SB 1306 — COLLATERAL RECOVERY ACT
Last action — Public Act . . . . . . . . . 97-0576
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 08, 2011. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Creates the Collateral Recovery Act. Requires the licensure of repossession agencies and recovery managers, and the registration of repossession agency employees, within 6 months after the effective date of the Act. Grants rulemaking authority to the Illinois Commerce Commission. Sets forth provisions concerning qualifications, application, examination, assignment, insurance requirements, and administrative proceedings. Provides that all monies collected by the Illinois Commerce Commission under the Act shall be deposited into the Transportation Regulatory Fund in the State Treasury and used by the Illinois Commerce Commission for the administration of the Act. Provides that any municipality or county, including a home rule unit, may not regulate individuals and entities engaged in the business of collateral recovery in a manner inconsistent with this Act. Amends the Regulatory Sunset Act to set a January 1, 2022 repeal date for the new Act. Effective immediately.
Bill Text
What changed in the latest version
1206 added · 1229 removedPlain-language change summary
The latest amendment to SB 1306 expands the definition of who can engage in repossession activities by including lessors and licensed repossession agencies, ensuring that various stakeholders can participate in the recovery of property. It also clarifies that a photocopy or electronic version of an assignment document is as valid as the original, which facilitates easier handling of repossession authorizations. These changes aim to streamline the repossession process and provide clearer guidelines for all parties involved, enhancing efficiency and legal clarity.
SB1306 EngrossedEnrolled LRB097 08920 CEL 49052 b AN ACT concerning regulation.
"Assignment" means a written authorization by a legal owner, lien holder, lessor, lessee, or licensed repossession agency authorized by a legal owner, lien holder, lessor or lessee to locate or repossessrepossess, involuntarily or voluntarily, any collateral, including, but not limited to, collateral registered under the Illinois Vehicle Code that is subject to a security agreement that contains a repossession clause.clause or is the subject of a rental or lease agreement.
"Assignment" also means a written authorization by an employer to recover any collateral entrusted to an employee or former employee if the possessor is wrongfully in the SB1306 Enrolled - 2 - LRB097 08920 CEL 49052 b possession of the collateral.
SB1306 Engrossed - 2 - LRB097 08920 CEL 49052 b "Branch office" means each additional office and secured storage facility location of a repossession agency (i) located in and conducting business within the State of Illinois and (ii) operating under the same name as the repossession agency where business is actively conducted that advertises as performing or is engaged in the business authorized by the licensure.
"Collateral" means any vehicle, boat, recreational vehicle, motor home, motorcycle, or other property that is subject to a securitysecurity, lease, or rental agreement.
"Debtor" means any person or entity obligated under a lease, rental, or security agreement.
"Legal owner" means a person holding (i) a security interest in any collateral that is subject to a security agreement, (ii) a lien against any collateral, or (iii) an interest in any collateral that is subject to a lease or rental agreement.
SB1306 Enrolled - 3 - LRB097 08920 CEL 49052 b "Licensure" means the approval of the required criteria that has been submitted for review in accordance with the provisions of this Act.
SB1306 Engrossed - 3 - LRB097 08920 CEL 49052 b "Licensed recovery manager" means a person who possesses a valid license in accordance with the provisions of this Act and is in control or management of an Illinois repossession agency.
"Personal effects" means any property contained within or on repossessed collateralcollateral, or property that is not permanently affixed to the collateral, that is not the property of the legal owner.
"Recovery ticket" means a serialized record obtained from the Commission for any repossessed vehicle or collateral fromevidencing that any person, business, financial institution, state agency, automotive dealership, or towingrepossession companyagency thatwho shows a recovery ticket fee has been paid the recovery ticket fee to the Commission.
"Remote storage location" means a secured storage facility of a licensed repossession agency designated for the storage of collateral that is a secure building or has a perimeter that is secured with a fencing construction that makes the area not accessible to the public.
A remote storage location shall not transact business with the public and shall provide evidence of applicable insurance to the Commission that specifies the SB1306 Enrolled - 4 - LRB097 08920 CEL 49052 b licensed repossession agency as the primary policy holder.
A remote storage location shall be located in a commercially zoned area physically located in Illinois.
SB1306 Engrossed - 4 - LRB097 08920 CEL 49052 b (3) Securing evidence concerning repossession and recovery to be used before any court, board, office, or investigating committee.
A repossession agency must maintain a secured storage facility.
SB1306 Enrolled - 5 - LRB097 08920 CEL 49052 b (1) An attorney at law who is performing his or her duties as an attorney at law.
(4) A qualified license or recovery permit holder or a registrant when performing services for, or on behalf of, a licensed repossession agency.
(5) A collection agency licensed under the Collection Agency Act when its activities are limited to assisting an owner in the recovery of property that is not collateral, as defined in this Act.
SB1306 Engrossed - 5 - LRB097 08920 CEL 49052 b "Secured storage facility" means an area located on the same premises as a repossession agency office or branch office that is designated for the storage of collateral and is a secure building or has a perimeter that is secured with a fencing construction that makes the area not accessible to the public.
"Security agreement" means an obligation, pledge, SB1306 Enrolled - 6 - LRB097 08920 CEL 49052 b mortgage, chattel mortgage, lease agreement, rental agreement, deposit, or lien, given by a debtor as security for payment or performance of his or her debt by furnishing the creditor with a recourse to be used in case of failure in the principal obligation.
Powers of the Commission.
(2) To adopt reasonable and proper rules covering the SB1306 Engrossed - 6 - LRB097 08920 CEL 49052 b exercise of powers conferred upon it by this Act, and reasonable rules governing investigations, hearings, and proceedings under this Act.
SB1306 Enrolled - 7 - LRB097 08920 CEL 49052 b (5) To employ such persons as are needed to administer and enforce this Act, in such capacities as they are needed, whether as hearing examiners, special examiners, enforcement officers, investigators, or otherwise.
The Commission shall not set pricing fees for repossessions, personal property storage, skip tracing, or other related services provided by repossession agencies to their clients.
(b) The Commission may, by administrative rule, modify any rules or procedures or adjust any Commission fees necessary to regulate and enforce the provisions of this Act.
SB1306 Engrossed - 7 - LRB097 08920 CEL 49052 b Section 25.
SB1306 Enrolled - 8 - LRB097 08920 CEL 49052 b (1) The date,date time, and locationtime of the repossession.
(3) The debtor's name, the agency name, the employee'sfinancial name,institution, and the recovery permit number.
(b) The recovery ticketticket, or copy of the recovery ticket, must be placed with the vehicle or collateral at the time of repossession and must accompany the vehicle or collateral until it has been liquidated or returned to the lien holder or debtor.
Recovery tickets must only SB1306 Engrossed - 8 - LRB097 08920 CEL 49052 b be sold in lots of 50 and 100.
If a repossession agency's license is revoked by the Commission, then the repossession agency must return any and all unused recovery tickets to the Commission immediately upon SB1306 Enrolled - 9 - LRB097 08920 CEL 49052 b license revocation.
No refund from the Commission willshall be issued for the return of unused recovery tickets.
(c) It shall be unlawful for any person to repossess a vehicle or collateral in this State, attempt to repossess a SB1306 Engrossed - 9 - LRB097 08920 CEL 49052 b vehicle or collateral in this State, or hold himself or herself out to be a repossession agency employee unless he or she holds a valid recovery permit issued by the Commission under this Act.
(d) This Act does not apply to a financial institution or SB1306 Enrolled - 10 - LRB097 08920 CEL 49052 b the employee of a financial institution when engaged in an activity otherwise covered by this Act if the activity is conducted by the employee on behalf of that financial institution.
(e) This Act does not apply to a towing company or towing operator when an employee or agent of the creditor financial institution is present at the site from which the vehicle is towed.
(a) Application for original licensure as a repossession agency shall be made to the Commission in writing on forms prescribed by the Commission and shall be accompanied by the appropriate documentation and the required fee, whichand the fee is nonrefundable.
(b) Every application shall state, in addition to any other requirements, (i) the name of the applicant, (ii) the name under which the applicant willshall do business, (iii) the proposed location of the agency by numbernumber, street, and streetcity, and (iv) the proposed location of the agency's remote storage location or locations by number, street, and city, (v) the proposed location of the Agency's branch office or branch offices by number, street, and (iv)city, and (vi) the usual business hours that the agency willshall maintain.
(c) No license may be issued (i) in any fictitious name that may be confused with or is similar to any federal, state, SB1306 Enrolled - 11 - LRB097 08920 CEL 49052 b county, or municipal government function or agency, (ii) in any name that may tend to describe any business function or enterprise not actually engaged in by the applicant, (iii) in SB1306 Engrossed - 10 - LRB097 08920 CEL 49052 b any name that is the same as or similar to any existing licensed company and that would tend to deceive the public, (iv) in any name that would tend to be deceptive or misleading, or (v) to any repossession agency applicant without that agency's location or branch office location maintaining a secured storage facility as defined in Section 10 of this Act.
(d) If the applicant for repossession agency licensure is an individual, then his or her application shall include (i) the full residential address of the applicant and (ii) either the sworn statement of the applicant declaring that he or she is the licensed recovery manager who willshall be personally in control of the agency for which the licensure is sought, or the name and signed sworn statement of the licensed recovery manager who willshall be in control or management of the agency.
Show all 172 changed lines (132 more)
(e) If the applicant for repossession agency licensure is a partnership, then the application shall include (i) a statement of the names and full residential addresses of all partners in the business and (ii) a sworn statement signed by each partner verifying the name of the person who is a licensed recovery manager and willshall be in control or management of the business.
If a licensed recovery manager who is not a partner willshall be in control or management of the agency, then he or she must also sign the sworn statement.
The application shall also state SB1306 Enrolled - 12 - LRB097 08920 CEL 49052 b whether any of the partners has ever used an alias.
(f) If the applicant for licensure as a repossession agency is a corporation, then the application shall include (i) the SB1306 Engrossed - 11 - LRB097 08920 CEL 49052 b names and full residential addresses of all corporation officers and (ii) a sworn statement signed by a duly authorized officer of the corporation verifying the name of the person who is a licensed recovery manager and willshall be in control or management of the agency.
If a licensed recovery manager who is not an officer willshall be in control or management of the agency, then he or she must also sign the sworn statement.
(g) If the applicant for licensure as a repossession agency is a limited liability company, then the application shall include (i) the names and full residential addresses of all companymembers owners and (ii) a sworn statement signed by each ownermember verifying the name of the person who is a licensed recovery manager and willshall be in control or management of the agency.
If a licensed recovery manager who is not ana ownermember willshall be in control or management of the agency, then he or she must also sign the sworn statement.
The application shall also state whether any of the ownersmembers has ever used an alias.
(h) Each individual, partner of a partnership, officer of a corporation, or ownermember of a limited liability company shall submit with the application a copy of one form of personal identification upon which must appear a photograph taken within SB1306 Enrolled - 13 - LRB097 08920 CEL 49052 b one year immediately preceding the date of the filing of the application.
SB1306 Engrossed - 12 - LRB097 08920 CEL 49052 b (j) The Commission may require any additional information that, in the judgment of the Commission, willshall enable the Commission to passdetermine on the qualifications of the applicant for licensure.
(m) A repossession agency license ismay notbe transferable.transferable upon prior notice to the Commission and upon completion of all requirements relative to the application process for repossession agency licensure.
SB1306 Enrolled - 14 - LRB097 08920 CEL 49052 b Section 37.
It shall be unlawful for any person or entity to repossess a vehicle or collateral in the State without a recovery ticket issued by the SB1306 Engrossed - 13 - LRB097 08920 CEL 49052 b Commission.
It shall be unlawful for any person or entity to forward, transfer, or subcontract an assignment to a repossession agency or its employees or agents who do not have a valid license or recovery permit issued by the Commission.
(3) Has completed no less than 5,0002,500 hours of actual compensated collateral recovery work as an employee of a repossession agency, a financial institution, or a vehicle dealer inwithin the 35 years immediately preceding the filing SB1306 Enrolled - 15 - LRB097 08920 CEL 49052 b of an application, acceptable proof of which must be submitted to the Commission.
(4) Has submitted to the Commission 2 sets of SB1306 Engrossed - 14 - LRB097 08920 CEL 49052 b fingerprints, which shall be checked against the fingerprint records on file with the Illinois CommerceState Commission Police and the Federal Bureau of Investigation in the manner set forth in Section 60 of this Act.
(5) Has successfully completed thea Certifiedcertification Assetprogram Recoveryapproved Specialistby (C.A.R.S.)the program,Commission. or any other nationally recognized certification program.
The identification card must contain the name of the license holder and that of the repossession agency that employs the license holder, in addition to any other information required by the Commission.
(1) No person may be issued a recovery permit who meets SB1306 Enrolled - 16 - LRB097 08920 CEL 49052 b any of the following criteria:
SB1306 Engrossed - 15 - LRB097 08920 CEL 49052 b (A) Is younger than 21 years of age.
(D) Has not successfully completed thea Certifiedcertification Assetprogram Recoveryapproved Specialistby (C.A.R.S.)the program,Commission. or any other nationally recognized certification program.
SB1306 EngrossedEnrolled - 1617 - LRB097 08920 CEL 49052 b (D) Any conviction of a felony.felony, except as provided for in Section 85.
(b) Each applicant for a recovery permit shall have his or her fingerprints submitted to the Commission by a Live Scan fingerprint vendor certified by the Illinois State Police under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois CommerceState Commission Police.
These fingerprints shall be checked against the Illinois CommerceState Commission Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed.
The Commission, in its discretion, may also use other procedures in performing or obtaining criminal history records SB1306 Enrolled - 18 - LRB097 08920 CEL 49052 b checks of applicants.
Instead of submitting his or her fingerprints, an individual may submit proof that is satisfactory to the Commission that an equivalent security SB1306 Engrossed - 17 - LRB097 08920 CEL 49052 b clearance has been conducted.
(c) Qualified applicants shall purchase a recovery permit from a vendor designated by the Commission and in a form that the Commission prescribes.
No recovery permit shall be effective unless accompanied by a license issued by the Commission.
The photograph shall be replaced with a current photograph SB1306 Enrolled - 19 - LRB097 08920 CEL 49052 b every 3 calendar years.
(3) All correspondence or documents relating to the SB1306 Engrossed - 18 - LRB097 08920 CEL 49052 b character and integrity of the employee received by the employer from any official source or law enforcement agency.
It is unlawful for an applicant for registration to file with the Commission the fingerprints of a person other than himself or herself or to fail to exercise due diligence in resubmitting replacement SB1306 Enrolled - 20 - LRB097 08920 CEL 49052 b fingerprints for those employees who have had original fingerprint submissions returned as unclassifiable.
An agency shall inform the Commission within 15 days after contracting or employing a licensed repossession agency employee.
The Commission shall develop a registration process by rule.
SB1306An Engrossedemployer -shall 19immediately -report LRB097an 08920identification CELcard 49052that bis (h)lost Noor agencystolen may employ any person to performthe anylocal activitypolice underdepartment thishaving Actjurisdiction unlessover the personrepossession possessesagency alocation. valid license or recovery permit under this Act.
(i)(h) NotwithstandingNo theagency provisionsmay ofemploy subsectionany (h)person ofto thisperform Section,any anactivity agencyunder maythis employAct aunless the person inpossesses a temporaryvalid capacitylicense ifor allrecovery ofpermit theunder followingthis conditionsAct. are met:
(1)(i) TheIf agencyinformation completesis indiscovered itsaffecting entiretythe andregistration submitsof toa person whose fingerprints were submitted under this Section, then the Commission anshall applicationso fornotify athe recoveryagency permit,that includingsubmitted the requiredfingerprints fees.on behalf of that person.
(2)(j) TheA agencyperson hasemployed verificationunder fromthis theSection Commissionshall thathave the15 applicantbusiness hasdays nowithin recordwhich to notify the Commission of any criminalchange convictionin pursuantemployer, tobut themay criminalcontinue historyworking recordsunder checkany conductedother byrecovery thepermits Illinoisgranted Commerceas Commissionan Police.employee or independent contractor.
The(k) agencyThis shallSection maintainapplies theonly verificationto ofthose theemployees results of thelicensed Illinoisrepossession Commerceagencies Commissionwhose Policeduties criminalinclude historyactual recordsrepossession check as part of thecollateral. employee record as required under subsection (d) of this Section.
(3)SB1306 TheEnrolled agency- exercises21 due- diligenceLRB097 to08920 ensureCEL that49052 theb personSection is50. qualified under the requirements of the Act to be issued a recovery permit.
(4) The agency maintains a separate roster of the names of all employees whose applications are currently pending with the Commission and submits the roster to the Commission on a monthly basis.
Rosters are to be maintained by the agency for a period of at least 24 months.
An agency may employ an employee applicant only if (i) it either SB1306 Engrossed - 20 - LRB097 08920 CEL 49052 b submits an employee application and all required forms and fees or confirms with the Commission that an employee application and all required forms and fees have been submitted by another agency, and (ii) all other requirements of this Section are met.
The Commission shall have the authority to revoke, without a hearing, the temporary authority of an individual to work upon receipt of Federal Bureau of Investigation fingerprint data or the report of another official authority indicating a criminal conviction.
If the Commission has not received a temporary employee's Federal Bureau of Investigation fingerprint data within 120 days after the date the Commission received the Illinois Commerce Commission Police fingerprint data, then the Commission may, at its discretion, revoke the employee's temporary authority to work with 15 days written notice to the individual and the employing agency.
An agency may not employ a person in a temporary capacity if it knows or reasonably should know that the person has been convicted of a crime under the laws of this State, has been convicted in another state of any crime that is a crime under the laws of this State, has been convicted of any crime in federal court, or has been posted as an unapproved applicant by the Commission.
Notice by the Commission to the agency, via certified mail, personal delivery, electronic mail, or posting on an internet site accessible to the agency that the person has been convicted of a crime shall be deemed constructive SB1306 Engrossed - 21 - LRB097 08920 CEL 49052 b knowledge of the conviction on the part of the agency.
The Commission may adopt rules to implement this subsection (i).
(j) If information is discovered affecting the registration of a person whose fingerprints were submitted under this Section, then the Commission shall so notify the agency that submitted the fingerprints on behalf of that person.
(k) A person employed under this Section shall have 15 business days within which to notify the Commission of any change in employer.
Upon notification and payment of the required fee, the Commission shall issue that person a new recovery card, provided that the person's current employer is a licensed repossession agency.
(l) This Section applies only to those employees of licensed repossession agencies whose duties include actual repossession of collateral.
Section 50.
(4) Class "E" recovery permitpermit, (recovery agent), $75.
(5) Class "EE" recovery permit (recovery agent SB1306 Engrossed - 22 - LRB097 08920 CEL 49052 b intern), $75.
An agency shall submit an application to register any remote storage location or locations.
The Commission shall develop by rule the requirements for registering remote storage locations.
The fee for each registration shall not exceed $300 as set by the Commission.
(c) The fees set forth in this Section must be paid by certified check or money order, or at the discretion of the Commission, by agency check at the time theof applicationapplication. is approved, except that an applicant for a Class "E", Class "EE", or Class "MR" license or permit must pay the license or permit fee at the time the application is made.
An applicant for a Class "E", Class "EE", or Class "MR" license or permit must pay the license or permit fee at the time the application is made.
SB1306 Enrolled - 22 - LRB097 08920 CEL 49052 b Section 55.
The Commission shall not disclose an individual's Social Security Number or residential address and must keep that Social Security Number and residential address confidential unless disclosure is required by law.
The Commission shall require that each individual, partner of a partnership, officer of a corporation, or owner of a limited liability SB1306 Engrossed - 23 - LRB097 08920 CEL 49052 b company, as part of the application process, authorize a criminal history records check to determine if such applicant has ever been charged with a crime and, if so, the disposition of those charges.
These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois CommerceState Commission Police and SB1306 Enrolled - 23 - LRB097 08920 CEL 49052 b Federal Bureau of Investigation criminal history records databases.
(a) As a condition of licensure, a licensed recovery manager must, at all times, be in control or management of athe repossession agency.
Each licensed repossession agency and licensed branch SB1306 Engrossed - 24 - LRB097 08920 CEL 49052 b office location must have a licensed recovery managermanager. on site.
The licensed recovery manager in control must spend over 51% of the usual business hours conducting business related to collateral recovery at the licensed location.
Upon written request by a representative of an agency within 10 days after the loss of the licensed recovery manager in control due to the death of the license holder or because of an unanticipated termination of his or her employment, the Commission shall issue a temporary permit allowing the continuing operation of a previously licensed repossession SB1306 Enrolled - 24 - LRB097 08920 CEL 49052 b agency.
A temporary permit may not be issued for loss of the licensed recovery manager in control or management if that loss is due to disciplinary action taken by the Commission.
(c) Whenever a licensed recovery manager in control or management of a repossession agency ceases to be in control,control or management, the licensed agency shall file notice with the Commission within 30 days after the cessation.
If the SB1306 Engrossed - 25 - LRB097 08920 CEL 49052 b notice is filed, then the license shall remain in force for a period of 90 days after the filing of the notice.
At the end of the 90-day period or an additional period, not to exceed one year, as specified by the Commission, if written notice is not given that a licensed recovery manager is then in control or management of the agency, then the agency's license shall automatically be suspended.
(d) Except as otherwise provided in this Act, no person may SB1306 Enrolled - 25 - LRB097 08920 CEL 49052 b serve as the licensed recovery manager in control or management of a licensed repossession agency if that person has ever had a repossession agency's license revoked or if the person was a partner, managing employee, owner, or officer of a repossession agency the license of which has been revoked for cause.
(e) The license of the recovery manager in control or management of a licensed repossession agency, together with the agency's license, shall be conspicuously displayed at the agency location of which the recovery manager is in control.control or management.
(a) In the case of the death of a person who is licensed SB1306 Engrossed - 26 - LRB097 08920 CEL 49052 b individually as a repossession agency, a member of the deceased's immediate family shall be entitled to continue operating the agency under the same license for up to 120 days following the date of death, provided that written notice is given to the Commission within 30 days following the date of death.
(b) In the case of the death or disassociation of a partner of a partnership licensed as a repossession agency, the company shall notify the Commission, in writing, within 30 days from SB1306 Enrolled - 26 - LRB097 08920 CEL 49052 b the death or disassociation of the partner.
(b) An original Class "E" recovery permit and Class "EE" SB1306 Engrossed - 27 - LRB097 08920 CEL 49052 b recovery permit shall expire one year after the date of issuance.
SB1306 Enrolled - 27 - LRB097 08920 CEL 49052 b (1) Any person, firm, company, partnership, or corporation that engages in business as a recovery agency shall have a Class "R" license.
(5) Any individual who performs repossessions as an intern under the direction and control of a designated, sponsoring Class "E" recovery permit or a designated, SB1306 Engrossed - 28 - LRB097 08920 CEL 49052 b sponsoring Class "MR" license shall have a Class "EE" recovery permit.
(6) An individual shall have a Class "MR" or Class "E" recovery permit if he or she owns or is an employee of a Class "R" agency or Class "RR" branch office.
(7) Class "R", Class "RR", Class "MR", Class "E", and Class "EE" licenses and recovery permits are not transferable.
(f) At least 90 days prior to the expiration of a license or recovery permit, the Commission shall mail to the license or permit holder a renewal form in the form and manner prescribed SB1306 Enrolled - 28 - LRB097 08920 CEL 49052 b by the Commission.
However, any person whose license or recovery permit expired while (i) in federal service on active duty with the Armed Forces of the United States or called into service or training SB1306 Engrossed - 29 - LRB097 08920 CEL 49052 b with the State militia or (ii) in training or education under the supervision of the United States preliminary to induction into military service may have his or her license or recovery permit renewed or restored without paying any lapsed renewal fees, if within 2 years after honorable termination of the service, training, or education, except under condition other than honorable, he or she furnishes the Commission with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been so terminated.
(h) A suspended repossession agency license, recovery SB1306 Enrolled - 29 - LRB097 08920 CEL 49052 b manager license, or recovery permit is subject to expiration as set forth in this Section.
If a revoked license or recovery permit is reinstated after its expiration, then the license holder or recovery permit holder, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date prior to the date on which the license or recovery permit is reinstated and any additional delinquency SB1306 Engrossed - 30 - LRB097 08920 CEL 49052 b fee required by the Commission.
(k) Any repossession agency license holder, recovery manager license holder, or recovery permit holder whose license SB1306 Enrolled - 30 - LRB097 08920 CEL 49052 b or recovery permit is nonrenewed or on inactive status shall not engage in the practice of recovery in this State or use the title or advertise that he, she, or it performs the services of a licensed repossession agency, licensed recovery manager, or repossession agency employee.
The holder of the license or recovery SB1306 Engrossed - 31 - LRB097 08920 CEL 49052 b permit may obtain a new license or recovery permit only upon compliance with all of the provisions of this Act concerning the issuance of original licenses or recovery permits.
(a) The Commission may refuse to issue or renew or may revoke any license or recovery permit or may suspend, place on probation, fine, or take any disciplinary action that the Commission may deem proper, including fines not to exceed $2,500 for each violation, with regard to any license holder or recovery permit holder for one or any combination of the SB1306 Enrolled - 31 - LRB097 08920 CEL 49052 b following causes:
(6) Violation of any court order from any State or SB1306 Engrossed - 32 - LRB097 08920 CEL 49052 b public agency engaged in the enforcement of payment of child support arrearages or for noncompliance with certain processes relating to paternity or support proceeding.
(b) The Commission may refuse to issue or may suspend the SB1306 Enrolled - 32 - LRB097 08920 CEL 49052 b license or recovery permit of any person or entity who fails to file a return, pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until the time the requirements of the tax Act are satisfied.
(a) Notwithstanding the prohibitions set forth in Sections 40 and 45 of this Act, when considering the denial of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or SB1306 Engrossed - 33 - LRB097 08920 CEL 49052 b recovery permit, shall consider each of the following criteria:
(4) The extent to which the applicant has complied with SB1306 Enrolled - 33 - LRB097 08920 CEL 49052 b any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
SB1306 Engrossed - 34 - LRB097 08920 CEL 49052 b (4) Whether the license holder or recovery permit holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against him or her.
No repossession agencyagency, branch office, or remote storage location license shall be SB1306 Enrolled - 34 - LRB097 08920 CEL 49052 b issued unless the applicant first files with the Commission a certification of insurance evidencing coverage in the amount required under this Section.
Coverage shall provide for a combined single limit policy in the amount of at least $1,000,000 per occurrence,occurrence whichand policya $3,000,000 aggregate policy, which shall include commercial general liability for wrongful repossession, garage keepers, on hook, and drive-away.drive-away and shall be a direct primary policy.
The agency shall notify the SB1306 Engrossed - 35 - LRB097 08920 CEL 49052 b Commission immediately upon cancellation of the insurance policy, whether the cancellation was initiated by the insurance company or the insured agency.
At all times, a repossession agency's license shall be conspicuously displayed SB1306 Enrolled - 35 - LRB097 08920 CEL 49052 b at the agency location on record with the Commission.
To the extent that any regulation by a municipality or county, including a home rule unit, is less stringent than the standards established under this Act, it is superseded by this SB1306 Engrossed - 36 - LRB097 08920 CEL 49052 b Act.
Prior to a repossession, the licensed repossession agency or repossession agency employee mustshall notify the appropriate law enforcement agency located in the jurisdiction in which the licensed SB1306 Enrolled - 36 - LRB097 08920 CEL 49052 b repossession agency or repossession agency employee plans to perform the repossession.
UponWithin 30 minutes after the completion of the repossession, the licensed repossession agency or repossession agency employee must notify the appropriate law enforcement agency that the repossession has occurred within its jurisdiction.
(a) With regard to collateral subject to a security agreement, repossession occurs when the licensed repossession agency employee gains entry into the collateral, the collateral becomes connected to a tow vehicle, or the licensed repossession agency employee has physical care,control, custody, or controlpossession of the collateral.
SB1306 Engrossed - 37 - LRB097 08920 CEL 49052 b (c) If personal effects or other property not covered by a security agreement are contained in or on a recovered vehicle at the time it is recovered, then the personal effects and other property not covered by a security agreement must be completely and accurately inventoried, and a record of the inventory shall be maintained on file with the licensed repossession agency for a period of 2 years following the date of repossession.
The licensed repossession agency shall hold SB1306 Enrolled - 37 - LRB097 08920 CEL 49052 b all personal effects and other property not covered by a security agreement until the licensed repossession agency either returns the personal effects and other property to the debtor or disposes of the personal effects and other property in accordance with this Section.
At least 45 days prior to disposing of such personal effects or other property, the licensed repossession agency shall, by United States Postal Service proof of mailing or certified mail, notify the debtor of the intent to dispose of the property.
Should the debtor, or his or her lawful designee, appear to retrieve the personal property prior to the date on which the licensed repossession agency is allowed to dispose of the property, the licensed repossession agency shall surrender the personal property to that individual upon payment of any SB1306 Engrossed - 38 - LRB097 08920 CEL 49052 b reasonably incurred expenses for inventory and storage.
The inventory SB1306 Enrolled - 38 - LRB097 08920 CEL 49052 b of the personal property and the records regarding any disposal of personal property shall be maintained for a period of 2 years in the permanent records of the licensed repossession agency and shall be made available upon request to the Commission.
The SB1306 Engrossed - 39 - LRB097 08920 CEL 49052 b fines imposed by this Section are in addition to any other discipline provided under this Act prohibiting unlicensed or unregistered practice or practice on a nonrenewed license or recovery permit.
If, after the expiration of 30 days from the date of notification, the person or entity has failed to submit the SB1306 Enrolled - 39 - LRB097 08920 CEL 49052 b necessary remittance, then the Commission shall automatically terminate the license or recovery permit or deny the application without hearing.
SB1306 Engrossed - 40 - LRB097 08920 CEL 49052 b Section 130.
cease and desist SB1306 Enrolled - 40 - LRB097 08920 CEL 49052 b order.
(b) If any person or entity practices as a repossession agency or a recovery manager or holds himself, herself, or itself out as such without having a valid license or recovery permit under this Act, then any license holder or recovery SB1306 Engrossed - 41 - LRB097 08920 CEL 49052 b permit holder, any person injured thereby, or any resident of or legal entity within the State may, in addition to the Commission, petition for relief as provided in subsection (a) of this Section.
The rule SB1306 Enrolled - 41 - LRB097 08920 CEL 49052 b shall clearly set forth the grounds relied upon by the Commission and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Commission.
The Commission may take any immediate disciplinary action that the Commission may deem proper if a person or entity repossesses a vehicle or collateral in the State without a valid license andor permit.
For all other disciplinary actions against a license or recovery permit holder, the Commission shall (i) notify the accused in writing of any charges made and the time and place for a hearing on the charges at least 30 days before the date set for the hearing, SB1306 Engrossed - 42 - LRB097 08920 CEL 49052 b (ii) direct the accused to file a written answer to the charges under oath within 2030 days after the service on the person or entity of such notice, and (iii) inform the accused that failure to file an answer shall result in a default judgment against the person or entity and the person's or entity's license or recovery permit may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license or recovery permit as the Commission may SB1306 Enrolled - 42 - LRB097 08920 CEL 49052 b deem proper.
At the time and place fixed in the notice, the Commission shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present SB1306 Engrossed - 43 - LRB097 08920 CEL 49052 b such statements, testimony, evidence, and argument as may be pertinent to the charges or to the defense thereto.
SB1306 Enrolled - 43 - LRB097 08920 CEL 49052 b Section 145.
Any circuit court may, upon application of the Commission or its SB1306 Engrossed - 44 - LRB097 08920 CEL 49052 b designee or of the applicant, license holder, or recovery permit holder against whom proceedings under this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books, and records in connection with any hearing or investigation.
SB1306 Enrolled - 44 - LRB097 08920 CEL 49052 b Section 155.
Within 20 calendar days after service, the respondent may present to the Commission a motion in writing for a rehearing SB1306 Engrossed - 45 - LRB097 08920 CEL 49052 b that shall specify the particular grounds for rehearing.
If the respondent orders from the reporting service, and pays for, a transcript of the record within the time for filing a motion for rehearing, then the 20 SB1306 Enrolled - 45 - LRB097 08920 CEL 49052 b calendar day period within which a motion may be filed shall commence upon the delivery of the transcript to the respondent.
Whenever the SB1306 Engrossed - 46 - LRB097 08920 CEL 49052 b Commission is not satisfied that substantial justice has been done in revoking or suspending a license or recovery permit, or refusing to issue or renew a license or recovery permit, the Commission may order a rehearingrehearing. by the same or other examiners.
SB1306 Enrolled - 46 - LRB097 08920 CEL 49052 b (a) that the seal is the genuine seal of the Commission;
If the license holder or recovery permit holder fails to do so, then the Commission has the right to seize the license or SB1306 Engrossed - 47 - LRB097 08920 CEL 49052 b recovery permit.
The Commission may summarily suspend the license of a repossession agency, the license of a recovery manager, or the recovery permit of an employee without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Commission finds that evidence in its possession indicates that a repossession agency's, recovery manager's, or SB1306 Enrolled - 47 - LRB097 08920 CEL 49052 b employee's continuation in the business of collateral recovery would constitute an imminent danger to the public.
Certification of records.
The Commission shall not be required to certify any record to the court or SB1306 Engrossed - 48 - LRB097 08920 CEL 49052 b file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Commission acknowledging payment of the costs of furnishing and certifying the record.
Failure on the part of the plaintiff to file such a receipt in court shall be grounds for dismissal of the action.
Section 205.
Section 210.205.
The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act,Act. except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license, is specifically excluded.
For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed SB1306 Enrolled - 48 - LRB097 08920 CEL 49052 b to the last known address of a party.
Section 215.900.
The Regulatory Sunset Act is amended by adding SB1306 Engrossed - 49 - LRB097 08920 CEL 49052 b Section 4.32 as follows:
Show all 172 changed rows (132 more)
Action History
-
Public Act . . . . . . . . . 97-0576
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Effective Date July 1, 2012
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Floor Amendment No. 2 Senate Concurs 053-000-000
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House Floor Amendment No. 1 Senate Concurs 053-000-000
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House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Licensed Activities; 008-000-000
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House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Licensed Activities; 008-000-000
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House Floor Amendment No. 2 Motion to Concur Assignments Referred to Licensed Activities
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House Floor Amendment No. 1 Motion to Concur Assignments Referred to Licensed Activities
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House Floor Amendment No. 2 Motion to Concur Referred to Assignments
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House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John G. Mulroe
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House Floor Amendment No. 1 Motion to Concur Referred to Assignments
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House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. John G. Mulroe
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Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 29, 2011
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Secretary's Desk - Concurrence House Amendment(s) 1, 2
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Added Alternate Chief Co-Sponsor Rep. Robert W. Pritchard
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Third Reading - Short Debate - Passed 104-009-000
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Final Action Deadline Extended-9(b) May 31, 2011
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted by Voice Vote
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House Floor Amendment No. 1 Adopted by Voice Vote
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
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House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
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House Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
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House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Frank J. Mautino
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Frank J. Mautino
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Added Alternate Chief Co-Sponsor Rep. Dwight Kay
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary I - Civil Law Committee; 010-000-000
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Assigned to Judiciary I - Civil Law Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Frank J. Mautino
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Placed on Calendar Order of First Reading
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Arrived in House
-
Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading April 11, 2011
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Senate Floor Amendment No. 3 Adopted; Mulroe
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Recalled to Second Reading
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Senate Floor Amendment No. 3 Recommend Do Adopt Licensed Activities; 010-000-000
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Senate Floor Amendment No. 2 Postponed - Licensed Activities
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Senate Floor Amendment No. 3 Assignments Refers to Licensed Activities
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Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities
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Senate Floor Amendment No. 3 Referred to Assignments
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. John G. Mulroe
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Senate Floor Amendment No. 2 Referred to Assignments
-
Senate Floor Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe
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Placed on Calendar Order of 3rd Reading March 30, 2011
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Second Reading
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Placed on Calendar Order of 2nd Reading March 14, 2011
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Do Pass as Amended Licensed Activities; 007-000-000
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Senate Committee Amendment No. 1 Adopted
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Added as Co-Sponsor Sen. Mike Jacobs
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Senate Committee Amendment No. 1 Assignments Refers to Licensed Activities
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
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Postponed - Licensed Activities
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Added as Chief Co-Sponsor Sen. Thomas Johnson
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Chief Sponsor Changed to Sen. John G. Mulroe
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Assigned to Licensed Activities
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Thomas Johnson
Sponsors
- John G. Mulroe · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (1)
- John G. Mulroe
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 1 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Haine | — | Yea |
| LaHood | — | Yea |
| Landek | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Brady | — | Yea |
| McCann | — | Yea |
| Jacobs | — | Yea |
| Johnson, C. | — | Yea |
| Johnson, T. | — | Yea |
| McCarter | — | Not Voting |
| Meeks | — | Not Voting |
| Sullivan | — | Yea |
| Jones, J. | — | Yea |
| Millner | — | Not Voting |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Cullerton | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Cultra | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Hutchinson | — | Yea |
| Wilhelmi | — | Yea |
| Kotowski | — | Yea |
| Pankau | — | Not Voting |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandack | — | Yea |
| Sandoval | — | Yea |
| Lauzen | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Not Voting |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Not Voting |
| Kevin Schmidt | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 42 | 0 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 1 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Meeks | — | Not Voting |
| Duffy | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Muñoz | — | Yea |
| Hutchinson | — | Yea |
| Kotowski | — | Yea |
| LaHood | — | Yea |
| Landek | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| McCann | — | Yea |
| McCarter | — | Not Voting |
| Brady | — | Yea |
| Mulroe | — | Yea |
| Jacobs | — | Yea |
| Johnson, C. | — | Yea |
| Johnson, T. | — | Yea |
| Noland | — | Yea |
| Sullivan | — | Yea |
| Jones, J. | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Cullerton | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Cultra | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Haine | — | Yea |
| Trotter | — | Yea |
| Wilhelmi | — | Yea |
| Millner | — | Not Voting |
| Pankau | — | Not Voting |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandack | — | Yea |
| Sandoval | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Not Voting |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Not Voting |
| Kevin Schmidt | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 85 | 8 | 0 | 5 |
| Democrat | 14 | 0 | 0 | 0 |
| Republican | 5 | 1 | 0 | 0 |
| Total | 104 | 9 | 0 | 5 |
| % of votes cast | 88% | 8% | 0% | 4% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Brauer | — | Yea |
| Brown | — | Not Voting |
| Carli | — | Yea |
| McAsey | — | Yea |
| Golar | — | Yea |
| Hatcher | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Leitch | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| May | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Moffitt | — | Yea |
| Morthland | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Soto | — | Yea |
| Thapedi | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Mitchell, Jerry | — | Yea |
| Verschoore | — | Yea |
| Burke, Daniel | — | Yea |
| Burke, Kelly | — | Yea |
| Sullivan | — | Yea |
| Harris, David | — | Yea |
| Harris, Greg | — | Yea |
| Hernandez | — | Yea |
| Howard | — | Yea |
| Watson | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Gordon | — | Yea |
| Holbrook | — | Yea |
| Jackson | — | Yea |
| Lang | — | Yea |
| Williams | — | Yea |
| Madigan | — | Yea |
| Jones | — | Yea |
| Davis, Monique | — | Yea |
| Brady | — | Nay |
| Mitchell, Bill | — | Nay |
| Nybo | — | Nay |
| Tryon | — | Not Voting |
| Winters | — | Yea |
| Yarbrough | — | Not Voting |
| Zalewski | — | Yea |
| Cross | — | Not Voting |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Eddy | — | Nay |
| Franks | — | Nay |
| Hays | — | Nay |
| Kay | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Nay |
| Reis | — | Nay |
| Riley | — | Yea |
| Roth | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Senger | — | Yea |
| Sente | — | Yea |
| Sommer | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Barickman | — | Not Voting |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Mathias | — | Yea |
| Berrios | — | Yea |
| Biss | — | Yea |
| Mautino | — | Yea |
| Bost | — | Yea |
| Chapa LaVia | — | Yea |
| Du Buclet | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Bill Cunningham | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Nay |
| Jil Tracy | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 0 | 0 | 1 |
| Democrat | 10 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| McCann | — | Yea |
| Muñoz | — | Yea |
| Hutchinson | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Brady | — | Yea |
| Haine | — | Yea |
| Kotowski | — | Yea |
| LaHood | — | Yea |
| Jacobs | — | Yea |
| Johnson, C. | — | Yea |
| Johnson, T. | — | Yea |
| Landek | — | Yea |
| Lauzen | — | Yea |
| Sullivan | — | Yea |
| McCarter | — | Yea |
| Meeks | — | Yea |
| Cullerton | — | Yea |
| Millner | — | Yea |
| Mulroe | — | Yea |
| Jones, J. | — | Not Voting |
| Noland | — | Yea |
| Pankau | — | Yea |
| Schoenberg | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Cultra | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandack | — | Yea |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Sue Rezin | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1306 do?
- Creates the Collateral Recovery Act. Requires the licensure of repossession agencies and recovery managers, and the registration of repossession agency employees, within 6 months after the effective date of the Act. Grants rulemaking authority to the Illinois Commerce Commission. Sets forth provisions concerning qualifications, application, examination, assignment, insurance requirements, and administrative proceedings. Provides that all monies collected by the Illinois Commerce Commission under the Act shall be deposited into the Transportation Regulatory Fund in the State Treasury and used by the Illinois Commerce Commission for the administration of the Act. Provides that any municipality or county, including a home rule unit, may not regulate individuals and entities engaged in the business of collateral recovery in a manner inconsistent with this Act. Amends the Regulatory Sunset Act to set a January 1, 2022 repeal date for the new Act. Effective immediately.
- Who sponsors SB 1306?
- SB 1306 is sponsored by John G. Mulroe.
- What is the current status of SB 1306?
- This bill has been enacted into law. Introduced February 08, 2011. Enacted.
- Where can I track SB 1306?
- Track SB 1306 free on One Click Politics — get push/email alerts when it moves.
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