Bill Status of HB 5747   97th General Assembly

Short Description:  CHECK CASHERS REGISTRATION

House Sponsors
Rep. Elizabeth Hernandez and Maria Antonia Berrios

Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act
815 ILCS 315/Act rep.
815 ILCS 122/1-15
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z

Synopsis As Introduced
Repeals the Check Cashing Act and creates the Check Cashers Act. Contains a statement of purpose. Defines "merchant" as a person, firm, association, partnership, or corporation primarily engaged in the business of selling tangible personal property at retail, and defines other terms. Provides that a merchant may engage in the check cashing business for a fee only if it is incidental to the merchant's main business. Contains provisions concerning applicability, permitted fees, proceeds, deposits, reporting requirements, forged checks, records, enforcement and remedies, judicial review, and waivers. Provides that the Department may make and enforce such reasonable rules, regulations, directions, orders, decisions, and findings as the execution and enforcement of the Act require. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who knowingly violates the Check Cashers Act commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Makes conforming changes in the Payday Loan Reform Act. Contains a severability provision. Effective 180 days after becoming law.

House Committee Amendment No. 1
Deletes reference to:
New Act
815 ILCS 122/1-15
815 ILCS 315/Act rep.
Adds reference to:
815 ILCS 315/5 new
815 ILCS 315/10 new
815 ILCS 315/15 new
815 ILCS 315/20 new
815 ILCS 315/25 new
815 ILCS 315/30 new
815 ILCS 315/35 new
815 ILCS 315/40 new
815 ILCS 315/45 new
815 ILCS 315/50 new
815 ILCS 315/55 new
815 ILCS 315/60 new
815 ILCS 315/65 new
815 ILCS 315/70 new
815 ILCS 315/75 new
815 ILCS 315/80 new
815 ILCS 315/1 rep.
815 ILCS 315/2 rep.

Replaces everything after the enacting clause. Amends the Check Cashing Act. Contains a statement of purpose. Defines "merchant" as a person, firm, association, partnership, or corporation primarily engaged in the business of selling tangible personal property at retail, and defines other terms. Provides that a merchant may engage in the check cashing business for a fee only if it is incidental to the merchant's main business. Contains provisions concerning applicability, permitted fees, proceeds, deposits, reporting requirements, forged checks, records, enforcement and remedies, judicial review, and waivers. Authorizes issuance of cash equivalents in exchange for a check. Exempts financial holding companies from the scope of the Act. Provides that the Department may make and enforce such reasonable rules, regulations, directions, orders, decisions, and findings as the execution and enforcement of the Act require. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who knowingly violates the Check Cashing Act commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Contains a severability provision. Effective 180 days after becoming law.

Actions 
DateChamber Action
  2/16/2012HouseFiled with the Clerk by Rep. Elizabeth Hernandez
  2/16/2012HouseFirst Reading
  2/16/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Business & Occupational Licenses Committee
  3/2/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elizabeth Hernandez
  3/2/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/5/2012HouseHouse Committee Amendment No. 1 Rules Refers to Business & Occupational Licenses Committee
  3/6/2012HouseRe-assigned to Consumer Protection Committee
  3/6/2012HouseHouse Committee Amendment No. 1 Re-assigned to Consumer Protection Committee
  3/6/2012HouseMotion Filed to Suspend Rule 25 Consumer Protection Committee; Rep. Barbara Flynn Currie
  3/6/2012HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  3/6/2012HouseHouse Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
  3/6/2012HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 021-000-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2012HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/30/2012HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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