103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3550 Introduced 2/9/2024, by Sen. Sara Feigenholtz 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 37880 RTM 68011 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3550 Introduced 2/9/2024, by Sen. Sara Feigenholtz 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 37880 RTM 68011 b LRB103 37880 RTM 68011 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3550 Introduced 2/9/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: See Index 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 37880 RTM 68011 b LRB103 37880 RTM 68011 b LRB103 37880 RTM 68011 b A BILL FOR SB3550LRB103 37880 RTM 68011 b SB3550 LRB103 37880 RTM 68011 b SB3550 LRB103 37880 RTM 68011 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Financial Institutions Code is amended by 5 changing Sections 1, 2, 4, 6, 6a, 7, 8, 15, 16, 17, and 18 and 6 by adding Sections 18.2, 18.3, 18.4, and 18.5 as follows: 7 (20 ILCS 1205/1) (from Ch. 17, par. 101) 8 Sec. 1. Short title. This Act shall be known and shall be 9 cited as the "Financial Institutions Act Code." 10 (Source: Laws 1957, p. 369.) 11 (20 ILCS 1205/2) (from Ch. 17, par. 102) 12 Sec. 2. Purpose. The purpose of the Financial Institutions 13 Act Code is to provide under the Governor for the orderly 14 administration and enforcement of laws relating to financial 15 institutions under the authority of the Governor. 16 (Source: Laws 1957, p. 369.) 17 (20 ILCS 1205/4) (from Ch. 17, par. 104) 18 Sec. 4. Definitions. As used in this Act: 19 "Address of record" means the designated address recorded 20 by the Division in the applicant's application file or the 21 licensee's license file, as maintained by the Division. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3550 Introduced 2/9/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: See Index 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 37880 RTM 68011 b LRB103 37880 RTM 68011 b LRB103 37880 RTM 68011 b A BILL FOR See Index LRB103 37880 RTM 68011 b SB3550 LRB103 37880 RTM 68011 b SB3550- 2 -LRB103 37880 RTM 68011 b SB3550 - 2 - LRB103 37880 RTM 68011 b SB3550 - 2 - LRB103 37880 RTM 68011 b 1 "Department" means the Department of Financial and 2 Professional Regulation. 3 "Director" means the Director or acting Director of the 4 Division of Financial Institutions and any authorized 5 representative of the Director. 6 "Division" means the Division of Financial Institutions of 7 the Department. 8 "Financial institutions" means ambulatory and community 9 currency exchanges, credit unions, guaranteed credit unions, 10 money transmitters, title insuring or guaranteeing companies 11 and their agents, consumer installment lenders, payday 12 lenders, sales finance agencies, consumer legal funding 13 companies, collection agencies, and any other person who 14 industry or business that offers services or products that are 15 regulated under any Act administered by the Director. 16 "License" means any certificate or authorization issued to 17 any person, party, or entity pursuant to any Act administered 18 by the Division. 19 "Licensee" means any person, party, or entity who is or 20 comes to be certified, chartered, registered, licensed, or 21 otherwise authorized by the Division pursuant to any Act 22 administered by the Division. 23 "Payday loan" has the meaning ascribed to that term in the 24 Payday Loan Reform Act. 25 "Person" means any individual, partnership, joint venture, 26 trust, estate, firm, corporation, cooperative society or SB3550 - 2 - LRB103 37880 RTM 68011 b SB3550- 3 -LRB103 37880 RTM 68011 b SB3550 - 3 - LRB103 37880 RTM 68011 b SB3550 - 3 - LRB103 37880 RTM 68011 b 1 association, or any other form of business association or 2 legal entity. 3 "Regulated person" means a person whose activities are 4 subject to an Act or rule that is administered by the Division. 5 "Regulated person" includes licensees as well as persons who 6 are lawfully or unlawfully unlicensed. "Regulated person" also 7 includes managers and owners of the licensee. 8 "Secretary" means the Secretary or acting Secretary of 9 Financial and Professional Regulation and any authorized 10 representative of the Secretary. 11 (Source: P.A. 102-975, eff. 1-1-23.) 12 (20 ILCS 1205/6) 13 Sec. 6. General powers and duties. In addition to the 14 powers and duties provided by law and imposed elsewhere in 15 this Act, the Division has the following powers and duties: 16 (1) To administer and enforce the Consumer Installment 17 Loan Act and its implementing rules. 18 (2) To administer and enforce the Currency Exchange 19 Act and its implementing rules. 20 (3) To administer and enforce the Debt Management 21 Service Act and its implementing rules. 22 (4) To administer and enforce the Debt Settlement 23 Consumer Protection Act and its implementing rules. 24 (5) To administer and enforce the Illinois Development 25 Credit Corporation Act and its implementing rules. SB3550 - 3 - LRB103 37880 RTM 68011 b SB3550- 4 -LRB103 37880 RTM 68011 b SB3550 - 4 - LRB103 37880 RTM 68011 b SB3550 - 4 - LRB103 37880 RTM 68011 b 1 (6) To administer and enforce the Payday Loan Reform 2 Act and its implementing rules. 3 (7) To administer and enforce the Safety Deposit 4 License Act and its implementing rules. 5 (8) To administer and enforce the Sales Finance Agency 6 Act and its implementing rules. 7 (9) To administer and enforce the Title Insurance Act 8 and its implementing rules. 9 (10) To administer and enforce the Transmitters of 10 Money Act and its implementing rules. 11 (11) To administer and enforce the Predatory Loan 12 Prevention Act and its implementing rules. 13 (12) To administer and enforce the Motor Vehicle 14 Retail Installment Sales Act and its implementing rules. 15 (13) To administer and enforce the Retail Installment 16 Sales Act and its implementing rules. 17 (14) To administer and enforce the Illinois Credit 18 Union Act and its implementing rules. 19 (15) To administer and enforce the Collection Agency 20 Act and its implementing rules. 21 (16) To administer and enforce the Consumer Legal 22 Funding Act and its implementing rules. 23 (17) (16) To administer and enforce this Act and any 24 other Act administered by the Director or Division. 25 (17) If the Division is authorized or required by law 26 to consider some aspect of criminal history record SB3550 - 4 - LRB103 37880 RTM 68011 b SB3550- 5 -LRB103 37880 RTM 68011 b SB3550 - 5 - LRB103 37880 RTM 68011 b SB3550 - 5 - LRB103 37880 RTM 68011 b 1 information for the purpose of carrying out its statutory 2 powers and responsibilities, to obtain from the Illinois 3 State Police, upon request and payment of the fees 4 required by the Illinois State Police Law of the Civil 5 Administrative Code of Illinois, pursuant to positive 6 identification, such information contained in State files 7 as is necessary to carry out the duties of the Division. 8 (18) To authorize and administer examinations to 9 ascertain the qualifications of applicants and licensees 10 for which the examination is held. 11 (19) To conduct hearings in proceedings to revoke, 12 suspend, refuse to renew, or take other disciplinary 13 action regarding licenses, charters, certifications, 14 registrations, or authorities of persons as authorized in 15 any Act administered by the Division. 16 (20) To receive, consider, investigate, and act upon 17 complaints made by any person relating to a regulated 18 person. 19 (21) To keep records of all licenses, registrations, 20 charters, or other authorizations. 21 (22) To issue orders and fines against any person: (A) 22 if the Secretary has reasonable cause to believe that an 23 unsafe, unsound, deceptive, unfit, or unlawful practice 24 has occurred, is occurring, or is likely to occur; (B) if 25 any person has violated, is violating, or is about to 26 violate any law, rule, or written agreement with the SB3550 - 5 - LRB103 37880 RTM 68011 b SB3550- 6 -LRB103 37880 RTM 68011 b SB3550 - 6 - LRB103 37880 RTM 68011 b SB3550 - 6 - LRB103 37880 RTM 68011 b 1 Secretary; or (C) for the purpose of administering the 2 provisions of this Act or other law and any rule adopted in 3 accordance with this Act or other law administered by the 4 Division. 5 (23) To require information or reports from any 6 licensee or regulated person at any time the Secretary 7 chooses. 8 (24) To examine the activities, books, and records of 9 every regulated person. 10 (25) To enforce the provisions of this Act, Illinois 11 laws, and the federal laws applicable to persons regulated 12 by the Division. 13 (26) To levy fees, fines, and civil penalties, charge 14 for services, and impose assessments to defray operating 15 expenses, including direct and indirect costs, of 16 administering this Act and other laws administered by the 17 Division. 18 (27) To enter into cooperative agreements with federal 19 and state regulatory authorities and to accept reports of 20 examinations from federal and state regulatory 21 authorities. 22 (28) To exercise visitorial power over regulated 23 persons. 24 (29) To prescribe the forms of and receive (A) 25 applications for licenses, registrations, charters, or 26 other authorizations; and (B) all reports and all books SB3550 - 6 - LRB103 37880 RTM 68011 b SB3550- 7 -LRB103 37880 RTM 68011 b SB3550 - 7 - LRB103 37880 RTM 68011 b SB3550 - 7 - LRB103 37880 RTM 68011 b 1 and records required to be made by any regulated person. 2 (30) To subpoena documents and witnesses and compel 3 their attendance and production, to administer oaths, and 4 to require the production of any books, papers, or other 5 materials relevant to any inquiry authorized by this Act 6 or other law administered by the Division. 7 (31) To appoint examiners, supervisors, experts, and 8 special assistants as needed to administer this Act and 9 other laws administered by the Division. 10 (32) To assign an examiner or examiners to monitor the 11 affairs of a regulated person with whatever frequency the 12 Secretary determines appropriate and to charge the 13 regulated person for reasonable and necessary expenses of 14 the Secretary. 15 (33) To investigate unlicensed activity and take any 16 actions reasonably necessary to prohibit and stop 17 unlicensed activity. 18 (34) To perform any other lawful acts necessary or 19 desirable to carry out the purposes and provisions of this 20 Act and other laws administered by the Division. 21 Whenever the Division is authorized or required by law to 22 consider some aspect of criminal history record information 23 for the purpose of carrying out its statutory powers and 24 responsibilities, then, upon request and payment of fees in 25 conformance with the requirements of Section 2605-400 of the 26 Illinois State Police Law, the Illinois State Police is SB3550 - 7 - LRB103 37880 RTM 68011 b SB3550- 8 -LRB103 37880 RTM 68011 b SB3550 - 8 - LRB103 37880 RTM 68011 b SB3550 - 8 - LRB103 37880 RTM 68011 b 1 authorized to furnish, pursuant to positive identification, 2 the information contained in State files that is necessary to 3 fulfill the request. 4 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 5 102-975, eff. 1-1-23; 103-154, eff. 6-30-23.) 6 (20 ILCS 1205/6a) (from Ch. 17, par. 107) 7 Sec. 6a. Rulemaking authority. 8 (a) In addition to such powers and rulemaking authority as 9 may be prescribed elsewhere in this Act or other laws 10 administered by the Division, the Secretary may adopt rules 11 consistent with the purposes of this Act applicable to 12 regulated persons, including, but not limited to: 13 (1) rules in connection with the activities of 14 regulated person as may be necessary and appropriate for 15 the protection of consumers in this State; 16 (2) rules to define the terms used in this Act and as 17 may be necessary and appropriate to interpret and 18 implement the provisions of this Act and any other law 19 administered by the Division; 20 (3) rules as may be necessary for the implementation, 21 administration, and enforcement of this Act and any other 22 law administered by the Division; 23 (4) rules relating to prohibiting disclosure of 24 confidential supervisory information; and 25 (5) rules as may be necessary to increase competition SB3550 - 8 - LRB103 37880 RTM 68011 b SB3550- 9 -LRB103 37880 RTM 68011 b SB3550 - 9 - LRB103 37880 RTM 68011 b SB3550 - 9 - LRB103 37880 RTM 68011 b 1 and price transparency. 2 (b) The Secretary is hereby authorized and empowered to 3 make specific rulings, demands, and findings that the 4 Secretary deems necessary for the proper conduct of regulated 5 persons. 6 The Director may, in accordance with The Illinois 7 Administrative Procedure Act, adopt reasonable rules with 8 respect to the administration and enforcement of any Act the 9 administration of which is vested in the Director or the 10 Department. 11 (Source: P.A. 81-205.) 12 (20 ILCS 1205/7) (from Ch. 17, par. 108) 13 Sec. 7. Illinois Administrative Procedure Act. The 14 provisions of the "The Illinois Administrative Procedure Act", 15 as now or hereafter amended, are hereby expressly adopted and 16 incorporated herein as though a part of this Act, and shall 17 apply to all administrative rules and procedures of the 18 Division Director and the Department of Financial Institutions 19 under this Act. , except that the provisions of the 20 Administrative Procedure Act regarding contested cases shall 21 not apply to actions of the Director under Section 15.1 of "An 22 Act in relation to the definition, licensing and regulation of 23 community currency exchanges and ambulatory currency 24 exchanges, and the operators and employees thereof, and to 25 make an appropriation therefor, and to provide penalties and SB3550 - 9 - LRB103 37880 RTM 68011 b SB3550- 10 -LRB103 37880 RTM 68011 b SB3550 - 10 - LRB103 37880 RTM 68011 b SB3550 - 10 - LRB103 37880 RTM 68011 b 1 remedies for the violation thereof", approved June 30, 1943, 2 as amended, or Sections 8 and 61 of "The Illinois Credit Union 3 Act". 4 (Source: P.A. 100-22, eff. 1-1-18.) 5 (20 ILCS 1205/8) (from Ch. 17, par. 109) 6 Sec. 8. Duties of the Secretary. The Secretary Director 7 shall direct and supervise all Department administrative and 8 technical activities, in addition to the duties imposed upon 9 the Secretary him elsewhere in this Act Code, and shall: 10 (1) Apply and carry out this Act Code and the laws and all 11 rules adopted in pursuance thereof. 12 (2) Appoint, subject to the provisions of the Personnel 13 Code, such employees of the Division Department and such 14 experts and special assistants as may be necessary to carry 15 out effectively the provisions of this Act Code. 16 (3) Foster and develop programs with financial 17 institutions, for the best interests of these institutions, 18 their services, and the People people of the State of 19 Illinois. 20 (4) Attend meetings of the Advisory Boards created by laws 21 relating to financial institutions. 22 (5) Make continuous studies and report his recommendations 23 to the Governor for the improvement of the Department. 24 (6) Make an annual report regarding the work of the 25 Department and such special reports as he may consider SB3550 - 10 - LRB103 37880 RTM 68011 b SB3550- 11 -LRB103 37880 RTM 68011 b SB3550 - 11 - LRB103 37880 RTM 68011 b SB3550 - 11 - LRB103 37880 RTM 68011 b 1 desirable to the Governor, or as the Governor may request. 2 (5) (7) Perform any other lawful acts that the Secretary 3 which he may consider necessary or desirable to carry out the 4 purposes and provisions of this Act Law. 5 (Source: Laws 1957, p. 369.) 6 (20 ILCS 1205/15) (from Ch. 17, par. 116) 7 Sec. 15. Pending actions and proceedings. This Act shall 8 not affect any act done, ratified or confirmed or any right 9 accrued or established, or affect or abate any action or 10 proceeding had or commenced in a civil or criminal cause 11 before this Act takes effect; but such actions or proceedings 12 may be prosecuted and continued by the Division Department of 13 Financial Institutions. 14 (Source: Laws 1957, p. 369.) 15 (20 ILCS 1205/16) (from Ch. 17, par. 117) 16 Sec. 16. Director and supervisors. The Governor shall 17 appoint a Director of the Division, who shall oversee the 18 Division and who shall report to the Secretary. There shall be 19 a Supervisor of Consumer Credit, a Supervisor of Currency 20 Exchanges, a Supervisor of Title Insurance, and a Supervisor 21 of Credit Unions. The respective supervisors Supervisors shall 22 be appointed by and responsible to the Director and shall be 23 administratively responsible within the Department for the 24 financial institutions and title insurance entities to which SB3550 - 11 - LRB103 37880 RTM 68011 b SB3550- 12 -LRB103 37880 RTM 68011 b SB3550 - 12 - LRB103 37880 RTM 68011 b SB3550 - 12 - LRB103 37880 RTM 68011 b 1 their appointments pertain. The Secretary may appoint other 2 supervisory staff as deemed necessary to implement Acts the 3 Division administers. 4 (Source: P.A. 99-549, eff. 7-15-16.) 5 (20 ILCS 1205/17) (from Ch. 17, par. 118) 6 Sec. 17. Prohibited interests. Neither the Secretary, the 7 Director, nor any supervisor in the Division, nor any examiner 8 in the Division shall be an officer, director, owner, or 9 shareholder of, or a partner in, or have any proprietary 10 interest, direct or indirect, in any financial institution 11 under the jurisdiction of the Division. However, ; provided, 12 however, that ownership of withdrawable capital accounts or 13 shares in credit unions and ownership of diversified 14 investment funds, employee benefit plans, pensions, retirement 15 and thrift saving plans, or similar financial instruments in 16 which the employee has no ability to exercise control over or 17 selection of the financial interests held by the fund are 18 permitted shall not be deemed to be prevented hereby. If the 19 Secretary, Director, or any supervisor, or examiner within the 20 Division is a , shall be a shareholder, or partner in, or an 21 owner of or has have any interest, direct or indirect, in any 22 such financial institution under the jurisdiction of the 23 Division at the time of his appointment, that person he shall 24 dispose of the his shares of stock or other evidences of 25 ownership or property within 120 days from the date of his SB3550 - 12 - LRB103 37880 RTM 68011 b SB3550- 13 -LRB103 37880 RTM 68011 b SB3550 - 13 - LRB103 37880 RTM 68011 b SB3550 - 13 - LRB103 37880 RTM 68011 b 1 appointment. It is unlawful for the Secretary, Director, or 2 any supervisor or examiner within the Division to obtain or 3 repay any loan, product, or service from a financial 4 institution subject to the jurisdiction of the Division on 5 terms more favorable than those offered to the general public. 6 The Secretary is authorized to adopt rules to implement or 7 interpret this Section. It is unlawful for the Director, any 8 supervisor or examiner to obtain any loan or gratuity from a 9 financial institution subject to the jurisdiction of the 10 Department as herein provided. If any other employee of the 11 Department borrows from or becomes indebted in an aggregate 12 amount of $2,500 or more to any financial institution subject 13 to the jurisdiction of the Department, he shall make a written 14 report to the Director stating the date and amount of such loan 15 or indebtedness, the security therefor, if any, and the 16 purpose or purposes for which proceeds have been or are to be 17 used. 18 (Source: P.A. 91-357, eff. 7-29-99.) 19 (20 ILCS 1205/18) (from Ch. 17, par. 119) 20 Sec. 18. Oaths; subpoenas; penalty. 21 (a) At any time during the course of any investigation or 22 hearing conducted pursuant to any Act administered by the 23 Division, the Secretary The Director shall have the power to 24 administer oaths, subpoena witnesses, take evidence, and 25 compel the production of any books, records, or any other SB3550 - 13 - LRB103 37880 RTM 68011 b SB3550- 14 -LRB103 37880 RTM 68011 b SB3550 - 14 - LRB103 37880 RTM 68011 b SB3550 - 14 - LRB103 37880 RTM 68011 b 1 documents that the Secretary deems relevant or and papers 2 pertinent to any investigation or hearing regarding the 3 operation of any financial institution. Witnesses in 4 investigations or hearings conducted under this Section are 5 entitled to the same fees and mileage, and in the same manner, 6 as prescribed by law in judicial proceedings in civil cases of 7 this State. 8 (b) Any person who fails to appear in response to a 9 subpoena, or to answer any question, to or produce any books, 10 and papers, records, or any documents deemed relevant or 11 pertinent to such investigation or hearing, or who knowingly 12 gives false testimony therein, is guilty of a Class A 13 misdemeanor. Each violation shall constitute a separate and 14 distinct offense. In addition to initiating criminal 15 proceedings through referral, the Division, through the 16 Attorney General, may seek enforcement of any such subpoena in 17 any circuit court of this State. 18 (Source: P.A. 77-2594.) 19 (20 ILCS 1205/18.2 new) 20 Sec. 18.2. Court order requiring attendance of witnesses 21 or production of materials. Upon application by the Division, 22 any Illinois circuit court may enter an order to enforce a 23 subpoena issued by the Division for the attendance of 24 witnesses and the production of relevant books and papers or 25 other documents deemed relevant or pertinent before the SB3550 - 14 - LRB103 37880 RTM 68011 b SB3550- 15 -LRB103 37880 RTM 68011 b SB3550 - 15 - LRB103 37880 RTM 68011 b SB3550 - 15 - LRB103 37880 RTM 68011 b 1 Division in any hearing relative to the denial of an 2 application, refusal to renew, suspension, revocation, placing 3 on probationary status, reprimand, fine, or the taking of any 4 other disciplinary action as may be authorized in any Act 5 administered by the Division. The court may compel obedience 6 to its order through proceedings for contempt. 7 (20 ILCS 1205/18.3 new) 8 Sec. 18.3. Perjury; penalty. The Secretary may require any 9 document filed under any Act administered or rule adopted by 10 the Division to be verified or contain a written affirmation 11 that it is signed under the penalties of perjury. Any person 12 who knowingly signs a fraudulent document commits perjury as 13 defined in Section 32-2 of the Criminal Code of 2012 and shall 14 be guilty of a Class A misdemeanor. 15 (20 ILCS 1205/18.4 new) 16 Sec. 18.4. Character and fitness. To receive and maintain 17 any license for any Act administered by the Division, a 18 regulated person shall at all times have the character and 19 general fitness as to justify the confidence of the public and 20 be fit, willing, and able to carry on the proposed business in 21 a lawful and fair manner. 22 (20 ILCS 1205/18.5 new) 23 Sec. 18.5. Consent orders and settlement agreements. The SB3550 - 15 - LRB103 37880 RTM 68011 b SB3550- 16 -LRB103 37880 RTM 68011 b SB3550 - 16 - LRB103 37880 RTM 68011 b SB3550 - 16 - LRB103 37880 RTM 68011 b 1 Secretary may enter into a consent order or settlement 2 agreement at any time with a regulated person to resolve a 3 matter arising under this Act or any other Act under the 4 jurisdiction of the Division. A consent order or settlement 5 agreement need not constitute an admission by a regulated 6 person that this Act or a rule or order issued or adopted under 7 this Act or any Act under the jurisdiction of the Division has 8 been violated, nor need it constitute a finding by the 9 Secretary that the person has violated this Act or a rule or 10 order adopted under this Act or any Act under the jurisdiction 11 of the Division. 12 (20 ILCS 1205/9 rep.) 13 (20 ILCS 1205/10 rep.) 14 (20 ILCS 1205/11 rep.) 15 (20 ILCS 1205/12 rep.) 16 (20 ILCS 1205/13 rep.) 17 (20 ILCS 1205/13.5 rep.) 18 (20 ILCS 1205/14 rep.) 19 Section 10. The Financial Institutions Code is amended by 20 repealing Sections 9, 10, 11, 12, 13, 13.5, and 14. 21 Section 15. The Currency Exchange Act is amended by 22 changing Section 19 as follows: 23 (205 ILCS 405/19) (from Ch. 17, par. 4835) SB3550 - 16 - LRB103 37880 RTM 68011 b SB3550- 17 -LRB103 37880 RTM 68011 b SB3550 - 17 - LRB103 37880 RTM 68011 b SB3550 - 17 - LRB103 37880 RTM 68011 b 1 Sec. 19. The Department may make and enforce such 2 reasonable rules, directions, orders, decisions and findings 3 as the execution and enforcement of the provisions of this Act 4 require, and as are not inconsistent within this Act. All such 5 rules, directions, orders, decisions and findings shall be 6 filed and entered by the Secretary in an indexed permanent 7 book or record, or electronic record, with the effective date 8 thereof suitably indicated, and such book or record shall be a 9 public document. All rules and directions, which are of a 10 general character, shall be made available in electronic form 11 to all licensees within 10 days after filing and any changes 12 shall be emailed to all licensees shall receive by mail notice 13 of any changes. Copies of all findings, orders and decisions 14 shall be mailed to the parties affected thereby by United 15 States mail within 5 days of such filing. 16 The Department shall adopt rules concerning classes of 17 violations, which may include continuing violations of this 18 Act, and factors in mitigation of violations. 19 (Source: P.A. 99-445, eff. 1-1-16.) 20 Section 20. The Sales Finance Agency Act is amended by 21 changing Section 8 as follows: 22 (205 ILCS 660/8) (from Ch. 17, par. 5208) 23 Sec. 8. The Department may deny an application for a 24 license, deny an application for renewal of a license, or SB3550 - 17 - LRB103 37880 RTM 68011 b SB3550- 18 -LRB103 37880 RTM 68011 b SB3550 - 18 - LRB103 37880 RTM 68011 b SB3550 - 18 - LRB103 37880 RTM 68011 b 1 suspend or revoke a license on any of the grounds listed in 2 Sections 8.1 through 8.14 and the Financial Institutions Act. 3 (Source: P.A. 90-437, eff. 1-1-98.) 4 Section 25. The Consumer Installment Loan Act is amended 5 by changing Sections 9, 15 and 20.5 as follows: 6 (205 ILCS 670/9) (from Ch. 17, par. 5409) 7 Sec. 9. Fines, Suspension or Revocation of license. 8 (a) The Director may fine a licensee or any other person or 9 entity doing business without the required license , after 10 10 days notice by registered mail to the licensee at the address 11 set forth in the license, stating the contemplated action and 12 in general the grounds therefor, fine such licensee an amount 13 not exceeding $10,000 per violation, or revoke or suspend any 14 license issued hereunder if he or she finds that: 15 (1) The licensee has failed to comply with any 16 provision of this Act or any order, decision, finding, 17 rule, regulation or direction of the Director lawfully 18 made pursuant to the authority of this Act; or 19 (2) Any fact or condition exists which, if it had 20 existed at the time of the original application for the 21 license, clearly would have warranted the Director in 22 refusing to issue the license. 23 (a-5) All orders issued pursuant to this Act shall be 24 served on the licensee, person, or entity with notice of his or SB3550 - 18 - LRB103 37880 RTM 68011 b SB3550- 19 -LRB103 37880 RTM 68011 b SB3550 - 19 - LRB103 37880 RTM 68011 b SB3550 - 19 - LRB103 37880 RTM 68011 b 1 her action, including a statement of the reasons for his or her 2 actions, either personally, or by certified mail. Service by 3 certified mail shall be deemed completed when the notice is 4 deposited in the U.S. Mail. 5 (b) The Director may fine, suspend, or revoke only the 6 particular license with respect to which grounds for the fine, 7 revocation or suspension occur or exist, but if the Director 8 shall find that grounds for revocation are of general 9 application to all offices or to more than one office of the 10 licensee, the Director shall fine, suspend, or revoke every 11 license to which such grounds apply. 12 (c) (Blank). 13 (d) No revocation, suspension, or surrender of any license 14 shall impair or affect the obligation of any pre-existing 15 lawful contract between the licensee and any obligor. 16 (e) The Director may issue a new license to a licensee 17 whose license has been revoked when facts or conditions which 18 clearly would have warranted the Director in refusing 19 originally to issue the license no longer exist. 20 (f) (Blank). 21 (g) In every case in which a license is suspended or 22 revoked or an application for a license or renewal of a license 23 is denied, the Director shall serve the licensee with notice 24 of his or her action, including a statement of the reasons for 25 his or her actions, either personally, or by certified mail, 26 return receipt requested. Service by certified mail shall be SB3550 - 19 - LRB103 37880 RTM 68011 b SB3550- 20 -LRB103 37880 RTM 68011 b SB3550 - 20 - LRB103 37880 RTM 68011 b SB3550 - 20 - LRB103 37880 RTM 68011 b 1 deemed completed when the notice is deposited in the U.S. 2 Mail. 3 (h) An order assessing a fine, an order revoking or 4 suspending a license or, an order denying renewal of a license 5 shall take effect upon service of the order unless the 6 licensee requests, in writing, within 10 days after the date 7 of service, a hearing. In the event a hearing is requested, the 8 order shall be stayed until a final administrative order is 9 entered. 10 (i) If the licensee requests a hearing, the Director shall 11 schedule a preliminary hearing within 30 days after the 12 request for a hearing unless otherwise agreed to by the 13 parties. 14 (j) The hearing shall be held at the time and place 15 designated by the Director. The Director and any 16 administrative law judge designated by him or her shall have 17 the power to administer oaths and affirmations, subpoena 18 witnesses and compel their attendance, take evidence, and 19 require the production of books, papers, correspondence, and 20 other records or information that he or she considers relevant 21 or material to the inquiry. 22 (k) The costs for the administrative hearing shall be set 23 by rule. 24 (l) The Director shall have the authority to prescribe 25 rules for the administration of this Section. 26 (m) The Department shall establish by rule and publish a SB3550 - 20 - LRB103 37880 RTM 68011 b SB3550- 21 -LRB103 37880 RTM 68011 b SB3550 - 21 - LRB103 37880 RTM 68011 b SB3550 - 21 - LRB103 37880 RTM 68011 b 1 schedule of fines that are reasonably tailored to ensure 2 compliance with the provisions of this Act and which include 3 remedial measures intended to improve licensee compliance. 4 Such rules shall set forth the standards and procedures to be 5 used in imposing any such fines and remedies. 6 (Source: P.A. 98-209, eff. 1-1-14.) 7 (205 ILCS 670/15) (from Ch. 17, par. 5415) 8 Sec. 15. Charges permitted. 9 (a) Every licensee may lend a principal amount not 10 exceeding $40,000 and may charge, contract for and receive 11 thereon charges interest at an annual percentage rate of no 12 more than 36%, subject to the provisions of this Act. For 13 purposes of this Section, the annual percentage rate shall be 14 calculated as such rate is calculated using the system for 15 calculating a military annual percentage rate under Section 16 232.4 of Title 32 of the Code of Federal Regulations as in 17 effect on the effective date of this amendatory Act of the 18 101st General Assembly. 19 (b) For purpose of this Section, the following terms shall 20 have the meanings ascribed herein. 21 "Applicable interest" for a precomputed loan contract 22 means the amount of interest attributable to each monthly 23 installment period. It is computed as if each installment 24 period were one month and any interest charged for extending 25 the first installment period beyond one month is ignored. The SB3550 - 21 - LRB103 37880 RTM 68011 b SB3550- 22 -LRB103 37880 RTM 68011 b SB3550 - 22 - LRB103 37880 RTM 68011 b SB3550 - 22 - LRB103 37880 RTM 68011 b 1 applicable interest for any monthly installment period is that 2 portion of the precomputed interest that bears the same ratio 3 to the total precomputed interest as the balances scheduled to 4 be outstanding during that month bear to the sum of all 5 scheduled monthly outstanding balances in the original 6 contract. 7 "Interest-bearing loan" means a loan in which the debt is 8 expressed as a principal amount plus interest charged on 9 actual unpaid principal balances for the time actually 10 outstanding. 11 "Precomputed loan" means a loan in which the debt is 12 expressed as the sum of the original principal amount plus 13 interest computed actuarially in advance, assuming all 14 payments will be made when scheduled. 15 "Substantially equal installment" includes a last 16 regularly scheduled payment that may be less than, but not 17 more than 5% larger than, the previous scheduled payment 18 according to a disclosed payment schedule agreed to by the 19 parties. 20 (c) Loans may be interest-bearing or precomputed. 21 (d) To compute time for either interest-bearing or 22 precomputed loans for the calculation of interest and other 23 purposes, a month shall be a calendar month and a day shall be 24 considered 1/30th of a month when calculation is made for a 25 fraction of a month. A month shall be 1/12th of a year. A 26 calendar month is that period from a given date in one month to SB3550 - 22 - LRB103 37880 RTM 68011 b SB3550- 23 -LRB103 37880 RTM 68011 b SB3550 - 23 - LRB103 37880 RTM 68011 b SB3550 - 23 - LRB103 37880 RTM 68011 b 1 the same numbered date in the following month, and if there is 2 no same numbered date, to the last day of the following month. 3 When a period of time includes a month and a fraction of a 4 month, the fraction of the month is considered to follow the 5 whole month. In the alternative, for interest-bearing loans, 6 the licensee may charge interest at the rate of 1/365th of the 7 agreed annual rate for each day actually elapsed. 8 (d-5) No licensee or other person may condition an 9 extension of credit to a consumer on the consumer's repayment 10 by preauthorized electronic fund transfers. Payment options, 11 including, but not limited to, electronic fund transfers and 12 Automatic Clearing House (ACH) transactions may be offered to 13 consumers as a choice and method of payment chosen by the 14 consumer. 15 (e) With respect to interest-bearing loans: 16 (1) Interest shall be computed on unpaid principal 17 balances outstanding from time to time, for the time 18 outstanding, until fully paid. Each payment shall be 19 applied first to the accumulated interest and the 20 remainder of the payment applied to the unpaid principal 21 balance; provided however, that if the amount of the 22 payment is insufficient to pay the accumulated interest, 23 the unpaid interest continues to accumulate to be paid 24 from the proceeds of subsequent payments and is not added 25 to the principal balance. 26 (2) Interest shall not be payable in advance or SB3550 - 23 - LRB103 37880 RTM 68011 b SB3550- 24 -LRB103 37880 RTM 68011 b SB3550 - 24 - LRB103 37880 RTM 68011 b SB3550 - 24 - LRB103 37880 RTM 68011 b 1 compounded. However, if part or all of the consideration 2 for a new loan contract is the unpaid principal balance of 3 a prior loan, then the principal amount payable under the 4 new loan contract may include any unpaid interest which 5 has accrued. The unpaid principal balance of a precomputed 6 loan is the balance due after refund or credit of unearned 7 interest as provided in paragraph (f), clause (3). The 8 resulting loan contract shall be deemed a new and separate 9 loan transaction for all purposes. 10 (3) Loans must be fully amortizing and be repayable in 11 substantially equal and consecutive weekly, biweekly, 12 semimonthly, or monthly installments. Notwithstanding this 13 requirement, rates may vary according to an index that is 14 independently verifiable and beyond the control of the 15 licensee. 16 (4) The lender or creditor may, if the contract 17 provides, collect a delinquency or collection charge on 18 each installment in default for a period of not less than 19 10 days in an amount not exceeding 5% of the installment on 20 installments in excess of $200, or $10 on installments of 21 $200 or less, but only one delinquency and collection 22 charge may be collected on any installment regardless of 23 the period during which it remains in default. 24 (f) With respect to precomputed loans: 25 (1) Loans shall be repayable in substantially equal 26 and consecutive weekly, biweekly, semimonthly, or monthly SB3550 - 24 - LRB103 37880 RTM 68011 b SB3550- 25 -LRB103 37880 RTM 68011 b SB3550 - 25 - LRB103 37880 RTM 68011 b SB3550 - 25 - LRB103 37880 RTM 68011 b 1 installments of principal and interest combined, except 2 that the first installment period may be longer than one 3 month by not more than 15 days, and the first installment 4 payment amount may be larger than the remaining payments 5 by the amount of interest charged for the extra days; and 6 provided further that monthly installment payment dates 7 may be omitted to accommodate borrowers with seasonal 8 income. 9 (2) Payments may be applied to the combined total of 10 principal and precomputed interest until the loan is fully 11 paid. Payments shall be applied in the order in which they 12 become due, except that any insurance proceeds received as 13 a result of any claim made on any insurance, unless 14 sufficient to prepay the contract in full, may be applied 15 to the unpaid installments of the total of payments in 16 inverse order. 17 (3) When any loan contract is paid in full by cash, 18 renewal or refinancing, or a new loan, one month or more 19 before the final installment due date, a licensee shall 20 refund or credit the obligor with the total of the 21 applicable interest for all fully unexpired installment 22 periods, as originally scheduled or as deferred, which 23 follow the day of prepayment; provided, if the prepayment 24 occurs prior to the first installment due date, the 25 licensee may retain 1/30 of the applicable interest for a 26 first installment period of one month for each day from SB3550 - 25 - LRB103 37880 RTM 68011 b SB3550- 26 -LRB103 37880 RTM 68011 b SB3550 - 26 - LRB103 37880 RTM 68011 b SB3550 - 26 - LRB103 37880 RTM 68011 b 1 the date of the loan to the date of prepayment, and shall 2 refund or credit the obligor with the balance of the total 3 interest contracted for. If the maturity of the loan is 4 accelerated for any reason and judgment is entered, the 5 licensee shall credit the borrower with the same refund as 6 if prepayment in full had been made on the date the 7 judgment judgement is entered. 8 (4) The lender or creditor may, if the contract 9 provides, collect a delinquency or collection charge on 10 each installment in default for a period of not less than 11 10 days in an amount not exceeding 5% of the installment on 12 installments in excess of $200, or $10 on installments of 13 $200 or less, but only one delinquency or collection 14 charge may be collected on any installment regardless of 15 the period during which it remains in default. 16 (5) If the parties agree in writing, either in the 17 loan contract or in a subsequent agreement, to a deferment 18 of wholly unpaid installments, a licensee may grant a 19 deferment and may collect a deferment charge as provided 20 in this Section. A deferment postpones the scheduled due 21 date of the earliest unpaid installment and all subsequent 22 installments as originally scheduled, or as previously 23 deferred, for a period equal to the deferment period. The 24 deferment period is that period during which no 25 installment is scheduled to be paid by reason of the 26 deferment. The deferment charge for a one-month one month SB3550 - 26 - LRB103 37880 RTM 68011 b SB3550- 27 -LRB103 37880 RTM 68011 b SB3550 - 27 - LRB103 37880 RTM 68011 b SB3550 - 27 - LRB103 37880 RTM 68011 b 1 period may not exceed the applicable interest for the 2 installment period immediately following the due date of 3 the last undeferred payment. A proportionate charge may be 4 made for deferment for periods of more or less than one 5 month. A deferment charge is earned pro rata during the 6 deferment period and is fully earned on the last day of the 7 deferment period. Should a loan be prepaid in full during 8 a deferment period, the licensee shall credit to the 9 obligor a refund of the unearned deferment charge in 10 addition to any other refund or credit made for prepayment 11 of the loan in full. 12 (6) If 2 two or more installments are delinquent one 13 full month or more on any due date, and if the contract so 14 provides, the licensee may reduce the unpaid balance by 15 the refund credit which would be required for prepayment 16 in full on the due date of the most recent maturing 17 installment in default. Thereafter, and in lieu of any 18 other default or deferment charges, the agreed rate of 19 interest may be charged on the unpaid balance until fully 20 paid. 21 (7) Fifteen days after the final installment as 22 originally scheduled or deferred, the licensee, for any 23 loan contract which has not previously been converted to 24 interest-bearing under paragraph (f), clause (6), may 25 compute and charge interest on any balance remaining 26 unpaid, including unpaid default or deferment charges, at SB3550 - 27 - LRB103 37880 RTM 68011 b SB3550- 28 -LRB103 37880 RTM 68011 b SB3550 - 28 - LRB103 37880 RTM 68011 b SB3550 - 28 - LRB103 37880 RTM 68011 b 1 the agreed rate of interest until fully paid. At the time 2 of payment of said final installment, the licensee shall 3 give notice to the obligor stating any amounts unpaid. 4 (Source: P.A. 101-563, eff. 8-23-19; 101-658, eff. 3-23-21.) 5 (205 ILCS 670/20.5) 6 Sec. 20.5. Cease and desist. 7 (a) The Director may issue a cease and desist order to any 8 licensee, or other person or entity doing business without the 9 required license, when in the opinion of the Director, the 10 licensee, or other person or entity, has violated, is 11 violating, or is about to violate any provision of this Act or 12 any rule or requirement imposed in writing by the Department 13 as a condition of granting any authorization permitted by this 14 Act. 15 (b) The Director may issue a cease and desist order prior 16 to a hearing. 17 (c) The Director shall serve notice of his or her action, 18 designated as a cease and desist order made pursuant to this 19 Section, including a statement of the reasons for the action, 20 either personally or by certified mail, return receipt 21 requested. Service by certified mail shall be deemed completed 22 when the notice is deposited in the U.S. mail. 23 (d) Within 15 days of service of the cease and desist 24 order, the licensee or other person may request, in writing, a 25 hearing. SB3550 - 28 - LRB103 37880 RTM 68011 b SB3550- 29 -LRB103 37880 RTM 68011 b SB3550 - 29 - LRB103 37880 RTM 68011 b SB3550 - 29 - LRB103 37880 RTM 68011 b 1 (e) The Director shall schedule a preliminary hearing 2 within 30 days after the request for a hearing unless 3 otherwise agreed to by the parties. 4 (f) The Director shall have the authority to prescribe 5 rules for the administration of this Section. 6 (g) If it is determined that the Director had the 7 authority to issue the cease and desist order, he or she may 8 issue such orders as may be reasonably necessary to correct, 9 eliminate, or remedy such conduct. 10 (h) The powers vested in the Director by this Section are 11 additional to any and all other powers and remedies vested in 12 the Director by law, and nothing in this Section shall be 13 construed as requiring that the Director shall employ the 14 power conferred in this Section instead of or as a condition 15 precedent to the exercise of any other power or remedy vested 16 in the Director. 17 (i) The cost for the administrative hearing shall be set 18 by rule. 19 (Source: P.A. 90-437, eff. 1-1-98.) 20 Section 35. The Collection Agency Act is amended by 21 changing Section 13.2 as follows: 22 (205 ILCS 740/13.2) (was 225 ILCS 425/13.2) 23 (Section scheduled to be repealed on January 1, 2026) 24 Sec. 13.2. Powers and duties of Department. The Department SB3550 - 29 - LRB103 37880 RTM 68011 b SB3550- 30 -LRB103 37880 RTM 68011 b SB3550 - 30 - LRB103 37880 RTM 68011 b SB3550 - 30 - LRB103 37880 RTM 68011 b 1 shall exercise the powers and duties prescribed by the 2 Financial Institutions Act Code for the administration of 3 licensing Acts and shall exercise such other powers and duties 4 necessary for effectuating the purposes of this Act. 5 Subject to the provisions of this Act, the Department may: 6 (1) Conduct hearings on proceedings to refuse to issue 7 or renew or to revoke licenses or suspend, place on 8 probation, or reprimand persons licensed under this Act. 9 (2) To adopt rules consistent with the purposes of 10 this Act, including, but not limited to: (i) rules in 11 connection with the activities of collection agencies as 12 may be necessary and appropriate for the protection of 13 consumers in this State; (ii) rules as may be necessary 14 and appropriate to define and enforce against improper or 15 fraudulent business practices in connection with the 16 activities of collection agencies; (iii) rules that define 17 the terms used in this Act and as may be necessary and 18 appropriate to interpret and implement the provisions of 19 this Act; and (iv) rules as may be necessary for the 20 enforcement of this Act. 21 (3) Obtain written recommendations from the Board 22 regarding standards of professional conduct, formal 23 disciplinary actions and the formulation of rules 24 affecting these matters. Notice of proposed rulemaking 25 shall be transmitted to the Board and the Department shall 26 review the response of the Board and any recommendations SB3550 - 30 - LRB103 37880 RTM 68011 b SB3550- 31 -LRB103 37880 RTM 68011 b SB3550 - 31 - LRB103 37880 RTM 68011 b SB3550 - 31 - LRB103 37880 RTM 68011 b 1 made in the response. The Department may solicit the 2 advice of the Board on any matter relating to the 3 administration and enforcement of this Act. 4 (4) (Blank). 5 (Source: P.A. 102-975, eff. 1-1-23.) 6 Section 40. The Payday Loan Reform Act is amended by 7 changing Section 4-10 as follows: 8 (815 ILCS 122/4-10) 9 Sec. 4-10. Enforcement and remedies. 10 (a) The remedies provided in this Act are cumulative and 11 apply to persons or entities subject to this Act. 12 (b) Any material violation of this Act, including the 13 commission of an act prohibited under Section 4-5, constitutes 14 a violation of the Consumer Fraud and Deceptive Business 15 Practices Act. 16 (c) If any provision of the written agreement described in 17 subsection (b) of Section 2-20 violates this Act, then that 18 provision is unenforceable against the consumer. 19 (d) Subject to the Illinois Administrative Procedure Act, 20 the Secretary may hold hearings, make findings of fact, 21 conclusions of law, issue cease and desist orders, have the 22 power to issue fines of up to $10,000 per violation, refer the 23 matter to the appropriate law enforcement agency for 24 prosecution under this Act, and suspend or revoke a license SB3550 - 31 - LRB103 37880 RTM 68011 b SB3550- 32 -LRB103 37880 RTM 68011 b SB3550 - 32 - LRB103 37880 RTM 68011 b SB3550 - 32 - LRB103 37880 RTM 68011 b 1 granted under this Act. All proceedings shall be open to the 2 public. 3 (e) The Secretary may issue a cease and desist order to any 4 licensee or other person or entity doing business without the 5 required license, when in the opinion of the Secretary the 6 licensee or other person or entity has violated, is violating, 7 or is about to violate any provision of this Act or any rule or 8 requirement imposed in writing by the Department as a 9 condition of granting any authorization permitted by this Act. 10 The cease and desist order permitted by this subsection (e) 11 may be issued prior to a hearing. 12 The Secretary shall serve notice of his or her action, 13 including, but not limited to, a statement of the reasons for 14 the action, either personally or by certified mail, return 15 receipt requested. Service by certified mail shall be deemed 16 completed when the notice is deposited in the U.S. Mail. 17 Within 10 days of service of the cease and desist order, 18 the licensee or other person may request a hearing in writing. 19 The Secretary shall schedule a hearing within 30 days after 20 the request for a hearing unless otherwise agreed to by the 21 parties. 22 If it is determined that the Secretary had the authority 23 to issue the cease and desist order, he or she may issue such 24 orders as may be reasonably necessary to correct, eliminate, 25 or remedy the conduct. 26 The powers vested in the Secretary by this subsection (e) SB3550 - 32 - LRB103 37880 RTM 68011 b SB3550- 33 -LRB103 37880 RTM 68011 b SB3550 - 33 - LRB103 37880 RTM 68011 b SB3550 - 33 - LRB103 37880 RTM 68011 b 1 are additional to any and all other powers and remedies vested 2 in the Secretary by law, and nothing in this subsection (e) 3 shall be construed as requiring that the Secretary shall 4 employ the power conferred in this subsection instead of or as 5 a condition precedent to the exercise of any other power or 6 remedy vested in the Secretary. 7 (f) The Secretary may, after 10 days notice by registered 8 mail to the licensee at the address set forth in the license 9 stating the contemplated action and in general the grounds 10 therefore, fine a the licensee or other person or entity doing 11 business without the required license an amount not exceeding 12 $10,000 per violation, or revoke or suspend any license issued 13 hereunder if he or she finds that: 14 (1) the licensee has failed to comply with any 15 provision of this Act or any order, decision, finding, 16 rule, regulation, or direction of the Secretary lawfully 17 made pursuant to the authority of this Act; or 18 (2) any fact or condition exists which, if it had 19 existed at the time of the original application for the 20 license, clearly would have warranted the Secretary in 21 refusing to issue the license. 22 The Secretary may fine, suspend, or revoke only the 23 particular license with respect to which grounds for the fine, 24 revocation, or suspension occur or exist, but if the Secretary 25 finds that grounds for revocation are of general application 26 to all offices or to more than one office of the licensee, the SB3550 - 33 - LRB103 37880 RTM 68011 b SB3550- 34 -LRB103 37880 RTM 68011 b SB3550 - 34 - LRB103 37880 RTM 68011 b SB3550 - 34 - LRB103 37880 RTM 68011 b 1 Secretary shall fine, suspend, or revoke every license to 2 which the grounds apply. 3 The Department shall establish by rule and publish a 4 schedule of fines that are reasonably tailored to ensure 5 compliance with the provisions of this Act and which include 6 remedial measures intended to improve licensee compliance. 7 Such rules shall set forth the standards and procedures to be 8 used in imposing any such fines and remedies. 9 No revocation, suspension, or surrender of any license 10 shall impair or affect the obligation of any pre-existing 11 lawful contract between the licensee and any obligor. 12 The Secretary may issue a new license to a licensee whose 13 license has been revoked when facts or conditions which 14 clearly would have warranted the Secretary in refusing 15 originally to issue the license no longer exist. 16 In every case in which a license is suspended or revoked or 17 an application for a license or renewal of a license is denied, 18 the Secretary shall serve the licensee or other person or 19 entity doing business without the required license with notice 20 of his or her action, including a statement of the reasons for 21 his or her actions, either personally, or by certified mail, 22 return receipt requested. Service by certified mail shall be 23 deemed completed when the notice is deposited in the U.S. 24 Mail. 25 An order assessing a fine, an order revoking or suspending 26 a license, or an order denying renewal of a license shall take SB3550 - 34 - LRB103 37880 RTM 68011 b SB3550- 35 -LRB103 37880 RTM 68011 b SB3550 - 35 - LRB103 37880 RTM 68011 b SB3550 - 35 - LRB103 37880 RTM 68011 b 1 effect upon service of the order unless the licensee requests 2 a hearing, in writing, within 10 days after the date of 3 service. In the event a hearing is requested, the order shall 4 be stayed until a final administrative order is entered. 5 If the licensee requests a hearing, the Secretary shall 6 schedule a preliminary hearing within 30 days after the 7 request for a hearing unless otherwise agreed to by the 8 parties. 9 The hearing shall be held at the time and place designated 10 by the Secretary. The Secretary and any administrative law 11 judge designated by him or her shall have the power to 12 administer oaths and affirmations, subpoena witnesses and 13 compel their attendance, take evidence, and require the 14 production of books, papers, correspondence, and other records 15 or information that he or she considers relevant or material 16 to the inquiry. 17 (g) The costs of administrative hearings conducted 18 pursuant to this Section shall be paid by the licensee. 19 (h) Notwithstanding any other provision of this Section, 20 if a lender who does not have a license issued under this Act 21 makes a loan pursuant to this Act to an Illinois consumer, then 22 the loan shall be null and void and the lender who made the 23 loan shall have no right to collect, receive, or retain any 24 principal, interest, or charges related to the loan. 25 (Source: P.A. 97-1039, eff. 1-1-13; 98-209, eff. 1-1-14.) 26 Section 99. Effective date. This Act takes effect upon SB3550 - 35 - LRB103 37880 RTM 68011 b SB3550- 36 -LRB103 37880 RTM 68011 b SB3550 - 36 - LRB103 37880 RTM 68011 b SB3550 - 36 - LRB103 37880 RTM 68011 b 1 becoming law. SB3550- 37 -LRB103 37880 RTM 68011 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 SB3550- 38 -LRB103 37880 RTM 68011 b SB3550- 37 -LRB103 37880 RTM 68011 b SB3550 - 37 - LRB103 37880 RTM 68011 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 SB3550- 38 -LRB103 37880 RTM 68011 b SB3550 - 38 - LRB103 37880 RTM 68011 b SB3550- 37 -LRB103 37880 RTM 68011 b SB3550 - 37 - LRB103 37880 RTM 68011 b SB3550 - 37 - LRB103 37880 RTM 68011 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 SB3550- 38 -LRB103 37880 RTM 68011 b SB3550 - 38 - LRB103 37880 RTM 68011 b SB3550 - 38 - LRB103 37880 RTM 68011 b SB3550 - 36 - LRB103 37880 RTM 68011 b SB3550- 37 -LRB103 37880 RTM 68011 b SB3550 - 37 - LRB103 37880 RTM 68011 b SB3550 - 37 - LRB103 37880 RTM 68011 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 SB3550 - 37 - LRB103 37880 RTM 68011 b SB3550- 38 -LRB103 37880 RTM 68011 b SB3550 - 38 - LRB103 37880 RTM 68011 b SB3550 - 38 - LRB103 37880 RTM 68011 b SB3550 - 38 - LRB103 37880 RTM 68011 b