Bill Status of HB5016  97th General Assembly


Short Description:  COLLECTION AGENCY-DEBT BUYER

House Sponsors
Rep. Lou Lang - Michael J. Zalewski - Michael G. Connelly - Sidney H. Mathias

Senate Sponsors
(Sen. Kirk W. Dillard - Ira I. Silverstein)

Last Action
DateChamber Action
  8/24/2012HousePublic Act . . . . . . . . . 97-1070

Statutes Amended In Order of Appearance
225 ILCS 425/2from Ch. 111, par. 2002
225 ILCS 425/8.5 new


Synopsis As Introduced
Amends the Collection Agency Act. Defines "charge-off date", "collection agency" or "agency", "debt buyer", and "principal balance" or "charge-off balance". Provides that if a debt buyer commences litigation against a debtor, then the debt buyer shall attach to the complaint an affidavit. Provides that a debt buyer shall be subject to all of the terms, conditions, and requirements of the Act, except that a debt buyer shall not be required to (i) file and maintain in force a surety bond; (ii) maintain a trust account; (iii) procure written authorization to refer the account to an attorney for suit; or (iv) adhere to the assignment for collection criteria. Provides that the Attorney General may enforce against debt buyers specified provisions under the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

House Committee Amendment No. 1
Adds reference to:
225 ILCS 425/8.6 new

Replaces everything after the enacting clause. Reinserts the introduced bill with changes. Removes a definition of "collection agency" or "agency". Restores the language of the definition of "debt collector", "collection agency", or "agency". Creates a new provision where debt buyers shall be subject to the provisions of the Act with certain specified exceptions. Makes a technical change in the location of the provision concerning debt buyer activities. Effective January 1, 2013.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Collection Agency Act. Defines "charge-off balance", "charge-off date", "current balance", and "debt buyer". Creates a provision that provides all debt buyers shall be subject to all of the terms, conditions, and requirements of the Act, except certain specified provisions. Creates a provision that provides that a debt buyer that initiates an action upon an obligation arising out of a consumer debt shall commence the action within the applicable statute of limitations period. Provides that the Attorney General may enforce specified provisions of the Act against debt buyers as unlawful practices under the Consumer Fraud and Deceptive Business Practice Act. Effective January 1, 2013.

Senate Committee Amendment No. 1
Provides that "debt buyer" means any person engaging in, or holding itself out as engaging in, the business of purchasing accounts for value and acquiring all rights in and ownership of a consumer debt (rather than all rights in and ownership of any debt).

Senate Floor Amendment No. 2
Replaces the definition of "debt buyer" with language that provides that "debt buyer" means a person or entity that is engaged in the business of purchasing delinquent or charged-off consumer loans or consumer credit accounts or other delinquent consumer debt for collection purposes, whether it collects the debt itself or hires a third-party for collection or an attorney-at-law for litigation in order to collect such debt.

Actions 
DateChamber Action
  2/7/2012HouseFiled with the Clerk by Rep. Lou Lang
  2/7/2012HouseFirst Reading
  2/7/2012HouseReferred to Rules Committee
  2/15/2012HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  2/24/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/28/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  2/29/2012HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski
  2/29/2012HouseAdded Chief Co-Sponsor Rep. Michael G. Connelly
  2/29/2012HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  2/29/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/29/2012HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 009-000-001
  3/1/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  3/14/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/16/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Lou Lang
  3/16/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/21/2012HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/21/2012HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary I - Civil Law Committee
  3/22/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary I - Civil Law Committee; 007-000-000
  3/22/2012HouseSecond Reading - Short Debate
  3/22/2012HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/22/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2012HouseThird Reading - Short Debate - Passed 103-000-003
  3/26/2012SenateArrive in Senate
  3/26/2012SenatePlaced on Calendar Order of First Reading
  3/26/2012SenateChief Senate Sponsor Sen. Kirk W. Dillard
  3/26/2012SenateFirst Reading
  3/26/2012SenateReferred to Assignments
  3/29/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
  3/30/2012HouseHouse Floor Amendment No. 2 Rule 19(a) / Re-referred to Rules Committee
  4/18/2012SenateAssigned to Judiciary
  4/23/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  4/23/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/24/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/24/2012SenateSenate Committee Amendment No. 1 Adopted
  4/25/2012SenateDo Pass as Amended Judiciary; 007-000-000
  4/25/2012SenatePlaced on Calendar Order of 2nd Reading April 26, 2012
  5/2/2012SenateSecond Reading
  5/2/2012SenatePlaced on Calendar Order of 3rd Reading May 3, 2012
  5/2/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard
  5/2/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/8/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/8/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  5/17/2012SenateRecalled to Second Reading
  5/17/2012SenateSenate Floor Amendment No. 2 Adopted; Dillard
  5/17/2012SenatePlaced on Calendar Order of 3rd Reading May 18, 2012
  5/25/2012SenateThird Reading - Passed; 056-000-000
  5/25/2012HouseArrived in House
  5/25/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/25/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Lou Lang
  5/25/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lou Lang
  5/25/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2012HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2012HouseSenate Committee Amendment No. 1 House Concurs 113-000-002
  5/28/2012HouseSenate Floor Amendment No. 2 House Concurs 113-000-002
  5/28/2012HousePassed Both Houses
  6/26/2012HouseSent to the Governor
  8/24/2012HouseGovernor Approved
  8/24/2012HouseEffective Date January 1, 2013
  8/24/2012HousePublic Act . . . . . . . . . 97-1070