Full Text of HB3332 99th General Assembly
HB3332sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/5/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3332
| 2 | | AMENDMENT NO. ______. Amend House Bill 3332 as follows:
| 3 | | on page 2, line 4, by replacing "8b" with "8b,"; and | 4 | | on page 2, line 5, after "9.4," by inserting "9.5,"; and | 5 | | on page 2, line 6, after "24," by inserting "25,"; and | 6 | | on page 2, by replacing lines 12 through 15 with:
| 7 | | " by the Department in the applicant's or licensee's application | 8 | | file or license file as maintained by the Department's | 9 | | licensure maintenance unit. It is the duty of the applicant or | 10 | | licensee to inform the Department of any change "; and
| 11 | | on page 3, line 16, by replacing "natural" with " natural "; and | 12 | | on page 4, line 17, by replacing " Registered " with " Licensed "; |
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| 1 | | and
| 2 | | on page 4, line 18, by replacing " registered " with " licensed "; | 3 | | and | 4 | | on page 9, line 11, by replacing "registered" with " licensed | 5 | | registered "; and | 6 | | on page 10, line 9, by replacing "registering" with " obtaining | 7 | | a license registering "; and
| 8 | | on page 12, line 8, by replacing " license " with " an original | 9 | | license "; and | 10 | | on page 13, line 5, by replacing "certificate or a renewal | 11 | | certificate" with " license or a renewal license certificate or | 12 | | a renewal certificate "; and | 13 | | on page 13, line 14, by replacing "registrant" with " licensee | 14 | | or registrant"; and | 15 | | on page 13, line 15, by replacing "certificates" with " licenses | 16 | | or certificates"; and | 17 | | on page 14, line 14, by replacing "certificate of registration" | 18 | | with " license certificate of registration "; and |
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| 1 | | on page 14, by replacing lines 17 and 18 with the following:
| 2 | | "termination date of the prior bond. If a license certificate | 3 | | of registration has been cancelled under this Section, the | 4 | | agency"; and
| 5 | | on page 18, by replacing lines 21 through 24 with the | 6 | | following:
| 7 | | "deem proper, including fines not to exceed $5,000 for a first | 8 | | violation and not to exceed $10,000 per violation for a second | 9 | | or subsequent violation , for any one or any combination of | 10 | | the"; and
| 11 | | on page 20, line 23, by replacing " registrant licensee " with | 12 | | "licensee"; and
| 13 | | on page 36, immediately below line 3, by inserting the | 14 | | following:
| 15 | | "(225 ILCS 425/9.5)
| 16 | | (Section scheduled to be repealed on January 1, 2016)
| 17 | | Sec. 9.5. Statute of limitations. No action may be filed | 18 | | against any
licensee registrant for violation of the terms of | 19 | | this Act or its rules unless the
action is commenced within 5 | 20 | | years after the occurrence of the alleged
violation. A | 21 | | continuing violation will be deemed to have occurred on the |
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| 1 | | date
when the circumstances first existed which gave rise to | 2 | | the alleged continuing
violation.
| 3 | | (Source: P.A. 89-387, eff. 1-1-96 .)"; and
| 4 | | on page 38, line 2, by replacing "registered" with " licensed | 5 | | registered "; and | 6 | | on page 38, line 5, by replacing "registered" with " licensed | 7 | | registered ";and | 8 | | on page 40, line 20, by replacing " registrations " with | 9 | | " licenses "; and
| 10 | | on page 40, line 21, by replacing " registered " with " licensed "; | 11 | | and
| 12 | | on page 41, by replacing line 11 with the following: | 13 | | " licensees, and all persons whose licenses have been "; and
| 14 | | on page 44, line 17, by replacing " registration, " with | 15 | | " license, "; and
| 16 | | on page 45, line 16, by replacing "certificate of registration" | 17 | | with " license certificate of registration "; and | 18 | | on page 50, line 17, by replacing "certificate of registration" |
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| 1 | | with " license certificate of registration "; and | 2 | | on page 52, by replacing lines 1 through 14 with the following:
| 3 | | "(225 ILCS 425/24)
| 4 | | (Section scheduled to be repealed on January 1, 2016)
| 5 | | Sec. 24. Restoration of license from discipline | 6 | | certificate of registration . At any time after
the successful | 7 | | completion of a term of indefinite probation,
suspension , or | 8 | | revocation of any license certificate of registration , the | 9 | | Department may
restore the license certificate of registration | 10 | | to the licensee, accused person upon the written
recommendation | 11 | | of the Board, unless after an investigation and a hearing the | 12 | | Secretary
Board determines that restoration is not in the | 13 | | public interest. No person whose license or authority has been | 14 | | revoked as authorized in this Act may apply for restoration of | 15 | | that license or authority until such time as provided for in | 16 | | the Department of Professional Regulation Law of the Civil | 17 | | Administrative Code of Illinois.
| 18 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 19 | | (225 ILCS 425/25)
| 20 | | (Section scheduled to be repealed on January 1, 2016)
| 21 | | Sec. 25. Surrender of license certificate of registration . | 22 | | Upon the revocation or
suspension of any license, certificate | 23 | | of registration the licensee registrant shall immediately
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| 1 | | surrender the license certificate of registration to the | 2 | | Department. If the licensee registrant
fails to do so, the | 3 | | Department shall have the right to seize the license | 4 | | certificate of
registration .
| 5 | | (Source: P.A. 89-387, eff. 1-1-96 .)"; and
| 6 | | by replacing line 15 on page 53 through line 17 of page 54 with | 7 | | the following: | 8 | | "(225 ILCS 425/30 new) | 9 | | Sec. 30. Expiration, renewal, and restoration of license. | 10 | | The expiration date and renewal period for each license shall | 11 | | be set by rule. A collection agency whose license has expired | 12 | | may reinstate its license at any time within 5 years after the | 13 | | expiration thereof, by making a renewal application and by | 14 | | paying the required fee. | 15 | | However, any licensed collection agency whose license has | 16 | | expired while the individual licensed or while a shareholder, | 17 | | partner, or member owning 50% or more of the interest in the | 18 | | collection agency whose license has expired while he or she was | 19 | | (i) on active duty with the Armed Forces of the United States | 20 | | or called into service or training by the State militia; or | 21 | | (ii) in training or education under the supervision of the | 22 | | United States preliminary to induction into the military | 23 | | service, may have his or her license renewed, restored, or | 24 | | reinstated without paying any lapsed renewal fee, restoration |
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| 1 | | fee, or reinstatement fee if, within 2 years after termination | 2 | | of the service, training, or education, he or she furnishes the | 3 | | Department with satisfactory evidence of service, training, or | 4 | | education and it has been terminated under honorable | 5 | | conditions. | 6 | | Any collection agency whose license has expired for more | 7 | | than 5 years may have it restored by applying to the | 8 | | Department, paying the required fee, and filing acceptable | 9 | | proof of fitness to have the license restored as set by rule. "; | 10 | | and | 11 | | on page 54, line 25, by replacing " unregistered " with | 12 | | " unlicensed "; and
| 13 | | on page 55, line 1, by replacing " registration " with " license "; | 14 | | and | 15 | | on page 55, by replacing lines 7 through 12 with the following: | 16 | | " terminate the license or deny the application, without | 17 | | hearing. If, after the termination or denial, the entity seeks | 18 | | a license, it shall apply to the Department for restoration or | 19 | | issuance of the license and pay all fees and fines due to the | 20 | | Department. The Department may establish a fee for the | 21 | | processing of an application for restoration of a license "; and | 22 | | on page 55, line 18, by replacing " Unregistered " with |
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| 1 | | " Unlicensed "; and | 2 | | on page 56, by replacing lines 3 through 16 with the following: | 3 | | "(225 ILCS 425/45 new) | 4 | | Sec. 45. Summary suspension of license. The Secretary may | 5 | | summarily suspend the license of a licensed collection agency | 6 | | without a hearing, simultaneously with the institution of | 7 | | proceedings for a hearing provided for in Section 16 of this | 8 | | Act, if the Secretary finds that evidence in the Secretary's | 9 | | possession indicates that the continuation of practice by a | 10 | | licensed collection agency would constitute an imminent danger | 11 | | to the public. In the event that the Secretary summarily | 12 | | suspends the license of a licensed collection agency without a | 13 | | hearing, a hearing must be commenced within 30 days after the | 14 | | suspension has occurred and concluded as expeditiously as | 15 | | practical. "; and | 16 | | on page 57, by replacing lines 2 and 3 with the following: | 17 | | " a licensee or applicant, including, but not limited to, any | 18 | | complaint against a licensee filed with the Department and "; | 19 | | and | 20 | | on page 57, by replacing lines 15 and 16 with the following: | 21 | | " against the licensee by the Department or any order issued by | 22 | | the Department against a licensee or applicant shall be a ".
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