Full Text of SB2480 96th General Assembly
SB2480sam002 96TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 3/17/2010
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| AMENDMENT TO SENATE BILL 2480
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| AMENDMENT NO. ______. Amend Senate Bill 2480, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 1, as follows: | 5 |
| on page 6, by replacing lines 19 through 23 with the following: | 6 |
| "Secretary in which the applicant shall be the obligor and in | 7 |
| which an insurance company, which is duly authorized by the | 8 |
| State of Illinois to transact the business of fidelity and | 9 |
| surety insurance, shall be a surety. The surety bond must: | 10 |
| (i) be in effect during the period of registration and | 11 |
| for 2 years after the provider ceases providing | 12 |
| debt-management services to individuals in this State; | 13 |
| (ii) run to this State for the benefit of this State | 14 |
| and of individuals who reside in this State when they agree | 15 |
| to receive debt-settlement services from the provider, as | 16 |
| their interests may appear; and | 17 |
| (iii) be in the amount of $50,000 or other larger or |
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| smaller amount that the Secretary determines is warranted | 2 |
| by the financial condition and business experience of the | 3 |
| provider, the history of the provider in performing debt | 4 |
| settlement services, the risk to individuals, and any other | 5 |
| factor that the Secretary considers appropriate."; and
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| on page 7, immediately below line 10, by inserting the | 7 |
| following: | 8 |
| "Instead of the surety bond required under this Section, a | 9 |
| provider may deliver to the Secretary, in the amount required | 10 |
| under this Section, payable or available to this State and to | 11 |
| individuals who reside in this State when they agree to receive | 12 |
| debt-settlement services from the provider, as their interests | 13 |
| may appear: | 14 |
| (1) a certificate of insurance: | 15 |
| (A) issued by an insurance company authorized to do | 16 |
| business in this State and rated at least A or | 17 |
| equivalent by a nationally recognized rating | 18 |
| organization approved by the Secretary; and | 19 |
| (B) with no deductible, or if the provider supplies | 20 |
| a bond in the amount of $5,000, a deductible not | 21 |
| exceeding $5,000; or | 22 |
| (2) with the approval of the Secretary: | 23 |
| (A) an irrevocable letter of credit, issued or | 24 |
| confirmed by a bank approved by the Secretary, payable | 25 |
| upon presentation of a certificate by the Secretary |
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| stating that the provider or its agent has not complied | 2 |
| with this Act; or | 3 |
| (B) bonds or other obligations of the United States | 4 |
| or guaranteed by the United States or bonds or other | 5 |
| obligations of this State or a political subdivision of | 6 |
| this State, to be deposited and maintained with a bank | 7 |
| approved by the Secretary for this purpose."; and
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| by replacing line 23 on page 31 through line 19 on page 32 with | 9 |
| the following: | 10 |
| "(b) A debt settlement provider may only charge fees as | 11 |
| provided in either paragraph (1) or (2) as follows: | 12 |
| (1) with respect to an agreement that provides for a | 13 |
| flat pay-as-you-go fee based on the overall amount of | 14 |
| included or enrolled debt, the total aggregate amount of | 15 |
| fees charged to any individual under this Section may not | 16 |
| exceed 17% of the principal amount of debt included in the | 17 |
| agreement at the inception of the agreement; the flat | 18 |
| pay-as-you-go fee structure authorized under this | 19 |
| paragraph (1) shall be assessed in equal monthly payments | 20 |
| over at least half the length of the plan, as estimated at | 21 |
| the plan's inception, unless the payment of fees is | 22 |
| voluntarily accelerated by the individual in a separate | 23 |
| record and at least half of the overall amount of | 24 |
| outstanding debt covered by the agreement has been settled; | 25 |
| in the event that a consumer cancels a program being |
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| administered under this fee structure, no further fees | 2 |
| shall be due, owing, or assessed by the provider following | 3 |
| the month in which notice of the termination of the program | 4 |
| is received by the provider; or | 5 |
| (2) with respect to agreements in which fees are | 6 |
| calculated as a percentage of the amount saved by an | 7 |
| individual, a settlement fee may not exceed 30% of the | 8 |
| excess of the outstanding amount of each debt over the | 9 |
| amount actually paid to the creditor, as calculated at the | 10 |
| time of settlement; settlement fees authorized under this | 11 |
| paragraph (2) shall become billable only as debts are | 12 |
| settled, and the total aggregate amount of fees charged to | 13 |
| any individual under this part may not exceed 20% of the | 14 |
| principal amount of debt included in the agreement at the | 15 |
| agreement's inception.
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| A provider may not impose or receive fees under both | 17 |
| paragraphs (1) and (2) of this subsection.".
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