Illinois General Assembly - Full Text of SB0644
Illinois General Assembly

Previous General Assemblies

Full Text of SB0644  102nd General Assembly

SB0644 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0644

 

Introduced 2/24/2021, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 425/4.5
225 ILCS 425/8a  from Ch. 111, par. 2011a

    Amends the Collection Agency Act by changing references to the General Professions Dedicated Fund to refer to the Financial Institution Fund. Provides that any fees collected and deposited into the General Professions Dedicated Fund for Fiscal Year 2021 may be transferred by the Department of Financial and Professional Regulation to the Financial Institution Fund. Effective immediately.


LRB102 11044 BMS 16376 b

 

 

A BILL FOR

 

SB0644LRB102 11044 BMS 16376 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 Collection Agency Act is amended by
5changing Sections 4.5 and 8a as follows:
 
6    (225 ILCS 425/4.5)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 4.5. Unlicensed practice; violation; civil penalty.
9    (a) Any person who practices, offers to practice, attempts
10to practice, or holds oneself out to practice as a collection
11agency without being licensed under this Act shall, in
12addition to any other penalty provided by law, pay a civil
13penalty to the Department in an amount not to exceed $10,000
14for each offense as determined by the Department. The civil
15penalty shall be assessed by the Department after a hearing is
16held in accordance with the provisions set forth in this Act
17regarding the provision of a hearing for the discipline of a
18licensee.
19    (b) The Department has the authority and power to
20investigate any and all unlicensed activity. In addition to
21taking any other action provided under this Act, whenever the
22Department has reason to believe a person has violated any
23provision of subsection (a) of this Section, the Department

 

 

SB0644- 2 -LRB102 11044 BMS 16376 b

1may issue a rule to show cause why an order to cease and desist
2should not be entered against that person. The rule shall
3clearly set forth the grounds relied upon by the Department
4and shall provide a period of 7 days from the date of the rule
5to file an answer to the satisfaction of the Department.
6Failure to answer to the satisfaction of the Department shall
7cause an order to cease and desist to be issued immediately.
8    (c) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty.
10The order shall constitute a judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
13    (d) All moneys collected under this Section shall be
14deposited into the Financial Institution General Professions
15Dedicated Fund.
16(Source: P.A. 99-227, eff. 8-3-15.)
 
17    (225 ILCS 425/8a)  (from Ch. 111, par. 2011a)
18    (Section scheduled to be repealed on January 1, 2026)
19    Sec. 8a. Fees.
20    (a) The fees for the administration and enforcement of
21this Act, including but not limited to original licensure,
22renewal, and restoration, shall be set by the Department by
23rule. All fees are nonrefundable.
24    (b) All fees collected under this Act by the Department
25shall be deposited into the Financial Institution General

 

 

SB0644- 3 -LRB102 11044 BMS 16376 b

1Professions Dedicated Fund and shall be appropriated to the
2Department for the ordinary and contingent expenses of the
3Department in the administration of this Act. Any fees
4collected and deposited into the General Professions Dedicated
5Fund pursuant to this Act for Fiscal Year 2021 may be
6transferred by the Department to the Financial Institution
7Fund.
8    (c) The administration fee charged by the multi-state
9licensing system shall be paid directly to the multi-state
10licensing system.
11(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.