SB3504 EnrolledLRB100 20550 XWW 35954 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Collateral Recovery Act is amended by
5changing Sections 45, 80, and 85 as follows:
6    (225 ILCS 422/45)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 45. Repossession agency employee requirements.
9    (a) All employees of a licensed repossession agency whose
10duties include the actual repossession of collateral must apply
11for a recovery permit. The holder of a repossession agency
12license issued under this Act, known in this Section as the
13"employer", may employ in the conduct of the business under the
14following provisions:
15        (1) No person may be issued a recovery permit who meets
16    any of the following criteria:
17            (A) Is younger than 21 years of age.
18            (B) Has been convicted of a crime identified in
19        paragraph (3) of subsection (a) of Section 80 of this
20        Act and the Commission determines the ability of the
21        person to engage in the position for which a permit is
22        sought is impaired as a result of the conviction. Has
23        been determined by the Commission to be unfit by reason



SB3504 Enrolled- 2 -LRB100 20550 XWW 35954 b

1        of conviction of an offense in this or another state,
2        other than a minor traffic offense, that the Commission
3        determines in accordance with Section 85 will impair
4        the ability of the person to engage in the position for
5        which a permit is sought. The Commission shall adopt
6        rules for making those determinations.
7            (C) Has had a license or recovery permit denied,
8        suspended, or revoked under this Act.
9            (D) Has not successfully completed a certification
10        program approved by the Commission.
11        (2) No person may be employed by a repossession agency
12    under this Section until he or she has executed and
13    furnished to the Commission, on forms furnished by the
14    Commission, a verified statement to be known as an
15    "Employee's Statement" setting forth all of the following:
16            (A) The person's full name, age, and residence
17        address.
18            (B) The business or occupation engaged in for the 5
19        years immediately before the date of the execution of
20        the statement, the place where the business or
21        occupation was engaged in, and the names of the
22        employers, if any.
23            (C) That the person has not had a license or
24        recovery permit denied, revoked, or suspended under
25        this Act.
26            (D) Any conviction of a felony, except as provided



SB3504 Enrolled- 3 -LRB100 20550 XWW 35954 b

1        for in Section 85.
2            (E) Any other information as may be required by any
3        rule of the Commission to show the good character,
4        competency, and integrity of the person executing the
5        statement.
6    (b) Each applicant for a recovery permit shall have his or
7her fingerprints submitted to the Commission by a Live Scan
8fingerprint vendor certified by the Illinois State Police under
9the Private Detective, Private Alarm, Private Security,
10Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
11format that complies with the form and manner for requesting
12and furnishing criminal history record information as
13prescribed by the Illinois State Police. These fingerprints
14shall be checked against the Illinois State Police and Federal
15Bureau of Investigation criminal history record databases now
16and hereafter filed. The Commission shall charge applicants a
17fee for conducting the criminal history records check, which
18shall not exceed the actual cost of the records check. The
19Illinois Commerce Commission Police shall furnish, pursuant to
20positive identification, records of Illinois convictions to
21the Commission. The Commission, in its discretion, may allow an
22applicant who does not have reasonable access to a designated
23vendor to provide his or her fingerprints in an alternative
24manner. The Commission, in its discretion, may also use other
25procedures in performing or obtaining criminal history records
26checks of applicants. Instead of submitting his or her



SB3504 Enrolled- 4 -LRB100 20550 XWW 35954 b

1fingerprints, an individual may submit proof that is
2satisfactory to the Commission that an equivalent security
3clearance has been conducted.
4    (c) Qualified applicants shall purchase a recovery permit
5from the Commission and in a form that the Commission
6prescribes. The Commission shall notify the submitting person
7within 10 days after receipt of the application of its intent
8to issue or deny the recovery permit. The holder of a recovery
9permit shall carry the recovery permit at all times while
10actually engaged in the performance of the duties of his or her
11employment. No recovery permit shall be effective unless
12accompanied by a license issued by the Commission. Expiration
13and requirements for renewal of recovery permits shall be
14established by rule of the Commission. Possession of a recovery
15permit does not in any way imply that the holder of the
16recovery permit is employed by any agency unless the recovery
17permit is accompanied by the employee identification card
18required by subsection (e) of this Section.
19    (d) Each employer shall maintain a record of each employee
20that is accessible to the duly authorized representatives of
21the Commission. The record shall contain all of the following
23        (1) A photograph taken within 10 days after the date
24    that the employee begins employment with the employer. The
25    photograph shall be replaced with a current photograph
26    every 3 calendar years.



SB3504 Enrolled- 5 -LRB100 20550 XWW 35954 b

1        (2) The Employee's Statement specified in paragraph
2    (2) of subsection (a) of this Section.
3        (3) All correspondence or documents relating to the
4    character and integrity of the employee received by the
5    employer from any official source or law enforcement
6    agency.
7        (4) In the case of former employees, the employee
8    identification card of that person issued under subsection
9    (e) of this Section.
10    (e) Every employer shall furnish an employee
11identification card to each of his or her employees. This
12subsection (e) shall not apply to office or clerical personnel.
13This employee identification card shall contain a recent
14photograph of the employee, the employee's name, the name and
15agency license number of the employer, the employee's personal
16description, the signature of the employer, the signature of
17that employee, the date of issuance, and an employee
18identification card number.
19    (f) No employer may issue an employee identification card
20to any person who is not employed by the employer in accordance
21with this Section or falsely state or represent that a person
22is or has been in his or her employ. It is unlawful for an
23applicant for registration to file with the Commission the
24fingerprints of a person other than himself or herself or to
25fail to exercise due diligence in resubmitting replacement
26fingerprints for those employees who have had original



SB3504 Enrolled- 6 -LRB100 20550 XWW 35954 b

1fingerprint submissions returned as unclassifiable. An agency
2shall inform the Commission within 15 days after contracting or
3employing a licensed repossession agency employee. The
4Commission shall develop a registration process by rule.
5    (g) Every employer shall obtain the identification card of
6every employee who terminates employment with the employer. An
7employer shall immediately report an identification card that
8is lost or stolen to the local police department having
9jurisdiction over the repossession agency location.
10    (h) No agency may employ any person to perform any activity
11under this Act unless the person possesses a valid license or
12recovery permit under this Act.
13    (i) If information is discovered affecting the
14registration of a person whose fingerprints were submitted
15under this Section, then the Commission shall so notify the
16agency that submitted the fingerprints on behalf of that
18    (j) A person employed under this Section shall have 15
19business days within which to notify the Commission of any
20change in employer, but may continue working under any other
21recovery permits granted as an employee or independent
23    (k) This Section applies only to those employees of
24licensed repossession agencies whose duties include actual
25repossession of collateral.
26    (l) An applicant who is 21 years of age or older seeking a



SB3504 Enrolled- 7 -LRB100 20550 XWW 35954 b

1religious exemption to the photograph requirement of this
2Section shall furnish with his or her application an approved
3copy of United States Department of the Treasury Internal
4Revenue Service Form 4029. Regardless of age, an applicant
5seeking a religious exemption to this photograph requirement
6shall submit fingerprints in a form and manner prescribed by
7the Commission with his or her application in lieu of a
9(Source: P.A. 100-286, eff. 1-1-18.)
10    (225 ILCS 422/80)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 80. Refusal, revocation, or suspension.
13    (a) The Commission may refuse to issue or renew or may
14revoke any license or recovery permit or may suspend, place on
15probation, fine, or take any disciplinary action that the
16Commission may deem proper, including fines not to exceed
17$2,500 for each violation, with regard to any license holder or
18recovery permit holder or applicant for one or any combination
19of the following causes:
20        (1) Knowingly making any misrepresentation for the
21    purpose of obtaining a license or recovery permit.
22        (2) Violations of this Act or its rules.
23        (3) For a license licensees or permit holder or
24    applicant holders, conviction of any crime under the laws
25    of the United States or any state or territory thereof that



SB3504 Enrolled- 8 -LRB100 20550 XWW 35954 b

1    is (i) a felony, (ii) a misdemeanor, an essential element
2    of which is dishonesty, or (iii) a crime that is related to
3    the practice of the profession. For license or permit
4    holders or applicants, the provisions of Section 85 of this
5    Act apply. Commission may refuse to issue a license or
6    permit based on restrictions set forth in paragraph (2) of
7    subsection (a) of Section 40 and subparagraph (B) of
8    paragraph (1) of subsection (a) of Section 45,
9    respectively, if the Commission determines in accordance
10    with Section 85 that such conviction will impair the
11    ability of the applicant to engage in the position for
12    which a license or permit is sought.
13        (4) Aiding or abetting another in violating any
14    provision of this Act or its rules.
15        (5) Engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud, or harm the public as defined by rule.
18        (6) Violation of any court order from any State or
19    public agency engaged in the enforcement of payment of
20    child support arrearages or for noncompliance with certain
21    processes relating to paternity or support proceeding.
22        (7) Solicitation of professional services by using
23    false or misleading advertising.
24        (8) A finding that the license or recovery permit was
25    obtained by fraudulent means.
26        (9) Practicing or attempting to practice under a name



SB3504 Enrolled- 9 -LRB100 20550 XWW 35954 b

1    other than the full name shown on the license or recovery
2    permit or any other legally authorized name.
3    (b) The Commission may refuse to issue or may suspend the
4license or recovery permit of any person or entity who fails to
5file a return, pay the tax, penalty, or interest shown in a
6filed return, or pay any final assessment of tax, penalty, or
7interest, as required by any tax Act administered by the
8Department of Revenue, until the time the requirements of the
9tax Act are satisfied. The Commission may take into
10consideration any pending tax disputes properly filed with the
11Department of Revenue.
12(Source: P.A. 100-286, eff. 1-1-18.)
13    (225 ILCS 422/85)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 85. Consideration of past crimes.
16    (a) The Commission shall not require the license or permit
17holder or applicant applicant to report the following
18information and shall not consider the following criminal
19history records in connection with an application for a license
20or permit under this Act:
21        (1) Juvenile adjudications of delinquent minors as
22    defined in Section 5-105 of the Juvenile Court Act of 1987,
23    subject to the restrictions set forth in Section 5-130 of
24    the Juvenile Court Act of 1987.
25        (2) Law enforcement records, court records, and



SB3504 Enrolled- 10 -LRB100 20550 XWW 35954 b

1    conviction records of an individual who was 18 17 years old
2    or younger at the time of the conviction for the offense
3    and before January 1, 2014, unless the nature of the
4    offense required the individual to be tried as an adult.
5        (3) Records of arrest not followed by a conviction.
6        (4) Convictions overturned by a higher court.
7        (5) Convictions or arrests that have been sealed or
8    expunged.
9    (b) When considering the denial of a license or recovery
10permit on the grounds of conviction of a crime, including those
11set forth in paragraph (2) of subsection (a) of Section 40 and
12subparagraph (B) of paragraph (1) of subsection (a) of Section
1345, respectively, the Commission, in evaluating whether the
14conviction will impair the license or permit holder's or
15applicant's ability to engage in the position for which a
16license or permit is sought and the license or permit holder's
17or applicant's present eligibility for a license or recovery
18permit, shall consider each of the following criteria:
19        (1) The lack of direct relation of the offense for
20    which the license or permit holder or applicant was
21    previously convicted to the duties, functions, and
22    responsibilities of the position for which a license or
23    permit is sought.
24        (2) Circumstances relative to the offense, including
25    the license or permit holder's or applicant's age at the
26    time that the offense was committed.



SB3504 Enrolled- 11 -LRB100 20550 XWW 35954 b

1        (3) Evidence of any act committed subsequent to the act
2    or crime under consideration as grounds for denial, which
3    also could be considered as grounds for disciplinary action
4    under this Act.
5        (4) Whether 5 years since a conviction or 3 years since
6    successful completion of the imposed sentence release from
7    confinement for the conviction, whichever is later, have
8    passed without a subsequent conviction.
9        (5) Successful completion of sentence or for license or
10    permit holders or applicants serving a term of parole or
11    probation, a progress report provided by the license or
12    permit holder's or applicant's probation or parole officer
13    that documents the license or permit holder's or
14    applicant's compliance with conditions of supervision.
15        (6) If the license or permit holder or applicant was
16    previously licensed or employed in this State or other
17    states or jurisdictions, then the lack of prior misconduct
18    arising from or related to the licensed position or
19    position of employment.
20        (7) Evidence of rehabilitation or rehabilitative
21    effort during or after incarceration, or during or after a
22    term of supervision, including, but not limited to, a
23    certificate of good conduct under Section 5-5.5-25 of the
24    Unified Code of Corrections or a certificate of relief from
25    disabilities under Section 5-5.5-10 of the Unified Code of
26    Corrections.



SB3504 Enrolled- 12 -LRB100 20550 XWW 35954 b

1        (8) Any other mitigating factors that contribute to the
2    license or permit holder's or applicant's person's
3    potential and current ability to perform the duties and
4    responsibilities of practices licensed or registered under
5    this Act.
6    (c) When considering the suspension or revocation of a
7license or recovery permit on the grounds of conviction of a
8crime, the Commission, in evaluating the rehabilitation of the
9license or permit holder applicant, whether the conviction will
10impair the license or permit holder's applicant's ability to
11engage in the position for which a license or permit is sought,
12and the license or permit holder's applicant's present
13eligibility for a license or recovery permit, shall consider
14each of the following criteria:
15        (1) The nature and severity of the act or offense.
16        (2) The license holder's or recovery permit holder's
17    criminal record in its entirety.
18        (3) The amount of time that has lapsed since the
19    commission of the act or offense.
20        (4) Whether the license holder or recovery permit
21    holder has complied with any terms of parole, probation,
22    restitution, or any other sanctions lawfully imposed
23    against him or her.
24        (5) If applicable, evidence of expungement
25    proceedings.
26        (6) Evidence, if any, of rehabilitation submitted by



SB3504 Enrolled- 13 -LRB100 20550 XWW 35954 b

1    the license holder or recovery permit holder.
2    (d) If the Commission refuses to issue or renew a license
3or permit, or suspends, revokes, places on probation, or takes
4any disciplinary action that the Commission may deem proper
5against a license or permit grant a license or permit to an
6applicant, then the Commission shall notify the license or
7permit holder or applicant of the decision denial in writing
8with the following included in the notice of decision denial:
9        (1) a statement about the decision to refuse to grant a
10    license or permit;
11        (2) a list of the convictions that the Commission
12    determined will impair the license or permit holder's or
13    applicant's ability to engage in the position for which a
14    license or permit is sought;
15        (3) a list of convictions that formed the sole or
16    partial basis for the decision refusal to grant a license
17    or permit; and
18        (4) a summary of the appeal process or the earliest
19    reapplication for a license or permit is permissible the
20    applicant may reapply for a license or permit, whichever is
21    applicable.
22    (e) No later than May 1 of each year, the Commission must
23prepare, publicly announce, and publish a report of summary
24statistical information relating to new and renewal license or
25permit applications during the preceding calendar year. Each
26report shall show, at a minimum:



SB3504 Enrolled- 14 -LRB100 20550 XWW 35954 b

1        (1) the number of applicants for a new or renewal
2    license or permit under this Act within the previous
3    calendar year;
4        (2) the number of applicants for a new or renewal
5    license or permit under this Act within the previous
6    calendar year who had a any criminal conviction identified
7    in paragraph (3) of subsection (a) of Section 80;
8        (3) the number of applicants for a new or renewal
9    license or permit under this Act in the previous calendar
10    year who were granted a license or permit;
11        (4) the number of applicants for a new or renewal
12    license or permit with a criminal conviction identified in
13    paragraph (3) of subsection (a) of Section 80 who were
14    granted a license or permit under this Act within the
15    previous calendar year;
16        (5) the number of applicants for a new or renewal
17    license or permit under this Act within the previous
18    calendar year who were denied a license or permit;
19        (6) the number of applicants for a new or renewal
20    license or permit with a criminal conviction identified in
21    paragraph (3) of subsection (a) of Section 80 who were
22    denied a license or permit under this Act in the previous
23    calendar year in whole or in part because of the a prior
24    conviction;
25        (7) the number of licenses or permits issued with a
26    condition of on probation without monitoring imposed by the



SB3504 Enrolled- 15 -LRB100 20550 XWW 35954 b

1    Commission under this Act in the previous calendar year to
2    applicants with a criminal conviction identified in
3    paragraph (3) of subsection (a) of Section 80; and
4        (8) the number of licenses or permits issued with a
5    condition of on probation with monitoring imposed by the
6    Commission under this Act in the previous calendar year to
7    applicants with a criminal conviction identified in
8    paragraph (3) of subsection (a) of Section 80.
9(Source: P.A. 100-286, eff. 1-1-18.)
10    Section 99. Effective date. This Act takes effect January
111, 2019.