HB3332sam001 99TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/5/2015

09900HB3332sam001 LRB099 00381 MLM 35146 a

AMENDMENT TO HOUSE BILL 3332

AMENDMENT NO. ______. Amend House Bill 3332 as follows:

on page 2, line 4, by replacing "8b" with "8b,"; and

on page 2, line 5, after "9.4," by inserting "9.5,"; and

on page 2, line 6, after "24," by inserting "25,"; and

on page 2, by replacing lines 12 through 15 with:

"by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change"; and

on page 3, line 16, by replacing "natural" with "natural"; and

on page 4, line 17, by replacing "Registered" with "Licensed"; and

on page 4, line 18, by replacing "registered" with "licensed"; and

on page 9, line 11, by replacing "registered" with "licensed registered"; and

on page 10, line 9, by replacing "registering" with "obtaining a license registering"; and

on page 12, line 8, by replacing "license" with "an original license"; and

on page 13, line 5, by replacing "certificate or a renewal certificate" with "license or a renewal license certificate or a renewal certificate"; and

on page 13, line 14, by replacing "registrant" with "licensee or registrant"; and

on page 13, line 15, by replacing "certificates" with "licenses or certificates"; and

on page 14, line 14, by replacing "certificate of registration" with "license certificate of registration"; and

on page 14, by replacing lines 17 and 18 with the following:

"termination date of the prior bond. If a license certificate of registration has been cancelled under this Section, the agency"; and

on page 18, by replacing lines 21 through 24 with the following:

"deem proper, including fines not to exceed $5,000 for a first violation and not to exceed $10,000 per violation for a second or subsequent violation, for any one or any combination of the"; and

on page 20, line 23, by replacing "registrant licensee" with "licensee"; and

on page 36, immediately below line 3, by inserting the following:

"(225 ILCS 425/9.5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.5. Statute of limitations. No action may be filed against any licensee registrant for violation of the terms of this Act or its rules unless the action is commenced within 5 years after the occurrence of the alleged violation. A continuing violation will be deemed to have occurred on the date when the circumstances first existed which gave rise to the alleged continuing violation.

(Source: P.A. 89-387, eff. 1-1-96.)"; and

on page 38, line 2, by replacing "registered" with "licensed registered"; and

on page 38, line 5, by replacing "registered" with "licensed registered";and

on page 40, line 20, by replacing "registrations" with "licenses"; and

on page 40, line 21, by replacing "registered" with "licensed"; and

on page 41, by replacing line 11 with the following:

"licensees, and all persons whose licenses have been"; and

on page 44, line 17, by replacing "registration," with "license,"; and

on page 45, line 16, by replacing "certificate of registration" with "license certificate of registration"; and

on page 50, line 17, by replacing "certificate of registration" with "license certificate of registration"; and

on page 52, by replacing lines 1 through 14 with the following:

"(225 ILCS 425/24)

(Section scheduled to be repealed on January 1, 2016)

Sec. 24. Restoration of license from discipline certificate of registration. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of any license certificate of registration, the Department may restore the license certificate of registration to the licensee, accused person upon the written recommendation of the Board, unless after an investigation and a hearing the Secretary Board 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. 89-387, eff. 1-1-96.)

(225 ILCS 425/25)

(Section scheduled to be repealed on January 1, 2016)

Sec. 25. Surrender of license certificate of registration. Upon the revocation or suspension of any license, certificate of registration the licensee registrant shall immediately surrender the license certificate of registration to the Department. If the licensee registrant fails to do so, the Department shall have the right to seize the license certificate of registration.

(Source: P.A. 89-387, eff. 1-1-96.)"; and

by replacing line 15 on page 53 through line 17 of page 54 with the following:

"(225 ILCS 425/30 new)

Sec. 30. Expiration, renewal, and restoration of license. The expiration date and renewal period for each license shall be set by rule. A collection agency whose license has expired may reinstate its license at any time within 5 years after the expiration thereof, by making a renewal application and by paying the required fee.

However, any licensed collection agency whose license has expired while the individual licensed or while a shareholder, partner, or member owning 50% or more of the interest in the collection agency whose license has expired while he or she was (i) on active duty with the Armed Forces of the United States or called into service or training by the State militia; or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license renewed, restored, or reinstated without paying any lapsed renewal fee, restoration fee, or reinstatement fee if, within 2 years after termination of the service, training, or education, he or she furnishes the Department with satisfactory evidence of service, training, or education and it has been terminated under honorable conditions.

Any collection agency whose license has expired for more than 5 years may have it restored by applying to the Department, paying the required fee, and filing acceptable proof of fitness to have the license restored as set by rule."; and

on page 54, line 25, by replacing "unregistered" with "unlicensed"; and

on page 55, line 1, by replacing "registration" with "license"; and

on page 55, by replacing lines 7 through 12 with the following: "terminate the license or deny the application, without hearing. If, after the termination or denial, the entity seeks a license, it shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license"; and

on page 55, line 18, by replacing "Unregistered" with "Unlicensed"; and

on page 56, by replacing lines 3 through 16 with the following:

"(225 ILCS 425/45 new)

Sec. 45. Summary suspension of license. The Secretary may summarily suspend the license of a licensed collection agency without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 16 of this Act, if the Secretary finds that evidence in the Secretary's possession indicates that the continuation of practice by a licensed collection agency would constitute an imminent danger to the public. In the event that the Secretary summarily suspends the license of a licensed collection agency without a hearing, a hearing must be commenced within 30 days after the suspension has occurred and concluded as expeditiously as practical."; and

on page 57, by replacing lines 2 and 3 with the following: "a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and"; and

on page 57, by replacing lines 15 and 16 with the following: "against the licensee by the Department or any order issued by the Department against a licensee or applicant shall be a".