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Sen. Pamela J. Althoff
Filed: 5/5/2015
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1 | | AMENDMENT TO HOUSE BILL 3332
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2 | | AMENDMENT NO. ______. Amend House Bill 3332 as follows:
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3 | | on page 2, line 4, by replacing "8b" with "8b,"; and |
4 | | on page 2, line 5, after "9.4," by inserting "9.5,"; and |
5 | | on page 2, line 6, after "24," by inserting "25,"; and |
6 | | on page 2, by replacing lines 12 through 15 with:
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7 | | " by the Department in the applicant's or licensee's application |
8 | | file or license file as maintained by the Department's |
9 | | licensure maintenance unit. It is the duty of the applicant or |
10 | | licensee to inform the Department of any change "; and
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11 | | on page 3, line 16, by replacing "natural" with " natural "; and |
12 | | on page 4, line 17, by replacing " Registered " with " Licensed "; |
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1 | | and
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2 | | on page 4, line 18, by replacing " registered " with " licensed "; |
3 | | and |
4 | | on page 9, line 11, by replacing "registered" with " licensed |
5 | | registered "; and |
6 | | on page 10, line 9, by replacing "registering" with " obtaining |
7 | | a license registering "; and
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8 | | on page 12, line 8, by replacing " license " with " an original |
9 | | license "; and |
10 | | on page 13, line 5, by replacing "certificate or a renewal |
11 | | certificate" with " license or a renewal license certificate or |
12 | | a renewal certificate "; and |
13 | | on page 13, line 14, by replacing "registrant" with " licensee |
14 | | or registrant"; and |
15 | | on page 13, line 15, by replacing "certificates" with " licenses |
16 | | or certificates"; and |
17 | | on page 14, line 14, by replacing "certificate of registration" |
18 | | with " license certificate of registration "; and |
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1 | | on page 14, by replacing lines 17 and 18 with the following:
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2 | | "termination date of the prior bond. If a license certificate |
3 | | of registration has been cancelled under this Section, the |
4 | | agency"; and
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5 | | on page 18, by replacing lines 21 through 24 with the |
6 | | following:
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7 | | "deem proper, including fines not to exceed $5,000 for a first |
8 | | violation and not to exceed $10,000 per violation for a second |
9 | | or subsequent violation , for any one or any combination of |
10 | | the"; and
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11 | | on page 20, line 23, by replacing " registrant licensee " with |
12 | | "licensee"; and
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13 | | on page 36, immediately below line 3, by inserting the |
14 | | following:
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15 | | "(225 ILCS 425/9.5)
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16 | | (Section scheduled to be repealed on January 1, 2016)
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17 | | Sec. 9.5. Statute of limitations. No action may be filed |
18 | | against any
licensee registrant for violation of the terms of |
19 | | this Act or its rules unless the
action is commenced within 5 |
20 | | years after the occurrence of the alleged
violation. A |
21 | | continuing violation will be deemed to have occurred on the |
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1 | | date
when the circumstances first existed which gave rise to |
2 | | the alleged continuing
violation.
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3 | | (Source: P.A. 89-387, eff. 1-1-96 .)"; and
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4 | | on page 38, line 2, by replacing "registered" with " licensed |
5 | | registered "; and |
6 | | on page 38, line 5, by replacing "registered" with " licensed |
7 | | registered ";and |
8 | | on page 40, line 20, by replacing " registrations " with |
9 | | " licenses "; and
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10 | | on page 40, line 21, by replacing " registered " with " licensed "; |
11 | | and
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12 | | on page 41, by replacing line 11 with the following: |
13 | | " licensees, and all persons whose licenses have been "; and
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14 | | on page 44, line 17, by replacing " registration, " with |
15 | | " license, "; and
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16 | | on page 45, line 16, by replacing "certificate of registration" |
17 | | with " license certificate of registration "; and |
18 | | on page 50, line 17, by replacing "certificate of registration" |
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1 | | with " license certificate of registration "; and |
2 | | on page 52, by replacing lines 1 through 14 with the following:
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3 | | "(225 ILCS 425/24)
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4 | | (Section scheduled to be repealed on January 1, 2016)
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5 | | Sec. 24. Restoration of license from discipline |
6 | | certificate of registration . At any time after
the successful |
7 | | completion of a term of indefinite probation,
suspension , or |
8 | | revocation of any license certificate of registration , the |
9 | | Department may
restore the license certificate of registration |
10 | | to the licensee, accused person upon the written
recommendation |
11 | | of the Board, unless after an investigation and a hearing the |
12 | | Secretary
Board determines that restoration is not in the |
13 | | public interest. No person whose license or authority has been |
14 | | revoked as authorized in this Act may apply for restoration of |
15 | | that license or authority until such time as provided for in |
16 | | the Department of Professional Regulation Law of the Civil |
17 | | Administrative Code of Illinois.
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18 | | (Source: P.A. 89-387, eff. 1-1-96 .)
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19 | | (225 ILCS 425/25)
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20 | | (Section scheduled to be repealed on January 1, 2016)
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21 | | Sec. 25. Surrender of license certificate of registration . |
22 | | Upon the revocation or
suspension of any license, certificate |
23 | | of registration the licensee registrant shall immediately
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1 | | surrender the license certificate of registration to the |
2 | | Department. If the licensee registrant
fails to do so, the |
3 | | Department shall have the right to seize the license |
4 | | certificate of
registration .
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5 | | (Source: P.A. 89-387, eff. 1-1-96 .)"; and
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6 | | by replacing line 15 on page 53 through line 17 of page 54 with |
7 | | the following: |
8 | | "(225 ILCS 425/30 new) |
9 | | Sec. 30. Expiration, renewal, and restoration of license. |
10 | | The expiration date and renewal period for each license shall |
11 | | be set by rule. A collection agency whose license has expired |
12 | | may reinstate its license at any time within 5 years after the |
13 | | expiration thereof, by making a renewal application and by |
14 | | paying the required fee. |
15 | | However, any licensed collection agency whose license has |
16 | | expired while the individual licensed or while a shareholder, |
17 | | partner, or member owning 50% or more of the interest in the |
18 | | collection agency whose license has expired while he or she was |
19 | | (i) on active duty with the Armed Forces of the United States |
20 | | or called into service or training by the State militia; or |
21 | | (ii) in training or education under the supervision of the |
22 | | United States preliminary to induction into the military |
23 | | service, may have his or her license renewed, restored, or |
24 | | reinstated without paying any lapsed renewal fee, restoration |
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1 | | fee, or reinstatement fee if, within 2 years after termination |
2 | | of the service, training, or education, he or she furnishes the |
3 | | Department with satisfactory evidence of service, training, or |
4 | | education and it has been terminated under honorable |
5 | | conditions. |
6 | | Any collection agency whose license has expired for more |
7 | | than 5 years may have it restored by applying to the |
8 | | Department, paying the required fee, and filing acceptable |
9 | | proof of fitness to have the license restored as set by rule. "; |
10 | | and |
11 | | on page 54, line 25, by replacing " unregistered " with |
12 | | " unlicensed "; and
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13 | | on page 55, line 1, by replacing " registration " with " license "; |
14 | | and |
15 | | on page 55, by replacing lines 7 through 12 with the following: |
16 | | " terminate the license or deny the application, without |
17 | | hearing. If, after the termination or denial, the entity seeks |
18 | | a license, it shall apply to the Department for restoration or |
19 | | issuance of the license and pay all fees and fines due to the |
20 | | Department. The Department may establish a fee for the |
21 | | processing of an application for restoration of a license "; and |
22 | | on page 55, line 18, by replacing " Unregistered " with |
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1 | | " Unlicensed "; and |
2 | | on page 56, by replacing lines 3 through 16 with the following: |
3 | | "(225 ILCS 425/45 new) |
4 | | Sec. 45. Summary suspension of license. The Secretary may |
5 | | summarily suspend the license of a licensed collection agency |
6 | | without a hearing, simultaneously with the institution of |
7 | | proceedings for a hearing provided for in Section 16 of this |
8 | | Act, if the Secretary finds that evidence in the Secretary's |
9 | | possession indicates that the continuation of practice by a |
10 | | licensed collection agency would constitute an imminent danger |
11 | | to the public. In the event that the Secretary summarily |
12 | | suspends the license of a licensed collection agency without a |
13 | | hearing, a hearing must be commenced within 30 days after the |
14 | | suspension has occurred and concluded as expeditiously as |
15 | | practical. "; and |
16 | | on page 57, by replacing lines 2 and 3 with the following: |
17 | | " a licensee or applicant, including, but not limited to, any |
18 | | complaint against a licensee filed with the Department and "; |
19 | | and |
20 | | on page 57, by replacing lines 15 and 16 with the following: |
21 | | " against the licensee by the Department or any order issued by |
22 | | the Department against a licensee or applicant shall be a ".
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