Full Text of SB2144 94th General Assembly
SB2144sam003 94TH GENERAL ASSEMBLY
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Sen. Mike Jacobs
Filed: 2/7/2006
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| AMENDMENT TO SENATE BILL 2144
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| AMENDMENT NO. ______. Amend Senate Bill 2144 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the
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| Collateral Recovery Act. | 6 |
| Section 5. Findings; purpose. The General Assembly finds | 7 |
| that collateral recovery practices affect public health, | 8 |
| safety, and welfare and declares that the purpose of this Act | 9 |
| is to regulate individuals and entities engaged in the business | 10 |
| of collateral recovery for the protection of the public. | 11 |
| Section 10. Definitions. In this Act: | 12 |
| "Assignment" means a written authorization by a legal | 13 |
| owner, lien holder, or lessor to locate or repossess any | 14 |
| collateral, including, but not limited to, collateral | 15 |
| registered under the Illinois Vehicle Code that is subject to a | 16 |
| security agreement that contains a repossession clause. | 17 |
| "Assignment" also means a written authorization by an employer | 18 |
| to recover any collateral entrusted to an employee or former | 19 |
| employee if the possessor is wrongfully in the possession of | 20 |
| the collateral. A photocopy, facsimile copy, or electronic copy | 21 |
| of an assignment shall have the same force and effect as an | 22 |
| original written assignment. | 23 |
| "Board" means the Illinois Repossession and Recovery |
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| Board. | 2 |
| "Certified recovery manager" means a person who possesses a | 3 |
| valid certificate in accordance with the provisions of this Act | 4 |
| and is in active control or management of a repossession | 5 |
| agency. | 6 |
| "Collateral" means any vehicle, boat, recreational | 7 |
| vehicle, motor home, motorcycle, or other property that is | 8 |
| subject to a security agreement. | 9 |
| "Contingency" means contingent upon recovering collateral | 10 |
| "Debtor" means any person obligated under a security | 11 |
| agreement. | 12 |
| "Department" means the Department of Financial and | 13 |
| Professional Regulation. | 14 |
| "Legal owner" means a person holding (i) a security | 15 |
| interest in any collateral that is subject to a security | 16 |
| agreement, (ii) a lien against any collateral, or (iii) an | 17 |
| interest in any collateral that is subject to a lease | 18 |
| agreement. | 19 |
| "Licensee" means an individual, partnership, limited | 20 |
| liability company, or corporation licensed under this Act. | 21 |
| "Personal effects" means any property contained within | 22 |
| repossessed collateral that is not the property of the legal | 23 |
| owner. | 24 |
| "Repossession agency" means any person or entity that, for | 25 |
| any type of consideration, engages in the business of, accepts | 26 |
| employment to furnish, or agrees to provide property locating | 27 |
| services, property recovery, recovered property | 28 |
| transportation, recovered property storage, or all services | 29 |
| relevant to any of the following: | 30 |
| (1) The location, disposition, or recovery of property | 31 |
| as authorized by the self-help provisions of the Uniform | 32 |
| Commercial Code. | 33 |
| (2) Inventory of property contained in the collateral | 34 |
| or recovered property. |
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| (3) The possession of collateral. | 2 |
| (4) The prevention or concealment of chattel, | 3 |
| vehicles, goods, or objects. | 4 |
| "Repossession agency" does not include any of the following: | 5 |
| (1) An attorney at law who is performing his or her | 6 |
| duties as an attorney at law. | 7 |
| (2) The legal owner of collateral that is subject to a | 8 |
| security agreement. | 9 |
| (3) An officer or employee of the United States of | 10 |
| America or of this State or a political subdivision of this | 11 |
| State, while the officer or employee is engaged in the | 12 |
| performance of his or her official duties. | 13 |
| (4) A qualified certificate holder or a registrant when | 14 |
| performing services for, or on behalf of, a licensee. | 15 |
| "Repossession agency employee" means a person who is hired | 16 |
| by a licensed repossession agency to recover property and who | 17 |
| holds a permanent employee registration card in accordance with | 18 |
| the provisions of this Act. | 19 |
| "Secretary" means the Secretary of Financial and | 20 |
| Professional Regulation. | 21 |
| "Security agreement" means an obligation, pledge, | 22 |
| mortgage, chattel mortgage, lease agreement, deposit, or lien, | 23 |
| given by a debtor as security for payment or performance of his | 24 |
| or her debt, by furnishing the creditor with a recourse to be | 25 |
| used in case of failure in the principal obligation. "Security | 26 |
| agreement" includes a bailment where an employer-employee | 27 |
| relationship exists or existed between the bailor and the | 28 |
| bailee. | 29 |
| Section 15. Illinois Repossession and Recovery Board. | 30 |
| (a) There is established within the Department, the | 31 |
| Illinois Repossession and Recovery Board. The Board shall be | 32 |
| composed of 7 members appointed by the Governor who shall serve | 33 |
| in an advisory capacity to the Department. The Board shall |
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| elect a chairperson and a vice chairperson. | 2 |
| (b) In appointing members of the Board, the Governor shall | 3 |
| give due consideration to recommendations by members of the | 4 |
| collateral recovery profession and by statewide organizations | 5 |
| solely representing the interests of repossession agencies and | 6 |
| collateral recovery managers.
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| (c) Board members shall be appointed for terms of 4 years, | 8 |
| except that any person appointed to fill a vacancy shall serve | 9 |
| only for the unexpired term and until a successor is appointed | 10 |
| and qualified. No member shall be reappointed to the Board for | 11 |
| a term that would result in the member serving for more than 8 | 12 |
| consecutive years. | 13 |
| (d) The membership of the Board shall reasonably reflect | 14 |
| representation from various geographic areas of the State. | 15 |
| (e) A majority of the Board members currently appointed | 16 |
| shall constitute a quorum. A vacancy in the membership of the | 17 |
| Board shall not impair the right of a quorum to exercise all | 18 |
| the rights and perform all the duties of the Board, except in | 19 |
| cases of willful or wanton misconduct. | 20 |
| (f) Members of the Board shall be immune from suit in any | 21 |
| action based upon any disciplinary proceedings or other | 22 |
| activities performed in good faith as members of the Board. | 23 |
| (g) The Governor may remove any member of the Board for any | 24 |
| cause that, in the opinion of the Secretary, reasonably | 25 |
| justifies termination.
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| (h) The Department shall, in conformity with the Personnel | 27 |
| Code, employ all staff, clerical and otherwise, as are | 28 |
| necessary to carry out the duties of the Board. | 29 |
| (i) Board members shall not be compensated, but shall be | 30 |
| reimbursed for all legitimate, necessary, and authorized | 31 |
| expenses from funds appropriated for that purpose. | 32 |
| Section 20. Rulemaking; enforcement. The Board may adopt | 33 |
| any rules and procedures necessary to administer the provisions |
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| of this Act and shall work in conjunction with the Secretary of | 2 |
| State Police in adopting any rules and procedures necessary to | 3 |
| enforce the provisions of this Act. | 4 |
| Section 25. Licensure, certification, or registration | 5 |
| required.
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| (a) Six months after the effective date of this Act, it | 7 |
| shall be unlawful for any person or entity to practice, attempt | 8 |
| to practice, or to hold himself, herself, or itself out to be a | 9 |
| repossession agency unless licensed under this Act. | 10 |
| (b) It shall be unlawful for any person to practice, | 11 |
| attempt to practice, or to hold himself or herself out to be a | 12 |
| certified recovery manager unless certified under this Act. | 13 |
| (c) It shall be unlawful for any person to practice, | 14 |
| attempt to practice, or hold himself or herself out to be a | 15 |
| repossession agency employee unless he or she holds a valid | 16 |
| permanent employee registration card issued by the Department | 17 |
| under the the provisions of this Act. | 18 |
| Section 30. Application for repossession agency licensure. | 19 |
| (a) Application for original licensure as a repossession | 20 |
| agency shall be made to the Department in writing on forms | 21 |
| prescribed by the Department and shall be accompanied by the | 22 |
| appropriate documentation and the required fee, which fee is | 23 |
| nonrefundable. | 24 |
| (b) Every application shall state, in addition to any other | 25 |
| requirements, (i) the name of the applicant, (ii) the name | 26 |
| under which the applicant will do business, (iii) the proposed | 27 |
| location of the agency by number and street and city, and (iv) | 28 |
| the usual business hours that the agency will maintain. The | 29 |
| residential address and telephone number and the driver's | 30 |
| license number of each applicant, if requested, shall be | 31 |
| confidential and may not be released to the public. | 32 |
| (c) No license may be issued in (i) any fictitious name |
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| that may be confused with or is similar to any federal, State, | 2 |
| county, or municipal government function or agency, (ii) any | 3 |
| name that may tend to describe any business function or | 4 |
| enterprise not actually engaged in by the applicant, (iii) any | 5 |
| name that is the same as or similar to any existing licensee as | 6 |
| would tend to deceive the public, or (iv) any name that would | 7 |
| tend to be deceptive or misleading. | 8 |
| (d) If the applicant for repossession agency licensure is | 9 |
| an individual, his or her application shall include (i) the | 10 |
| full residential address of the applicant and (ii) either the | 11 |
| sworn statement of the applicant declaring that he or she is | 12 |
| the certified recovery manager who shall be personally and | 13 |
| actively in charge of the agency for which the license is | 14 |
| sought or the name and sworn statement of the certified | 15 |
| recovery manager who shall be actively in charge of the agency. | 16 |
| (e) If the applicant for repossession agency licensure is a | 17 |
| partnership, the application shall include (i) a statement of | 18 |
| the names and full residential addresses of all partners in the | 19 |
| business and (ii) the sworn statement signed by each partner | 20 |
| verifying the name of the partner who is a certified recovery | 21 |
| manager and shall be actively in charge of the business or the | 22 |
| name of the certified recovery manager who is not a partner, | 23 |
| but shall be actively in charge of the agency. If a certified | 24 |
| recovery manager who is not a partner shall be actively in | 25 |
| charge of the agency, he or she must also sign the sworn | 26 |
| statement. The application shall also state whether any of the | 27 |
| partners has ever used an alias. | 28 |
| (f) If the applicant for repossession agency licensure is a | 29 |
| corporation, the application shall include (i) the names and | 30 |
| full residential addresses of all corporation officers and (ii) | 31 |
| a sworn statement signed by a duly authorized officer of the | 32 |
| corporation verifying the name of the officer who is a | 33 |
| certified recovery manager and shall be actively in charge of | 34 |
| the agency or the name of the certified recovery manager who is |
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| not an officer, but shall be actively in charge of the agency. | 2 |
| If a certified recovery manager who is not an officer shall be | 3 |
| actively in charge of the agency, he or she must also sign the | 4 |
| sworn statement. The application shall also state whether any | 5 |
| of the officers has ever used an alias. | 6 |
| (g) If the applicant for repossession agency licensure is a | 7 |
| limited liability company, the application shall include (i) | 8 |
| the names and full residential addresses of all company owners | 9 |
| and (ii) a sworn statement signed by each owner verifying the | 10 |
| name of the owner who is a certified recovery manager and shall | 11 |
| be actively in charge of the agency or the name of the | 12 |
| certified recovery manager who is not an owner, but shall be | 13 |
| actively in charge of the agency. If a certified recovery | 14 |
| manager who is not an owner shall be actively in charge of the | 15 |
| agency, he or she must also sign the sworn statement. The | 16 |
| application shall also state whether any of the owners has ever | 17 |
| used an alias. | 18 |
| (h) Each individual, partner of a partnership, officer of a | 19 |
| corporation, or owner of a limited liability company shall | 20 |
| submit with the application, one form of personal | 21 |
| identification upon which shall appear a photograph taken | 22 |
| within one year immediately proceeding the date of the filing | 23 |
| of the application. | 24 |
| (i) No examination shall be required for licensure as a | 25 |
| repossession agency by the Department. | 26 |
| (j) The Department may require any additional information | 27 |
| that, in the judgment of the Department, shall enable the | 28 |
| Department to pass on the qualifications of the applicant for | 29 |
| licensure. | 30 |
| (k) Applicants have one year from the date of application | 31 |
| to complete the application process. If the application has not | 32 |
| been completed within one year, the application shall be | 33 |
| denied, the fee shall be forfeited, and the applicant must | 34 |
| reapply and meet the requirements in effect at the time of |
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| reapplication.
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| (l) Nothing in this Section shall permit a domestic or | 3 |
| foreign liability company to be licensed as a repossession | 4 |
| agency. | 5 |
| Section 35. Qualifications for recovery manager; | 6 |
| identification card. | 7 |
| (a) An applicant is qualified for certification as a | 8 |
| recovery manager if that person meets all of the following | 9 |
| requirements: | 10 |
| (1) Is 21 years of age or older. | 11 |
| (2) Has not been convicted in any jurisdiction of any | 12 |
| felony or at least 10 years has passed from the time of | 13 |
| discharge from any sentence imposed for a felony. | 14 |
| (3) Is of good moral character, which is a continuing | 15 |
| requirement of licensure. Conviction of a crime not | 16 |
| included under item (2) of this Section may be used in | 17 |
| determining moral character, but may not operate as an | 18 |
| absolute bar from licensure. | 19 |
| (4) Has not been declared by any court of competent | 20 |
| jurisdiction to be incompetent by reason of mental or | 21 |
| physical defect or disease, unless a declaration of | 22 |
| competency has since occurred. | 23 |
| (5) Is not suffering from habitual drunkenness or | 24 |
| narcotic addiction or dependence. | 25 |
| (6) Has completed no less than 5,000 hours of actual | 26 |
| compensated collateral recovery work as an employee of a | 27 |
| repossession agency located in the State, a financial | 28 |
| institution, or a vehicle dealer in the 3 years immediately | 29 |
| preceding the filing of an application, acceptable proof of | 30 |
| which must be submitted to the Department. | 31 |
| (7) Has submitted to the Department 2 recent | 32 |
| photographs of himself or herself and 2 sets of | 33 |
| fingerprints, which shall be checked against the |
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| fingerprint records on file with the Department of State | 2 |
| Police and the Federal Bureau of Investigation in the | 3 |
| manner set forth in Section 50 of this Act. | 4 |
| (8) Has successfully completed the Certified Asset | 5 |
| Recovery Specialist (C.A.R.S.) national certification | 6 |
| program. | 7 |
| (9) Has not been dishonorably discharged from the Armed | 8 |
| Services of the United States. | 9 |
| (10) Has paid the required application fee. | 10 |
| (b) Upon the issuance of a recovery manager certificate, | 11 |
| the Department shall issue the certificate holder a suitable | 12 |
| pocket identification card that shall include a photograph of | 13 |
| the certificate holder. The identification card must contain | 14 |
| the name of the certificate holder and that of the repossession | 15 |
| agency that employs the certificate holder, in addition to any | 16 |
| other information required by the Department. | 17 |
| Section 40. Repossession agency employee requirements. | 18 |
| (a) All employees of a licensed repossession agency whose | 19 |
| duties include the actual repossession of collateral shall | 20 |
| apply for a permanent employee registration card. The holder of | 21 |
| a repossession agency license issued under this Act, known in | 22 |
| this Section as "employer", may employ in the conduct of the | 23 |
| licensee's business employees under the following provisions: | 24 |
| (1) No person may be issued a permanent employee | 25 |
| registration card who meets any of the following criteria: | 26 |
| (A) Is younger than 21 years of age. | 27 |
| (B) Has been determined by the Department to
be | 28 |
| unfit by reason of conviction of an offense in this or
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| another state, other than a minor traffic offense. The | 30 |
| Department
shall adopt rules for making those | 31 |
| determinations that shall
afford the applicant due | 32 |
| process of law. | 33 |
| (C) Has had a license or permanent employee
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| registration card denied, suspended, or revoked under | 2 |
| this Act. | 3 |
| (D) Has been declared incompetent by any court
of | 4 |
| competent jurisdiction by reason of mental disease or
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| defect and has not been restored. | 6 |
| (E) Has not successfully completed the Certified | 7 |
| Asset Recovery Specialist (C.A.R.S.) national | 8 |
| certification program. | 9 |
| (F) Has been dishonorably discharged from the
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| armed services of the United States. | 11 |
| (2) No person may be employed by a repossession agency | 12 |
| under this
Section until he or she has executed and | 13 |
| furnished to the
employer, on forms furnished by the | 14 |
| Department, a verified
statement to be known as an | 15 |
| "Employee's Statement" setting forth all of the following: | 16 |
| (A) The person's full name, age, and residence
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| address. | 18 |
| (B) The business or occupation engaged in for
the 5 | 19 |
| years immediately before the date of the execution of
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| the statement, the place where the business or | 21 |
| occupation was
engaged in, and the names of employers, | 22 |
| if any. | 23 |
| (C) That the person has not had a license or
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| employee registration denied, revoked, or suspended | 25 |
| under this
Act. | 26 |
| (D) Any conviction of a felony or misdemeanor | 27 |
| within the 10-year period immediately preceding his or | 28 |
| her application for employment. | 29 |
| (E) Any declaration of incompetence by a court
of | 30 |
| competent jurisdiction that has not been restored. | 31 |
| (F) Any dishonorable discharge from the armed
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| services of the United States. | 33 |
| (G) Any other information as may be required by
any | 34 |
| rule of the Department to show the good character,
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| competency, and integrity of the person executing the
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| statement. | 3 |
| (b) Each applicant for a permanent employee registration
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| card shall have his or her fingerprints submitted to the
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| Department of State Police in an electronic format that
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| complies with the form and manner for requesting and
furnishing | 7 |
| criminal history record information as prescribed
by the | 8 |
| Department of State Police. These fingerprints shall
be checked | 9 |
| against the Department of State Police and Federal
Bureau of | 10 |
| Investigation criminal history record databases now
and | 11 |
| hereafter filed. The Department of State Police shall
charge | 12 |
| applicants a fee for conducting the criminal history
records | 13 |
| check, which shall be deposited in the State Police
Services | 14 |
| Fund and shall not exceed the actual cost of the
records check. | 15 |
| The Department of State Police shall furnish,
pursuant to | 16 |
| positive identification, records of Illinois
convictions to | 17 |
| the Department. The Department may require
applicants to pay a | 18 |
| separate fingerprinting fee, either to the
Department or | 19 |
| directly to a designated vendor. The
Department, in its | 20 |
| discretion, may also use other
procedures in performing or | 21 |
| obtaining criminal history records
checks of applicants. | 22 |
| Instead of submitting his or her
fingerprints, an individual | 23 |
| may submit proof that is
satisfactory to the Department that an | 24 |
| equivalent security
clearance has been conducted. | 25 |
| (c) Each applicant for a permanent employee registration
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| card must submit to the Department 2 recent photographs of | 27 |
| himself or herself. | 28 |
| (d) The Department shall issue a permanent employee
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| registration card, in a form the Department prescribes, to all
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| qualified applicants.
The Department shall notify the | 31 |
| submitting licensee within 10 days after receipt of the | 32 |
| application of its intent to issue or deny the permanent | 33 |
| employee registration card. The holder of a permanent employee | 34 |
| registration card shall
carry the card at all times while |
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| actually engaged in the
performance of the duties of his or her | 2 |
| employment.
Expiration and requirements for renewal of | 3 |
| permanent employee
registration cards shall be established by | 4 |
| rule of the
Department. Possession of a permanent employee | 5 |
| registration
card does not in any way imply that the holder of | 6 |
| the card is
employed by an agency unless the permanent employee
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| registration card is accompanied by the employee
| 8 |
| identification card required by subsection (f) of this
Section. | 9 |
| (e) Each employer shall maintain a record of each
employee | 10 |
| that is accessible to the duly authorized
representatives of | 11 |
| the Department. The record shall contain
all of the following | 12 |
| information: | 13 |
| (1) A photograph taken within 10 days after the date
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| that the employee begins employment with the employer. The
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| photograph shall be replaced with a current photograph | 16 |
| every 3
calendar years. | 17 |
| (2) The Employee's Statement specified in
paragraph | 18 |
| (2) of subsection (a) of this Section. | 19 |
| (3) All correspondence or documents relating to the
| 20 |
| character and integrity of the employee received by the
| 21 |
| employer from any official source or law enforcement | 22 |
| agency. | 23 |
| (4) In the case of former employees, the employee
| 24 |
| identification card of that person issued under subsection | 25 |
| (f)
of this Section. | 26 |
| (f) Every employer shall furnish an employee
| 27 |
| identification card to each of his or her employees. This
| 28 |
| employee identification card shall contain a recent photograph
| 29 |
| of the employee, the employee's name, the name and agency
| 30 |
| license number of the employer, the employee's personal
| 31 |
| description, the signature of the employer, the signature of
| 32 |
| that employee, the date of issuance, and an employee
| 33 |
| identification card number. | 34 |
| (g) No employer may issue an employee identification
card |
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| to any person who is not employed by the employer in
accordance | 2 |
| with this Section or falsely state or represent
that a person | 3 |
| is or has been in his or her employ. It is
unlawful for an | 4 |
| applicant for registered employment to file
with the Department | 5 |
| the fingerprints of a person other than
himself or herself or | 6 |
| to fail to exercise due diligence in resubmitting replacement | 7 |
| fingerprints for those employees who have had original | 8 |
| fingerprint submissions returned as unclassifiable. | 9 |
| (h) Every employer shall obtain the identification card of | 10 |
| every employee who terminates employment with the employer. | 11 |
| (i) No agency may employ any person to perform a licensed | 12 |
| activity under this Act unless the person possesses a valid | 13 |
| permanent employee registration card or the person has a valid | 14 |
| license under this Act. | 15 |
| (j) Notwithstanding the provisions of subsection (i) of | 16 |
| this Section, an agency may employ a person in a temporary | 17 |
| capacity if all of the following conditions are met: | 18 |
| (1) The agency completes in its entirety and submits to | 19 |
| the Department an application for a permanent employee | 20 |
| registration card, including the required fingerprint | 21 |
| receipt and fees. | 22 |
| (2) The agency has verification from the Department | 23 |
| that the applicant has no record of any criminal conviction | 24 |
| pursuant to the criminal history records check conducted by | 25 |
| the Department of State Police. The agency shall maintain | 26 |
| the verification of the results of the Department of State | 27 |
| Police criminal history records check as part of the | 28 |
| employee record as required under subsection (e) of this | 29 |
| Section. | 30 |
| (3) The agency exercises due diligence to ensure that | 31 |
| the person is qualified under the requirements of the Act | 32 |
| to be issued a permanent employee registration card. | 33 |
| (4) The agency maintains a separate roster of the names | 34 |
| of all employees whose applications are currently pending |
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| with the Department and submits the roster to the | 2 |
| Department on a monthly basis. Rosters are to be maintained | 3 |
| by the agency for a period of at least 24 months. | 4 |
| An agency may employ only a permanent employee applicant | 5 |
| for which it either submitted a permanent employee application | 6 |
| and all required forms and fees or it confirms with the | 7 |
| Department that a permanent employee application and all | 8 |
| required forms and fees have been submitted by another agency | 9 |
| and all other requirements of this Section are met. | 10 |
| The Department shall have the authority to revoke, without | 11 |
| a hearing, the temporary authority of an individual to work | 12 |
| upon receipt of Federal Bureau of Investigation fingerprint | 13 |
| data or a report of another official authority indicating a | 14 |
| criminal conviction. If the Department has not received a | 15 |
| temporary employee's Federal Bureau of Investigation | 16 |
| fingerprint data within 120 days after the date the Department | 17 |
| received the Department of State Police fingerprint data, the | 18 |
| Department may, at its discretion, revoke the employee's | 19 |
| temporary authority to work with 15 days written notice to the | 20 |
| individual and the employing agency. | 21 |
| An agency may not employ a person in a temporary capacity | 22 |
| if it knows or reasonably should have known that the person has | 23 |
| been convicted of a crime under the laws of this State, has | 24 |
| been convicted in another state of any crime that is a crime | 25 |
| under the laws of this State, has been convicted of any crime | 26 |
| in a federal court, or has been posted as an unapproved | 27 |
| applicant by the Department. Notice by the Department to the | 28 |
| agency, via certified mail, personal delivery, electronic | 29 |
| mail, or posting on an internet site accessible to the agency | 30 |
| that the person has been convicted of a crime shall be deemed | 31 |
| constructive knowledge of the conviction on the part of the | 32 |
| agency. The Department may adopt rules to implement this | 33 |
| subsection (j). | 34 |
| (k) No person may be employed under this Section in any |
|
|
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| capacity if the person while so employed is being paid by the | 2 |
| United States or any political subdivision for the time so | 3 |
| employed in addition to any payments he or she may receive from | 4 |
| the employer. | 5 |
| (l) If information is discovered affecting the | 6 |
| registration of a person whose fingerprints were submitted | 7 |
| under this Section, the Department shall so notify the agency | 8 |
| that submitted the fingerprints on behalf of that person. | 9 |
| (m) A person employed under this Section shall have 15 | 10 |
| business days within which to notify the Department of any | 11 |
| change in employers. Upon notification and payment of the | 12 |
| required fee, the Department shall issue that person a new | 13 |
| permanent employee registration card, provided that the | 14 |
| person's current employer is a licensed repossession agency. | 15 |
| (n) This Section applies only to those employees of | 16 |
| licensed repossession agencies whose duties include actual | 17 |
| repossession of collateral. | 18 |
| Section 45. SSN or FEIN on application. In addition to any | 19 |
| other information required by the Department to be contained in | 20 |
| the application, every application for an original, renewal, or | 21 |
| restored license shall include the applicant's Social Security | 22 |
| Number (SSN) if an individual or Federal Employer | 23 |
| Identification Number (FEIN) if not an individual. The | 24 |
| Department shall not disclose an individual's SSN and must keep | 25 |
| that SSN confidential unless disclosure is required by law. | 26 |
| Section 50. Criminal background check. The Board shall | 27 |
| require that each individual, partner of a partnership, officer | 28 |
| of a corporation, or owner of a limited liability company, as | 29 |
| part of the
application process, authorize a criminal history | 30 |
| records check to determine if such applicant has ever been | 31 |
| charged with a crime and if so, the disposition of those | 32 |
| charges. Upon this authorization, each individual, partner of a |
|
|
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| partnership, officer of a corporation, or owner of a limited | 2 |
| liability company shall submit his or her fingerprints to the | 3 |
| Department of State Police in the form and manner prescribed by | 4 |
| the Department of State Police. These fingerprints shall be | 5 |
| checked against the fingerprint records now and hereafter filed | 6 |
| in the Department of State Police and Federal Bureau of | 7 |
| Investigation criminal history records databases. The | 8 |
| Department of State Police shall charge a fee for conducting | 9 |
| the criminal history records check, which shall be deposited in | 10 |
| the State Police Services Fund and shall not exceed the actual | 11 |
| cost of the records check. The Department of State Police shall | 12 |
| provide
information concerning any criminal charges, and their | 13 |
| disposition, now or hereafter filed, against an applicant upon | 14 |
| request of the Board when the request is made in the form and | 15 |
| manner required by the Department of State Police.
| 16 |
| Section 55. Certified recovery manager in charge of | 17 |
| repossession agency. | 18 |
| (a) As a condition of licensure, a certified recovery | 19 |
| manager must, at all times, be actively in charge of a | 20 |
| repossession agency. | 21 |
| (b) A certified recovery manager may only be actively in | 22 |
| charge of one repossession agency at one time. Upon written | 23 |
| request by a representative of an agency within 10 days after | 24 |
| the loss of the certified recovery manager actively in charge | 25 |
| due to the death of the certificate holder or because of an | 26 |
| unanticipated termination of his or her employment, the | 27 |
| Department shall issue a temporary permit allowing the | 28 |
| continuing operation of a previously licensed agency. The | 29 |
| temporary permit shall be valid for no more than 90 days. Upon | 30 |
| written request by the representative of the agency, an | 31 |
| extension of an additional 90 days may be granted by the | 32 |
| Department for good cause shown. No more than 2 extensions may | 33 |
| be granted to any repossession agency. A temporary permit may |
|
|
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| not be issued for loss of the certified recovery manager | 2 |
| actively in charge if that loss is due to disciplinary action | 3 |
| taken by the Department. | 4 |
| (c) Whenever a certified recovery manager actively in | 5 |
| charge of a repossession agency
ceases to be in charge, the | 6 |
| licensed agency shall file within notice with the Department | 7 |
| within 30 days after the cessation. If the licensee fails to | 8 |
| give written notice at the end of the 30-day
period, the | 9 |
| agency's license shall automatically be suspended. If the | 10 |
| notice is filed,
the license shall remain in force for a period | 11 |
| of 90 days after the
filing of the notice. At the end of the | 12 |
| 90-day period or an additional
period, not to exceed one year, | 13 |
| as specified by the Department, if written
notice is not given | 14 |
| that a certified recovery manager is then actively in charge of
| 15 |
| the agency, the agency's license shall automatically be | 16 |
| suspended.
A license suspended under this Section may be | 17 |
| reinstated upon
payment of the reinstatement fee and submission | 18 |
| of a reinstatement
application. | 19 |
| (d) Except as otherwise provided in this Act, no person may | 20 |
| serve as the certified recovery manager actively in charge of a | 21 |
| licensed repossession agency if that person has ever had a | 22 |
| repossession agency license revoked or suspended or if the | 23 |
| person was a partner, managing employee, owner, or officer of a | 24 |
| repossession agency the license of which has been revoked for | 25 |
| cause. | 26 |
| (e) The certified recovery manager actively in charge must | 27 |
| spend over 51% of the usual business hours conducting business | 28 |
| related to collateral recovery at the licensed location. | 29 |
| (f) The certificate of the recovery manager actively in | 30 |
| charge of a licensed repossession agency, together with the | 31 |
| agency's license, shall be conspicuously displayed at the | 32 |
| agency location of which the recovery manager is actively in | 33 |
| charge. | 34 |
| (g) A license extended under this Section is subject to all |
|
|
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| other
provisions of this Act. | 2 |
| Section 60. License extension in cases of death or | 3 |
| disassociation. | 4 |
| (a)
In the case of the death of a person who is licensed | 5 |
| individually as a repossession agency, a member of
the deceased | 6 |
| licensee's immediate family shall be entitled to
continue | 7 |
| operating the agency under the same license for up to 120 days
| 8 |
| following the licensee's date of death, provided that written | 9 |
| notice is
given to the Department within 30 days following the | 10 |
| licensee's date of death.
At the end of the 120-day period, the | 11 |
| license shall automatically be revoked.
| 12 |
| (b) In the case of the death or disassociation of a partner | 13 |
| of a partnership
licensed as a repossession agency, the | 14 |
| licensee shall notify the Department, in
writing, within 30 | 15 |
| days from the death or disassociation of the
partner. If the | 16 |
| licensee
fails to notify the Department within the 30-day | 17 |
| period, the license
shall automatically be revoked at the end | 18 |
| of that period. If proper notice is given, the license shall | 19 |
| remain in force for
90 days following the date of death or | 20 |
| disassociation of the partner. At the end of the 90-day
period, | 21 |
| the licensee shall automatically be revoked.
| 22 |
| (c) A license extended under this Section is subject to all | 23 |
| other
provisions of this Act. | 24 |
| Section 65. Licenses, certificates, and registration | 25 |
| cards; renewals; restoration; person in military service. | 26 |
| (a) An original repossession agency license, recovery | 27 |
| manager certificate, and permanent employee registration card | 28 |
| shall expire one year after the date of issuance.
| 29 |
| (b) A renewal repossession agency license or recovery | 30 |
| manager certificate shall expire 2 years after the date of | 31 |
| renewal. | 32 |
| (c) A renewal permanent employee registration card shall |
|
|
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| expire one year after the date of renewal. | 2 |
| (d) At least 90 days prior to the expiration of a license, | 3 |
| certificate, or registration card, the Department shall mail to | 4 |
| the licensee, certificate holder, or registration card holder a | 5 |
| renewal form in the form and manner prescribed by the | 6 |
| Department. The licensee, certificate holder, or registration | 7 |
| card holder must complete and mail the renewal form to the | 8 |
| Department, pay any fines assessed, and pay any renewal fee | 9 |
| required by the Department. | 10 |
| (e) Any person or entity that has permitted a license, | 11 |
| certificate, or registration card to expire may have that | 12 |
| license, certificate, or registration card restored by making | 13 |
| application to the Department within one year after the | 14 |
| expiration of a repossession agency license or a qualified | 15 |
| manager certificate or within 30 days after the expiration of a | 16 |
| permanent employee registration card, filing proof acceptable | 17 |
| to the Department of fitness to have the license, certificate, | 18 |
| or registration card restored, and paying the required | 19 |
| restoration fee.
However, any person whose license, | 20 |
| certificate, or registration card expired while (i) in federal | 21 |
| service on active duty with the Armed Forces of the United | 22 |
| States or called into service or training with the State | 23 |
| militia or (ii) in training or education under the supervision | 24 |
| of the United States preliminary to induction into military | 25 |
| service may have his or her license, certificate, or | 26 |
| registration card renewed or restored without paying any lapsed | 27 |
| renewal fees if, within 2 years after honorable termination of | 28 |
| the service, training, or education, except under condition | 29 |
| other than honorable, he or she furnishes the Department with | 30 |
| satisfactory evidence to the effect that he or she has been so | 31 |
| engaged and that the service, training, or education has been | 32 |
| so terminated. | 33 |
| (f) A suspended repossession agency license, recovery | 34 |
| manager certificate, or permanent employee registration card |
|
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| is subject to expiration as set forth in this Section; however, | 2 |
| renewal of the license, certificate, or registration card does | 3 |
| not entitle the licensee, certificate holder, or registration | 4 |
| card holder, while the license, certificate, or registration | 5 |
| card remains suspended and until it is reinstated, to engage in | 6 |
| the licensed, certified, or registered activity. | 7 |
| (g) A revoked repossession agency license, recovery | 8 |
| manager certificate, or permanent employee registration card | 9 |
| is subject to expiration as set forth in this Section; however, | 10 |
| it may not be renewed. If a revoked license, certificate, or | 11 |
| registration card is reinstated after its expiration, the | 12 |
| licensee, certificate holder, or registration card holder, as a | 13 |
| condition of reinstatement, shall pay a reinstatement fee in an | 14 |
| amount equal to the renewal fee in effect on the last regular | 15 |
| renewal date prior to the date on which the license, | 16 |
| certificate, or registration card is reinstated and any | 17 |
| additional delinquency fee required by the Department.
| 18 |
| (h) Any person or entity that notifies the Department, in | 19 |
| writing on forms prescribed by the Department, may place a | 20 |
| license, certificate, or registration card on inactive status | 21 |
| and shall be excused from the payment of renewal fees until the | 22 |
| person or entity notifies the Department in writing of the | 23 |
| intention to resume active practice.
Any person or entity | 24 |
| requesting that a license, certificate, or registration card be | 25 |
| changed from inactive to active status shall be required to pay | 26 |
| the current renewal fee.
| 27 |
| (i) Any repossession agency licensee, recovery manager | 28 |
| certificate holder, or permanent employee registration card | 29 |
| holder whose license, certificate, or registration card is | 30 |
| nonrenewed or on inactive status shall not engage in the | 31 |
| practice of recovery in the State or use the title or advertise | 32 |
| that he, she, or it performs the services of a "licensed | 33 |
| repossession agency", "certified recovery manager", or | 34 |
| "repossession agency employee".
|
|
|
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| (j) Any person violating subsection (i) of this Section | 2 |
| shall be considered to be operating a repossession agency | 3 |
| without a license, acting as a recovery manager without a | 4 |
| certificate, or acting as a repossession agency employee | 5 |
| without a permanent employee registration card and is subject | 6 |
| to the disciplinary provisions of this Act. | 7 |
| (k) A repossession agency license, recovery manager | 8 |
| certificate, or permanent employee registration card that is | 9 |
| not renewed within 3 years after its expiration may not be | 10 |
| renewed, restored, reinstated, or reissued thereafter. The | 11 |
| holder of the license, certificate, or registration card may | 12 |
| obtain a new license, certificate, or registration card only | 13 |
| upon compliance with all of the provisions of this Act | 14 |
| concerning the issuance of an original license, certificate, or | 15 |
| registration card. | 16 |
| Section 70. Refusal, revocation, or suspension.
| 17 |
| (a) The Department may refuse to issue or renew or may | 18 |
| revoke a license, certificate, or registration card or may | 19 |
| suspend, place on probation, fine, or take any disciplinary | 20 |
| action as the Department may deem proper, including fines not | 21 |
| to exceed $2,500 for each violation, with regard to any | 22 |
| licensee, certificate holder, or registration card holder for | 23 |
| any one or combination of the following causes:
| 24 |
| (1) Knowingly making any misrepresentation for the | 25 |
| purpose of
obtaining a license, certificate, or | 26 |
| registration card.
| 27 |
| (2) Violations of this Act or its rules.
| 28 |
| (3) Conviction of any crime under the laws of the
| 29 |
| United States or any state or territory thereof that is (i) | 30 |
| a felony, (ii) a misdemeanor, an essential element of which | 31 |
| is dishonesty, or (iii) a crime that is related to the | 32 |
| practice of the profession.
| 33 |
| (4) Aiding or assisting another person in violating
any |
|
|
|
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| 1 |
| provision of this Act or its rules.
| 2 |
| (5) Engaging in dishonorable, unethical, or
| 3 |
| unprofessional conduct of a character likely to deceive, | 4 |
| defraud, or harm the public as defined by the rules of the | 5 |
| Department, or violating the rules adopted by the Board.
| 6 |
| (6) Habitual or excessive use or addiction to
alcohol, | 7 |
| narcotics, stimulants, or any other chemical agent or drug | 8 |
| that results in the inability to engage in the practice of | 9 |
| recovery with reasonable judgment, skill, or safety.
| 10 |
| (7) Violation of any court order from any State or | 11 |
| public agency engaged in the enforcement of repayment of | 12 |
| child support or arrearages or for noncompliance with | 13 |
| certain processes relating to paternity or support | 14 |
| proceedings. | 15 |
| (8) Solicitation of professional services by using
| 16 |
| false or misleading advertising.
| 17 |
| (9) A finding that licensure, certification, or | 18 |
| registration has been applied for
or obtained by fraudulent | 19 |
| means.
| 20 |
| (10) Practicing or attempting to practice under a
name | 21 |
| other than the full name as shown on the license, | 22 |
| certificate, or registration card or any other legally | 23 |
| authorized name.
| 24 |
| (b) The entry of an order by a circuit court establishing | 25 |
| that any person holding a license, certificate, or registration | 26 |
| card under Department rule is subject to involuntary admission | 27 |
| or judicial admission as provided for in the Mental Health and | 28 |
| Developmental Disabilities Code operates as an automatic | 29 |
| suspension of that license, certificate, or registration card. | 30 |
| That person may have his or her license, certificate, or | 31 |
| registration card restored only upon the determination by a | 32 |
| circuit court that the patient is no longer subject to | 33 |
| involuntary admission or judicial admission and the issuance of | 34 |
| an order so finding and discharging the patient or at the |
|
|
|
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| discretion of the Department. Where the circumstances so | 2 |
| indicate, the Department may require an examination prior to | 3 |
| restoring a suspended license, certificate, or registration | 4 |
| card. | 5 |
| (c) The Department may refuse to issue or may suspend the | 6 |
| license, certificate, or registration card of any person or | 7 |
| entity who fails to file a return, pay the tax, penalty, or | 8 |
| interest shown in a filed return or pay any final assessment of | 9 |
| tax, penalty, or interest, as required by any tax Act | 10 |
| administered by the Department of Revenue, until the time the | 11 |
| requirements of the tax Act are satisfied.
| 12 |
| Section 75. Information to appropriate law enforcement | 13 |
| agency. Prior to performing a self-help repossession, a | 14 |
| repossession agency or repossession agency employee must | 15 |
| inform the appropriate law enforcement agency of the | 16 |
| jurisdiction in which the agency or employee plans to perform | 17 |
| the repossession of the agency's or employee's intent to | 18 |
| perform the repossession. Failure to provide this information | 19 |
| to the appropriate law enforcement agency constitutes a | 20 |
| violation of this Act. | 21 |
| Section 80. Consideration of past crimes. | 22 |
| (a) Notwithstanding the prohibitions set forth in Sections | 23 |
| 35 and 40 of this Act, when considering the denial of a | 24 |
| license, certificate, or registration card on the grounds of | 25 |
| conviction of a crime, the Department, in evaluating the | 26 |
| rehabilitation of the applicant and the applicant's present | 27 |
| eligibility for a license, certificate, or registration card, | 28 |
| shall consider each of the following criteria: | 29 |
| (1) the nature and severity of the act or crime under | 30 |
| consideration as
grounds for denial;
| 31 |
| (2) evidence of any act committed subsequent to the act | 32 |
| or crime under
consideration as grounds for denial, which |
|
|
|
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| 1 |
| also could be considered as
grounds for disciplinary action | 2 |
| under this Act;
| 3 |
| (3) the amount of time that has lapsed since the | 4 |
| commission of the act or crime
referred to in item (1) or | 5 |
| (2) of this subsection (a); | 6 |
| (4) the extent to which the applicant has complied with | 7 |
| any terms of
parole, probation, restitution, or any other | 8 |
| sanctions lawfully
imposed against the applicant; and
| 9 |
| (5) evidence, if any, of rehabilitation submitted by | 10 |
| the applicant.
| 11 |
| (b) When considering the suspension or revocation of a | 12 |
| license, certificate, or registration card on the grounds of | 13 |
| conviction of a crime, the Department, in evaluating the | 14 |
| rehabilitation of the applicant and the applicant's present | 15 |
| eligibility for a license, certificate, or registration card, | 16 |
| shall consider each of the following criteria: | 17 |
| (1) the nature and severity of the act or offense; | 18 |
| (2) the licensee's, certificate holder's, or | 19 |
| registration card holder's criminal record in its | 20 |
| entirety; | 21 |
| (3) the amount of time that has lapsed since the | 22 |
| commission of the act or offense; | 23 |
| (4) whether the licensee, certificate holder, or | 24 |
| registration card holder has complied with any terms of | 25 |
| parole, probation,
restitution, or any other sanctions | 26 |
| lawfully imposed against him or her; | 27 |
| (5) if applicable, evidence of expungement | 28 |
| proceedings; and | 29 |
| (6) evidence, if any, of rehabilitation submitted by | 30 |
| the licensee, certificate holder, or registration card | 31 |
| holder.
| 32 |
| Section 85. Assignment of repossession agency license. | 33 |
| (a) Except as provided in subsection (b) of this Section, a |
|
|
|
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| repossession agency license is not assignable. | 2 |
| (b) A repossession agency may apply to the Department for | 3 |
| consent and, upon receipt of such consent and payment of any | 4 |
| fee required by the Department, may assign a license to another | 5 |
| entity, provided that all owners of the assignor agency shall | 6 |
| subsequently own the assignee agency in its entirety. | 7 |
| Section 90. Insurance required. No repossession agency | 8 |
| license shall be issued unless the applicant first files with | 9 |
| the Department a certification of insurance evidencing | 10 |
| coverage in the required amount. The coverage shall provide the | 11 |
| Department as an additional insured for the purpose of | 12 |
| receiving all notices of modifications or cancellation of such | 13 |
| insurance. Coverage shall be written by an insurance company | 14 |
| that is lawfully engaged to provide insurance coverage in | 15 |
| Illinois. Coverage shall provide for a combined single limit | 16 |
| policy in the amount of at least $1,000,000, which policy shall | 17 |
| include commercial general liability for wrongful | 18 |
| repossession, garage keepers, on hook, and drive-away and shall | 19 |
| provide for $1,000,000 dishonesty bond and $1,000,000 | 20 |
| automobile liability. Coverage shall insure for the liability | 21 |
| of all employees certified by the Department while acting in | 22 |
| the course of their employment. | 23 |
| The agency shall notify the Department of any claim against | 24 |
| the insurance policy and shall notify the Department | 25 |
| immediately upon cancellation of the insurance policy, whether | 26 |
| the cancellation was initiated by the insurance company or the | 27 |
| insured agency. The agency's license shall automatically be | 28 |
| suspended on the date of cancellation of the policy, unless | 29 |
| evidence of insurance is provided to the Department prior to | 30 |
| the effective date of the cancellation. | 31 |
| Section 95. Contingency work prohibited. No person or | 32 |
| entity licensed, certified, or registered under this Act shall |
|
|
|
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| 1 |
| work on a contingency basis. Any assignment received from a | 2 |
| financial institution or financier requesting repossession | 3 |
| work within the State must be issued and accepted on a | 4 |
| non-contingent basis. | 5 |
| Section 100. Display of license required. At all times, a | 6 |
| repossession agency license shall be conspicuously displayed | 7 |
| at the agency location on record with the Department. | 8 |
| Section 105. Local filing. Nothing in this Act shall | 9 |
| prevent local authorities in any city, county, or city and | 10 |
| county, by ordinance and within the exercise of the police | 11 |
| power of the city or county from requiring repossession agency | 12 |
| licensees and recovery manager certificate holders to register | 13 |
| their names and file a copy of their State identification cards | 14 |
| with the city, county, or city and county. No fee may be | 15 |
| charged nor may any application be required by the city or | 16 |
| county for this registration. | 17 |
| Section 110. Repossession of vehicles. | 18 |
| (a) With regard to collateral subject to registration under | 19 |
| the Illinois Vehicle Code, repossession occurs when the | 20 |
| repossessor gains entry into the collateral or when the | 21 |
| collateral becomes connected to a tow truck. | 22 |
| (b) If personal effects or other property not covered by a | 23 |
| security agreement are contained in or on a recovered vehicle | 24 |
| at the time it is recovered, the personal effects and other | 25 |
| property must be handled in the manner set forth in Article II | 26 |
| of Chapter 4 of the Illinois Vehicle Code. | 27 |
| Section 115. Deposit of fees and fines. All of the fees and | 28 |
| fines collected under this Act shall be deposited into the | 29 |
| General Professions Dedicated Fund. |
|
|
|
09400SB2144sam003 |
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| 1 |
| Section 120. Payments; penalty for insufficient funds. Any | 2 |
| person or entity who delivers a check or other payment to the | 3 |
| Department that is returned to the Department unpaid by the | 4 |
| financial institution upon which it is drawn shall pay to the | 5 |
| Department, in addition to the amount already owed to the | 6 |
| Department, a fine of $50. The fines imposed by this Section | 7 |
| are in addition to any other discipline provided under this Act | 8 |
| prohibiting unlicensed, uncertified, or unregistered practice | 9 |
| or practice on a nonrenewed license, certificate, or | 10 |
| registration card. The Department shall notify the person or | 11 |
| entity that payment of fees and fines shall be paid to the | 12 |
| Department by certified check or money order within 30 calendar | 13 |
| days after notification. If, after the expiration of 30 days | 14 |
| from the date of the notification, the person or entity has | 15 |
| failed to submit the necessary remittance, the Department shall | 16 |
| automatically terminate the license, certificate, or | 17 |
| registration card or deny the application, without hearing. If, | 18 |
| after termination or denial, the person seeks a license, | 19 |
| certificate, or registration card, the person or entity shall | 20 |
| apply to the Department for restoration or issuance of the | 21 |
| license, certificate, or registration card and pay all fees and | 22 |
| fines due to the Department. The Department may establish a fee | 23 |
| for the processing of an application for restoration of a | 24 |
| license, certificate, or registration card to pay all expenses | 25 |
| of processing this application. The Secretary may waive the | 26 |
| fines due under this Section in individual cases where the | 27 |
| Secretary finds that the fines would be unreasonable or | 28 |
| unnecessarily burdensome. | 29 |
| Section 125. Roster. The Department shall maintain a roster | 30 |
| of names and addresses of all persons who hold valid licenses, | 31 |
| certificates, and registration cards and all persons whose | 32 |
| licenses, certificates, or registration cards have been | 33 |
| suspended or revoked within the previous year. This roster |
|
|
|
09400SB2144sam003 |
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| 1 |
| shall be available upon request and payment of the required | 2 |
| fee.
| 3 |
| Section 130. Exemptions. | 4 |
| (a) This Act does not apply to any private detective or | 5 |
| private detective agency licensed under the Private Detective, | 6 |
| Private Alarm, Private Security, and Locksmith Act of 2004. | 7 |
| (b) This Act does not apply to any bank, savings bank, | 8 |
| savings and loan association, credit union, sales finance | 9 |
| agency, or insurance company or any subsidiary of such entity | 10 |
| that is organized, chartered, or holding a certificate of | 11 |
| authority to do business under the laws of this State or any | 12 |
| other state or under federal law. | 13 |
| Section 135. Violations; injunctions; cease and desist | 14 |
| order. | 15 |
|
(a) If any person or entity violates a provision of this | 16 |
| Act, the Secretary may, in the name of the People of the State | 17 |
| of Illinois, through the Attorney General of the State of | 18 |
| Illinois, petition for an order enjoining the violation or for | 19 |
| an order enforcing compliance with this Act. Upon the filing of | 20 |
| a verified petition in court, the court may issue a temporary | 21 |
| restraining order, without notice or bond, and may | 22 |
| preliminarily and permanently enjoin the violation. If it is | 23 |
| established that the person or entity has violated or is | 24 |
| violating the injunction, the Court may punish the offender for | 25 |
| contempt of court. Proceedings under this Section are in | 26 |
| addition to, and not in lieu of, all other remedies and | 27 |
| penalties provided by this Act.
| 28 |
| (b) If any person or entity practices as a repossession | 29 |
| agency or a recovery manager or holds himself, herself, or | 30 |
| itself out as such without having a valid license, certificate, | 31 |
| or registration card under this Act, then any licensee, | 32 |
| certificate holder, or registration card holder, any person |
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| injured thereby, or any resident of or legal entity within the | 2 |
| State may, in addition to the Secretary, petition for relief as | 3 |
| provided in subsection (a) of this Section.
| 4 |
| (c) Whenever, in the opinion of the Department or the | 5 |
| Board, any person or entity violates any provision of this Act, | 6 |
| the Department may issue a rule to show cause why an order to | 7 |
| cease and desist should not be entered against that person or | 8 |
| entity. The rule shall clearly set forth the grounds relied | 9 |
| upon by the Department and shall provide a period of 7 days | 10 |
| from the date of the rule to file an answer to the satisfaction | 11 |
| of the Department. Failure to answer to the satisfaction of the | 12 |
| Department shall cause an order to cease and desist to be | 13 |
| issued immediately.
| 14 |
| Section 140. Investigation; notice and hearing. The | 15 |
| Department may investigate the actions or qualifications of any | 16 |
| person or entity holding or claiming to hold a license, | 17 |
| certificate, or registration card. Before suspending, | 18 |
| revoking, placing on probationary status, or taking any other | 19 |
| disciplinary action as the Department may deem proper with | 20 |
| regard to any license, certificate, or registration card, at | 21 |
| least 30 days before the date set for the hearing, the | 22 |
| Department shall (i) notify the accused in writing of any | 23 |
| charges made and the time and place for a hearing on the | 24 |
| charges before the Board, (ii) direct the accused to file a | 25 |
| written answer to the charges with the Board under oath within | 26 |
| 20 days after the service on the person or entity of such | 27 |
| notice, and (iii) inform the accused that failure to file an | 28 |
| answer shall result in a default judgment against the person or | 29 |
| entity and the person's or entity's license, certificate, or | 30 |
| registration card may be suspended, revoked, placed on | 31 |
| probationary status, or other disciplinary action taken with | 32 |
| regard to the license, as the Department may deem proper. In | 33 |
| case the person or entity, after receiving notice, fails to |
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| file an answer, the person's or entity's license may, in the | 2 |
| discretion of the Department, be suspended, revoked, placed on | 3 |
| probationary status, or the Department may take whatever | 4 |
| disciplinary action deemed proper, including the imposition of | 5 |
| a fine, without a hearing, if the act or acts charged | 6 |
| constitute sufficient grounds for such action under this Act. | 7 |
| This written notice and any notice in the subsequent | 8 |
| proceedings may be served by personal delivery to the accused, | 9 |
| or by registered or certified mail to the address last | 10 |
| specified by the accused in the last notification to the | 11 |
| Department. In case the person or entity fails to file an | 12 |
| answer after receiving notice, the person's or entity's license | 13 |
| may, in the discretion of the Department, be suspended, | 14 |
| revoked, or placed on probationary status, or the Department | 15 |
| may take whatever disciplinary action deemed proper, including | 16 |
| the imposition of a fine, without a hearing, if the act or acts | 17 |
| charged constitute sufficient grounds for such action under | 18 |
| this Act. The written answer shall be served by personal | 19 |
| delivery, certified delivery, or certified or registered mail | 20 |
| to the Department. At the time and place fixed in the notice, | 21 |
| the Department shall proceed to hear the charges and the | 22 |
| parties or their counsel shall be accorded ample opportunity to | 23 |
| present such statements, testimony, evidence, and argument as | 24 |
| may be pertinent to the charges or to the defense thereto. The | 25 |
| Department may continue such hearing from time to time. At the | 26 |
| discretion of the Secretary after having first received the | 27 |
| recommendation of the Board, the accused person's or entity's | 28 |
| license, certificate, or registration card may be suspended or | 29 |
| revoked, if the evidence constitutes sufficient grounds for | 30 |
| such action under this Act. | 31 |
| Section 145. Record of proceeding. The Department, at its | 32 |
| expense, shall preserve a record of all proceedings at the | 33 |
| formal hearing of any case. The notice of hearing, complaint |
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| and all other documents in the nature of pleadings and written | 2 |
| motions filed in the proceedings, the transcript of testimony, | 3 |
| the report of the Board and orders of the Department shall be | 4 |
| in the record of the proceedings. The Department shall furnish | 5 |
| a transcript of the record to any person interested in the | 6 |
| hearing upon payment of the fee required under Section 2105-115 | 7 |
| of the Department of Professional Regulation Law. | 8 |
| Section 150. Subpoenas; oaths; attendance of witnesses.
| 9 |
| The Department has the power to subpoena and to bring before it | 10 |
| any person and to take testimony either orally or by | 11 |
| deposition, or both, with the same fees and mileage and in the | 12 |
| same manner as prescribed in civil cases in the courts of this | 13 |
| State.
The Secretary, the designated hearing officer, and every | 14 |
| member of the Board has power to administer oaths to witnesses | 15 |
| at any hearing that the Department is authorized to conduct and | 16 |
| any other oaths authorized in any Act administered by the | 17 |
| Department. Any circuit court may, upon application of the | 18 |
| Department or its designee or of the applicant, licensee, | 19 |
| certificate holder, or registration card holder against whom | 20 |
| proceedings under this Act are pending, enter an order | 21 |
| requiring the attendance of witnesses and their testimony, and | 22 |
| the production of documents, papers, files, books and records | 23 |
| in connection with any hearing or investigation. The court may | 24 |
| compel obedience to its order by proceedings for contempt.
| 25 |
| Section 155. Recommendations for disciplinary action. At | 26 |
| the conclusion of the hearing, the Board shall present to the | 27 |
| Secretary a written report of its findings and recommendations. | 28 |
| The report shall contain a finding whether or not the accused | 29 |
| person or entity violated this Act or failed to comply with the | 30 |
| conditions required in this Act. The Board shall specify the | 31 |
| nature of the violation or failure to comply, and shall make | 32 |
| its recommendations to the Secretary.
The report of findings |
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| and recommendations of the Board shall be the basis for the | 2 |
| Department's order for refusal or for the granting of a | 3 |
| license, certificate, or registration card, or for any | 4 |
| disciplinary action, unless the Secretary shall determine that | 5 |
| the Board's report is contrary to the manifest weight of the | 6 |
| evidence, in which case the Secretary may issue an order in | 7 |
| contravention of the Board's report. The finding is not | 8 |
| admissible in evidence against the person in a criminal | 9 |
| prosecution brought for the violation of this Act, but the | 10 |
| hearing and finding are not a bar to a criminal prosecution | 11 |
| brought for the violation of this Act. | 12 |
| Section 160. Rehearing. In any hearing involving | 13 |
| disciplinary action against a licensee, certificate holder, or | 14 |
| registration card holder, a copy of the Board's report shall be | 15 |
| served upon the respondent by the Department, either personally | 16 |
| or as provided in this Act for the service of the notice of | 17 |
| hearing. Within 20 calendar days after service, the respondent | 18 |
| may present to the Department a motion in writing for a | 19 |
| rehearing that shall specify the particular grounds for | 20 |
| rehearing. If no motion for rehearing is filed, then upon the | 21 |
| expiration of the time specified for filing a motion, or if a | 22 |
| motion for rehearing is denied, then upon denial, the Secretary | 23 |
| may enter an order in accordance with recommendations of the | 24 |
| Board, except as provided in this Act. If the respondent orders | 25 |
| from the reporting service, and pays for, a transcript of the | 26 |
| record within the time for filing a motion for rehearing, the | 27 |
| 20 calendar day period within which a motion may be filed shall | 28 |
| commence upon the delivery of the transcript to the respondent. | 29 |
| Section 165. Appointment of a hearing officer. The | 30 |
| Secretary has the authority to appoint any attorney duly | 31 |
| licensed to practice law in the State of Illinois to serve as | 32 |
| the hearing officer in any action for refusal to issue or renew |
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| a license, certificate, or registration card or to discipline a | 2 |
| licensee, certificate holder, or registration card holder. The | 3 |
| hearing officer has full authority to conduct the hearing. The | 4 |
| hearing officer shall report his findings and recommendations | 5 |
| to the Board and the Secretary. The Board has 60 calendar days | 6 |
| from receipt of the report to review the report of the hearing | 7 |
| officer and present its findings of fact, conclusions of law | 8 |
| and recommendations to the Secretary. If the Board fails to | 9 |
| present its report within the 60 calendar day period, the | 10 |
| Secretary may issue an order based on the report of the hearing | 11 |
| officer. If the Secretary disagrees with the recommendation of | 12 |
| the Board or the hearing officer, the Secretary may issue an | 13 |
| order in contravention of the recommendation. | 14 |
| Section 170. Hearing by other examiner. Whenever the | 15 |
| Secretary is not satisfied that substantial justice has been | 16 |
| done in the revocation, suspension or refusal to issue or renew | 17 |
| a license, certificate, or registration card, the Secretary may | 18 |
| order a rehearing by the same or other examiners. | 19 |
| Section 175. Order; certified copy. An order or a | 20 |
| certified copy thereof, over the seal of the Department and | 21 |
| purporting to be signed by the Secretary, shall be prima facie | 22 |
| proof: | 23 |
| (a) that the signature is the genuine signature of the | 24 |
| Secretary; | 25 |
| (b) that the Secretary is duly appointed and qualified; and | 26 |
| (c) that the Board and its members are qualified to act. | 27 |
| Section 180. Restoration. At any time after the suspension | 28 |
| or revocation of any license, certificate, or registration | 29 |
| card, the Department may restore the license, certificate, or | 30 |
| registration card to the accused person, upon the written | 31 |
| recommendation of the Board, unless after an investigation and |
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| a hearing the Board determines that restoration is not in the | 2 |
| public interest. | 3 |
| Section 185. License, certificate, and registration card | 4 |
| surrender. Upon the revocation or suspension of any license, | 5 |
| certificate, or registration card, the licensee, certificate | 6 |
| holder, or registration card holder shall immediately | 7 |
| surrender the license, certificate, or registration card to the | 8 |
| Department. If the licensee, certificate holder, or | 9 |
| registration card holder fails to do so, the Department has the | 10 |
| right to seize the license, certificate, or registration card. | 11 |
| Section 190. Summary suspension. The Secretary may | 12 |
| summarily suspend the license of a repossession agency, the | 13 |
| certificate of a recovery manager, or the registration card of | 14 |
| an employee without a hearing, simultaneously with the | 15 |
| institution of proceedings for a hearing provided for in this | 16 |
| Act, if the Secretary finds that evidence in his or her | 17 |
| possession indicates that a repossession agency's, recovery | 18 |
| manager's, or employee's continuation in the business of | 19 |
| collateral recovery would constitute an imminent danger to the | 20 |
| public. In the event that the Secretary summarily suspends a | 21 |
| license, certificate, or registration card without a hearing, a | 22 |
| hearing by the Board must be held within 30 calendar days after | 23 |
| the suspension has occurred. | 24 |
| Section 195. Judicial review. All final administrative | 25 |
| decisions of the Department are subject to judicial review | 26 |
| under the Administrative Review Law and its rules. The term | 27 |
| "administrative decision" is defined as in Section 3-101 of the | 28 |
| Code of Civil Procedure.
| 29 |
| Proceedings for judicial review shall be commenced in the | 30 |
| circuit court of the county in which the party applying for | 31 |
| review resides; but if the party is not a resident of this |
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| State, the venue shall be in Sangamon County. | 2 |
| Section 200. Certification of records. The Department | 3 |
| shall not be required to certify any record to the Court or | 4 |
| file any answer in court or otherwise appear in any court in a | 5 |
| judicial review proceeding, unless there is filed in the court, | 6 |
| with the complaint, a receipt from the Department acknowledging | 7 |
| payment of the costs of furnishing and certifying the record. | 8 |
| Failure on the part of the plaintiff to file such receipt in | 9 |
| Court shall be grounds for dismissal of the action. | 10 |
| Section 205. Violations; criminal penalties. Any person | 11 |
| who is found to have violated any provision of this Act is | 12 |
| guilty of a Class A misdemeanor for the first offense, and a | 13 |
| Class 4 felony for second and subsequent offenses. | 14 |
| Section 210. Illinois Administrative Procedure Act. The | 15 |
| Illinois Administrative Procedure Act is expressly adopted and | 16 |
| incorporated in this Act as if all of the provisions of that | 17 |
| Act were included in this Act, except that the provision of | 18 |
| paragraph (d) of Section 10-65 of the Illinois Administrative | 19 |
| Procedure Act, which provides that at hearings the license | 20 |
| holder has the right to show compliance with all lawful | 21 |
| requirements for retention, continuation, or renewal of the | 22 |
| certificate, is specifically excluded. For the purpose of this | 23 |
| Act, the notice required under Section 10-25 of the Illinois | 24 |
| Administrative Procedure Act is deemed sufficient when mailed | 25 |
| to the last known address of a party.".
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