

(b) A licensee shall collect information annually for a report that shall disclose in detail and under appropriate headings:

(1) the total number of short-term or title loans, or both, made during the preceding calendar year;

(2) The total number of renewals of short-term or title loans, or both, made during the preceding calendar year;

(3) the total number of such loans outstanding as of December 31 of the preceding calendar year;

(4) the minimum, maximum, and average dollar amount of checks whose deposits were deferred during the preceding calendar year;

(5) the average annual percentage rate and the average number of days a deposit of a check is deferred during the preceding calendar year;

(6) the total of returned checks, the total of checks recovered, and the total of checks charged off during the preceding calendar year;

(7) the total number of loans made that were secured by the title to a motor vehicle or a boat during the preceding calendar year;

(8) the total number of vehicle or boat repossessions as a result of default on a loan secured by a title to a motor vehicle or a boat during the preceding calendar year.

The report shall be verified by the oath or affirmation of the owner, manager, or president of the licensee. The report must be filed with the Director no later than January 31 of the year following the year for which the report discloses the information specified in this subsection (b). The Director may impose upon the licensee a fine of $25 per day for each day beyond the filing deadline that the report is not filed.

(c) A licensee shall file a copy of the contract and the fee schedule described in Section 45 with the Director before the date of commencement of business at each location, at the time any changes are made to the documents or schedule, and annually thereafter upon renewal of the license. These documents shall be available to interested parties and to the general public.

(d) The Department shall compile data in the form of an annual report of the short-term and title lending industry and shall make the report available to the Governor, the General Assembly, and the general public.

Section 45. Required disclosures.

(a) Before entering into a short-term loan or title loan, a licensee shall deliver to the borrower a pamphlet prepared by the Director that:

(1) explains, in simple English and Spanish, all of the borrower's rights and responsibilities in a short-term or title loan transaction;

(2) includes a toll-free number to the Director's office to handle concerns or provide information about whether a lender is licensed, whether complaints have been filed with the Director, and the resolution of those complaints; and

(3) provides information regarding the availability of debt management services at the time of default.

(b) Licensees shall provide borrowers with a written agreement on a form specified or approved by the Director that may be kept by the borrower. The written agreement must include the following information in English and in the language in which the loan was negotiated:

(1) the name and address of the licensee making the short-term loan or title loan, and the name and title of the individual employee who signs the agreement on behalf of the licensee;

(2) an itemization of the fees and interest charges to be paid by the borrower;

(3) disclosures required by the federal Truth in Lending Act and the information required by the Federal Consumer Credit Protection Act;

(4) disclosures required under any other State law;

(5) a clear description of the borrower's payment obligations under the loan;

(6) a notice that the licensee may take possession of a vehicle or a boat used to secure a loan if the borrower fails to repay the loan and that the borrower shall be entitled to any proceeds from the sale of the vehicle or the boat in excess of the amount owed on the loan;

(7) the following statement, in at least 14-point bold type face: "You cannot be prosecuted in criminal court to collect this loan.". The information required to be disclosed under this subdivision (7) must be conspicuously disclosed in the loan document and shall be located immediately preceding the signature of the borrower; and

(8) the following statement, in at least 14-point bold type face:

"WARNING: A loan is not intended to meet long-term financial needs. A loan should be used only to meet short-term cash needs. Renewing the loan rather than paying the debt in full will require additional finance charges. The cost of your loan may be higher than loans offered by other lending institutions. Loans are regulated by the Illinois Department of Financial Institutions."

(c) The following notices in English and Spanish, as well as other languages in which a significant amount of short-term loan or title loan business is conducted, must be conspicuously posted by a licensee in each location of a business providing short-term loans or title loans:

(1) A notice that informs borrowers that the licensee cannot use the criminal process against a borrower to collect any short-term loan or title loan.

(2) The schedule of all interest and fees to be charged on loans with an example of the amounts that would be charged on a $100 loan payable in 14 days and a $400 loan payable in 30 days, giving the corresponding annual percentage rate.

(3) In one-inch bold type, a notice to the public both in the lending area of each business location containing the following statement:

"WARNING: A loan is not intended to meet long-term financial needs. A loan should be used only to meet short-term cash needs. Renewing the loan rather than paying the debt in full will require additional finance charges. The cost of your loan may be higher than loans offered by other lending institutions. Loans are regulated by the Illinois Department of Financial Institutions."

Section 50. Advertising.

(a) Advertising for loans transacted under this Act may not be false, misleading, or deceptive. That advertising, if it states a rate or amount of charge for a loan, must state the rate as an annual percentage rate. No licensee may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way recommended, approved, set or established by the State government or by this Act.

(b) If any advertisement to which this Section applies states the amount of any installment payment, the dollar amount of any finance charge, or the number of installments or the period of repayment, then the advertisement shall state all of the following items:

(1) The amount of the loan.

(2) The number, amount, and due dates or period of payments scheduled to repay the indebtedness if the credit is extended.

(3) The rate of the finance charge expressed as an annual percentage rate.

Section 55. Permitted charges.

(a) No licensee shall charge or receive, directly or indirectly, any interest, fees, or charges except where specifically authorized by this Section and Section 30. Any agreement, provision, or act by a licensee providing for unauthorized fees in violation of this Section is unenforceable.

(b) If there are insufficient funds to pay a check on the date of presentment, a licensee may charge a fee, not to exceed the fee imposed upon the licensee by the financial institution. Only one such fee may be collected with respect to a particular check even if it has been redeposited and returned more than once. A licensee may only present the check for payment twice. A fee charged under this subsection (b) is a licensee's exclusive charge for late payment.

(c) When a loan is repaid before its due date, unearned interest charges must be rebated to the borrower based on a method at least as favorable to the borrower as the actuarial method.

Section 60. Prohibited acts. A licensee or unlicensed person or entity making short-term loans or title loans may not commit, or have committed on behalf of the licensee or unlicensed person or entity, any of the following acts:

(1) Threatening to use or using the criminal process in this or any other state to collect on the loan.

(2) Using any device or agreement that would have the effect of charging or collecting more fees, charges, or interest than allowed by this Act including, but not limited to, entering into a different type of transaction with the borrower.

(3) Engaging in unfair, deceptive, or fraudulent practices in the making or collecting of a short-term or title loan.

(4) Charging to cash a check representing the proceeds of the short-term or title loan.

(5) Using or attempting to use the check provided by the borrower in a short-term loan as collateral for a transaction not related to a short-term loan.

(6) Knowingly accepting payment in whole or in part of the short-term loan through the proceeds of another short-term loan provided by any licensee.

(7) Knowingly accepting any security, other than that specified in the definition of short-term loan in Section 10, for a short-term loan.

(8) Charging any interest, fees, or charges other than those specifically authorized by this Act.

(9) Threatening to take any action against a borrower that is prohibited by this Act, or making any misleading or deceptive statements regarding the short-term or title loan or any consequences thereof.

(10) Making a misrepresentation of a material fact by an applicant in obtaining or attempting to obtain a license.

(11) Including any of the following provisions in loan documents required by subsection (b) of Section 45:

(A) a confession of judgment clause;

(B) a waiver of the right to a jury trial, if applicable, in any action brought by or against a borrower;

(C) a mandatory arbitration clause that is oppressive, unfair, unconscionable, or substantially in derogation of the rights of borrowers;

(D) any assignment of or order for payment of wages or other compensation for services;

(E) a provision in which the borrower agrees not to assert any claim or defense arising out of the contract.

(12) Selling any insurance of any kind whether or not sold in connection with the making or collecting of a short-term or title loan.

(13) Taking any power of attorney.

(14) Taking any security interest in real estate.

(15) Collecting a delinquency or collection charge on any installment regardless of the period in which it remains in default.

(16) Collecting treble damages on an amount owing from a short-term or title loan.

Section 63. Vehicle and boat titles.

(a) A licensee making title loans may not take possession of a vehicle or a boat without first giving written notice by regular and certified mail to the borrower, affording the borrower the opportunity to make the vehicle or boat available to the lender at a place, date, and time reasonably convenient to the lender and borrower, and permitting the borrower to remove from the vehicle or boat any personal belongings without charge or additional cost to the borrower.

(b) If a licensee repossesses a motor vehicle that was used as security and which is used primarily for the obligor's personal, family, or household purposes, the licensee shall be subject to the requirements of and shall transfer the certificate of title in accordance with Section 3-114 of the Illinois Vehicle Code.

(c) If a licensee repossesses a boat that was used as security and which is used primarily for the borrower's personal, family, or household, the licensee shall be subject to the requirements of and shall transfer the certificate of title in accordance with Section 3A-15 of the Boat Registration and Safety Act.

(d) A licensee making title loans may not dispose of the vehicle or the boat without first giving at least 10 days written notice to the borrower before the sale and the opportunity to cure. The notice shall state the date, time, and place of the sale and provide the borrower with a written accounting of the amount owed on the loan. A loan contract shall advise the borrower that matters involving improprieties in the making of the loan or in loan collecting practices may be referred to the Department and shall prominently disclose the Department's address and telephone number.

(e) A licensee making title loans may not take possession of a vehicle or a boat for a loan default and lease the vehicle or the boat back to the borrower.

(f) A licensee making title loans may not use any appraisal to secure a loan other than one in a nationally recognized guide such as the Kelley Blue Book Used Car Guide.

Section 64. Recording or releasing a lien.

(a) Upon making a loan secured by a title to a motor vehicle, the licensee must immediately take into possession evidence of the borrower's ownership in the motor vehicle that has been registered with the Office of the Illinois Secretary of State and shall note on the face of the loan contract the vehicle's make, model, year of manufacture, and vehicle identification number.

(b) Upon making a loan secured by a title to a boat, the licensee must immediately take into possession evidence of the borrower's ownership in the boat that has been registered with the Illinois Department of Natural Resources and shall note on the face of the loan contract the boat's make, model, year of manufacture, and identification number.

(c) Within 24 hours after payment in full, the licensee must release any filed liens, provide evidence of the release to the borrower, and return the title to the borrower or cause the title to be returned to the borrower.

(d) A licensee may not charge, directly or indirectly, fees associated with the repossession of a motor vehicle or a boat.

Section 65. Enforcement and remedies.

(a) The remedies provided in this Act are cumulative and apply to persons or entities subject to this Act.

(b) Any violation of this Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act.

(c) If any provision of the written agreement described in subsection (a) of Section 45 violates this Act, then that provision is unenforceable against the borrower.

(d) Any loan executed in violation of this Act shall render the loan null and void as a matter of law.

Section 66. Voluntary Payment. A borrower may pay a debt owed a lender and the lender shall accept as satisfaction of the debt an amount equal to the sum of the amount owed, incurred court costs, and attorney's fees.

Section 70. Closing of business; surrender of license. At least 10 days before a licensee ceases operations, closes the business, or files for bankruptcy, the licensee shall:

(1) Notify the Department of its action in writing.

(2) With the exception of filing for bankruptcy, surrender its license to the Director for cancellation. The surrender of the license shall not affect the licensee's civil or criminal liability for acts committed before the surrender or entitle the licensee to a return of any part of the annual license fee.

(3) Notify the Department of the location where the books, accounts, contracts, and records will be maintained and the procedure to ensure prompt return of contracts, titles, and releases to the obligors.

The accounts, books, records, and contracts shall be maintained and serviced by the licensee, another licensee under this Act, or an entity exempt from licensing under this Act.

The Department shall have the authority to conduct examinations of the books, records, and loan documents at any time after surrender of the license, filing of bankruptcy, or the cessation of operations.

Section 75. Bonding.

(a) A person or entity engaged in making short-term or title loans under this Act shall post a bond to the Department in the amount of $50,000 for each location where loans will be made, up to a maximum bond amount of $500,000.

(b) A bond posted under subsection (a) must continue in effect for 3 years after the lender ceases operation in Illinois. The bond must be available to pay damages and penalties to a borrower harmed by a violation of this Act.

Section 85. Those who may not make a short-term or title loan. No Illinois State bank, mortgage banking company, or savings and loan association covered by any financial regulation laws of Illinois may make a short-term loan or title loan, as those terms are defined in this Act, in Illinois.

Section 90. Lenders associated with national banks. If a lender who makes short-term or title loans as defined in and allowed by this Act and who is otherwise required to be licensed by this Act associates with a national bank, the lender must be licensed with the Department as specified in this Act to make a short-term or title loan through its association with the national bank just as it would be if it were making the short-term or title loan without that association.

Section 95. Preemption of administrative rules. Any administrative rule or regulation promulgated prior to the effective date of this Act by the Department regarding short-term loans or title loans is preempted.

Section 97. Reporting of violations. The Department shall report to the Attorney General all violations of this Act of which it becomes aware.

Section 100. Rulemaking. The Department may adopt reasonable rules to implement and administer this Act.

Section 105. Judicial review. All final administrative decisions of the Department under this Act are subject to judicial review pursuant to the provisions of the Administrative Review Law and any rules adopted pursuant thereto.

Section 110. No waivers. There shall be no waiver of any provision of this Act.

Section 115. Superiority of Act. To the extent this Act conflicts with any other Illinois State financial regulation laws, this Act is superior and supersedes those laws for the purposes of regulating short-term and title loans in Illinois.

Section 120. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 900. The Financial Institutions Code is amended by changing Section 6 as follows:

(20 ILCS 1205/6) (from Ch. 17, par. 106)

Sec. 6. In addition to the duties imposed elsewhere in this Act, the Department has the following powers:

(1) To exercise the rights, powers and duties vested by law in the Auditor of Public Accounts under "An Act to provide for the incorporation, management and regulation of pawners' societies and limiting the rate of compensation to be paid for advances, storage and insurance on pawns and pledges and to allow the loaning of money upon personal property", approved March 29, 1899, as amended.

(2) To exercise the rights, powers and duties vested by law in the Auditor of Public Accounts under "An Act in relation to the definition, licensing and regulation of community currency exchanges and ambulatory currency exchanges, and the operators and employees thereof, and to make an appropriation therefor, and to provide penalties and remedies for the violation thereof", approved June 30, 1943, as amended.

(3) To exercise the rights, powers, and duties vested by law in the Auditor of Public Accounts under "An Act in relation to the buying and selling of foreign exchange and the transmission or transfer of money to foreign countries", approved June 28, 1923, as amended.

(4) To exercise the rights, powers, and duties vested by law in the Auditor of Public Accounts under "An Act to provide for and regulate the business of guaranteeing titles to real estate by corporations", approved May 13, 1901, as amended.

(5) To exercise the rights, powers and duties vested by law in the Department of Insurance under "An Act to define, license, and regulate the business of making loans of eight hundred dollars or less, permitting an interest charge thereon greater than otherwise allowed by law, authorizing and regulating the assignment of wages or salary when taken as security for any such loan or as consideration for a payment of eight hundred dollars or less, providing penalties, and to repeal Acts therein named", approved July 11, 1935, as amended.

(6) To administer and enforce "An Act to license and regulate the keeping and letting of safety deposit boxes, safes, and vaults, and the opening thereof, and to repeal a certain Act therein named", approved June 13, 1945, as amended.

(7) Whenever the Department is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Department of State Police Law (20 ILCS 2605/2605-400), the Department of State Police is authorized to furnish, pursuant to positive identification, such information contained in State files as is necessary to fulfill the request.

(8) To administer the Illinois Short-Term Loan and Title Loan Regulation Act.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 905. The Consumer Installment Loan Act is amended by changing Section 21 as follows:

(205 ILCS 670/21) (from Ch. 17, par. 5427)

Sec. 21. Application of act. This Act does not apply to any person, partnership, association, limited liability company, or corporation doing business under and as permitted by any law of this State or of the United States relating to banks, savings and loan associations, savings banks, credit unions, or licensees under the Residential Mortgage License Act for residential mortgage loans made pursuant to that Act. This Act does not apply to business loans. This Act does not apply to short-term or title loans. For the purposes of this Section, "short-term loan" and "title loan" have the meanings ascribed to those terms in the Illinois Short-Term Loan and Title Loan Regulation Act.

(Source: P.A. 90-437, eff. 1-1-98.)

Section 910. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Illinois Short-Term Loan and Title Loan Regulation Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, or paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code commits an unlawful practice within the meaning of this Act.

(Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)

Section 999. Effective date. This Act takes effect January 1, 2005.