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| [ Senate Amendment 001 ] |
90_HB2211sam002
LRB9004659SMdvam03
1 AMENDMENT TO HOUSE BILL 2211
2 AMENDMENT NO. . Amend House Bill 2211 on page 13,
3 line 16, by replacing "Individual" with "Civil"; and
4 on page 13, by replacing line 17 with the following:
5 "this Act may be asserted in a civil action. Additionally, a
6 court may award reasonable attorney's fees and court costs.";
7 and
8 on page 15, line 26, by deleting "19.5,"; and
9 on page 30, line 4, by replacing "1/360th 1/365th" with
10 "1/365th"; and
11 on page 43, by deleting lines 29 through 32; and
12 on page 44, line 14, by deleting "(Blank)."; and
13 on page 44, by replacing lines 18 through 27 with the
14 following:
15 "not be entitled to collect any interest on such loan. The
16 obligor, prior to the expiration of 2 years after the date of
17 his last scheduled payment, may recover any such interest
18 paid plus such reasonable attorney's fees and court costs as
19 a court may assess against such licensee or lender for a
20 violation of Sections 1, 12, 15, 15a, 15b, 15d, 15e, 16, 17,
21 18, or 19.1. The balance due under the terms of the loan
-2- LRB9004659SMdvam03
1 contract shall be reduced by the amount which the obligor is
2 thus entitled to recover. A bona fide error by a licensee in
3 calculating charges or rebates is not a violation if the
4 licensee corrects the error within a reasonable time, after
5 discovery."; and
6 on page 46, line 14, by replacing "Individual" with "Civil";
7 and
8 on page 46, line 15, by replacing "an individual" with "a
9 civil"; and
10 on page 48, by deleting line 6; and
11 on page 48, line 12, by deleting "3,"; and
12 on page 48, line 15, by deleting "3,"; and
13 on page 52, by deleting line 7 through 32, and on page 53, by
14 deleting lines 1 through 3; and
15 on page 57, line 21, before the period, by inserting the
16 following:
17 ", provided that a buyer may obtain a cash refund at the
18 seller's or holder's location"; and
19 on page 62, by replacing lines 7 through 13 with the
20 following:
21 "enforcement of the contract. Any clause or provision of any
22 retail installment contract entered into after December 31,
23 1973, to the contrary notwithstanding with respect to
24 attorney's fees incurred in the collection or enforcement of
25 such contract, the court in its discretion may award
26 attorney's fees to either party as the interests of justice
27 may require."; and
28 on page 67, line 5, by deleting "3,"; and
29 on page 70, by deleting lines 12 through 31, and on page 71,
-3- LRB9004659SMdvam03
1 by deleting lines 1 through 6; and
2 on page 75, line 5, before the period, by inserting the
3 following:
4 ", provided that a buyer may obtain a cash refund at the
5 seller's or holder's location"; and
6 on page 78, by replacing lines 20 through 27 with the
7 following:
8 "enforcement of the contract or retail charge agreement. Any
9 clause or provision of any retail installment contract or
10 retail charge agreement entered into after December 31, 1973,
11 to the contrary notwithstanding with respect to attorney's
12 fees incurred in the collection or enforcement of such
13 contract or retail charge agreement the court in its
14 discretion may award attorney's fees to either party as the
15 interest of justice may require."; and
16 on page 79, by replacing lines 13 through 19 with the
17 following:
18 "No provision in a retail installment contract under
19 which the holder may accelerate the maturity of any part or
20 all of the amount owing thereunder is enforceable, unless
21 prior to such acceleration, the buyer has been in default for
22 at least 30 days or the buyer has abandoned or destroyed the
23 property or the holder has reasonable cause to believe that
24 the buyer is about to leave the state.".