IL
Illinois House Bill HB5538

Illinois 2023-2024 Regular Session

Illinois House Bill HB5538 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5538 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: See Index Amends the Financial Institutions Code. Changes the name of the Code to the Financial Institutions Act. Makes conforming changes, including in the Collection Agency Act. Provides that the Division of Financial Institutions is authorized to receive and investigate complaints made about regulated persons; to keep records of all registrations or other authorizations; to issue orders and fines, to require information or reports from regulated persons; to examine activities, books, and records of regulated persons; to defray operating and implementation expenses of administering the Act and other laws; to enter into cooperative agreements; to prescribe the forms of and receive applications or other authorizations and all reports, books, and records required to be made by regulated persons; to subpoena documents and witnesses and administer oaths; to appoint examiners, supervisors, experts, and special assistants; and to investigate and take actions reasonably necessary to prohibit and stop unlicensed activity. Provides for the Division to make and implement rules. Repeals provisions relating to the transfer of powers, rights, and duties from various former Departments to the Department of Financial and Professional Regulation. Provides for a Director of the Division appointed by the Governor to report to the Secretary of Financial and Professional Regulation. Provides that any Illinois circuit court may enter an order to enforce subpoenas issued by the Division. Requires regulated persons to maintain character and fitness to justify confidence of the public. Provides for the Secretary to enter into consent orders or settlement agreements with regulated persons. Provides exceptions for some forms of financial interest in any financial institutions under the Division's jurisdiction. Makes other changes. Amends the Consumer Installment Loan Act and the Payday Loan Reform Act. Provides that the Director may fine a person doing business without the required license. Makes other changes. Effective immediately. LRB103 37882 RTM 68013 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5538 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: See Index See Index Amends the Financial Institutions Code. Changes the name of the Code to the Financial Institutions Act. Makes conforming changes, including in the Collection Agency Act. Provides that the Division of Financial Institutions is authorized to receive and investigate complaints made about regulated persons; to keep records of all registrations or other authorizations; to issue orders and fines, to require information or reports from regulated persons; to examine activities, books, and records of regulated persons; to defray operating and implementation expenses of administering the Act and other laws; to enter into cooperative agreements; to prescribe the forms of and receive applications or other authorizations and all reports, books, and records required to be made by regulated persons; to subpoena documents and witnesses and administer oaths; to appoint examiners, supervisors, experts, and special assistants; and to investigate and take actions reasonably necessary to prohibit and stop unlicensed activity. Provides for the Division to make and implement rules. Repeals provisions relating to the transfer of powers, rights, and duties from various former Departments to the Department of Financial and Professional Regulation. Provides for a Director of the Division appointed by the Governor to report to the Secretary of Financial and Professional Regulation. Provides that any Illinois circuit court may enter an order to enforce subpoenas issued by the Division. Requires regulated persons to maintain character and fitness to justify confidence of the public. Provides for the Secretary to enter into consent orders or settlement agreements with regulated persons. Provides exceptions for some forms of financial interest in any financial institutions under the Division's jurisdiction. Makes other changes. Amends the Consumer Installment Loan Act and the Payday Loan Reform Act. Provides that the Director may fine a person doing business without the required license. Makes other changes. Effective immediately. LRB103 37882 RTM 68013 b LRB103 37882 RTM 68013 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5538 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
3+See Index See Index
4+See Index
5+Amends the Financial Institutions Code. Changes the name of the Code to the Financial Institutions Act. Makes conforming changes, including in the Collection Agency Act. Provides that the Division of Financial Institutions is authorized to receive and investigate complaints made about regulated persons; to keep records of all registrations or other authorizations; to issue orders and fines, to require information or reports from regulated persons; to examine activities, books, and records of regulated persons; to defray operating and implementation expenses of administering the Act and other laws; to enter into cooperative agreements; to prescribe the forms of and receive applications or other authorizations and all reports, books, and records required to be made by regulated persons; to subpoena documents and witnesses and administer oaths; to appoint examiners, supervisors, experts, and special assistants; and to investigate and take actions reasonably necessary to prohibit and stop unlicensed activity. Provides for the Division to make and implement rules. Repeals provisions relating to the transfer of powers, rights, and duties from various former Departments to the Department of Financial and Professional Regulation. Provides for a Director of the Division appointed by the Governor to report to the Secretary of Financial and Professional Regulation. Provides that any Illinois circuit court may enter an order to enforce subpoenas issued by the Division. Requires regulated persons to maintain character and fitness to justify confidence of the public. Provides for the Secretary to enter into consent orders or settlement agreements with regulated persons. Provides exceptions for some forms of financial interest in any financial institutions under the Division's jurisdiction. Makes other changes. Amends the Consumer Installment Loan Act and the Payday Loan Reform Act. Provides that the Director may fine a person doing business without the required license. Makes other changes. Effective immediately.
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311 1 AN ACT concerning State government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Financial Institutions Code is amended by
715 5 changing Sections 1, 2, 4, 6, 6a, 7, 8, 15, 16, 17, and 18 and
8-6 by adding Sections 18.2, 18.3, and 18.5 as follows:
16+6 by adding Sections 18.2, 18.3, 18.4, and 18.5 as follows:
917 7 (20 ILCS 1205/1) (from Ch. 17, par. 101)
1018 8 Sec. 1. Short title. This Act shall be known and shall be
1119 9 cited as the "Financial Institutions Act Code."
1220 10 (Source: Laws 1957, p. 369.)
1321 11 (20 ILCS 1205/2) (from Ch. 17, par. 102)
1422 12 Sec. 2. Purpose. The purpose of the Financial Institutions
1523 13 Act Code is to provide under the Governor for the orderly
1624 14 administration and enforcement of laws relating to financial
1725 15 institutions under the authority of the Governor.
1826 16 (Source: Laws 1957, p. 369.)
1927 17 (20 ILCS 1205/4) (from Ch. 17, par. 104)
2028 18 Sec. 4. Definitions. As used in this Act:
2129 19 "Address of record" means the designated address recorded
2230 20 by the Division in the applicant's application file or the
2331 21 licensee's license file, as maintained by the Division.
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35+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5538 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
36+See Index See Index
37+See Index
38+Amends the Financial Institutions Code. Changes the name of the Code to the Financial Institutions Act. Makes conforming changes, including in the Collection Agency Act. Provides that the Division of Financial Institutions is authorized to receive and investigate complaints made about regulated persons; to keep records of all registrations or other authorizations; to issue orders and fines, to require information or reports from regulated persons; to examine activities, books, and records of regulated persons; to defray operating and implementation expenses of administering the Act and other laws; to enter into cooperative agreements; to prescribe the forms of and receive applications or other authorizations and all reports, books, and records required to be made by regulated persons; to subpoena documents and witnesses and administer oaths; to appoint examiners, supervisors, experts, and special assistants; and to investigate and take actions reasonably necessary to prohibit and stop unlicensed activity. Provides for the Division to make and implement rules. Repeals provisions relating to the transfer of powers, rights, and duties from various former Departments to the Department of Financial and Professional Regulation. Provides for a Director of the Division appointed by the Governor to report to the Secretary of Financial and Professional Regulation. Provides that any Illinois circuit court may enter an order to enforce subpoenas issued by the Division. Requires regulated persons to maintain character and fitness to justify confidence of the public. Provides for the Secretary to enter into consent orders or settlement agreements with regulated persons. Provides exceptions for some forms of financial interest in any financial institutions under the Division's jurisdiction. Makes other changes. Amends the Consumer Installment Loan Act and the Payday Loan Reform Act. Provides that the Director may fine a person doing business without the required license. Makes other changes. Effective immediately.
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3266 1 "Department" means the Department of Financial and
3367 2 Professional Regulation.
3468 3 "Director" means the Director or acting Director of the
3569 4 Division of Financial Institutions and any authorized
3670 5 representative of the Director.
3771 6 "Division" means the Division of Financial Institutions of
3872 7 the Department.
3973 8 "Financial institutions" means ambulatory and community
4074 9 currency exchanges, credit unions, guaranteed credit unions,
4175 10 money transmitters, title insuring or guaranteeing companies
4276 11 and their agents, consumer installment lenders, payday
4377 12 lenders, sales finance agencies, consumer legal funding
4478 13 companies, collection agencies, and any other person who
4579 14 industry or business that offers services or products that are
4680 15 regulated under any Act administered by the Director.
4781 16 "License" means any certificate or authorization issued to
4882 17 any person, party, or entity pursuant to any Act administered
4983 18 by the Division.
5084 19 "Licensee" means any person, party, or entity who is or
5185 20 comes to be certified, chartered, registered, licensed, or
5286 21 otherwise authorized by the Division pursuant to any Act
5387 22 administered by the Division.
5488 23 "Payday loan" has the meaning ascribed to that term in the
5589 24 Payday Loan Reform Act.
5690 25 "Person" means any individual, partnership, joint venture,
5791 26 trust, estate, firm, corporation, cooperative society or
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68102 1 association, or any other form of business association or
69103 2 legal entity.
70104 3 "Regulated person" means a person whose activities are
71105 4 subject to an Act or rule that is administered by the Division.
72106 5 "Regulated person" includes licensees as well as persons who
73107 6 are lawfully or unlawfully unlicensed. "Regulated person" also
74108 7 includes managers and owners of the licensee.
75109 8 "Secretary" means the Secretary or acting Secretary of
76110 9 Financial and Professional Regulation and any authorized
77111 10 representative of the Secretary.
78112 11 (Source: P.A. 102-975, eff. 1-1-23.)
79113 12 (20 ILCS 1205/6)
80114 13 Sec. 6. General powers and duties. In addition to the
81115 14 powers and duties provided by law and imposed elsewhere in
82116 15 this Act, the Division has the following powers and duties:
83117 16 (1) To administer and enforce the Consumer Installment
84118 17 Loan Act and its implementing rules.
85119 18 (2) To administer and enforce the Currency Exchange
86120 19 Act and its implementing rules.
87121 20 (3) To administer and enforce the Debt Management
88122 21 Service Act and its implementing rules.
89123 22 (4) To administer and enforce the Debt Settlement
90124 23 Consumer Protection Act and its implementing rules.
91125 24 (5) To administer and enforce the Illinois Development
92126 25 Credit Corporation Act and its implementing rules.
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103137 1 (6) To administer and enforce the Payday Loan Reform
104138 2 Act and its implementing rules.
105139 3 (7) To administer and enforce the Safety Deposit
106140 4 License Act and its implementing rules.
107141 5 (8) To administer and enforce the Sales Finance Agency
108142 6 Act and its implementing rules.
109143 7 (9) To administer and enforce the Title Insurance Act
110144 8 and its implementing rules.
111145 9 (10) To administer and enforce the Transmitters of
112146 10 Money Act and its implementing rules.
113147 11 (11) To administer and enforce the Predatory Loan
114148 12 Prevention Act and its implementing rules.
115149 13 (12) To administer and enforce the Motor Vehicle
116150 14 Retail Installment Sales Act and its implementing rules.
117151 15 (13) To administer and enforce the Retail Installment
118152 16 Sales Act and its implementing rules.
119153 17 (14) To administer and enforce the Illinois Credit
120154 18 Union Act and its implementing rules.
121155 19 (15) To administer and enforce the Collection Agency
122156 20 Act and its implementing rules.
123157 21 (16) To administer and enforce the Consumer Legal
124158 22 Funding Act and its implementing rules.
125159 23 (17) (16) To administer and enforce this Act and any
126160 24 other Act administered by the Director or Division.
127161 25 (17) If the Division is authorized or required by law
128162 26 to consider some aspect of criminal history record
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139173 1 information for the purpose of carrying out its statutory
140174 2 powers and responsibilities, to obtain from the Illinois
141175 3 State Police, upon request and payment of the fees
142176 4 required by the Illinois State Police Law of the Civil
143177 5 Administrative Code of Illinois, pursuant to positive
144178 6 identification, such information contained in State files
145179 7 as is necessary to carry out the duties of the Division.
146180 8 (18) To authorize and administer examinations to
147181 9 ascertain the qualifications of applicants and licensees
148182 10 for which the examination is held.
149183 11 (19) To conduct hearings in proceedings to revoke,
150184 12 suspend, refuse to renew, or take other disciplinary
151185 13 action regarding licenses, charters, certifications,
152186 14 registrations, or authorities of persons as authorized in
153187 15 any Act administered by the Division.
154-16 Whenever the Division is authorized or required by law to
155-17 consider some aspect of criminal history record information
156-18 for the purpose of carrying out its statutory powers and
157-19 responsibilities, then, upon request and payment of fees in
158-20 conformance with the requirements of Section 2605-400 of the
159-21 Illinois State Police Law, the Illinois State Police is
160-22 authorized to furnish, pursuant to positive identification,
161-23 the information contained in State files that is necessary to
162-24 fulfill the request.
163-25 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
164-26 102-975, eff. 1-1-23; 103-154, eff. 6-30-23.)
188+16 (20) To receive, consider, investigate, and act upon
189+17 complaints made by any person relating to a regulated
190+18 person.
191+19 (21) To keep records of all licenses, registrations,
192+20 charters, or other authorizations.
193+21 (22) To issue orders and fines against any person: (A)
194+22 if the Secretary has reasonable cause to believe that an
195+23 unsafe, unsound, deceptive, unfit, or unlawful practice
196+24 has occurred, is occurring, or is likely to occur; (B) if
197+25 any person has violated, is violating, or is about to
198+26 violate any law, rule, or written agreement with the
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175-1 (20 ILCS 1205/6a) (from Ch. 17, par. 107)
176-2 Sec. 6a. The Secretary Director may, in accordance with
177-3 the The Illinois Administrative Procedure Act, adopt
178-4 reasonable rules with respect to the administration and
179-5 enforcement of any Act the administration of which is vested
180-6 in the Division Director or the Department.
181-7 (Source: P.A. 81-205.)
182-8 (20 ILCS 1205/7) (from Ch. 17, par. 108)
183-9 Sec. 7. Illinois Administrative Procedure Act. The
184-10 provisions of the "The Illinois Administrative Procedure Act",
185-11 as now or hereafter amended, are hereby expressly adopted and
186-12 incorporated herein as though a part of this Act, and shall
187-13 apply to all administrative rules and procedures of the
188-14 Division Director and the Department of Financial Institutions
189-15 under this Act. , except that the provisions of the
190-16 Administrative Procedure Act regarding contested cases shall
191-17 not apply to actions of the Director under Section 15.1 of "An
192-18 Act in relation to the definition, licensing and regulation of
193-19 community currency exchanges and ambulatory currency
194-20 exchanges, and the operators and employees thereof, and to
195-21 make an appropriation therefor, and to provide penalties and
196-22 remedies for the violation thereof", approved June 30, 1943,
197-23 as amended, or Sections 8 and 61 of "The Illinois Credit Union
198-24 Act".
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209+1 Secretary; or (C) for the purpose of administering the
210+2 provisions of this Act or other law and any rule adopted in
211+3 accordance with this Act or other law administered by the
212+4 Division.
213+5 (23) To require information or reports from any
214+6 licensee or regulated person at any time the Secretary
215+7 chooses.
216+8 (24) To examine the activities, books, and records of
217+9 every regulated person.
218+10 (25) To enforce the provisions of this Act, Illinois
219+11 laws, and the federal laws applicable to persons regulated
220+12 by the Division.
221+13 (26) To levy fees, fines, and civil penalties, charge
222+14 for services, and impose assessments to defray operating
223+15 expenses, including direct and indirect costs, of
224+16 administering this Act and other laws administered by the
225+17 Division.
226+18 (27) To enter into cooperative agreements with federal
227+19 and state regulatory authorities and to accept reports of
228+20 examinations from federal and state regulatory
229+21 authorities.
230+22 (28) To exercise visitorial power over regulated
231+23 persons.
232+24 (29) To prescribe the forms of and receive (A)
233+25 applications for licenses, registrations, charters, or
234+26 other authorizations; and (B) all reports and all books
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209-1 (Source: P.A. 100-22, eff. 1-1-18.)
210-2 (20 ILCS 1205/8) (from Ch. 17, par. 109)
211-3 Sec. 8. Duties of the Secretary. The Secretary Director
212-4 shall direct and supervise all Department administrative and
213-5 technical activities, in addition to the duties imposed upon
214-6 the Secretary him elsewhere in this Act Code, and shall:
215-7 (1) Apply and carry out this Act Code and the laws and all
216-8 rules adopted in pursuance thereof.
217-9 (2) Appoint, subject to the provisions of the Personnel
218-10 Code, such employees of the Division Department and such
219-11 experts and special assistants as may be necessary to carry
220-12 out effectively the provisions of this Act Code.
221-13 (3) Foster and develop programs with financial
222-14 institutions, for the best interests of these institutions,
223-15 their services, and the People people of the State of
224-16 Illinois.
225-17 (4) Attend meetings of the Advisory Boards created by laws
226-18 relating to financial institutions.
227-19 (5) Make continuous studies and report his recommendations
228-20 to the Governor for the improvement of the Department.
229-21 (6) Make an annual report regarding the work of the
230-22 Department and such special reports as he may consider
231-23 desirable to the Governor, or as the Governor may request.
232-24 (5) (7) Perform any other lawful acts that the Secretary
233-25 which he may consider necessary or desirable to carry out the
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245+1 and records required to be made by any regulated person.
246+2 (30) To subpoena documents and witnesses and compel
247+3 their attendance and production, to administer oaths, and
248+4 to require the production of any books, papers, or other
249+5 materials relevant to any inquiry authorized by this Act
250+6 or other law administered by the Division.
251+7 (31) To appoint examiners, supervisors, experts, and
252+8 special assistants as needed to administer this Act and
253+9 other laws administered by the Division.
254+10 (32) To assign an examiner or examiners to monitor the
255+11 affairs of a regulated person with whatever frequency the
256+12 Secretary determines appropriate and to charge the
257+13 regulated person for reasonable and necessary expenses of
258+14 the Secretary.
259+15 (33) To investigate unlicensed activity and take any
260+16 actions reasonably necessary to prohibit and stop
261+17 unlicensed activity.
262+18 (34) To perform any other lawful acts necessary or
263+19 desirable to carry out the purposes and provisions of this
264+20 Act and other laws administered by the Division.
265+21 Whenever the Division is authorized or required by law to
266+22 consider some aspect of criminal history record information
267+23 for the purpose of carrying out its statutory powers and
268+24 responsibilities, then, upon request and payment of fees in
269+25 conformance with the requirements of Section 2605-400 of the
270+26 Illinois State Police Law, the Illinois State Police is
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244-1 purposes and provisions of this Act Law.
245-2 (Source: Laws 1957, p. 369.)
246-3 (20 ILCS 1205/15) (from Ch. 17, par. 116)
247-4 Sec. 15. Pending actions and proceedings. This Act shall
248-5 not affect any act done, ratified or confirmed or any right
249-6 accrued or established, or affect or abate any action or
250-7 proceeding had or commenced in a civil or criminal cause
251-8 before this Act takes effect; but such actions or proceedings
252-9 may be prosecuted and continued by the Division Department of
253-10 Financial Institutions.
254-11 (Source: Laws 1957, p. 369.)
255-12 (20 ILCS 1205/16) (from Ch. 17, par. 117)
256-13 Sec. 16. Director and supervisors. The Governor shall, by
257-14 and with the advice and consent of the Senate, appoint a
258-15 Director of the Division, who shall oversee the Division and
259-16 who shall report to the Secretary. There shall be a Supervisor
260-17 of Consumer Credit, a Supervisor of Currency Exchanges, a
261-18 Supervisor of Title Insurance, and a Supervisor of Credit
262-19 Unions. The respective supervisors Supervisors shall be
263-20 appointed by and responsible to the Director and shall be
264-21 administratively responsible within the Department for the
265-22 financial institutions and title insurance entities to which
266-23 their appointments pertain. The Secretary may appoint other
267-24 supervisory staff as deemed necessary to implement Acts the
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281+1 authorized to furnish, pursuant to positive identification,
282+2 the information contained in State files that is necessary to
283+3 fulfill the request.
284+4 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
285+5 102-975, eff. 1-1-23; 103-154, eff. 6-30-23.)
286+6 (20 ILCS 1205/6a) (from Ch. 17, par. 107)
287+7 Sec. 6a. Rulemaking authority.
288+8 (a) In addition to such powers and rulemaking authority as
289+9 may be prescribed elsewhere in this Act or other laws
290+10 administered by the Division, the Secretary may adopt rules
291+11 consistent with the purposes of this Act applicable to
292+12 regulated persons, including, but not limited to:
293+13 (1) rules in connection with the activities of
294+14 regulated person as may be necessary and appropriate for
295+15 the protection of consumers in this State;
296+16 (2) rules to define the terms used in this Act and as
297+17 may be necessary and appropriate to interpret and
298+18 implement the provisions of this Act and any other law
299+19 administered by the Division;
300+20 (3) rules as may be necessary for the implementation,
301+21 administration, and enforcement of this Act and any other
302+22 law administered by the Division;
303+23 (4) rules relating to prohibiting disclosure of
304+24 confidential supervisory information; and
305+25 (5) rules as may be necessary to increase competition
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278-1 Division administers.
279-2 (Source: P.A. 99-549, eff. 7-15-16.)
280-3 (20 ILCS 1205/17) (from Ch. 17, par. 118)
281-4 Sec. 17. Prohibited interests. Neither the Secretary, the
282-5 Director, nor any supervisor in the Division, nor any examiner
283-6 in the Division shall be an officer, director, owner, or
284-7 shareholder of, or a partner in, or have any proprietary
285-8 interest, direct or indirect, in any financial institution
286-9 under the jurisdiction of the Division. However, ; provided,
287-10 however, that ownership of withdrawable capital accounts or
288-11 shares in credit unions and ownership of diversified
289-12 investment funds, employee benefit plans, pensions, retirement
290-13 and thrift saving plans, or similar financial instruments in
291-14 which the employee has no ability to exercise control over or
292-15 selection of the financial interests held by the fund are
293-16 permitted shall not be deemed to be prevented hereby. If the
294-17 Secretary, Director, or any supervisor, or examiner within the
295-18 Division is a , shall be a shareholder, or partner in, or an
296-19 owner of or has have any interest, direct or indirect, in any
297-20 such financial institution under the jurisdiction of the
298-21 Division at the time of his appointment, that person he shall
299-22 dispose of the his shares of stock or other evidences of
300-23 ownership or property within 120 days from the date of his
301-24 appointment. It is unlawful for the Secretary, Director, or
302-25 any supervisor or examiner within the Division to obtain or
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316+1 and price transparency.
317+2 (b) The Secretary is hereby authorized and empowered to
318+3 make specific rulings, demands, and findings that the
319+4 Secretary deems necessary for the proper conduct of regulated
320+5 persons.
321+6 The Director may, in accordance with The Illinois
322+7 Administrative Procedure Act, adopt reasonable rules with
323+8 respect to the administration and enforcement of any Act the
324+9 administration of which is vested in the Director or the
325+10 Department.
326+11 (Source: P.A. 81-205.)
327+12 (20 ILCS 1205/7) (from Ch. 17, par. 108)
328+13 Sec. 7. Illinois Administrative Procedure Act. The
329+14 provisions of the "The Illinois Administrative Procedure Act",
330+15 as now or hereafter amended, are hereby expressly adopted and
331+16 incorporated herein as though a part of this Act, and shall
332+17 apply to all administrative rules and procedures of the
333+18 Division Director and the Department of Financial Institutions
334+19 under this Act. , except that the provisions of the
335+20 Administrative Procedure Act regarding contested cases shall
336+21 not apply to actions of the Director under Section 15.1 of "An
337+22 Act in relation to the definition, licensing and regulation of
338+23 community currency exchanges and ambulatory currency
339+24 exchanges, and the operators and employees thereof, and to
340+25 make an appropriation therefor, and to provide penalties and
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313-1 repay any loan, product, or service from a financial
314-2 institution subject to the jurisdiction of the Division on
315-3 terms more favorable than those offered to the general public.
316-4 The Secretary is authorized to adopt rules to implement or
317-5 interpret this Section. It is unlawful for the Director, any
318-6 supervisor or examiner to obtain any loan or gratuity from a
319-7 financial institution subject to the jurisdiction of the
320-8 Department as herein provided. If any other employee of the
321-9 Department borrows from or becomes indebted in an aggregate
322-10 amount of $2,500 or more to any financial institution subject
323-11 to the jurisdiction of the Department, he shall make a written
324-12 report to the Director stating the date and amount of such loan
325-13 or indebtedness, the security therefor, if any, and the
326-14 purpose or purposes for which proceeds have been or are to be
327-15 used.
328-16 (Source: P.A. 91-357, eff. 7-29-99.)
329-17 (20 ILCS 1205/18) (from Ch. 17, par. 119)
330-18 Sec. 18. Oaths; subpoenas; penalty.
331-19 (a) At any time during the course of any investigation or
332-20 hearing conducted pursuant to any Act administered by the
333-21 Division, the Secretary The Director shall have the power to
334-22 administer oaths, subpoena witnesses, take evidence, and
335-23 compel the production of any books, records, or any other
336-24 documents that the Secretary deems relevant or and papers
337-25 pertinent to any investigation or hearing regarding the
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351+1 remedies for the violation thereof", approved June 30, 1943,
352+2 as amended, or Sections 8 and 61 of "The Illinois Credit Union
353+3 Act".
354+4 (Source: P.A. 100-22, eff. 1-1-18.)
355+5 (20 ILCS 1205/8) (from Ch. 17, par. 109)
356+6 Sec. 8. Duties of the Secretary. The Secretary Director
357+7 shall direct and supervise all Department administrative and
358+8 technical activities, in addition to the duties imposed upon
359+9 the Secretary him elsewhere in this Act Code, and shall:
360+10 (1) Apply and carry out this Act Code and the laws and all
361+11 rules adopted in pursuance thereof.
362+12 (2) Appoint, subject to the provisions of the Personnel
363+13 Code, such employees of the Division Department and such
364+14 experts and special assistants as may be necessary to carry
365+15 out effectively the provisions of this Act Code.
366+16 (3) Foster and develop programs with financial
367+17 institutions, for the best interests of these institutions,
368+18 their services, and the People people of the State of
369+19 Illinois.
370+20 (4) Attend meetings of the Advisory Boards created by laws
371+21 relating to financial institutions.
372+22 (5) Make continuous studies and report his recommendations
373+23 to the Governor for the improvement of the Department.
374+24 (6) Make an annual report regarding the work of the
375+25 Department and such special reports as he may consider
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348-1 operation of any financial institution. Witnesses in
349-2 investigations or hearings conducted under this Section are
350-3 entitled to the same fees and mileage, and in the same manner,
351-4 as prescribed by law in judicial proceedings in civil cases of
352-5 this State.
353-6 (b) Any person who fails to appear in response to a
354-7 subpoena, or to answer any question, to or produce any books,
355-8 and papers, records, or any documents deemed relevant or
356-9 pertinent to such investigation or hearing, or who knowingly
357-10 gives false testimony therein, is guilty of a Class A
358-11 misdemeanor. Each violation shall constitute a separate and
359-12 distinct offense. In addition to initiating criminal
360-13 proceedings through referral, the Division, through the
361-14 Attorney General, may seek enforcement of any such subpoena in
362-15 any circuit court of this State.
363-16 (Source: P.A. 77-2594.)
364-17 (20 ILCS 1205/18.2 new)
365-18 Sec. 18.2. Court order requiring attendance of witnesses
366-19 or production of materials. Upon application by the Division,
367-20 any Illinois circuit court may enter an order to enforce a
368-21 subpoena issued by the Division for the attendance of
369-22 witnesses and the production of relevant books and papers or
370-23 other documents deemed relevant or pertinent before the
371-24 Division in any hearing relative to the denial of an
372-25 application, refusal to renew, suspension, revocation, placing
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386+1 desirable to the Governor, or as the Governor may request.
387+2 (5) (7) Perform any other lawful acts that the Secretary
388+3 which he may consider necessary or desirable to carry out the
389+4 purposes and provisions of this Act Law.
390+5 (Source: Laws 1957, p. 369.)
391+6 (20 ILCS 1205/15) (from Ch. 17, par. 116)
392+7 Sec. 15. Pending actions and proceedings. This Act shall
393+8 not affect any act done, ratified or confirmed or any right
394+9 accrued or established, or affect or abate any action or
395+10 proceeding had or commenced in a civil or criminal cause
396+11 before this Act takes effect; but such actions or proceedings
397+12 may be prosecuted and continued by the Division Department of
398+13 Financial Institutions.
399+14 (Source: Laws 1957, p. 369.)
400+15 (20 ILCS 1205/16) (from Ch. 17, par. 117)
401+16 Sec. 16. Director and supervisors. The Governor shall
402+17 appoint a Director of the Division, who shall oversee the
403+18 Division and who shall report to the Secretary. There shall be
404+19 a Supervisor of Consumer Credit, a Supervisor of Currency
405+20 Exchanges, a Supervisor of Title Insurance, and a Supervisor
406+21 of Credit Unions. The respective supervisors Supervisors shall
407+22 be appointed by and responsible to the Director and shall be
408+23 administratively responsible within the Department for the
409+24 financial institutions and title insurance entities to which
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383-1 on probationary status, reprimand, fine, or the taking of any
384-2 other disciplinary action as may be authorized in any Act
385-3 administered by the Division. The court may compel obedience
386-4 to its order through proceedings for contempt.
387-5 (20 ILCS 1205/18.3 new)
388-6 Sec. 18.3. Perjury; penalty. The Secretary may require any
389-7 document filed under any Act administered or rule adopted by
390-8 the Division to be verified or contain a written affirmation
391-9 that it is signed under the penalties of perjury. Any person
392-10 who knowingly signs a fraudulent document commits perjury as
393-11 defined in Section 32-2 of the Criminal Code of 2012 and shall
394-12 be guilty of a Class A misdemeanor.
395-13 (20 ILCS 1205/18.5 new)
396-14 Sec. 18.5. Consent orders and settlement agreements. The
397-15 Secretary may enter into a consent order or settlement
398-16 agreement at any time with a regulated person to resolve a
399-17 matter arising under this Act or any other Act under the
400-18 jurisdiction of the Division. A consent order or settlement
401-19 agreement need not constitute an admission by a regulated
402-20 person that this Act or a rule or order issued or adopted under
403-21 this Act or any Act under the jurisdiction of the Division has
404-22 been violated, nor need it constitute a finding by the
405-23 Secretary that the person has violated this Act or a rule or
406-24 order adopted under this Act or any Act under the jurisdiction
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420+1 their appointments pertain. The Secretary may appoint other
421+2 supervisory staff as deemed necessary to implement Acts the
422+3 Division administers.
423+4 (Source: P.A. 99-549, eff. 7-15-16.)
424+5 (20 ILCS 1205/17) (from Ch. 17, par. 118)
425+6 Sec. 17. Prohibited interests. Neither the Secretary, the
426+7 Director, nor any supervisor in the Division, nor any examiner
427+8 in the Division shall be an officer, director, owner, or
428+9 shareholder of, or a partner in, or have any proprietary
429+10 interest, direct or indirect, in any financial institution
430+11 under the jurisdiction of the Division. However, ; provided,
431+12 however, that ownership of withdrawable capital accounts or
432+13 shares in credit unions and ownership of diversified
433+14 investment funds, employee benefit plans, pensions, retirement
434+15 and thrift saving plans, or similar financial instruments in
435+16 which the employee has no ability to exercise control over or
436+17 selection of the financial interests held by the fund are
437+18 permitted shall not be deemed to be prevented hereby. If the
438+19 Secretary, Director, or any supervisor, or examiner within the
439+20 Division is a , shall be a shareholder, or partner in, or an
440+21 owner of or has have any interest, direct or indirect, in any
441+22 such financial institution under the jurisdiction of the
442+23 Division at the time of his appointment, that person he shall
443+24 dispose of the his shares of stock or other evidences of
444+25 ownership or property within 120 days from the date of his
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417-1 of the Division. Nothing in this Section shall be construed as
418-2 requiring a regulated person to enter a consent order or
419-3 settlement agreement with the Secretary.
420-4 (20 ILCS 1205/9 rep.)
421-5 (20 ILCS 1205/10 rep.)
422-6 (20 ILCS 1205/11 rep.)
423-7 (20 ILCS 1205/12 rep.)
424-8 (20 ILCS 1205/13 rep.)
425-9 (20 ILCS 1205/13.5 rep.)
426-10 (20 ILCS 1205/14 rep.)
427-11 Section 10. The Financial Institutions Code is amended by
428-12 repealing Sections 9, 10, 11, 12, 13, 13.5, and 14.
429-13 Section 15. The Currency Exchange Act is amended by
430-14 changing Section 19 as follows:
431-15 (205 ILCS 405/19) (from Ch. 17, par. 4835)
432-16 Sec. 19. The Department may make and enforce such
433-17 reasonable rules, directions, orders, decisions and findings
434-18 as the execution and enforcement of the provisions of this Act
435-19 require, and as are not inconsistent within this Act. All such
436-20 rules, directions, orders, decisions and findings shall be
437-21 filed and entered by the Secretary in an indexed permanent
438-22 book or record, or electronic record, with the effective date
439-23 thereof suitably indicated, and such book or record shall be a
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455+1 appointment. It is unlawful for the Secretary, Director, or
456+2 any supervisor or examiner within the Division to obtain or
457+3 repay any loan, product, or service from a financial
458+4 institution subject to the jurisdiction of the Division on
459+5 terms more favorable than those offered to the general public.
460+6 The Secretary is authorized to adopt rules to implement or
461+7 interpret this Section. It is unlawful for the Director, any
462+8 supervisor or examiner to obtain any loan or gratuity from a
463+9 financial institution subject to the jurisdiction of the
464+10 Department as herein provided. If any other employee of the
465+11 Department borrows from or becomes indebted in an aggregate
466+12 amount of $2,500 or more to any financial institution subject
467+13 to the jurisdiction of the Department, he shall make a written
468+14 report to the Director stating the date and amount of such loan
469+15 or indebtedness, the security therefor, if any, and the
470+16 purpose or purposes for which proceeds have been or are to be
471+17 used.
472+18 (Source: P.A. 91-357, eff. 7-29-99.)
473+19 (20 ILCS 1205/18) (from Ch. 17, par. 119)
474+20 Sec. 18. Oaths; subpoenas; penalty.
475+21 (a) At any time during the course of any investigation or
476+22 hearing conducted pursuant to any Act administered by the
477+23 Division, the Secretary The Director shall have the power to
478+24 administer oaths, subpoena witnesses, take evidence, and
479+25 compel the production of any books, records, or any other
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450-1 public document. All rules and directions, which are of a
451-2 general character, shall be made available in electronic form
452-3 to all licensees within 10 days after filing and any changes
453-4 shall be emailed to all licensees shall receive by mail notice
454-5 of any changes. Copies of all findings, orders and decisions
455-6 shall be mailed to the parties affected thereby by United
456-7 States mail within 5 days of such filing.
457-8 The Department shall adopt rules concerning classes of
458-9 violations, which may include continuing violations of this
459-10 Act, and factors in mitigation of violations.
460-11 (Source: P.A. 99-445, eff. 1-1-16.)
461-12 Section 20. The Sales Finance Agency Act is amended by
462-13 changing Section 8 as follows:
463-14 (205 ILCS 660/8) (from Ch. 17, par. 5208)
464-15 Sec. 8. The Department may deny an application for a
465-16 license, deny an application for renewal of a license, or
466-17 suspend or revoke a license on any of the grounds listed in
467-18 Sections 8.1 through 8.14 and the Financial Institutions Act.
468-19 (Source: P.A. 90-437, eff. 1-1-98.)
469-20 Section 25. The Consumer Installment Loan Act is amended
470-21 by changing Sections 9, 15 and 20.5 as follows:
471-22 (205 ILCS 670/9) (from Ch. 17, par. 5409)
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490+1 documents that the Secretary deems relevant or and papers
491+2 pertinent to any investigation or hearing regarding the
492+3 operation of any financial institution. Witnesses in
493+4 investigations or hearings conducted under this Section are
494+5 entitled to the same fees and mileage, and in the same manner,
495+6 as prescribed by law in judicial proceedings in civil cases of
496+7 this State.
497+8 (b) Any person who fails to appear in response to a
498+9 subpoena, or to answer any question, to or produce any books,
499+10 and papers, records, or any documents deemed relevant or
500+11 pertinent to such investigation or hearing, or who knowingly
501+12 gives false testimony therein, is guilty of a Class A
502+13 misdemeanor. Each violation shall constitute a separate and
503+14 distinct offense. In addition to initiating criminal
504+15 proceedings through referral, the Division, through the
505+16 Attorney General, may seek enforcement of any such subpoena in
506+17 any circuit court of this State.
507+18 (Source: P.A. 77-2594.)
508+19 (20 ILCS 1205/18.2 new)
509+20 Sec. 18.2. Court order requiring attendance of witnesses
510+21 or production of materials. Upon application by the Division,
511+22 any Illinois circuit court may enter an order to enforce a
512+23 subpoena issued by the Division for the attendance of
513+24 witnesses and the production of relevant books and papers or
514+25 other documents deemed relevant or pertinent before the
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482-1 Sec. 9. Fines, Suspension or Revocation of license.
483-2 (a) The Director may fine a licensee or any other person or
484-3 entity doing business without the required license , after 10
485-4 days notice by registered mail to the licensee at the address
486-5 set forth in the license, stating the contemplated action and
487-6 in general the grounds therefor, fine such licensee an amount
488-7 not exceeding $10,000 per violation, or revoke or suspend any
489-8 license issued hereunder if he or she finds that:
490-9 (1) The licensee has failed to comply with any
491-10 provision of this Act or any order, decision, finding,
492-11 rule, regulation or direction of the Director lawfully
493-12 made pursuant to the authority of this Act; or
494-13 (2) Any fact or condition exists which, if it had
495-14 existed at the time of the original application for the
496-15 license, clearly would have warranted the Director in
497-16 refusing to issue the license.
498-17 (a-5) All orders issued pursuant to this Act shall be
499-18 served on the licensee, person, or entity with notice of his or
500-19 her action, including a statement of the reasons for his or her
501-20 actions, either personally, or by certified mail. Service by
502-21 certified mail shall be deemed completed when the notice is
503-22 deposited in the U.S. Mail.
504-23 (b) The Director may fine, suspend, or revoke only the
505-24 particular license with respect to which grounds for the fine,
506-25 revocation or suspension occur or exist, but if the Director
507-26 shall find that grounds for revocation are of general
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525+1 Division in any hearing relative to the denial of an
526+2 application, refusal to renew, suspension, revocation, placing
527+3 on probationary status, reprimand, fine, or the taking of any
528+4 other disciplinary action as may be authorized in any Act
529+5 administered by the Division. The court may compel obedience
530+6 to its order through proceedings for contempt.
531+7 (20 ILCS 1205/18.3 new)
532+8 Sec. 18.3. Perjury; penalty. The Secretary may require any
533+9 document filed under any Act administered or rule adopted by
534+10 the Division to be verified or contain a written affirmation
535+11 that it is signed under the penalties of perjury. Any person
536+12 who knowingly signs a fraudulent document commits perjury as
537+13 defined in Section 32-2 of the Criminal Code of 2012 and shall
538+14 be guilty of a Class A misdemeanor.
539+15 (20 ILCS 1205/18.4 new)
540+16 Sec. 18.4. Character and fitness. To receive and maintain
541+17 any license for any Act administered by the Division, a
542+18 regulated person shall at all times have the character and
543+19 general fitness as to justify the confidence of the public and
544+20 be fit, willing, and able to carry on the proposed business in
545+21 a lawful and fair manner.
546+22 (20 ILCS 1205/18.5 new)
547+23 Sec. 18.5. Consent orders and settlement agreements. The
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518-1 application to all offices or to more than one office of the
519-2 licensee, the Director shall fine, suspend, or revoke every
520-3 license to which such grounds apply.
521-4 (c) (Blank).
522-5 (d) No revocation, suspension, or surrender of any license
523-6 shall impair or affect the obligation of any pre-existing
524-7 lawful contract between the licensee and any obligor.
525-8 (e) The Director may issue a new license to a licensee
526-9 whose license has been revoked when facts or conditions which
527-10 clearly would have warranted the Director in refusing
528-11 originally to issue the license no longer exist.
529-12 (f) (Blank).
530-13 (g) In every case in which a license is suspended or
531-14 revoked or an application for a license or renewal of a license
532-15 is denied, the Director shall serve the licensee with notice
533-16 of his or her action, including a statement of the reasons for
534-17 his or her actions, either personally, or by certified mail,
535-18 return receipt requested. Service by certified mail shall be
536-19 deemed completed when the notice is deposited in the U.S.
537-20 Mail.
538-21 (h) An order assessing a fine, an order revoking or
539-22 suspending a license or, an order denying renewal of a license
540-23 shall take effect upon service of the order unless the
541-24 licensee requests, in writing, within 10 days after the date
542-25 of service, a hearing. In the event a hearing is requested, the
543-26 order shall be stayed until a final administrative order is
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558+1 Secretary may enter into a consent order or settlement
559+2 agreement at any time with a regulated person to resolve a
560+3 matter arising under this Act or any other Act under the
561+4 jurisdiction of the Division. A consent order or settlement
562+5 agreement need not constitute an admission by a regulated
563+6 person that this Act or a rule or order issued or adopted under
564+7 this Act or any Act under the jurisdiction of the Division has
565+8 been violated, nor need it constitute a finding by the
566+9 Secretary that the person has violated this Act or a rule or
567+10 order adopted under this Act or any Act under the jurisdiction
568+11 of the Division.
569+12 (20 ILCS 1205/9 rep.)
570+13 (20 ILCS 1205/10 rep.)
571+14 (20 ILCS 1205/11 rep.)
572+15 (20 ILCS 1205/12 rep.)
573+16 (20 ILCS 1205/13 rep.)
574+17 (20 ILCS 1205/13.5 rep.)
575+18 (20 ILCS 1205/14 rep.)
576+19 Section 10. The Financial Institutions Code is amended by
577+20 repealing Sections 9, 10, 11, 12, 13, 13.5, and 14.
578+21 Section 15. The Currency Exchange Act is amended by
579+22 changing Section 19 as follows:
580+23 (205 ILCS 405/19) (from Ch. 17, par. 4835)
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554-1 entered.
555-2 (i) If the licensee requests a hearing, the Director shall
556-3 schedule a preliminary hearing within 30 days after the
557-4 request for a hearing unless otherwise agreed to by the
558-5 parties.
559-6 (j) The hearing shall be held at the time and place
560-7 designated by the Director. The Director and any
561-8 administrative law judge designated by him or her shall have
562-9 the power to administer oaths and affirmations, subpoena
563-10 witnesses and compel their attendance, take evidence, and
564-11 require the production of books, papers, correspondence, and
565-12 other records or information that he or she considers relevant
566-13 or material to the inquiry.
567-14 (k) The costs for the administrative hearing shall be set
568-15 by rule.
569-16 (l) The Director shall have the authority to prescribe
570-17 rules for the administration of this Section.
571-18 (m) The Department shall establish by rule and publish a
572-19 schedule of fines that are reasonably tailored to ensure
573-20 compliance with the provisions of this Act and which include
574-21 remedial measures intended to improve licensee compliance.
575-22 Such rules shall set forth the standards and procedures to be
576-23 used in imposing any such fines and remedies.
577-24 (Source: P.A. 98-209, eff. 1-1-14.)
578-25 (205 ILCS 670/15) (from Ch. 17, par. 5415)
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591+1 Sec. 19. The Department may make and enforce such
592+2 reasonable rules, directions, orders, decisions and findings
593+3 as the execution and enforcement of the provisions of this Act
594+4 require, and as are not inconsistent within this Act. All such
595+5 rules, directions, orders, decisions and findings shall be
596+6 filed and entered by the Secretary in an indexed permanent
597+7 book or record, or electronic record, with the effective date
598+8 thereof suitably indicated, and such book or record shall be a
599+9 public document. All rules and directions, which are of a
600+10 general character, shall be made available in electronic form
601+11 to all licensees within 10 days after filing and any changes
602+12 shall be emailed to all licensees shall receive by mail notice
603+13 of any changes. Copies of all findings, orders and decisions
604+14 shall be mailed to the parties affected thereby by United
605+15 States mail within 5 days of such filing.
606+16 The Department shall adopt rules concerning classes of
607+17 violations, which may include continuing violations of this
608+18 Act, and factors in mitigation of violations.
609+19 (Source: P.A. 99-445, eff. 1-1-16.)
610+20 Section 20. The Sales Finance Agency Act is amended by
611+21 changing Section 8 as follows:
612+22 (205 ILCS 660/8) (from Ch. 17, par. 5208)
613+23 Sec. 8. The Department may deny an application for a
614+24 license, deny an application for renewal of a license, or
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589-1 Sec. 15. Charges permitted.
590-2 (a) Every licensee may lend a principal amount not
591-3 exceeding $40,000 and may charge, contract for and receive
592-4 thereon interest at an annual percentage rate of no more than
593-5 36%, subject to the provisions of this Act. For purposes of
594-6 this Section, the annual percentage rate shall be calculated
595-7 as such rate is calculated using the system for calculating a
596-8 military annual percentage rate under Section 232.4 of Title
597-9 32 of the Code of Federal Regulations as in effect on the
598-10 effective date of this amendatory Act of the 101st General
599-11 Assembly.
600-12 (b) For purpose of this Section, the following terms shall
601-13 have the meanings ascribed herein.
602-14 "Applicable interest" for a precomputed loan contract
603-15 means the amount of interest attributable to each monthly
604-16 installment period. It is computed as if each installment
605-17 period were one month and any interest charged for extending
606-18 the first installment period beyond one month is ignored. The
607-19 applicable interest for any monthly installment period is that
608-20 portion of the precomputed interest that bears the same ratio
609-21 to the total precomputed interest as the balances scheduled to
610-22 be outstanding during that month bear to the sum of all
611-23 scheduled monthly outstanding balances in the original
612-24 contract.
613-25 "Interest-bearing loan" means a loan in which the debt is
614-26 expressed as a principal amount plus interest charged on
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624+ HB5538 - 18 - LRB103 37882 RTM 68013 b
625+1 suspend or revoke a license on any of the grounds listed in
626+2 Sections 8.1 through 8.14 and the Financial Institutions Act.
627+3 (Source: P.A. 90-437, eff. 1-1-98.)
628+4 Section 25. The Consumer Installment Loan Act is amended
629+5 by changing Sections 9, 15 and 20.5 as follows:
630+6 (205 ILCS 670/9) (from Ch. 17, par. 5409)
631+7 Sec. 9. Fines, Suspension or Revocation of license.
632+8 (a) The Director may fine a licensee or any other person or
633+9 entity doing business without the required license , after 10
634+10 days notice by registered mail to the licensee at the address
635+11 set forth in the license, stating the contemplated action and
636+12 in general the grounds therefor, fine such licensee an amount
637+13 not exceeding $10,000 per violation, or revoke or suspend any
638+14 license issued hereunder if he or she finds that:
639+15 (1) The licensee has failed to comply with any
640+16 provision of this Act or any order, decision, finding,
641+17 rule, regulation or direction of the Director lawfully
642+18 made pursuant to the authority of this Act; or
643+19 (2) Any fact or condition exists which, if it had
644+20 existed at the time of the original application for the
645+21 license, clearly would have warranted the Director in
646+22 refusing to issue the license.
647+23 (a-5) All orders issued pursuant to this Act shall be
648+24 served on the licensee, person, or entity with notice of his or
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625-1 actual unpaid principal balances for the time actually
626-2 outstanding.
627-3 "Precomputed loan" means a loan in which the debt is
628-4 expressed as the sum of the original principal amount plus
629-5 interest computed actuarially in advance, assuming all
630-6 payments will be made when scheduled.
631-7 "Substantially equal installment" includes a last
632-8 regularly scheduled payment that may be less than, but not
633-9 more than 5% larger than, the previous scheduled payment
634-10 according to a disclosed payment schedule agreed to by the
635-11 parties.
636-12 (c) Loans may be interest-bearing or precomputed.
637-13 (d) To compute time for either interest-bearing or
638-14 precomputed loans for the calculation of interest and other
639-15 purposes, a month shall be a calendar month and a day shall be
640-16 considered 1/30th of a month when calculation is made for a
641-17 fraction of a month. A month shall be 1/12th of a year. A
642-18 calendar month is that period from a given date in one month to
643-19 the same numbered date in the following month, and if there is
644-20 no same numbered date, to the last day of the following month.
645-21 When a period of time includes a month and a fraction of a
646-22 month, the fraction of the month is considered to follow the
647-23 whole month. In the alternative, for interest-bearing loans,
648-24 the licensee may charge interest at the rate of 1/365th of the
649-25 agreed annual rate for each day actually elapsed.
650-26 (d-5) No licensee or other person may condition an
657+HB5538- 19 -LRB103 37882 RTM 68013 b HB5538 - 19 - LRB103 37882 RTM 68013 b
658+ HB5538 - 19 - LRB103 37882 RTM 68013 b
659+1 her action, including a statement of the reasons for his or her
660+2 actions, either personally, or by certified mail. Service by
661+3 certified mail shall be deemed completed when the notice is
662+4 deposited in the U.S. Mail.
663+5 (b) The Director may fine, suspend, or revoke only the
664+6 particular license with respect to which grounds for the fine,
665+7 revocation or suspension occur or exist, but if the Director
666+8 shall find that grounds for revocation are of general
667+9 application to all offices or to more than one office of the
668+10 licensee, the Director shall fine, suspend, or revoke every
669+11 license to which such grounds apply.
670+12 (c) (Blank).
671+13 (d) No revocation, suspension, or surrender of any license
672+14 shall impair or affect the obligation of any pre-existing
673+15 lawful contract between the licensee and any obligor.
674+16 (e) The Director may issue a new license to a licensee
675+17 whose license has been revoked when facts or conditions which
676+18 clearly would have warranted the Director in refusing
677+19 originally to issue the license no longer exist.
678+20 (f) (Blank).
679+21 (g) In every case in which a license is suspended or
680+22 revoked or an application for a license or renewal of a license
681+23 is denied, the Director shall serve the licensee with notice
682+24 of his or her action, including a statement of the reasons for
683+25 his or her actions, either personally, or by certified mail,
684+26 return receipt requested. Service by certified mail shall be
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661-1 extension of credit to a consumer on the consumer's repayment
662-2 by preauthorized electronic fund transfers. Payment options,
663-3 including, but not limited to, electronic fund transfers and
664-4 Automatic Clearing House (ACH) transactions may be offered to
665-5 consumers as a choice and method of payment chosen by the
666-6 consumer.
667-7 (e) With respect to interest-bearing loans:
668-8 (1) Interest shall be computed on unpaid principal
669-9 balances outstanding from time to time, for the time
670-10 outstanding, until fully paid. Each payment shall be
671-11 applied first to the accumulated interest and the
672-12 remainder of the payment applied to the unpaid principal
673-13 balance; provided however, that if the amount of the
674-14 payment is insufficient to pay the accumulated interest,
675-15 the unpaid interest continues to accumulate to be paid
676-16 from the proceeds of subsequent payments and is not added
677-17 to the principal balance.
678-18 (2) Interest shall not be payable in advance or
679-19 compounded. However, if part or all of the consideration
680-20 for a new loan contract is the unpaid principal balance of
681-21 a prior loan, then the principal amount payable under the
682-22 new loan contract may include any unpaid interest which
683-23 has accrued. The unpaid principal balance of a precomputed
684-24 loan is the balance due after refund or credit of unearned
685-25 interest as provided in paragraph (f), clause (3). The
686-26 resulting loan contract shall be deemed a new and separate
693+HB5538- 20 -LRB103 37882 RTM 68013 b HB5538 - 20 - LRB103 37882 RTM 68013 b
694+ HB5538 - 20 - LRB103 37882 RTM 68013 b
695+1 deemed completed when the notice is deposited in the U.S.
696+2 Mail.
697+3 (h) An order assessing a fine, an order revoking or
698+4 suspending a license or, an order denying renewal of a license
699+5 shall take effect upon service of the order unless the
700+6 licensee requests, in writing, within 10 days after the date
701+7 of service, a hearing. In the event a hearing is requested, the
702+8 order shall be stayed until a final administrative order is
703+9 entered.
704+10 (i) If the licensee requests a hearing, the Director shall
705+11 schedule a preliminary hearing within 30 days after the
706+12 request for a hearing unless otherwise agreed to by the
707+13 parties.
708+14 (j) The hearing shall be held at the time and place
709+15 designated by the Director. The Director and any
710+16 administrative law judge designated by him or her shall have
711+17 the power to administer oaths and affirmations, subpoena
712+18 witnesses and compel their attendance, take evidence, and
713+19 require the production of books, papers, correspondence, and
714+20 other records or information that he or she considers relevant
715+21 or material to the inquiry.
716+22 (k) The costs for the administrative hearing shall be set
717+23 by rule.
718+24 (l) The Director shall have the authority to prescribe
719+25 rules for the administration of this Section.
720+26 (m) The Department shall establish by rule and publish a
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697-1 loan transaction for all purposes.
698-2 (3) Loans must be fully amortizing and be repayable in
699-3 substantially equal and consecutive weekly, biweekly,
700-4 semimonthly, or monthly installments. Notwithstanding this
701-5 requirement, rates may vary according to an index that is
702-6 independently verifiable and beyond the control of the
703-7 licensee.
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730+ HB5538 - 21 - LRB103 37882 RTM 68013 b
731+1 schedule of fines that are reasonably tailored to ensure
732+2 compliance with the provisions of this Act and which include
733+3 remedial measures intended to improve licensee compliance.
734+4 Such rules shall set forth the standards and procedures to be
735+5 used in imposing any such fines and remedies.
736+6 (Source: P.A. 98-209, eff. 1-1-14.)
737+7 (205 ILCS 670/15) (from Ch. 17, par. 5415)
738+8 Sec. 15. Charges permitted.
739+9 (a) Every licensee may lend a principal amount not
740+10 exceeding $40,000 and may charge, contract for and receive
741+11 thereon charges interest at an annual percentage rate of no
742+12 more than 36%, subject to the provisions of this Act. For
743+13 purposes of this Section, the annual percentage rate shall be
744+14 calculated as such rate is calculated using the system for
745+15 calculating a military annual percentage rate under Section
746+16 232.4 of Title 32 of the Code of Federal Regulations as in
747+17 effect on the effective date of this amendatory Act of the
748+18 101st General Assembly.
749+19 (b) For purpose of this Section, the following terms shall
750+20 have the meanings ascribed herein.
751+21 "Applicable interest" for a precomputed loan contract
752+22 means the amount of interest attributable to each monthly
753+23 installment period. It is computed as if each installment
754+24 period were one month and any interest charged for extending
755+25 the first installment period beyond one month is ignored. The
756+
757+
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762+
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765+ HB5538 - 22 - LRB103 37882 RTM 68013 b
766+1 applicable interest for any monthly installment period is that
767+2 portion of the precomputed interest that bears the same ratio
768+3 to the total precomputed interest as the balances scheduled to
769+4 be outstanding during that month bear to the sum of all
770+5 scheduled monthly outstanding balances in the original
771+6 contract.
772+7 "Interest-bearing loan" means a loan in which the debt is
773+8 expressed as a principal amount plus interest charged on
774+9 actual unpaid principal balances for the time actually
775+10 outstanding.
776+11 "Precomputed loan" means a loan in which the debt is
777+12 expressed as the sum of the original principal amount plus
778+13 interest computed actuarially in advance, assuming all
779+14 payments will be made when scheduled.
780+15 "Substantially equal installment" includes a last
781+16 regularly scheduled payment that may be less than, but not
782+17 more than 5% larger than, the previous scheduled payment
783+18 according to a disclosed payment schedule agreed to by the
784+19 parties.
785+20 (c) Loans may be interest-bearing or precomputed.
786+21 (d) To compute time for either interest-bearing or
787+22 precomputed loans for the calculation of interest and other
788+23 purposes, a month shall be a calendar month and a day shall be
789+24 considered 1/30th of a month when calculation is made for a
790+25 fraction of a month. A month shall be 1/12th of a year. A
791+26 calendar month is that period from a given date in one month to
792+
793+
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795+
796+
797+ HB5538 - 22 - LRB103 37882 RTM 68013 b
798+
799+
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801+ HB5538 - 23 - LRB103 37882 RTM 68013 b
802+1 the same numbered date in the following month, and if there is
803+2 no same numbered date, to the last day of the following month.
804+3 When a period of time includes a month and a fraction of a
805+4 month, the fraction of the month is considered to follow the
806+5 whole month. In the alternative, for interest-bearing loans,
807+6 the licensee may charge interest at the rate of 1/365th of the
808+7 agreed annual rate for each day actually elapsed.
809+8 (d-5) No licensee or other person may condition an
810+9 extension of credit to a consumer on the consumer's repayment
811+10 by preauthorized electronic fund transfers. Payment options,
812+11 including, but not limited to, electronic fund transfers and
813+12 Automatic Clearing House (ACH) transactions may be offered to
814+13 consumers as a choice and method of payment chosen by the
815+14 consumer.
816+15 (e) With respect to interest-bearing loans:
817+16 (1) Interest shall be computed on unpaid principal
818+17 balances outstanding from time to time, for the time
819+18 outstanding, until fully paid. Each payment shall be
820+19 applied first to the accumulated interest and the
821+20 remainder of the payment applied to the unpaid principal
822+21 balance; provided however, that if the amount of the
823+22 payment is insufficient to pay the accumulated interest,
824+23 the unpaid interest continues to accumulate to be paid
825+24 from the proceeds of subsequent payments and is not added
826+25 to the principal balance.
827+26 (2) Interest shall not be payable in advance or
828+
829+
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834+
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838+1 compounded. However, if part or all of the consideration
839+2 for a new loan contract is the unpaid principal balance of
840+3 a prior loan, then the principal amount payable under the
841+4 new loan contract may include any unpaid interest which
842+5 has accrued. The unpaid principal balance of a precomputed
843+6 loan is the balance due after refund or credit of unearned
844+7 interest as provided in paragraph (f), clause (3). The
845+8 resulting loan contract shall be deemed a new and separate
846+9 loan transaction for all purposes.
847+10 (3) Loans must be fully amortizing and be repayable in
848+11 substantially equal and consecutive weekly, biweekly,
849+12 semimonthly, or monthly installments. Notwithstanding this
850+13 requirement, rates may vary according to an index that is
851+14 independently verifiable and beyond the control of the
852+15 licensee.
853+16 (4) The lender or creditor may, if the contract
854+17 provides, collect a delinquency or collection charge on
855+18 each installment in default for a period of not less than
856+19 10 days in an amount not exceeding 5% of the installment on
857+20 installments in excess of $200, or $10 on installments of
858+21 $200 or less, but only one delinquency and collection
859+22 charge may be collected on any installment regardless of
860+23 the period during which it remains in default.
861+24 (f) With respect to precomputed loans:
862+25 (1) Loans shall be repayable in substantially equal
863+26 and consecutive weekly, biweekly, semimonthly, or monthly
864+
865+
866+
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870+
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873+ HB5538 - 25 - LRB103 37882 RTM 68013 b
874+1 installments of principal and interest combined, except
875+2 that the first installment period may be longer than one
876+3 month by not more than 15 days, and the first installment
877+4 payment amount may be larger than the remaining payments
878+5 by the amount of interest charged for the extra days; and
879+6 provided further that monthly installment payment dates
880+7 may be omitted to accommodate borrowers with seasonal
881+8 income.
882+9 (2) Payments may be applied to the combined total of
883+10 principal and precomputed interest until the loan is fully
884+11 paid. Payments shall be applied in the order in which they
885+12 become due, except that any insurance proceeds received as
886+13 a result of any claim made on any insurance, unless
887+14 sufficient to prepay the contract in full, may be applied
888+15 to the unpaid installments of the total of payments in
889+16 inverse order.
890+17 (3) When any loan contract is paid in full by cash,
891+18 renewal or refinancing, or a new loan, one month or more
892+19 before the final installment due date, a licensee shall
893+20 refund or credit the obligor with the total of the
894+21 applicable interest for all fully unexpired installment
895+22 periods, as originally scheduled or as deferred, which
896+23 follow the day of prepayment; provided, if the prepayment
897+24 occurs prior to the first installment due date, the
898+25 licensee may retain 1/30 of the applicable interest for a
899+26 first installment period of one month for each day from
900+
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910+1 the date of the loan to the date of prepayment, and shall
911+2 refund or credit the obligor with the balance of the total
912+3 interest contracted for. If the maturity of the loan is
913+4 accelerated for any reason and judgment is entered, the
914+5 licensee shall credit the borrower with the same refund as
915+6 if prepayment in full had been made on the date the
916+7 judgment judgement is entered.
704917 8 (4) The lender or creditor may, if the contract
705918 9 provides, collect a delinquency or collection charge on
706919 10 each installment in default for a period of not less than
707920 11 10 days in an amount not exceeding 5% of the installment on
708921 12 installments in excess of $200, or $10 on installments of
709-13 $200 or less, but only one delinquency and collection
922+13 $200 or less, but only one delinquency or collection
710923 14 charge may be collected on any installment regardless of
711924 15 the period during which it remains in default.
712-16 (f) With respect to precomputed loans:
713-17 (1) Loans shall be repayable in substantially equal
714-18 and consecutive weekly, biweekly, semimonthly, or monthly
715-19 installments of principal and interest combined, except
716-20 that the first installment period may be longer than one
717-21 month by not more than 15 days, and the first installment
718-22 payment amount may be larger than the remaining payments
719-23 by the amount of interest charged for the extra days; and
720-24 provided further that monthly installment payment dates
721-25 may be omitted to accommodate borrowers with seasonal
722-26 income.
925+16 (5) If the parties agree in writing, either in the
926+17 loan contract or in a subsequent agreement, to a deferment
927+18 of wholly unpaid installments, a licensee may grant a
928+19 deferment and may collect a deferment charge as provided
929+20 in this Section. A deferment postpones the scheduled due
930+21 date of the earliest unpaid installment and all subsequent
931+22 installments as originally scheduled, or as previously
932+23 deferred, for a period equal to the deferment period. The
933+24 deferment period is that period during which no
934+25 installment is scheduled to be paid by reason of the
935+26 deferment. The deferment charge for a one-month one month
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732- HB5538 Engrossed - 22 - LRB103 37882 RTM 68013 b
733-1 (2) Payments may be applied to the combined total of
734-2 principal and precomputed interest until the loan is fully
735-3 paid. Payments shall be applied in the order in which they
736-4 become due, except that any insurance proceeds received as
737-5 a result of any claim made on any insurance, unless
738-6 sufficient to prepay the contract in full, may be applied
739-7 to the unpaid installments of the total of payments in
740-8 inverse order.
741-9 (3) When any loan contract is paid in full by cash,
742-10 renewal or refinancing, or a new loan, one month or more
743-11 before the final installment due date, a licensee shall
744-12 refund or credit the obligor with the total of the
745-13 applicable interest for all fully unexpired installment
746-14 periods, as originally scheduled or as deferred, which
747-15 follow the day of prepayment; provided, if the prepayment
748-16 occurs prior to the first installment due date, the
749-17 licensee may retain 1/30 of the applicable interest for a
750-18 first installment period of one month for each day from
751-19 the date of the loan to the date of prepayment, and shall
752-20 refund or credit the obligor with the balance of the total
753-21 interest contracted for. If the maturity of the loan is
754-22 accelerated for any reason and judgment is entered, the
755-23 licensee shall credit the borrower with the same refund as
756-24 if prepayment in full had been made on the date the
757-25 judgment judgement is entered.
758-26 (4) The lender or creditor may, if the contract
944+HB5538- 27 -LRB103 37882 RTM 68013 b HB5538 - 27 - LRB103 37882 RTM 68013 b
945+ HB5538 - 27 - LRB103 37882 RTM 68013 b
946+1 period may not exceed the applicable interest for the
947+2 installment period immediately following the due date of
948+3 the last undeferred payment. A proportionate charge may be
949+4 made for deferment for periods of more or less than one
950+5 month. A deferment charge is earned pro rata during the
951+6 deferment period and is fully earned on the last day of the
952+7 deferment period. Should a loan be prepaid in full during
953+8 a deferment period, the licensee shall credit to the
954+9 obligor a refund of the unearned deferment charge in
955+10 addition to any other refund or credit made for prepayment
956+11 of the loan in full.
957+12 (6) If 2 two or more installments are delinquent one
958+13 full month or more on any due date, and if the contract so
959+14 provides, the licensee may reduce the unpaid balance by
960+15 the refund credit which would be required for prepayment
961+16 in full on the due date of the most recent maturing
962+17 installment in default. Thereafter, and in lieu of any
963+18 other default or deferment charges, the agreed rate of
964+19 interest may be charged on the unpaid balance until fully
965+20 paid.
966+21 (7) Fifteen days after the final installment as
967+22 originally scheduled or deferred, the licensee, for any
968+23 loan contract which has not previously been converted to
969+24 interest-bearing under paragraph (f), clause (6), may
970+25 compute and charge interest on any balance remaining
971+26 unpaid, including unpaid default or deferment charges, at
759972
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762975
763976
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769-1 provides, collect a delinquency or collection charge on
770-2 each installment in default for a period of not less than
771-3 10 days in an amount not exceeding 5% of the installment on
772-4 installments in excess of $200, or $10 on installments of
773-5 $200 or less, but only one delinquency or collection
774-6 charge may be collected on any installment regardless of
775-7 the period during which it remains in default.
776-8 (5) If the parties agree in writing, either in the
777-9 loan contract or in a subsequent agreement, to a deferment
778-10 of wholly unpaid installments, a licensee may grant a
779-11 deferment and may collect a deferment charge as provided
780-12 in this Section. A deferment postpones the scheduled due
781-13 date of the earliest unpaid installment and all subsequent
782-14 installments as originally scheduled, or as previously
783-15 deferred, for a period equal to the deferment period. The
784-16 deferment period is that period during which no
785-17 installment is scheduled to be paid by reason of the
786-18 deferment. The deferment charge for a one-month one month
787-19 period may not exceed the applicable interest for the
788-20 installment period immediately following the due date of
789-21 the last undeferred payment. A proportionate charge may be
790-22 made for deferment for periods of more or less than one
791-23 month. A deferment charge is earned pro rata during the
792-24 deferment period and is fully earned on the last day of the
793-25 deferment period. Should a loan be prepaid in full during
794-26 a deferment period, the licensee shall credit to the
980+HB5538- 28 -LRB103 37882 RTM 68013 b HB5538 - 28 - LRB103 37882 RTM 68013 b
981+ HB5538 - 28 - LRB103 37882 RTM 68013 b
982+1 the agreed rate of interest until fully paid. At the time
983+2 of payment of said final installment, the licensee shall
984+3 give notice to the obligor stating any amounts unpaid.
985+4 (Source: P.A. 101-563, eff. 8-23-19; 101-658, eff. 3-23-21.)
986+5 (205 ILCS 670/20.5)
987+6 Sec. 20.5. Cease and desist.
988+7 (a) The Director may issue a cease and desist order to any
989+8 licensee, or other person or entity doing business without the
990+9 required license, when in the opinion of the Director, the
991+10 licensee, or other person or entity, has violated, is
992+11 violating, or is about to violate any provision of this Act or
993+12 any rule or requirement imposed in writing by the Department
994+13 as a condition of granting any authorization permitted by this
995+14 Act.
996+15 (b) The Director may issue a cease and desist order prior
997+16 to a hearing.
998+17 (c) The Director shall serve notice of his or her action,
999+18 designated as a cease and desist order made pursuant to this
1000+19 Section, including a statement of the reasons for the action,
1001+20 either personally or by certified mail, return receipt
1002+21 requested. Service by certified mail shall be deemed completed
1003+22 when the notice is deposited in the U.S. mail.
1004+23 (d) Within 15 days of service of the cease and desist
1005+24 order, the licensee or other person may request, in writing, a
1006+25 hearing.
7951007
7961008
7971009
7981010
7991011
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1012+ HB5538 - 28 - LRB103 37882 RTM 68013 b
8011013
8021014
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804- HB5538 Engrossed - 24 - LRB103 37882 RTM 68013 b
805-1 obligor a refund of the unearned deferment charge in
806-2 addition to any other refund or credit made for prepayment
807-3 of the loan in full.
808-4 (6) If 2 two or more installments are delinquent one
809-5 full month or more on any due date, and if the contract so
810-6 provides, the licensee may reduce the unpaid balance by
811-7 the refund credit which would be required for prepayment
812-8 in full on the due date of the most recent maturing
813-9 installment in default. Thereafter, and in lieu of any
814-10 other default or deferment charges, the agreed rate of
815-11 interest may be charged on the unpaid balance until fully
816-12 paid.
817-13 (7) Fifteen days after the final installment as
818-14 originally scheduled or deferred, the licensee, for any
819-15 loan contract which has not previously been converted to
820-16 interest-bearing under paragraph (f), clause (6), may
821-17 compute and charge interest on any balance remaining
822-18 unpaid, including unpaid default or deferment charges, at
823-19 the agreed rate of interest until fully paid. At the time
824-20 of payment of said final installment, the licensee shall
825-21 give notice to the obligor stating any amounts unpaid.
826-22 (Source: P.A. 101-563, eff. 8-23-19; 101-658, eff. 3-23-21.)
827-23 (205 ILCS 670/20.5)
828-24 Sec. 20.5. Cease and desist.
829-25 (a) The Director may issue a cease and desist order to any
1015+HB5538- 29 -LRB103 37882 RTM 68013 b HB5538 - 29 - LRB103 37882 RTM 68013 b
1016+ HB5538 - 29 - LRB103 37882 RTM 68013 b
1017+1 (e) The Director shall schedule a preliminary hearing
1018+2 within 30 days after the request for a hearing unless
1019+3 otherwise agreed to by the parties.
1020+4 (f) The Director shall have the authority to prescribe
1021+5 rules for the administration of this Section.
1022+6 (g) If it is determined that the Director had the
1023+7 authority to issue the cease and desist order, he or she may
1024+8 issue such orders as may be reasonably necessary to correct,
1025+9 eliminate, or remedy such conduct.
1026+10 (h) The powers vested in the Director by this Section are
1027+11 additional to any and all other powers and remedies vested in
1028+12 the Director by law, and nothing in this Section shall be
1029+13 construed as requiring that the Director shall employ the
1030+14 power conferred in this Section instead of or as a condition
1031+15 precedent to the exercise of any other power or remedy vested
1032+16 in the Director.
1033+17 (i) The cost for the administrative hearing shall be set
1034+18 by rule.
1035+19 (Source: P.A. 90-437, eff. 1-1-98.)
1036+20 Section 35. The Collection Agency Act is amended by
1037+21 changing Section 13.2 as follows:
1038+22 (205 ILCS 740/13.2) (was 225 ILCS 425/13.2)
1039+23 (Section scheduled to be repealed on January 1, 2026)
1040+24 Sec. 13.2. Powers and duties of Department. The Department
8301041
8311042
8321043
8331044
8341045
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1046+ HB5538 - 29 - LRB103 37882 RTM 68013 b
8361047
8371048
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839- HB5538 Engrossed - 25 - LRB103 37882 RTM 68013 b
840-1 licensee, or other person or entity doing business without the
841-2 required license, when in the opinion of the Director, the
842-3 licensee, or other person or entity, has violated, is
843-4 violating, or is about to violate any provision of this Act or
844-5 any rule or requirement imposed in writing by the Department
845-6 as a condition of granting any authorization permitted by this
846-7 Act.
847-8 (b) The Director may issue a cease and desist order prior
848-9 to a hearing.
849-10 (c) The Director shall serve notice of his or her action,
850-11 designated as a cease and desist order made pursuant to this
851-12 Section, including a statement of the reasons for the action,
852-13 either personally or by certified mail, return receipt
853-14 requested. Service by certified mail shall be deemed completed
854-15 when the notice is deposited in the U.S. mail.
855-16 (d) Within 15 days of service of the cease and desist
856-17 order, the licensee or other person may request, in writing, a
857-18 hearing.
858-19 (e) The Director shall schedule a preliminary hearing
859-20 within 30 days after the request for a hearing unless
860-21 otherwise agreed to by the parties.
861-22 (f) The Director shall have the authority to prescribe
862-23 rules for the administration of this Section.
863-24 (g) If it is determined that the Director had the
864-25 authority to issue the cease and desist order, he or she may
865-26 issue such orders as may be reasonably necessary to correct,
1049+HB5538- 30 -LRB103 37882 RTM 68013 b HB5538 - 30 - LRB103 37882 RTM 68013 b
1050+ HB5538 - 30 - LRB103 37882 RTM 68013 b
1051+1 shall exercise the powers and duties prescribed by the
1052+2 Financial Institutions Act Code for the administration of
1053+3 licensing Acts and shall exercise such other powers and duties
1054+4 necessary for effectuating the purposes of this Act.
1055+5 Subject to the provisions of this Act, the Department may:
1056+6 (1) Conduct hearings on proceedings to refuse to issue
1057+7 or renew or to revoke licenses or suspend, place on
1058+8 probation, or reprimand persons licensed under this Act.
1059+9 (2) To adopt rules consistent with the purposes of
1060+10 this Act, including, but not limited to: (i) rules in
1061+11 connection with the activities of collection agencies as
1062+12 may be necessary and appropriate for the protection of
1063+13 consumers in this State; (ii) rules as may be necessary
1064+14 and appropriate to define and enforce against improper or
1065+15 fraudulent business practices in connection with the
1066+16 activities of collection agencies; (iii) rules that define
1067+17 the terms used in this Act and as may be necessary and
1068+18 appropriate to interpret and implement the provisions of
1069+19 this Act; and (iv) rules as may be necessary for the
1070+20 enforcement of this Act.
1071+21 (3) Obtain written recommendations from the Board
1072+22 regarding standards of professional conduct, formal
1073+23 disciplinary actions and the formulation of rules
1074+24 affecting these matters. Notice of proposed rulemaking
1075+25 shall be transmitted to the Board and the Department shall
1076+26 review the response of the Board and any recommendations
8661077
8671078
8681079
8691080
8701081
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8721083
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876-1 eliminate, or remedy such conduct.
877-2 (h) The powers vested in the Director by this Section are
878-3 additional to any and all other powers and remedies vested in
879-4 the Director by law, and nothing in this Section shall be
880-5 construed as requiring that the Director shall employ the
881-6 power conferred in this Section instead of or as a condition
882-7 precedent to the exercise of any other power or remedy vested
883-8 in the Director.
884-9 (i) The cost for the administrative hearing shall be set
885-10 by rule.
886-11 (Source: P.A. 90-437, eff. 1-1-98.)
887-12 Section 35. The Collection Agency Act is amended by
888-13 changing Section 13.2 as follows:
889-14 (205 ILCS 740/13.2) (was 225 ILCS 425/13.2)
890-15 (Section scheduled to be repealed on January 1, 2026)
891-16 Sec. 13.2. Powers and duties of Department. The Department
892-17 shall exercise the powers and duties prescribed by the
893-18 Financial Institutions Act Code for the administration of
894-19 licensing Acts and shall exercise such other powers and duties
895-20 necessary for effectuating the purposes of this Act.
896-21 Subject to the provisions of this Act, the Department may:
897-22 (1) Conduct hearings on proceedings to refuse to issue
898-23 or renew or to revoke licenses or suspend, place on
899-24 probation, or reprimand persons licensed under this Act.
1085+HB5538- 31 -LRB103 37882 RTM 68013 b HB5538 - 31 - LRB103 37882 RTM 68013 b
1086+ HB5538 - 31 - LRB103 37882 RTM 68013 b
1087+1 made in the response. The Department may solicit the
1088+2 advice of the Board on any matter relating to the
1089+3 administration and enforcement of this Act.
1090+4 (4) (Blank).
1091+5 (Source: P.A. 102-975, eff. 1-1-23.)
1092+6 Section 40. The Payday Loan Reform Act is amended by
1093+7 changing Section 4-10 as follows:
1094+8 (815 ILCS 122/4-10)
1095+9 Sec. 4-10. Enforcement and remedies.
1096+10 (a) The remedies provided in this Act are cumulative and
1097+11 apply to persons or entities subject to this Act.
1098+12 (b) Any material violation of this Act, including the
1099+13 commission of an act prohibited under Section 4-5, constitutes
1100+14 a violation of the Consumer Fraud and Deceptive Business
1101+15 Practices Act.
1102+16 (c) If any provision of the written agreement described in
1103+17 subsection (b) of Section 2-20 violates this Act, then that
1104+18 provision is unenforceable against the consumer.
1105+19 (d) Subject to the Illinois Administrative Procedure Act,
1106+20 the Secretary may hold hearings, make findings of fact,
1107+21 conclusions of law, issue cease and desist orders, have the
1108+22 power to issue fines of up to $10,000 per violation, refer the
1109+23 matter to the appropriate law enforcement agency for
1110+24 prosecution under this Act, and suspend or revoke a license
9001111
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9061117
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910-1 (2) To adopt rules consistent with the purposes of
911-2 this Act, including, but not limited to: (i) rules in
912-3 connection with the activities of collection agencies as
913-4 may be necessary and appropriate for the protection of
914-5 consumers in this State; (ii) rules as may be necessary
915-6 and appropriate to define and enforce against improper or
916-7 fraudulent business practices in connection with the
917-8 activities of collection agencies; (iii) rules that define
918-9 the terms used in this Act and as may be necessary and
919-10 appropriate to interpret and implement the provisions of
920-11 this Act; and (iv) rules as may be necessary for the
921-12 enforcement of this Act.
922-13 (3) Obtain written recommendations from the Board
923-14 regarding standards of professional conduct, formal
924-15 disciplinary actions and the formulation of rules
925-16 affecting these matters. Notice of proposed rulemaking
926-17 shall be transmitted to the Board and the Department shall
927-18 review the response of the Board and any recommendations
928-19 made in the response. The Department may solicit the
929-20 advice of the Board on any matter relating to the
930-21 administration and enforcement of this Act.
931-22 (4) (Blank).
932-23 (Source: P.A. 102-975, eff. 1-1-23.)
933-24 Section 40. The Payday Loan Reform Act is amended by
934-25 changing Section 4-10 as follows:
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1120+ HB5538 - 32 - LRB103 37882 RTM 68013 b
1121+1 granted under this Act. All proceedings shall be open to the
1122+2 public.
1123+3 (e) The Secretary may issue a cease and desist order to any
1124+4 licensee or other person or entity doing business without the
1125+5 required license, when in the opinion of the Secretary the
1126+6 licensee or other person or entity has violated, is violating,
1127+7 or is about to violate any provision of this Act or any rule or
1128+8 requirement imposed in writing by the Department as a
1129+9 condition of granting any authorization permitted by this Act.
1130+10 The cease and desist order permitted by this subsection (e)
1131+11 may be issued prior to a hearing.
1132+12 The Secretary shall serve notice of his or her action,
1133+13 including, but not limited to, a statement of the reasons for
1134+14 the action, either personally or by certified mail, return
1135+15 receipt requested. Service by certified mail shall be deemed
1136+16 completed when the notice is deposited in the U.S. Mail.
1137+17 Within 10 days of service of the cease and desist order,
1138+18 the licensee or other person may request a hearing in writing.
1139+19 The Secretary shall schedule a hearing within 30 days after
1140+20 the request for a hearing unless otherwise agreed to by the
1141+21 parties.
1142+22 If it is determined that the Secretary had the authority
1143+23 to issue the cease and desist order, he or she may issue such
1144+24 orders as may be reasonably necessary to correct, eliminate,
1145+25 or remedy the conduct.
1146+26 The powers vested in the Secretary by this subsection (e)
9351147
9361148
9371149
9381150
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945-1 (815 ILCS 122/4-10)
946-2 Sec. 4-10. Enforcement and remedies.
947-3 (a) The remedies provided in this Act are cumulative and
948-4 apply to persons or entities subject to this Act.
949-5 (b) Any material violation of this Act, including the
950-6 commission of an act prohibited under Section 4-5, constitutes
951-7 a violation of the Consumer Fraud and Deceptive Business
952-8 Practices Act.
953-9 (c) If any provision of the written agreement described in
954-10 subsection (b) of Section 2-20 violates this Act, then that
955-11 provision is unenforceable against the consumer.
956-12 (d) Subject to the Illinois Administrative Procedure Act,
957-13 the Secretary may hold hearings, make findings of fact,
958-14 conclusions of law, issue cease and desist orders, have the
959-15 power to issue fines of up to $10,000 per violation, refer the
960-16 matter to the appropriate law enforcement agency for
961-17 prosecution under this Act, and suspend or revoke a license
962-18 granted under this Act. All proceedings shall be open to the
963-19 public.
964-20 (e) The Secretary may issue a cease and desist order to any
965-21 licensee or other person or entity doing business without the
966-22 required license, when in the opinion of the Secretary the
967-23 licensee or other person or entity has violated, is violating,
968-24 or is about to violate any provision of this Act or any rule or
969-25 requirement imposed in writing by the Department as a
1155+HB5538- 33 -LRB103 37882 RTM 68013 b HB5538 - 33 - LRB103 37882 RTM 68013 b
1156+ HB5538 - 33 - LRB103 37882 RTM 68013 b
1157+1 are additional to any and all other powers and remedies vested
1158+2 in the Secretary by law, and nothing in this subsection (e)
1159+3 shall be construed as requiring that the Secretary shall
1160+4 employ the power conferred in this subsection instead of or as
1161+5 a condition precedent to the exercise of any other power or
1162+6 remedy vested in the Secretary.
1163+7 (f) The Secretary may, after 10 days notice by registered
1164+8 mail to the licensee at the address set forth in the license
1165+9 stating the contemplated action and in general the grounds
1166+10 therefore, fine a the licensee or other person or entity doing
1167+11 business without the required license an amount not exceeding
1168+12 $10,000 per violation, or revoke or suspend any license issued
1169+13 hereunder if he or she finds that:
1170+14 (1) the licensee has failed to comply with any
1171+15 provision of this Act or any order, decision, finding,
1172+16 rule, regulation, or direction of the Secretary lawfully
1173+17 made pursuant to the authority of this Act; or
1174+18 (2) any fact or condition exists which, if it had
1175+19 existed at the time of the original application for the
1176+20 license, clearly would have warranted the Secretary in
1177+21 refusing to issue the license.
1178+22 The Secretary may fine, suspend, or revoke only the
1179+23 particular license with respect to which grounds for the fine,
1180+24 revocation, or suspension occur or exist, but if the Secretary
1181+25 finds that grounds for revocation are of general application
1182+26 to all offices or to more than one office of the licensee, the
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980-1 condition of granting any authorization permitted by this Act.
981-2 The cease and desist order permitted by this subsection (e)
982-3 may be issued prior to a hearing.
983-4 The Secretary shall serve notice of his or her action,
984-5 including, but not limited to, a statement of the reasons for
985-6 the action, either personally or by certified mail, return
986-7 receipt requested. Service by certified mail shall be deemed
987-8 completed when the notice is deposited in the U.S. Mail.
988-9 Within 10 days of service of the cease and desist order,
989-10 the licensee or other person may request a hearing in writing.
990-11 The Secretary shall schedule a hearing within 30 days after
991-12 the request for a hearing unless otherwise agreed to by the
992-13 parties.
993-14 If it is determined that the Secretary had the authority
994-15 to issue the cease and desist order, he or she may issue such
995-16 orders as may be reasonably necessary to correct, eliminate,
996-17 or remedy the conduct.
997-18 The powers vested in the Secretary by this subsection (e)
998-19 are additional to any and all other powers and remedies vested
999-20 in the Secretary by law, and nothing in this subsection (e)
1000-21 shall be construed as requiring that the Secretary shall
1001-22 employ the power conferred in this subsection instead of or as
1002-23 a condition precedent to the exercise of any other power or
1003-24 remedy vested in the Secretary.
1004-25 (f) The Secretary may, after 10 days notice by registered
1005-26 mail to the licensee at the address set forth in the license
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1192+ HB5538 - 34 - LRB103 37882 RTM 68013 b
1193+1 Secretary shall fine, suspend, or revoke every license to
1194+2 which the grounds apply.
1195+3 The Department shall establish by rule and publish a
1196+4 schedule of fines that are reasonably tailored to ensure
1197+5 compliance with the provisions of this Act and which include
1198+6 remedial measures intended to improve licensee compliance.
1199+7 Such rules shall set forth the standards and procedures to be
1200+8 used in imposing any such fines and remedies.
1201+9 No revocation, suspension, or surrender of any license
1202+10 shall impair or affect the obligation of any pre-existing
1203+11 lawful contract between the licensee and any obligor.
1204+12 The Secretary may issue a new license to a licensee whose
1205+13 license has been revoked when facts or conditions which
1206+14 clearly would have warranted the Secretary in refusing
1207+15 originally to issue the license no longer exist.
1208+16 In every case in which a license is suspended or revoked or
1209+17 an application for a license or renewal of a license is denied,
1210+18 the Secretary shall serve the licensee or other person or
1211+19 entity doing business without the required license with notice
1212+20 of his or her action, including a statement of the reasons for
1213+21 his or her actions, either personally, or by certified mail,
1214+22 return receipt requested. Service by certified mail shall be
1215+23 deemed completed when the notice is deposited in the U.S.
1216+24 Mail.
1217+25 An order assessing a fine, an order revoking or suspending
1218+26 a license, or an order denying renewal of a license shall take
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1016-1 stating the contemplated action and in general the grounds
1017-2 therefore, fine a the licensee or other person or entity doing
1018-3 business without the required license an amount not exceeding
1019-4 $10,000 per violation, or revoke or suspend any license issued
1020-5 hereunder if he or she finds that:
1021-6 (1) the licensee has failed to comply with any
1022-7 provision of this Act or any order, decision, finding,
1023-8 rule, regulation, or direction of the Secretary lawfully
1024-9 made pursuant to the authority of this Act; or
1025-10 (2) any fact or condition exists which, if it had
1026-11 existed at the time of the original application for the
1027-12 license, clearly would have warranted the Secretary in
1028-13 refusing to issue the license.
1029-14 The Secretary may fine, suspend, or revoke only the
1030-15 particular license with respect to which grounds for the fine,
1031-16 revocation, or suspension occur or exist, but if the Secretary
1032-17 finds that grounds for revocation are of general application
1033-18 to all offices or to more than one office of the licensee, the
1034-19 Secretary shall fine, suspend, or revoke every license to
1035-20 which the grounds apply.
1036-21 The Department shall establish by rule and publish a
1037-22 schedule of fines that are reasonably tailored to ensure
1038-23 compliance with the provisions of this Act and which include
1039-24 remedial measures intended to improve licensee compliance.
1040-25 Such rules shall set forth the standards and procedures to be
1041-26 used in imposing any such fines and remedies.
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1228+ HB5538 - 35 - LRB103 37882 RTM 68013 b
1229+1 effect upon service of the order unless the licensee requests
1230+2 a hearing, in writing, within 10 days after the date of
1231+3 service. In the event a hearing is requested, the order shall
1232+4 be stayed until a final administrative order is entered.
1233+5 If the licensee requests a hearing, the Secretary shall
1234+6 schedule a preliminary hearing within 30 days after the
1235+7 request for a hearing unless otherwise agreed to by the
1236+8 parties.
1237+9 The hearing shall be held at the time and place designated
1238+10 by the Secretary. The Secretary and any administrative law
1239+11 judge designated by him or her shall have the power to
1240+12 administer oaths and affirmations, subpoena witnesses and
1241+13 compel their attendance, take evidence, and require the
1242+14 production of books, papers, correspondence, and other records
1243+15 or information that he or she considers relevant or material
1244+16 to the inquiry.
1245+17 (g) The costs of administrative hearings conducted
1246+18 pursuant to this Section shall be paid by the licensee.
1247+19 (h) Notwithstanding any other provision of this Section,
1248+20 if a lender who does not have a license issued under this Act
1249+21 makes a loan pursuant to this Act to an Illinois consumer, then
1250+22 the loan shall be null and void and the lender who made the
1251+23 loan shall have no right to collect, receive, or retain any
1252+24 principal, interest, or charges related to the loan.
1253+25 (Source: P.A. 97-1039, eff. 1-1-13; 98-209, eff. 1-1-14.)
1254+26 Section 99. Effective date. This Act takes effect upon
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1260+ HB5538 - 35 - LRB103 37882 RTM 68013 b
10481261
10491262
1050-HB5538 Engrossed- 31 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 31 - LRB103 37882 RTM 68013 b
1051- HB5538 Engrossed - 31 - LRB103 37882 RTM 68013 b
1052-1 No revocation, suspension, or surrender of any license
1053-2 shall impair or affect the obligation of any pre-existing
1054-3 lawful contract between the licensee and any obligor.
1055-4 The Secretary may issue a new license to a licensee whose
1056-5 license has been revoked when facts or conditions which
1057-6 clearly would have warranted the Secretary in refusing
1058-7 originally to issue the license no longer exist.
1059-8 In every case in which a license is suspended or revoked or
1060-9 an application for a license or renewal of a license is denied,
1061-10 the Secretary shall serve the licensee or other person or
1062-11 entity doing business without the required license with notice
1063-12 of his or her action, including a statement of the reasons for
1064-13 his or her actions, either personally, or by certified mail,
1065-14 return receipt requested. Service by certified mail shall be
1066-15 deemed completed when the notice is deposited in the U.S.
1067-16 Mail.
1068-17 An order assessing a fine, an order revoking or suspending
1069-18 a license, or an order denying renewal of a license shall take
1070-19 effect upon service of the order unless the licensee requests
1071-20 a hearing, in writing, within 10 days after the date of
1072-21 service. In the event a hearing is requested, the order shall
1073-22 be stayed until a final administrative order is entered.
1074-23 If the licensee requests a hearing, the Secretary shall
1075-24 schedule a preliminary hearing within 30 days after the
1076-25 request for a hearing unless otherwise agreed to by the
1077-26 parties.
1078-
1079-
1080-
1081-
1082-
1083- HB5538 Engrossed - 31 - LRB103 37882 RTM 68013 b
1084-
1085-
1086-HB5538 Engrossed- 32 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 32 - LRB103 37882 RTM 68013 b
1087- HB5538 Engrossed - 32 - LRB103 37882 RTM 68013 b
1088-1 The hearing shall be held at the time and place designated
1089-2 by the Secretary. The Secretary and any administrative law
1090-3 judge designated by him or her shall have the power to
1091-4 administer oaths and affirmations, subpoena witnesses and
1092-5 compel their attendance, take evidence, and require the
1093-6 production of books, papers, correspondence, and other records
1094-7 or information that he or she considers relevant or material
1095-8 to the inquiry.
1096-9 (g) The costs of administrative hearings conducted
1097-10 pursuant to this Section shall be paid by the licensee.
1098-11 (h) Notwithstanding any other provision of this Section,
1099-12 if a lender who does not have a license issued under this Act
1100-13 makes a loan pursuant to this Act to an Illinois consumer, then
1101-14 the loan shall be null and void and the lender who made the
1102-15 loan shall have no right to collect, receive, or retain any
1103-16 principal, interest, or charges related to the loan.
1104-17 (Source: P.A. 97-1039, eff. 1-1-13; 98-209, eff. 1-1-14.)
1105-18 Section 99. Effective date. This Act takes effect upon
1106-19 becoming law.
1107-HB5538 Engrossed- 33 -LRB103 37882 RTM 68013 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1205/1from Ch. 17, par. 1014 20 ILCS 1205/2from Ch. 17, par. 1025 20 ILCS 1205/4from Ch. 17, par. 1046 20 ILCS 1205/67 20 ILCS 1205/6afrom Ch. 17, par. 1078 20 ILCS 1205/7from Ch. 17, par. 1089 20 ILCS 1205/8from Ch. 17, par. 10910 20 ILCS 1205/15from Ch. 17, par. 11611 20 ILCS 1205/16from Ch. 17, par. 11712 20 ILCS 1205/17from Ch. 17, par. 11813 20 ILCS 1205/18from Ch. 17, par. 11914 20 ILCS 1205/18.2 new15 20 ILCS 1205/18.3 new16 20 ILCS 1205/18.4 new17 20 ILCS 1205/18.5 new18 20 ILCS 1205/9 rep.19 20 ILCS 1205/10 rep.20 20 ILCS 1205/11 rep.21 20 ILCS 1205/12 rep.22 20 ILCS 1205/13 rep.23 20 ILCS 1205/13.5 rep.24 20 ILCS 1205/14 rep.25 205 ILCS 405/19from Ch. 17, par. 4835 HB5538 Engrossed- 34 -LRB103 37882 RTM 68013 b HB5538 Engrossed- 33 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 33 - LRB103 37882 RTM 68013 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1205/1 from Ch. 17, par. 101 4 20 ILCS 1205/2 from Ch. 17, par. 102 5 20 ILCS 1205/4 from Ch. 17, par. 104 6 20 ILCS 1205/6 7 20 ILCS 1205/6a from Ch. 17, par. 107 8 20 ILCS 1205/7 from Ch. 17, par. 108 9 20 ILCS 1205/8 from Ch. 17, par. 109 10 20 ILCS 1205/15 from Ch. 17, par. 116 11 20 ILCS 1205/16 from Ch. 17, par. 117 12 20 ILCS 1205/17 from Ch. 17, par. 118 13 20 ILCS 1205/18 from Ch. 17, par. 119 14 20 ILCS 1205/18.2 new 15 20 ILCS 1205/18.3 new 16 20 ILCS 1205/18.4 new 17 20 ILCS 1205/18.5 new 18 20 ILCS 1205/9 rep. 19 20 ILCS 1205/10 rep. 20 20 ILCS 1205/11 rep. 21 20 ILCS 1205/12 rep. 22 20 ILCS 1205/13 rep. 23 20 ILCS 1205/13.5 rep. 24 20 ILCS 1205/14 rep. 25 205 ILCS 405/19 from Ch. 17, par. 4835 HB5538 Engrossed- 34 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 34 - LRB103 37882 RTM 68013 b
1108-HB5538 Engrossed- 33 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 33 - LRB103 37882 RTM 68013 b
1109- HB5538 Engrossed - 33 - LRB103 37882 RTM 68013 b
1263+HB5538- 36 -LRB103 37882 RTM 68013 b HB5538 - 36 - LRB103 37882 RTM 68013 b
1264+ HB5538 - 36 - LRB103 37882 RTM 68013 b
1265+1 becoming law.
1266+HB5538- 37 -LRB103 37882 RTM 68013 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1205/1from Ch. 17, par. 1014 20 ILCS 1205/2from Ch. 17, par. 1025 20 ILCS 1205/4from Ch. 17, par. 1046 20 ILCS 1205/67 20 ILCS 1205/6afrom Ch. 17, par. 1078 20 ILCS 1205/7from Ch. 17, par. 1089 20 ILCS 1205/8from Ch. 17, par. 10910 20 ILCS 1205/15from Ch. 17, par. 11611 20 ILCS 1205/16from Ch. 17, par. 11712 20 ILCS 1205/17from Ch. 17, par. 11813 20 ILCS 1205/18from Ch. 17, par. 11914 20 ILCS 1205/18.2 new15 20 ILCS 1205/18.3 new16 20 ILCS 1205/18.4 new17 20 ILCS 1205/18.5 new18 20 ILCS 1205/9 rep.19 20 ILCS 1205/10 rep.20 20 ILCS 1205/11 rep.21 20 ILCS 1205/12 rep.22 20 ILCS 1205/13 rep.23 20 ILCS 1205/13.5 rep.24 20 ILCS 1205/14 rep.25 205 ILCS 405/19from Ch. 17, par. 4835 HB5538- 38 -LRB103 37882 RTM 68013 b HB5538- 37 -LRB103 37882 RTM 68013 b HB5538 - 37 - LRB103 37882 RTM 68013 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 1205/1 from Ch. 17, par. 101 4 20 ILCS 1205/2 from Ch. 17, par. 102 5 20 ILCS 1205/4 from Ch. 17, par. 104 6 20 ILCS 1205/6 7 20 ILCS 1205/6a from Ch. 17, par. 107 8 20 ILCS 1205/7 from Ch. 17, par. 108 9 20 ILCS 1205/8 from Ch. 17, par. 109 10 20 ILCS 1205/15 from Ch. 17, par. 116 11 20 ILCS 1205/16 from Ch. 17, par. 117 12 20 ILCS 1205/17 from Ch. 17, par. 118 13 20 ILCS 1205/18 from Ch. 17, par. 119 14 20 ILCS 1205/18.2 new 15 20 ILCS 1205/18.3 new 16 20 ILCS 1205/18.4 new 17 20 ILCS 1205/18.5 new 18 20 ILCS 1205/9 rep. 19 20 ILCS 1205/10 rep. 20 20 ILCS 1205/11 rep. 21 20 ILCS 1205/12 rep. 22 20 ILCS 1205/13 rep. 23 20 ILCS 1205/13.5 rep. 24 20 ILCS 1205/14 rep. 25 205 ILCS 405/19 from Ch. 17, par. 4835 HB5538- 38 -LRB103 37882 RTM 68013 b HB5538 - 38 - LRB103 37882 RTM 68013 b
1267+HB5538- 37 -LRB103 37882 RTM 68013 b HB5538 - 37 - LRB103 37882 RTM 68013 b
1268+ HB5538 - 37 - LRB103 37882 RTM 68013 b
11101269 1 INDEX
11111270 2 Statutes amended in order of appearance
11121271 3 20 ILCS 1205/1 from Ch. 17, par. 101
11131272 4 20 ILCS 1205/2 from Ch. 17, par. 102
11141273 5 20 ILCS 1205/4 from Ch. 17, par. 104
11151274 6 20 ILCS 1205/6
11161275 7 20 ILCS 1205/6a from Ch. 17, par. 107
11171276 8 20 ILCS 1205/7 from Ch. 17, par. 108
11181277 9 20 ILCS 1205/8 from Ch. 17, par. 109
11191278 10 20 ILCS 1205/15 from Ch. 17, par. 116
11201279 11 20 ILCS 1205/16 from Ch. 17, par. 117
11211280 12 20 ILCS 1205/17 from Ch. 17, par. 118
11221281 13 20 ILCS 1205/18 from Ch. 17, par. 119
11231282 14 20 ILCS 1205/18.2 new
11241283 15 20 ILCS 1205/18.3 new
11251284 16 20 ILCS 1205/18.4 new
11261285 17 20 ILCS 1205/18.5 new
11271286 18 20 ILCS 1205/9 rep.
11281287 19 20 ILCS 1205/10 rep.
11291288 20 20 ILCS 1205/11 rep.
11301289 21 20 ILCS 1205/12 rep.
11311290 22 20 ILCS 1205/13 rep.
11321291 23 20 ILCS 1205/13.5 rep.
11331292 24 20 ILCS 1205/14 rep.
11341293 25 205 ILCS 405/19 from Ch. 17, par. 4835
1135-HB5538 Engrossed- 34 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 34 - LRB103 37882 RTM 68013 b
1136- HB5538 Engrossed - 34 - LRB103 37882 RTM 68013 b
1294+HB5538- 38 -LRB103 37882 RTM 68013 b HB5538 - 38 - LRB103 37882 RTM 68013 b
1295+ HB5538 - 38 - LRB103 37882 RTM 68013 b
11371296
11381297
11391298
11401299
11411300
1142- HB5538 Engrossed - 32 - LRB103 37882 RTM 68013 b
1301+ HB5538 - 36 - LRB103 37882 RTM 68013 b
11431302
11441303
11451304
1146-HB5538 Engrossed- 33 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 33 - LRB103 37882 RTM 68013 b
1147- HB5538 Engrossed - 33 - LRB103 37882 RTM 68013 b
1305+HB5538- 37 -LRB103 37882 RTM 68013 b HB5538 - 37 - LRB103 37882 RTM 68013 b
1306+ HB5538 - 37 - LRB103 37882 RTM 68013 b
11481307 1 INDEX
11491308 2 Statutes amended in order of appearance
11501309 3 20 ILCS 1205/1 from Ch. 17, par. 101
11511310 4 20 ILCS 1205/2 from Ch. 17, par. 102
11521311 5 20 ILCS 1205/4 from Ch. 17, par. 104
11531312 6 20 ILCS 1205/6
11541313 7 20 ILCS 1205/6a from Ch. 17, par. 107
11551314 8 20 ILCS 1205/7 from Ch. 17, par. 108
11561315 9 20 ILCS 1205/8 from Ch. 17, par. 109
11571316 10 20 ILCS 1205/15 from Ch. 17, par. 116
11581317 11 20 ILCS 1205/16 from Ch. 17, par. 117
11591318 12 20 ILCS 1205/17 from Ch. 17, par. 118
11601319 13 20 ILCS 1205/18 from Ch. 17, par. 119
11611320 14 20 ILCS 1205/18.2 new
11621321 15 20 ILCS 1205/18.3 new
11631322 16 20 ILCS 1205/18.4 new
11641323 17 20 ILCS 1205/18.5 new
11651324 18 20 ILCS 1205/9 rep.
11661325 19 20 ILCS 1205/10 rep.
11671326 20 20 ILCS 1205/11 rep.
11681327 21 20 ILCS 1205/12 rep.
11691328 22 20 ILCS 1205/13 rep.
11701329 23 20 ILCS 1205/13.5 rep.
11711330 24 20 ILCS 1205/14 rep.
11721331 25 205 ILCS 405/19 from Ch. 17, par. 4835
11731332
11741333
11751334
11761335
11771336
1178- HB5538 Engrossed - 33 - LRB103 37882 RTM 68013 b
1337+ HB5538 - 37 - LRB103 37882 RTM 68013 b
11791338
11801339
1181-HB5538 Engrossed- 34 -LRB103 37882 RTM 68013 b HB5538 Engrossed - 34 - LRB103 37882 RTM 68013 b
1182- HB5538 Engrossed - 34 - LRB103 37882 RTM 68013 b
1340+HB5538- 38 -LRB103 37882 RTM 68013 b HB5538 - 38 - LRB103 37882 RTM 68013 b
1341+ HB5538 - 38 - LRB103 37882 RTM 68013 b
11831342
11841343
11851344
11861345
11871346
1188- HB5538 Engrossed - 34 - LRB103 37882 RTM 68013 b
1347+ HB5538 - 38 - LRB103 37882 RTM 68013 b