HB3554ham002 104TH GENERAL ASSEMBLY

Rep. Margaret Croke

Filed: 3/31/2025

10400HB3554ham002 LRB104 12039 BAB 24441 a

AMENDMENT TO HOUSE BILL 3554

AMENDMENT NO. ______. Amend House Bill 3554 on page 2, line 2, after "11,", by inserting "13.1,"; and

on page 2, line 3, after "23,", by inserting "24,"; and

on page 2, by replacing lines 18 and 19 with the following:

""Collection agency" means any person who, in the ordinary course of business, regularly, : (1) engages in the"; and

on page 11, by replacing lines 14 and 15 with "penalty shall be assessed by the Department after a hearing is held in accordance with"; and

on page 20, immediately above line 25, by inserting the following:

"(205 ILCS 740/13.1) (was 225 ILCS 425/13.1)

(Section scheduled to be repealed on January 1, 2026)

Sec. 13.1. Annual meeting between debt collection industry and the Department Collection Agency Licensing and Disciplinary Board; members; qualifications; duties. The Department shall, if requested to do so by at least 20 interested persons or an association representing at least 20 interested persons, meet at least once per calendar year with representatives of the debt collection industry to discuss developments in the lawful collection of debt and issues confronting the Department in its regulation and discipline of collection agencies.

(a) There is created in the Department the Collection Agency Licensing and Disciplinary Board composed of 7 members appointed by the Secretary. Five members of the Board shall be employed in a collection agency licensed under this Act and 2 members of the Board shall represent the general public, shall not be employed by or possess an ownership interest in any collection agency licensed under this Act, and shall have no family or business connection with the practice of collection agencies.

(b) Each of the members appointed to the Board, except for the public members, shall have at least 5 years of active collection agency experience.

(c) The Board shall annually elect a chairperson from among its members. The members of the Board shall receive no compensation for their services, but shall be reimbursed for their necessary expenses as authorized by the Department while engaged in their duties.

(d) Members shall serve for a term of 4 years and until their successors are appointed and qualified. No Board member shall be appointed to more than 2 full consecutive terms. A partial term of more than 2 years shall be considered a full term. Appointments to fill vacancies for the unexpired portion of a vacated term shall be made in the same manner as original appointments. All members shall serve until their successors are appointed and qualified.

(e) The Secretary may remove any member of the Board for cause at any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause.

(f) The majority of the Board shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the duties of the Board.

(g) Members of the Board shall have no liability in any action based upon any disciplinary proceeding or other activity performed in good faith as a member of the Board.

(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)"; and

on page 27, by replacing lines 14 through 21 with: "have full authority to conduct the hearing. A Board member or members may, but are not required to, attend hearings. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Secretary and to all the parties to the proceeding Board. The Board shall review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary and to all parties to the proceeding. If the Secretary disagrees with the recommendation"; and

on page 28, immediately below line 12, by inserting the following:

"(205 ILCS 740/24) (was 225 ILCS 425/24)

(Section scheduled to be repealed on January 1, 2026)

Sec. 24. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of any license, the Department may restore the license to the licensee, upon the written recommendation of the Board, unless after an investigation and a hearing the Secretary determines that restoration is not in the public interest. No person whose license or authority has been revoked as authorized in this Act may apply for restoration of that license or authority until such time as provided for in the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(Source: P.A. 99-227, eff. 8-3-15.)"; and

on page 29, by deleting line 16; and

on page 29, line 18, by replacing "Sections 3 and 13.1" with "Section 3".