Illinois General Assembly

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 Bill Status of SB1306  97th General Assembly


Short Description:  COLLATERAL RECOVERY ACT

Senate Sponsors
Sen. John G. Mulroe - Thomas Johnson and Mike Jacobs

House Sponsors
(Rep. Frank J. Mautino - Dwight Kay - Robert W. Pritchard)

Last Action
DateChamber Action
  8/26/2011SenatePublic Act . . . . . . . . . 97-0576

Statutes Amended In Order of Appearance
New Act
5 ILCS 80/4.32 new


Synopsis As Introduced
Creates the Collateral Recovery Act. Requires the licensure of repossession agencies and recovery managers, and the registration of repossession agency employees, within 6 months after the effective date of the Act. Grants rulemaking authority to the Illinois Commerce Commission. Sets forth provisions concerning qualifications, application, examination, assignment, insurance requirements, and administrative proceedings. Provides that all monies collected by the Illinois Commerce Commission under the Act shall be deposited into the Transportation Regulatory Fund in the State Treasury and used by the Illinois Commerce Commission for the administration of the Act. Provides that any municipality or county, including a home rule unit, may not regulate individuals and entities engaged in the business of collateral recovery in a manner inconsistent with this Act. Amends the Regulatory Sunset Act to set a January 1, 2022 repeal date for the new Act. Effective immediately.

Senate Committee Amendment No. 1
Adds a licensee under the Consumer Installment Loan Act to the definition of "financial institution".

Senate Floor Amendment No. 3
Increases the cost for each recovery ticket to $10 (instead of $5.50). Removes the delay concerning the implementation of the license or registration requirements. Provides that it shall be unlawful for any person or entity to repossess a vehicle or collateral in the State without a recovery ticket. Provides that the State, county, and local municipalities shall work in conjunction with the Commission in the enforcement of this Act. Removes language from the provision concerning home rule concerning that no fee may be charged nor may any application be required by a municipality or county for registration. Provides that a municipality or county, including a home rule unit may not regulate individuals or entities engaged in the business of collateral recovery in a manner that is less stringent than the standards established under the Act (instead of in a manner inconsistent with the Act). Provides that the Commission may take any immediate disciplinary action that the Commission may deem proper if a person or entity repossesses a vehicle or collateral in the State without a valid license and a permit. Makes other changes. Changes the effective date to July 1, 2012 (instead of an immediate effective date).

House Floor Amendment No. 1
Replaces everything after the enacting clause with the engrossed bill with changes in provisions concerning: definitions; powers of the Commission; rulemaking enforcement; recovery ticket; license or registration required; application for repossession agency licensure; enforcement; qualifications for recovery manager, identification card; repossession agency employee requirements; fees; Social Security Number or Federal Employee Identification Number on application; criminal background check; licensed recovery manager in control of repossession agency; insurance required; notification of law enforcement; repossession of vehicles; investigation, notice and hearings; and hearing by other examiner. Removes the provision concerning the certification of records. Effective July 1, 2012.

House Floor Amendment No. 2
Provides that the identification card of a license holder must contain the name of the license holder and any other information required by the Commission. Removes language from the provision concerning the repossession of vehicles that a debtor may not pursue a recovery agent in any way.

Actions 
DateChamber Action
  2/8/2011SenateFiled with Secretary by Sen. Thomas Johnson
  2/8/2011SenateFirst Reading
  2/8/2011SenateReferred to Assignments
  2/23/2011SenateAssigned to Licensed Activities
  3/2/2011SenateChief Sponsor Changed to Sen. John G. Mulroe
  3/2/2011SenateAdded as Chief Co-Sponsor Sen. Thomas Johnson
  3/3/2011SenatePostponed - Licensed Activities
  3/4/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  3/4/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/8/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Licensed Activities
  3/8/2011SenateAdded as Co-Sponsor Sen. Mike Jacobs
  3/9/2011SenateSenate Committee Amendment No. 1 Adopted
  3/10/2011SenateDo Pass as Amended Licensed Activities; 007-000-000
  3/10/2011SenatePlaced on Calendar Order of 2nd Reading March 14, 2011
  3/29/2011SenateSecond Reading
  3/29/2011SenatePlaced on Calendar Order of 3rd Reading March 30, 2011
  4/4/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe
  4/4/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/5/2011SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John G. Mulroe
  4/5/2011SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/6/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Licensed Activities
  4/6/2011SenateSenate Floor Amendment No. 3 Assignments Refers to Licensed Activities
  4/6/2011SenateSenate Floor Amendment No. 2 Postponed - Licensed Activities
  4/6/2011SenateSenate Floor Amendment No. 3 Recommend Do Adopt Licensed Activities; 010-000-000
  4/8/2011SenateRecalled to Second Reading
  4/8/2011SenateSenate Floor Amendment No. 3 Adopted; Mulroe
  4/8/2011SenatePlaced on Calendar Order of 3rd Reading April 11, 2011
  4/13/2011SenateThird Reading - Passed; 058-000-000
  4/13/2011SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/13/2011HouseArrived in House
  4/13/2011HousePlaced on Calendar Order of First Reading
  4/13/2011HouseChief House Sponsor Rep. Frank J. Mautino
  4/14/2011HouseFirst Reading
  4/14/2011HouseReferred to Rules Committee
  4/21/2011HouseAssigned to Judiciary I - Civil Law Committee
  5/4/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  5/4/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/13/2011HouseAdded Alternate Chief Co-Sponsor Rep. Dwight Kay
  5/18/2011HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Frank J. Mautino
  5/18/2011HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/19/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Frank J. Mautino
  5/19/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/20/2011HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  5/20/2011HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  5/26/2011HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
  5/26/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
  5/26/2011HouseSecond Reading - Short Debate
  5/26/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2011HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/27/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/27/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/28/2011HouseThird Reading - Short Debate - Passed 104-009-000
  5/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Robert W. Pritchard
  5/28/2011SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/28/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 29, 2011
  5/28/2011SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John G. Mulroe
  5/28/2011SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/28/2011SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John G. Mulroe
  5/28/2011SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/28/2011SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Licensed Activities
  5/28/2011SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Licensed Activities
  5/29/2011SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Licensed Activities; 008-000-000
  5/29/2011SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Licensed Activities; 008-000-000
  5/29/2011SenateHouse Floor Amendment No. 1 Senate Concurs 053-000-000
  5/29/2011SenateHouse Floor Amendment No. 2 Senate Concurs 053-000-000
  5/29/2011SenatePassed Both Houses
  6/27/2011SenateSent to the Governor
  8/26/2011SenateGovernor Approved
  8/26/2011SenateEffective Date July 1, 2012
  8/26/2011SenatePublic Act . . . . . . . . . 97-0576

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