Illinois General Assembly - Full Text of HB1803
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Full Text of HB1803  102nd General Assembly


Rep. Mark L. Walker

Filed: 3/25/2021





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2    AMENDMENT NO. ______. Amend House Bill 1803 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Collection Agency Act is amended by
5changing Sections 4.5 and 8a as follows:
6    (225 ILCS 425/4.5)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 4.5. Unlicensed practice; violation; civil penalty.
9    (a) Any person who practices, offers to practice, attempts
10to practice, or holds oneself out to practice as a collection
11agency without being licensed under this Act shall, in
12addition to any other penalty provided by law, pay a civil
13penalty to the Department in an amount not to exceed $10,000
14for each offense as determined by the Department. The civil
15penalty shall be assessed by the Department after a hearing is
16held in accordance with the provisions set forth in this Act



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1regarding the provision of a hearing for the discipline of a
3    (b) The Department has the authority and power to
4investigate any and all unlicensed activity. In addition to
5taking any other action provided under this Act, whenever the
6Department has reason to believe a person has violated any
7provision of subsection (a) of this Section, the Department
8may issue a rule to show cause why an order to cease and desist
9should not be entered against that person. The rule shall
10clearly set forth the grounds relied upon by the Department
11and shall provide a period of 7 days from the date of the rule
12to file an answer to the satisfaction of the Department.
13Failure to answer to the satisfaction of the Department shall
14cause an order to cease and desist to be issued immediately.
15    (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty.
17The order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20    (d) All moneys collected under this Section shall be
21deposited into the Financial Institution General Professions
22Dedicated Fund.
23(Source: P.A. 99-227, eff. 8-3-15.)
24    (225 ILCS 425/8a)  (from Ch. 111, par. 2011a)
25    (Section scheduled to be repealed on January 1, 2026)



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1    Sec. 8a. Fees.
2    (a) The fees for the administration and enforcement of
3this Act, including but not limited to original licensure,
4renewal, and restoration, shall be set by the Department by
5rule. All fees are nonrefundable.
6    (b) All fees collected under this Act by the Department
7shall be deposited into the Financial Institution General
8Professions Dedicated Fund and shall be appropriated to the
9Department for the ordinary and contingent expenses of the
10Department in the administration of this Act. After the
11effective date of this amendatory Act of the 102nd General
12Assembly, the Department may transfer any fees collected under
13this Act from the General Professions Dedicated Fund to the
14Financial Institution Fund.
15    (c) The administration fee charged by the multi-state
16licensing system shall be paid directly to the multi-state
17licensing system.
18(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".