92nd General Assembly
Status of HB4106
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COLVIN-HOWARD-YARBROUGH-FLOWERS-BROSNAHAN, HOFFMAN, 
   MILLER, FRITCHEY, FEIGENHOLTZ, JEFFERSON, TURNER,ART, 
   DART AND LYONS,JOSEPH.

(SULLIVAN)

   New Act                                                                     

        Create the Tax Refund Anticipation  Loan  Act.  Requires  persons      
   engaged   in  the  business  of  making  or  facilitating  tax  refund      
   anticipation loans  to  register  with  the  Department  of  Financial      
   Institutions. Provides that certain disclosures regarding interest and      
   fees  must  be made in conjunction with tax refund anticipation loans.      
   Authorizes the Department of Financial Institutions  to  impose  civil      
   penalties   for   violation.  Provides  borrowers  a  private  remedy.      
   Authorizes  the  award  of  attorney's  fees.  Provides  that  certain      
   violations constitute a Class A misdemeanor. Effective July 1, 2002.        
          HOME RULE NOTE                                                       
          (Illinois Department of Commerce and Community Affairs)              
          HB 4106 concerns the Department of Financial Institutions and        
          private industry. The legislation does not affect a unit of          
          local government, nor does it pre-empt home rule powers.             
          Therefore, in the opinion of DCCA, HB 4106 does not pre-empt         
          home rule authority.                                                 
        HOUSE AMENDMENT NO. 1.                                                 
        Replaces everything after the enacting clause.  Creates  the  Tax      
   Refund  Anticipation  Loan  Disclosure Act.  Requires persons who make      
   tax  refund  anticipation  loans  to  make  specific  disclosures   to      
   borrowers  concerning  fees, the date loan proceeds will be disbursed,      
   and the average time within which refunds may be expected with  regard      
   to  electronically  filed  tax  returns.  Eliminates  the  role of the      
   Department of Financial Institutions. Effective July 1, 2002.               
        HOUSE AMENDMENT NO. 2.                                                 
        Changes  the  term  "creditor"  to  "facilitator"  and  the  term      
   "debtor"  to  "borrower".   Excludes  licensees  under  the   Consumer      
   Installment  Loan  Act from the scope of the Act.  Requires disclosure      
   of a fee schedule rather than of the fee for a tax refund anticipation      
   loan.  Effective January 1, 2003.                                           
        HOUSE AMENDMENT NO. 3.                                                 
        Changes  the  term  "creditor"  to  "facilitator"  and  the  term      
   "debtor"  to  "borrower".   Excludes  licensees  under  the   Consumer      
   Installment  Loan  Act from the scope of the Act.  Requires disclosure      
   of a fee schedule rather than of the fee for a tax refund anticipation      
   loan. Requires disclosure of the estimated date that loan proceeds          
   will be paid if the loan is approved. Effective January 1, 2003.            
          FISCAL NOTE, H-AM 3 (Attorney General)                               
          This bill will not have a measurable fiscal impact on the            
          Attorney General Office. Because the number of referrals DFI         
          may make under this Act is unknown, it is difficult to               
          precisely predict a fiscal impact, although it is not expected       
          that fiscal impact would be significant.                             
   JAN-29-2002  H  FILED WITH CLERK                                               
   JAN-29-2002  H  FIRST READING                                                  
   JAN-29-2002  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   JAN-30-2002  H       ASSIGNED TO COMMITTEE               REVENUE               
   FEB-05-2002  H  ADDED AS A JOINT SPONSOR                 HOWARD                
   FEB-05-2002  H  ADDED AS A JOINT SPONSOR                 YARBROUGH             
   FEB-05-2002  H  ADDED AS A JOINT SPONSOR                 FLOWERS               
   FEB-05-2002  H  ADDED AS A JOINT SPONSOR                 BROSNAHAN             
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    HOFFMAN               
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    COLLINS               
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    MILLER                
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    FRITCHEY              
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    FEIGENHOLTZ           
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    JEFFERSON             
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    TURNER,ART            
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    MURPHY                
   FEB-05-2002  H  ADDED AS A CO-SPONSOR                    DART                  
   FEB-06-2002  H  ADDED AS A CO-SPONSOR                    LYONS,JOSEPH          
   FEB-15-2002  H  HOME RULE NOTE FILED                                           
   FEB-15-2002  H                   COMMITTEE               REVENUE               
   FEB-22-2002  H                             AMENDMENT NO. 01-REVENUE       H    
   FEB-22-2002  H                                   ADOPTED SUBCOM                
   FEB-22-2002  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HREV    
   FEB-22-2002  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAR-20-2002  H  SECOND READING-SHORT DEBATE                                    
   MAR-20-2002  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAR-20-2002  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   MAR-20-2002  H                             AMENDMENT NO. 02-COLVIN             
   MAR-20-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-20-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-02-2002  H                             AMENDMENT NO. 02-COLVIN             
   APR-02-2002  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   APR-02-2002  H                             AMENDMENT NO. 03-COLVIN             
   APR-02-2002  H                     AMENDMENT REFERRED TO HRUL                  
   APR-02-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-04-2002  H                             AMENDMENT NO. 03-COLVIN             
   APR-04-2002  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   APR-04-2002  H                             AMENDMENT NO. 02-COLVIN             
   APR-04-2002  H                                   ADOPTED                       
   APR-04-2002  H                             AMENDMENT NO. 03-COLVIN             
   APR-04-2002  H                                   ADOPTED                       
   APR-04-2002  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   APR-05-2002  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   APR-09-2002  S  ARRIVE IN SENATE                                               
   APR-09-2002  S  PLACED CALENDAR ORDER OF FIRST READING   02-04-10              
   APR-10-2002  S  FISCAL NOTE FILED AS AMENDED             HA 03                 
   APR-11-2002  S  CHIEF SPONSOR                            SULLIVAN              
   APR-16-2002  S  FIRST READING                                                  
   APR-16-2002  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   APR-17-2002  S       ASSIGNED TO COMMITTEE               FIN INST              
   APR-25-2002  S       DO PASS                             007-000-000   SFIC    
   APR-25-2002  S  PLACED ON CALENDAR ORDER OF 2ND READING  02-05-06              
   MAY-06-2002  S  SECOND READING                                                 
   MAY-06-2002  S  PLACED ON CALENDAR ORDER OF 3RD READING  02-05-07              
   MAY-07-2002  S  THIRD READING - PASSED                   056-000-000           
   MAY-07-2002  H  PASSED BOTH HOUSES                                             
   JUN-05-2002  H  SENT TO THE GOVERNOR                                           
   JUL-16-2002  H  GOVERNOR APPROVED                                              
   JUL-16-2002  H                            EFFECTIVE DATE 03-01-01              
   JUL-16-2002  H  PUBLIC ACT.............................. 92-0664               

   END OF INQUIRY 



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