State of Illinois
91st General Assembly
Legislation

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91_HR0164ham001

 










                                             LRB9106402LDpkam

 1                  AMENDMENT TO HOUSE RESOLUTION 164

 2        AMENDMENT  NO.      .   Amend  House  Resolution  164  by
 3    replacing the entire Resolution with the following:

 4                          "HOUSE RESOLUTION

 5        WHEREAS, The granting of credit is a matter  that  is  of
 6    economic  importance  to  the  citizens  of this State and of
 7    concern to the House of Representatives; and

 8        WHEREAS, It has come to the attention of the  members  of
 9    this Body that certain lenders are charging fees and interest
10    on short-term loans that result in annual percentage rates in
11    excess of 1,800%; and

12        WHEREAS,  The  imposition  of  exceedingly  high interest
13    rates creates financial burdens on persons  who  must  borrow
14    on a short-term basis; and

15        WHEREAS,  Borrowers  who   take  out short-term loans may
16    constitute a captive market for lenders who charge high rates
17    of interest; and

18        WHEREAS, Without appropriate  regulation  by  the  State,
19    consumers who do not have other means to cover what are often
20    basic  necessities  in times of crisis may be at the mercy of
 
                            -2-              LRB9106402LDpkam
 1    these lenders; and

 2        WHEREAS, These short-term loans, commonly called  "payday
 3    loans", typically require the borrower to give the lender, at
 4    the  time  of  the  loan,  a  postdated  check  in  an amount
 5    sufficient to pay the loan; and

 6        WHEREAS, The "payday loan" industry has  proliferated  in
 7    communities  statewide,  including  locations at the James R.
 8    Thompson Center State of Illinois Building in Chicago and  on
 9    the campus of the University of Illinois at Champaign; and

10        WHEREAS,   Additional  information about the practices of
11    lenders who make payday loans  is  necessary  to  enable  the
12    House of Representatives to prepare legislation that protects
13    consumers  from  predatory  lending  practices  and deceptive
14    business practices; therefore,  be it

15        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
16    NINETY-FIRST  GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
17    there is created the Payday Loan Review Commission consisting
18    of 3 members appointed by the Speaker  of  the  House  and  3
19    members appointed by the Minority Leader of the House, all of
20    whom shall serve without compensation but shall be reimbursed
21    for  their  reasonable  and  necessary  expenses  from  funds
22    available for that purpose; and be it further

23        RESOLVED,  That  the  Commission is directed to conduct a
24    study of the business of  making  payday  loans;  and  be  it
25    further

26        RESOLVED,  That  the study include a definition of payday
27    lenders and payday loans and practices pertaining  to  payday
28    lenders  and  payday  loans as well as a determination of the
29    number and location of entities engaged in  the  payday  loan
30    industry,  information  on  the  annual  percentage  rate  of
31    interest and other charges imposed upon borrowers who receive
 
                            -3-              LRB9106402LDpkam
 1    payday  loans,  and  a  profile of the borrowers who take out
 2    payday loans; and be it further

 3        RESOLVED, That the study  include  a  discussion  of  the
 4    costs,   profitability,   and  lending  practices  of  payday
 5    lenders, including excessive  rates,  rollovers,  consecutive
 6    loans,   and   concurrent   lending,   for   the  purpose  of
 7    establishing in future legislation a fair rate structure  and
 8    lending    guidelines    that   protect   consumers   against
 9    unacceptable practices; and be it further

10        RESOLVED, That the study include a discussion of problems
11    payday loan practices cause for borrowers  and  consumers  in
12    general; and be it further

13        RESOLVED,  That  the  Commission  report its findings and
14    recommendations to the House of Representatives by  September
15    15, 1999; and be it further

16        RESOLVED,  That a copy of this resolution be delivered to
17    the  Speaker  and   Minority   Leader   of   the   House   of
18    Representatives.".

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