Full Text of SB3504 100th General Assembly
SB3504eng 100TH GENERAL ASSEMBLY |
| | SB3504 Engrossed | | LRB100 20550 XWW 35954 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Collateral Recovery Act is amended by | 5 | | changing Sections 45, 80, and 85 as follows: | 6 | | (225 ILCS 422/45) | 7 | | (Section scheduled to be repealed on January 1, 2022) | 8 | | Sec. 45. Repossession agency employee requirements. | 9 | | (a) All employees of a licensed repossession agency whose | 10 | | duties include the actual repossession of collateral must apply | 11 | | for a recovery permit. The holder of a repossession agency | 12 | | license issued under this Act, known in this Section as the | 13 | | "employer", may employ in the conduct of the business under the | 14 | | following provisions: | 15 | | (1) No person may be issued a recovery permit who meets | 16 | | any of the following criteria: | 17 | | (A) Is younger than 21 years of age. | 18 | | (B) Has been convicted of a crime identified in | 19 | | paragraph (3) of subsection (a) of Section 80 of this | 20 | | Act and the Commission determines the ability of the | 21 | | person to engage in the position for which a permit is | 22 | | sought is impaired as a result of the conviction. Has | 23 | | been determined by the Commission to be unfit by reason |
| | | SB3504 Engrossed | - 2 - | LRB100 20550 XWW 35954 b |
|
| 1 | | of conviction of an offense in this or another state, | 2 | | other than a minor traffic offense, that the Commission | 3 | | determines in accordance with Section 85 will impair | 4 | | the ability of the person to engage in the position for | 5 | | which a permit is sought. The Commission shall adopt | 6 | | rules for making those determinations. | 7 | | (C) Has had a license or recovery permit denied, | 8 | | suspended, or revoked under this Act. | 9 | | (D) Has not successfully completed a certification | 10 | | program approved by the Commission. | 11 | | (2) No person may be employed by a repossession agency | 12 | | under this Section until he or she has executed and | 13 | | furnished to the Commission, on forms furnished by the | 14 | | Commission, a verified statement to be known as an | 15 | | "Employee's Statement" setting forth all of the following: | 16 | | (A) The person's full name, age, and residence | 17 | | address. | 18 | | (B) The business or occupation engaged in for the 5 | 19 | | years immediately before the date of the execution of | 20 | | the statement, the place where the business or | 21 | | occupation was engaged in, and the names of the | 22 | | employers, if any. | 23 | | (C) That the person has not had a license or | 24 | | recovery permit denied, revoked, or suspended under | 25 | | this Act. | 26 | | (D) Any conviction of a felony, except as provided |
| | | SB3504 Engrossed | - 3 - | LRB100 20550 XWW 35954 b |
|
| 1 | | for in Section 85. | 2 | | (E) Any other information as may be required by any | 3 | | rule of the Commission to show the good character, | 4 | | competency, and integrity of the person executing the | 5 | | statement. | 6 | | (b) Each applicant for a recovery permit shall have his or | 7 | | her fingerprints submitted to the Commission by a Live Scan | 8 | | fingerprint vendor certified by the Illinois State Police under | 9 | | the Private Detective, Private Alarm, Private Security, | 10 | | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic | 11 | | format that complies with the form and manner for requesting | 12 | | and furnishing criminal history record information as | 13 | | prescribed by the Illinois State Police. These fingerprints | 14 | | shall be checked against the Illinois State Police and Federal | 15 | | Bureau of Investigation criminal history record databases now | 16 | | and hereafter filed. The Commission shall charge applicants a | 17 | | fee for conducting the criminal history records check, which | 18 | | shall not exceed the actual cost of the records check. The | 19 | | Illinois Commerce Commission Police shall furnish, pursuant to | 20 | | positive identification, records of Illinois convictions to | 21 | | the Commission. The Commission, in its discretion, may allow an | 22 | | applicant who does not have reasonable access to a designated | 23 | | vendor to provide his or her fingerprints in an alternative | 24 | | manner. The Commission, in its discretion, may also use other | 25 | | procedures in performing or obtaining criminal history records | 26 | | checks of applicants. Instead of submitting his or her |
| | | SB3504 Engrossed | - 4 - | LRB100 20550 XWW 35954 b |
|
| 1 | | fingerprints, an individual may submit proof that is | 2 | | satisfactory to the Commission that an equivalent security | 3 | | clearance has been conducted. | 4 | | (c) Qualified applicants shall purchase a recovery permit | 5 | | from the Commission and in a form that the Commission | 6 | | prescribes. The Commission shall notify the submitting person | 7 | | within 10 days after receipt of the application of its intent | 8 | | to issue or deny the recovery permit. The holder of a recovery | 9 | | permit shall carry the recovery permit at all times while | 10 | | actually engaged in the performance of the duties of his or her | 11 | | employment. No recovery permit shall be effective unless | 12 | | accompanied by a license issued by the Commission. Expiration | 13 | | and requirements for renewal of recovery permits shall be | 14 | | established by rule of the Commission. Possession of a recovery | 15 | | permit does not in any way imply that the holder of the | 16 | | recovery permit is employed by any agency unless the recovery | 17 | | permit is accompanied by the employee identification card | 18 | | required by subsection (e) of this Section. | 19 | | (d) Each employer shall maintain a record of each employee | 20 | | that is accessible to the duly authorized representatives of | 21 | | the Commission. The record shall contain all of the following | 22 | | information: | 23 | | (1) A photograph taken within 10 days after the date | 24 | | that the employee begins employment with the employer. The | 25 | | photograph shall be replaced with a current photograph | 26 | | every 3 calendar years. |
| | | SB3504 Engrossed | - 5 - | LRB100 20550 XWW 35954 b |
|
| 1 | | (2) The Employee's Statement specified in paragraph | 2 | | (2) of subsection (a) of this Section. | 3 | | (3) All correspondence or documents relating to the | 4 | | character and integrity of the employee received by the | 5 | | employer from any official source or law enforcement | 6 | | agency. | 7 | | (4) In the case of former employees, the employee | 8 | | identification card of that person issued under subsection | 9 | | (e) of this Section. | 10 | | (e) Every employer shall furnish an employee | 11 | | identification card to each of his or her employees. This | 12 | | subsection (e) shall not apply to office or clerical personnel. | 13 | | This employee identification card shall contain a recent | 14 | | photograph of the employee, the employee's name, the name and | 15 | | agency license number of the employer, the employee's personal | 16 | | description, the signature of the employer, the signature of | 17 | | that employee, the date of issuance, and an employee | 18 | | identification card number. | 19 | | (f) No employer may issue an employee identification card | 20 | | to any person who is not employed by the employer in accordance | 21 | | with this Section or falsely state or represent that a person | 22 | | is or has been in his or her employ. It is unlawful for an | 23 | | applicant for registration to file with the Commission the | 24 | | fingerprints of a person other than himself or herself or to | 25 | | fail to exercise due diligence in resubmitting replacement | 26 | | fingerprints for those employees who have had original |
| | | SB3504 Engrossed | - 6 - | LRB100 20550 XWW 35954 b |
|
| 1 | | fingerprint submissions returned as unclassifiable. An agency | 2 | | shall inform the Commission within 15 days after contracting or | 3 | | employing a licensed repossession agency employee. The | 4 | | Commission shall develop a registration process by rule. | 5 | | (g) Every employer shall obtain the identification card of | 6 | | every employee who terminates employment with the employer. An | 7 | | employer shall immediately report an identification card that | 8 | | is lost or stolen to the local police department having | 9 | | jurisdiction over the repossession agency location. | 10 | | (h) No agency may employ any person to perform any activity | 11 | | under this Act unless the person possesses a valid license or | 12 | | recovery permit under this Act. | 13 | | (i) If information is discovered affecting the | 14 | | registration of a person whose fingerprints were submitted | 15 | | under this Section, then the Commission shall so notify the | 16 | | agency that submitted the fingerprints on behalf of that | 17 | | person. | 18 | | (j) A person employed under this Section shall have 15 | 19 | | business days within which to notify the Commission of any | 20 | | change in employer, but may continue working under any other | 21 | | recovery permits granted as an employee or independent | 22 | | contractor. | 23 | | (k) This Section applies only to those employees of | 24 | | licensed repossession agencies whose duties include actual | 25 | | repossession of collateral.
| 26 | | (l) An applicant who is 21 years of age or older seeking a |
| | | SB3504 Engrossed | - 7 - | LRB100 20550 XWW 35954 b |
|
| 1 | | religious exemption to the photograph requirement of this | 2 | | Section shall furnish with his or her application an approved | 3 | | copy of United States Department of the Treasury Internal | 4 | | Revenue Service Form 4029. Regardless of age, an applicant | 5 | | seeking a religious exemption to this photograph requirement | 6 | | shall submit fingerprints in a form and manner prescribed by | 7 | | the Commission with his or her application in lieu of a | 8 | | photograph. | 9 | | (Source: P.A. 100-286, eff. 1-1-18 .) | 10 | | (225 ILCS 422/80) | 11 | | (Section scheduled to be repealed on January 1, 2022) | 12 | | Sec. 80. Refusal, revocation, or suspension. | 13 | | (a) The Commission may refuse to issue or renew or may | 14 | | revoke any license or recovery permit or may suspend, place on | 15 | | probation, fine, or take any disciplinary action that the | 16 | | Commission may deem proper, including fines not to exceed | 17 | | $2,500 for each violation, with regard to any license holder or | 18 | | recovery permit holder or applicant for one or any combination | 19 | | of the following causes: | 20 | | (1) Knowingly making any misrepresentation for the | 21 | | purpose of obtaining a license or recovery permit. | 22 | | (2) Violations of this Act or its rules. | 23 | | (3) For a license licensees or permit holder or | 24 | | applicant holders , conviction of any crime under the laws | 25 | | of the United States or any state or territory thereof that |
| | | SB3504 Engrossed | - 8 - | LRB100 20550 XWW 35954 b |
|
| 1 | | is (i) a felony, (ii) a misdemeanor, an essential element | 2 | | of which is dishonesty, or (iii) a crime that is related to | 3 | | the practice of the profession. For license or permit | 4 | | holders or applicants, the provisions of Section 85 of this | 5 | | Act apply. Commission may refuse to issue a license or | 6 | | permit based on restrictions set forth in paragraph (2) of | 7 | | subsection (a) of Section 40 and subparagraph (B) of | 8 | | paragraph (1) of subsection (a) of Section 45, | 9 | | respectively, if the Commission determines in accordance | 10 | | with Section 85 that such conviction will impair the | 11 | | ability of the applicant to engage in the position for | 12 | | which a license or permit is sought. | 13 | | (4) Aiding or abetting another in violating any | 14 | | provision of this Act or its rules. | 15 | | (5) Engaging in dishonorable, unethical, or | 16 | | unprofessional conduct of a character likely to deceive, | 17 | | defraud, or harm the public as defined by rule. | 18 | | (6) Violation of any court order from any State or | 19 | | public agency engaged in the enforcement of payment of | 20 | | child support arrearages or for noncompliance with certain | 21 | | processes relating to paternity or support proceeding. | 22 | | (7) Solicitation of professional services by using | 23 | | false or misleading advertising. | 24 | | (8) A finding that the license or recovery permit was | 25 | | obtained by fraudulent means. | 26 | | (9) Practicing or attempting to practice under a name |
| | | SB3504 Engrossed | - 9 - | LRB100 20550 XWW 35954 b |
|
| 1 | | other than the full name shown on the license or recovery | 2 | | permit or any other legally authorized name. | 3 | | (b) The Commission may refuse to issue or may suspend the | 4 | | license or recovery permit of any person or entity who fails to | 5 | | file a return, pay the tax, penalty, or interest shown in a | 6 | | filed return, or pay any final assessment of tax, penalty, or | 7 | | interest, as required by any tax Act administered by the | 8 | | Department of Revenue, until the time the requirements of the | 9 | | tax Act are satisfied. The Commission may take into | 10 | | consideration any pending tax disputes properly filed with the | 11 | | Department of Revenue.
| 12 | | (Source: P.A. 100-286, eff. 1-1-18 .) | 13 | | (225 ILCS 422/85) | 14 | | (Section scheduled to be repealed on January 1, 2022) | 15 | | Sec. 85. Consideration of past crimes. | 16 | | (a) The Commission shall not require the license or permit | 17 | | holder or applicant applicant to report the following | 18 | | information and shall not consider the following criminal | 19 | | history records in connection with an application for a license | 20 | | or permit under this Act: | 21 | | (1) Juvenile adjudications of delinquent minors as | 22 | | defined in Section 5-105 of the Juvenile Court Act of 1987, | 23 | | subject to the restrictions set forth in Section 5-130 of | 24 | | the Juvenile Court Act of 1987. | 25 | | (2) Law enforcement records, court records, and |
| | | SB3504 Engrossed | - 10 - | LRB100 20550 XWW 35954 b |
|
| 1 | | conviction records of an individual who was 18 17 years old | 2 | | or younger at the time of the conviction for the offense | 3 | | and before January 1, 2014, unless the nature of the | 4 | | offense required the individual to be tried as an adult. | 5 | | (3) Records of arrest not followed by a conviction. | 6 | | (4) Convictions overturned by a higher court. | 7 | | (5) Convictions or arrests that have been sealed or | 8 | | expunged. | 9 | | (b) When considering the denial of a license or recovery | 10 | | permit on the grounds of conviction of a crime, including those | 11 | | set forth in paragraph (2) of subsection (a) of Section 40 and | 12 | | subparagraph (B) of paragraph (1) of subsection (a) of Section | 13 | | 45, respectively, the Commission, in evaluating whether the | 14 | | conviction will impair the license or permit holder's or | 15 | | applicant's ability to engage in the position for which a | 16 | | license or permit is sought and the license or permit holder's | 17 | | or applicant's present eligibility for a license or recovery | 18 | | permit, shall consider each of the following criteria: | 19 | | (1) The lack of direct relation of the offense for | 20 | | which the license or permit holder or applicant was | 21 | | previously convicted to the duties, functions, and | 22 | | responsibilities of the position for which a license or | 23 | | permit is sought. | 24 | | (2) Circumstances relative to the offense, including | 25 | | the license or permit holder's or applicant's age at the | 26 | | time that the offense was committed. |
| | | SB3504 Engrossed | - 11 - | LRB100 20550 XWW 35954 b |
|
| 1 | | (3) Evidence of any act committed subsequent to the act | 2 | | or crime under consideration as grounds for denial, which | 3 | | also could be considered as grounds for disciplinary action | 4 | | under this Act. | 5 | | (4) Whether 5 years since a conviction or 3 years since | 6 | | successful completion of the imposed sentence release from | 7 | | confinement for the conviction, whichever is later, have | 8 | | passed without a subsequent conviction. | 9 | | (5) Successful completion of sentence or for license or | 10 | | permit holders or applicants serving a term of parole or | 11 | | probation, a progress report provided by the license or | 12 | | permit holder's or applicant's probation or parole officer | 13 | | that documents the license or permit holder's or | 14 | | applicant's compliance with conditions of supervision. | 15 | | (6) If the license or permit holder or applicant was | 16 | | previously licensed or employed in this State or other | 17 | | states or jurisdictions, then the lack of prior misconduct | 18 | | arising from or related to the licensed position or | 19 | | position of employment. | 20 | | (7) Evidence of rehabilitation or rehabilitative | 21 | | effort during or after incarceration, or during or after a | 22 | | term of supervision, including, but not limited to, a | 23 | | certificate of good conduct under Section 5-5.5-25 of the | 24 | | Unified Code of Corrections or a certificate of relief from | 25 | | disabilities under Section 5-5.5-10 of the Unified Code of | 26 | | Corrections. |
| | | SB3504 Engrossed | - 12 - | LRB100 20550 XWW 35954 b |
|
| 1 | | (8) Any other mitigating factors that contribute to the | 2 | | license or permit holder's or applicant's person's | 3 | | potential and current ability to perform the duties and | 4 | | responsibilities of practices licensed or registered under | 5 | | this Act. | 6 | | (c) When considering the suspension or revocation of a | 7 | | license or recovery permit on the grounds of conviction of a | 8 | | crime, the Commission, in evaluating the rehabilitation of the | 9 | | license or permit holder applicant , whether the conviction will | 10 | | impair the license or permit holder's applicant's ability to | 11 | | engage in the position for which a license or permit is sought, | 12 | | and the license or permit holder's applicant's present | 13 | | eligibility for a license or recovery permit, shall consider | 14 | | each of the following criteria: | 15 | | (1) The nature and severity of the act or offense. | 16 | | (2) The license holder's or recovery permit holder's | 17 | | criminal record in its entirety. | 18 | | (3) The amount of time that has lapsed since the | 19 | | commission of the act or offense. | 20 | | (4) Whether the license holder or recovery permit | 21 | | holder has complied with any terms of parole, probation, | 22 | | restitution, or any other sanctions lawfully imposed | 23 | | against him or her. | 24 | | (5) If applicable, evidence of expungement | 25 | | proceedings. | 26 | | (6) Evidence, if any, of rehabilitation submitted by |
| | | SB3504 Engrossed | - 13 - | LRB100 20550 XWW 35954 b |
|
| 1 | | the license holder or recovery permit holder.
| 2 | | (d) If the Commission refuses to issue or renew a license | 3 | | or permit, or suspends, revokes, places on probation, or takes | 4 | | any disciplinary action that the Commission may deem proper | 5 | | against a license or permit grant a license or permit to an | 6 | | applicant , then the Commission shall notify the license or | 7 | | permit holder or applicant of the decision denial in writing | 8 | | with the following included in the notice of decision denial : | 9 | | (1) a statement about the decision to refuse to grant a | 10 | | license or permit ; | 11 | | (2) a list of the convictions that the Commission | 12 | | determined will impair the license or permit holder's or | 13 | | applicant's ability to engage in the position for which a | 14 | | license or permit is sought; | 15 | | (3) a list of convictions that formed the sole or | 16 | | partial basis for the decision refusal to grant a license | 17 | | or permit ; and | 18 | | (4) a summary of the appeal process or the earliest | 19 | | reapplication for a license or permit is permissible the | 20 | | applicant may reapply for a license or permit , whichever is | 21 | | applicable. | 22 | | (e) No later than May 1 of each year, the Commission must | 23 | | prepare, publicly announce, and publish a report of summary | 24 | | statistical information relating to new and renewal license or | 25 | | permit applications during the preceding calendar year. Each | 26 | | report shall show, at a minimum: |
| | | SB3504 Engrossed | - 14 - | LRB100 20550 XWW 35954 b |
|
| 1 | | (1) the number of applicants for a new or renewal | 2 | | license or permit under this Act within the previous | 3 | | calendar year; | 4 | | (2) the number of applicants for a new or renewal | 5 | | license or permit under this Act within the previous | 6 | | calendar year who had a any criminal conviction identified | 7 | | in paragraph (3) of subsection (a) of Section 80 ; | 8 | | (3) the number of applicants for a new or renewal | 9 | | license or permit under this Act in the previous calendar | 10 | | year who were granted a license or permit; | 11 | | (4) the number of applicants for a new or renewal | 12 | | license or permit with a criminal conviction identified in | 13 | | paragraph (3) of subsection (a) of Section 80 who were | 14 | | granted a license or permit under this Act within the | 15 | | previous calendar year; | 16 | | (5) the number of applicants for a new or renewal | 17 | | license or permit under this Act within the previous | 18 | | calendar year who were denied a license or permit; | 19 | | (6) the number of applicants for a new or renewal | 20 | | license or permit with a criminal conviction identified in | 21 | | paragraph (3) of subsection (a) of Section 80 who were | 22 | | denied a license or permit under this Act in the previous | 23 | | calendar year in whole or in part because of the a prior | 24 | | conviction; | 25 | | (7) the number of licenses or permits issued with a | 26 | | condition of on probation without monitoring imposed by the |
| | | SB3504 Engrossed | - 15 - | LRB100 20550 XWW 35954 b |
|
| 1 | | Commission under this Act in the previous calendar year to | 2 | | applicants with a criminal conviction identified in | 3 | | paragraph (3) of subsection (a) of Section 80 ; and | 4 | | (8) the number of licenses or permits issued with a | 5 | | condition of on probation with monitoring imposed by the | 6 | | Commission under this Act in the previous calendar year to | 7 | | applicants with a criminal conviction identified in | 8 | | paragraph (3) of subsection (a) of Section 80 . | 9 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2019.
|
|