Illinois General Assembly - Full Text of HB3332
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Full Text of HB3332  99th General Assembly


Sen. Pamela J. Althoff

Filed: 5/5/2015





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2    AMENDMENT NO. ______. Amend House Bill 3332 as follows:
3on page 2, line 4, by replacing "8b" with "8b,"; and
4on page 2, line 5, after "9.4," by inserting "9.5,"; and
5on page 2, line 6, after "24," by inserting "25,"; and
6on page 2, by replacing lines 12 through 15 with:
7"by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit. It is the duty of the applicant or
10licensee to inform the Department of any change"; and
11on page 3, line 16, by replacing "natural" with "natural"; and
12on page 4, line 17, by replacing "Registered" with "Licensed";



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2on page 4, line 18, by replacing "registered" with "licensed";
4on page 9, line 11, by replacing "registered" with "licensed
5registered"; and
6on page 10, line 9, by replacing "registering" with "obtaining
7a license registering"; and
8on page 12, line 8, by replacing "license" with "an original
9license"; and
10on page 13, line 5, by replacing "certificate or a renewal
11certificate" with "license or a renewal license certificate or
12a renewal certificate"; and
13on page 13, line 14, by replacing "registrant" with "licensee
14or registrant"; and
15on page 13, line 15, by replacing "certificates" with "licenses
16or certificates"; and
17on page 14, line 14, by replacing "certificate of registration"
18with "license certificate of registration"; and



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1on page 14, by replacing lines 17 and 18 with the following:
2"termination date of the prior bond. If a license certificate
3of registration has been cancelled under this Section, the
4agency"; and
5on page 18, by replacing lines 21 through 24 with the
7"deem proper, including fines not to exceed $5,000 for a first
8violation and not to exceed $10,000 per violation for a second
9or subsequent violation, for any one or any combination of
10the"; and
11on page 20, line 23, by replacing "registrant licensee" with
12"licensee"; and
13on page 36, immediately below line 3, by inserting the
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16    (Section scheduled to be repealed on January 1, 2016)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
18against any licensee registrant for violation of the terms of
19this Act or its rules unless the action is commenced within 5
20years after the occurrence of the alleged violation. A
21continuing violation will be deemed to have occurred on the



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1date when the circumstances first existed which gave rise to
2the alleged continuing violation.
3(Source: P.A. 89-387, eff. 1-1-96.)"; and
4on page 38, line 2, by replacing "registered" with "licensed
5registered"; and
6on page 38, line 5, by replacing "registered" with "licensed
8on page 40, line 20, by replacing "registrations" with
9"licenses"; and
10on page 40, line 21, by replacing "registered" with "licensed";
12on page 41, by replacing line 11 with the following:
13    "licensees, and all persons whose licenses have been"; and
14on page 44, line 17, by replacing "registration," with
15"license,"; and
16on page 45, line 16, by replacing "certificate of registration"
17with "license certificate of registration"; and
18on page 50, line 17, by replacing "certificate of registration"



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1with "license certificate of registration"; and
2on 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
6certificate of registration. At any time after the successful
7completion of a term of indefinite probation, suspension, or
8revocation of any license certificate of registration, the
9Department may restore the license certificate of registration
10to the licensee, accused person upon the written recommendation
11of the Board, unless after an investigation and a hearing the
12Secretary Board determines that restoration is not in the
13public interest. No person whose license or authority has been
14revoked as authorized in this Act may apply for restoration of
15that license or authority until such time as provided for in
16the Department of Professional Regulation Law of the Civil
17Administrative 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.
22Upon the revocation or suspension of any license, certificate
23of registration the licensee registrant shall immediately



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1surrender the license certificate of registration to the
2Department. If the licensee registrant fails to do so, the
3Department shall have the right to seize the license
4certificate of registration.
5(Source: P.A. 89-387, eff. 1-1-96.)"; and
6by replacing line 15 on page 53 through line 17 of page 54 with
7the following:
8    "(225 ILCS 425/30 new)
9    Sec. 30. Expiration, renewal, and restoration of license.
10The expiration date and renewal period for each license shall
11be set by rule. A collection agency whose license has expired
12may reinstate its license at any time within 5 years after the
13expiration thereof, by making a renewal application and by
14paying the required fee.
15    However, any licensed collection agency whose license has
16expired while the individual licensed or while a shareholder,
17partner, or member owning 50% or more of the interest in the
18collection agency whose license has expired while he or she was
19(i) on active duty with the Armed Forces of the United States
20or called into service or training by the State militia; or
21(ii) in training or education under the supervision of the
22United States preliminary to induction into the military
23service, may have his or her license renewed, restored, or
24reinstated without paying any lapsed renewal fee, restoration



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1fee, or reinstatement fee if, within 2 years after termination
2of the service, training, or education, he or she furnishes the
3Department with satisfactory evidence of service, training, or
4education and it has been terminated under honorable
6    Any collection agency whose license has expired for more
7than 5 years may have it restored by applying to the
8Department, paying the required fee, and filing acceptable
9proof of fitness to have the license restored as set by rule.";
11on page 54, line 25, by replacing "unregistered" with
12"unlicensed"; and
13on page 55, line 1, by replacing "registration" with "license";
15on page 55, by replacing lines 7 through 12 with the following:
16"terminate the license or deny the application, without
17hearing. If, after the termination or denial, the entity seeks
18a license, it shall apply to the Department for restoration or
19issuance of the license and pay all fees and fines due to the
20Department. The Department may establish a fee for the
21processing of an application for restoration of a license"; and
22on page 55, line 18, by replacing "Unregistered" with



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1"Unlicensed"; and
2on 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
5summarily suspend the license of a licensed collection agency
6without a hearing, simultaneously with the institution of
7proceedings for a hearing provided for in Section 16 of this
8Act, if the Secretary finds that evidence in the Secretary's
9possession indicates that the continuation of practice by a
10licensed collection agency would constitute an imminent danger
11to the public. In the event that the Secretary summarily
12suspends the license of a licensed collection agency without a
13hearing, a hearing must be commenced within 30 days after the
14suspension has occurred and concluded as expeditiously as
15practical."; and
16on page 57, by replacing lines 2 and 3 with the following:
17"a licensee or applicant, including, but not limited to, any
18complaint against a licensee filed with the Department and";
20on page 57, by replacing lines 15 and 16 with the following:
21"against the licensee by the Department or any order issued by
22the Department against a licensee or applicant shall be a".