IL HB4781 | 2009-2010 | 96th General Assembly
Status
Completed Legislative Action
August 3 2010 - Public Act . . . . . . . . . 96-1420
Text: Latest bill text (Enrolled) [HTML]
August 3 2010 - Public Act . . . . . . . . . 96-1420
Text: Latest bill text (Enrolled) [HTML]
Summary
Creates the Debt Settlement Consumer Protection Act. Provides that it shall be unlawful for any person to operate as a debt settlement provider or engage in debt settlement service except as authorized by the Act and without first having obtained a license under the Act. Contains provisions concerning the (1) application for a license, (2) qualifications for licensure, (3) renewal of a license, (4) display requirements for a license, (5) temporary licensed locations, (6) denial of a license, (7) revocation or suspension of a license, (8) maintenance of records by a licensee, (9) examination of a licensee, (10) maintenance of trust funds by a licensee, and (11) other licensee businesses. With respect to the Director of Financial Institutions, contains provisions concerning the (1) adoption of rules by the Director, (2) penalties for violations of the Act, (3) procedure the Director may take to obtain an injunction, (4) review of decisions, (5) issuance of cease and desist orders. Contains provisions concerning (1) advertising practices, (2) individualized financial analysis, (3) required disclosures, (4) debt settlement contracts, (5) fees, (6) consumer settlement accounts, (7) cancellation of contracts, (8) obligations of good faith, (9) prohibited practices and noncompliance with the Act, and (10) civil remedies. Amends the Debt Management Service Act to exclude "debt settlement service" and attorneys engaged in specific practices from the Act. Amends the State Finance Act to provide that moneys collected under the Debt Settlement Consumer Protection Act shall be deposited into the Financial Institution Fund. Contains a severability clause. Amends the Consumer Fraud and Deceptive Business Practices Act to specify that a violation of the Debt Settlement Consumer Protection Act is a violation of the Act. Effective immediately.
Title
DEBT SETTLEMENT CONS PRO ACT
Sponsors
Roll Calls
2010-05-06 - Third Reading in Senate (Y: 56 N: 1 NV: 2 Abs: 0) [PASS]
2010-03-25 - Third Reading in House (Y: 106 N: 9 NV: 1 Abs: 0) [PASS]
2010-03-25 - Third Reading in House (Y: 106 N: 9 NV: 1 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2010-08-03 | Public Act . . . . . . . . . 96-1420 | |
| 2010-08-03 | Effective Date August 3, 2010 | |
| 2010-08-03 | Governor Approved | |
| 2010-06-04 | Sent to the Governor | |
| 2010-05-06 | Passed Both Houses | |
| 2010-05-06 | Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a) | |
| 2010-05-06 | Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a) | |
| 2010-05-06 | Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) | |
| 2010-05-06 | Third Reading - Passed; 056-001-000 | |
| 2010-05-06 | Added as Alternate Co-Sponsor Sen. M. Maggie Crotty | |
| 2010-05-06 | Added as Alternate Co-Sponsor Sen. Donne E. Trotter | |
| 2010-05-06 | Added as Alternate Co-Sponsor Sen. James T. Meeks | |
| 2010-05-06 | Added as Alternate Co-Sponsor Sen. Michael Bond | |
| 2010-05-06 | Added as Alternate Co-Sponsor Sen. Michael Noland | |
| 2010-05-05 | Added as Alternate Co-Sponsor Sen. Tim Bivins | |
| 2010-05-05 | Added as Alternate Co-Sponsor Sen. Heather Steans | |
| 2010-05-05 | Added as Alternate Co-Sponsor Sen. Kwame Raoul | |
| 2010-04-30 | Added as Alternate Co-Sponsor Sen. Michael W. Frerichs | |
| 2010-04-30 | Added as Alternate Co-Sponsor Sen. David Koehler | |
| 2010-04-30 | Added as Alternate Co-Sponsor Sen. Antonio Muñoz | |
| 2010-04-30 | Added as Alternate Co-Sponsor Sen. Deanna Demuzio | |
| 2010-04-29 | Senate Floor Amendment No. 3 To Financial Institutions Subcommittee on Mortgages | |
| 2010-04-29 | Added as Alternate Co-Sponsor Sen. Emil Jones, III | |
| 2010-04-29 | Added as Alternate Co-Sponsor Sen. Toi W. Hutchinson | |
| 2010-04-29 | Added as Alternate Co-Sponsor Sen. Rickey R. Hendon | |
| 2010-04-29 | Added as Alternate Co-Sponsor Sen. William Delgado | |
| 2010-04-29 | Senate Floor Amendment No. 3 Assignments Refers to Financial Institutions | |
| 2010-04-29 | Added as Alternate Co-Sponsor Sen. Pamela J. Althoff | |
| 2010-04-29 | Senate Floor Amendment No. 3 Referred to Assignments | |
| 2010-04-29 | Senate Floor Amendment No. 3 Filed with Secretary by Sen. Terry Link | |
| 2010-04-28 | Placed on Calendar Order of 3rd Reading April 29, 2010 | |
| 2010-04-28 | Second Reading | |
| 2010-04-22 | Added as Alternate Co-Sponsor Sen. Ira I. Silverstein | |
| 2010-04-22 | Placed on Calendar Order of 2nd Reading April 23, 2010 | |
| 2010-04-22 | Do Pass Financial Institutions; 010-001-001 | |
| 2010-04-21 | Senate Committee Amendment No. 2 Referred to Assignments | |
| 2010-04-21 | Senate Committee Amendment No. 2 Filed with Secretary by Sen. Terry Link | |
| 2010-04-21 | Added as Alternate Co-Sponsor Sen. Mattie Hunter | |
| 2010-04-21 | Added as Alternate Co-Sponsor Sen. Dale E. Risinger | |
| 2010-04-21 | Added as Alternate Co-Sponsor Sen. Louis S. Viverito | |
| 2010-04-15 | Senate Committee Amendment No. 1 Referred to Assignments | |
| 2010-04-15 | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link | |
| 2010-04-15 | Added as Alternate Co-Sponsor Sen. Dale A. Righter | |
| 2010-04-14 | Assigned to Financial Institutions | |
| 2010-04-14 | Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford | |
| 2010-04-14 | Added as Alternate Co-Sponsor Sen. Larry K. Bomke | |
| 2010-04-13 | Added as Alternate Co-Sponsor Sen. Chris Lauzen | |
| 2010-04-12 | Added as Alternate Co-Sponsor Sen. Jeffrey M. Schoenberg | |
| 2010-04-05 | Added as Alternate Chief Co-Sponsor Sen. Dan Kotowski | |
| 2010-03-30 | Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez | |
| 2010-03-30 | Added as Alternate Chief Co-Sponsor Sen. Dan Rutherford | |
| 2010-03-25 | Referred to Assignments | |
| 2010-03-25 | First Reading | |
| 2010-03-25 | Added as Alternate Chief Co-Sponsor Sen. Linda Holmes | |
| 2010-03-25 | Chief Senate Sponsor Sen. Jacqueline Y. Collins | |
| 2010-03-25 | Placed on Calendar Order of First Reading | |
| 2010-03-25 | Arrive in Senate | |
| 2010-03-25 | House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a) | |
| 2010-03-25 | Third Reading - Standard Debate - Passed 106-009-000 | |
| 2010-03-25 | Placed on Calendar Order of 3rd Reading - Standard Debate | |
| 2010-03-25 | Removed from Short Debate Status | |
| 2010-03-25 | Added Co-Sponsor Rep. Sidney H. Mathias | |
| 2010-03-25 | Added Co-Sponsor Rep. Donald L. Moffitt | |
| 2010-03-25 | Added Co-Sponsor Rep. Eddie Lee Jackson, Sr. | |
| 2010-03-25 | Added Co-Sponsor Rep. Esther Golar | |
| 2010-03-25 | House Floor Amendment No. 3 Housing Affordability Impact Note Filed as Amended | |
| 2010-03-25 | House Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended | |
| 2010-03-25 | House Floor Amendment No. 3 Judicial Note Filed as Amended | |
| 2010-03-25 | House Floor Amendment No. 2 Judicial Note Filed as Amended | |
| 2010-03-25 | House Committee Amendment No. 1 Judicial Note Filed as Amended | |
| 2010-03-24 | Placed on Calendar Order of 3rd Reading - Short Debate | |
| 2010-03-24 | House Floor Amendment No. 3 Home Rule Note Filed as Amended | |
| 2010-03-24 | House Committee Amendment No. 1 Home Rule Note Filed as Amended | |
| 2010-03-24 | House Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended | |
| 2010-03-24 | House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended | |
| 2010-03-24 | House Floor Amendment No. 3 Fiscal Note Requested as Amended - Withdrawn by Rep. Ed Sullivan, Jr. | |
| 2010-03-24 | House Committee Amendment No. 1 Fiscal Note Requested as Amended - Withdrawn by Rep. Ed Sullivan, Jr. | |
| 2010-03-24 | House Floor Amendment No. 3 State Debt Impact Note Filed as Amended | |
| 2010-03-24 | House Committee Amendment No. 1 State Debt Impact Note Filed as Amended | |
| 2010-03-24 | House Floor Amendment No. 3 Pension Note Filed as Amended | |
| 2010-03-24 | House Committee Amendment No. 1 Pension Note Filed as Amended | |
| 2010-03-24 | House Floor Amendment No. 3 Land Conveyance Appraisal Note Filed as Amended | |
| 2010-03-24 | House Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended | |
| 2010-03-24 | House Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended | |
| 2010-03-24 | Added Co-Sponsor Rep. Carol A. Sente | |
| 2010-03-24 | Added Co-Sponsor Rep. Rosemary Mulligan | |
| 2010-03-24 | Added Co-Sponsor Rep. Deborah L. Graham | |
| 2010-03-24 | Added Chief Co-Sponsor Rep. Joseph M. Lyons | |
| 2010-03-24 | Removed Co-Sponsor Rep. Joseph M. Lyons | |
| 2010-03-24 | Remove Chief Co-Sponsor Rep. Deborah L. Graham | |
| 2010-03-24 | House Floor Amendment No. 3 Correctional Note Filed as Amended | |
| 2010-03-24 | House Committee Amendment No. 1 Correctional Note Filed as Amended | |
| 2010-03-24 | House Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr. | |
| 2010-03-24 | House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr. | |
| 2010-03-24 | Held on Calendar Order of Second Reading - Short Debate | |
| 2010-03-24 | House Floor Amendment No. 3 Adopted by Voice Vote | |
| 2010-03-24 | Second Reading - Short Debate | |
| 2010-03-24 | Added Chief Co-Sponsor Rep. William B. Black | |
| 2010-03-24 | Added Co-Sponsor Rep. Jack McGuire | |
| 2010-03-24 | Added Co-Sponsor Rep. David E. Miller | |
| 2010-03-23 | Added Co-Sponsor Rep. Ronald A. Wait | |
| 2010-03-23 | Added Co-Sponsor Rep. Patricia R. Bellock | |
| 2010-03-23 | Added Co-Sponsor Rep. Dave Winters | |
| 2010-03-23 | Added Co-Sponsor Rep. Daniel J. Burke | |
| 2010-03-23 | Added Co-Sponsor Rep. Jim Sacia | |
| 2010-03-22 | House Floor Amendment No. 3 Recommends Be Adopted Consumer Protection Committee; 009-003-000 | |
| 2010-03-22 | House Floor Amendment No. 3 Rules Refers to Consumer Protection Committee | |
| 2010-03-22 | House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee | |
| 2010-03-19 | Added Co-Sponsor Rep. Arthur L. Turner | |
| 2010-03-19 | Added Co-Sponsor Rep. John D'Amico | |
| 2010-03-19 | Added Co-Sponsor Rep. Deborah Mell | |
| 2010-03-18 | House Floor Amendment No. 3 Referred to Rules Committee | |
| 2010-03-18 | House Floor Amendment No. 3 Filed with Clerk by Rep. Marlow H. Colvin | |
| 2010-03-18 | Added Co-Sponsor Rep. Jehan A. Gordon | |
| 2010-03-18 | Added Co-Sponsor Rep. Mary E. Flowers | |
| 2010-03-18 | Added Co-Sponsor Rep. Jack D. Franks | |
| 2010-03-18 | Added Co-Sponsor Rep. Al Riley | |
| 2010-03-18 | Added Co-Sponsor Rep. Michael J. Zalewski | |
| 2010-03-18 | Added Co-Sponsor Rep. Mark L. Walker | |
| 2010-03-18 | Added Co-Sponsor Rep. Maria Antonia Berrios | |
| 2010-03-18 | Added Co-Sponsor Rep. Harry Osterman | |
| 2010-03-18 | Added Co-Sponsor Rep. Susana A. Mendoza | |
| 2010-03-18 | Added Co-Sponsor Rep. Luis Arroyo | |
| 2010-03-18 | Added Chief Co-Sponsor Rep. William Davis | |
| 2010-03-17 | Added Co-Sponsor Rep. Greg Harris | |
| 2010-03-17 | Added Co-Sponsor Rep. Kevin A. McCarthy | |
| 2010-03-17 | Added Co-Sponsor Rep. Robert F. Flider | |
| 2010-03-17 | Added Co-Sponsor Rep. Naomi D. Jakobsson | |
| 2010-03-17 | Added Co-Sponsor Rep. Daniel V. Beiser | |
| 2010-03-17 | Added Co-Sponsor Rep. Kenneth Dunkin | |
| 2010-03-17 | Added Co-Sponsor Rep. Eddie Washington | |
| 2010-03-17 | Added Co-Sponsor Rep. Lou Lang | |
| 2010-03-17 | Added Co-Sponsor Rep. Michael K. Smith | |
| 2010-03-17 | Added Co-Sponsor Rep. Patrick J. Verschoore | |
| 2010-03-17 | Added Co-Sponsor Rep. Careen M. Gordon | |
| 2010-03-17 | Added Co-Sponsor Rep. Lisa M. Dugan | |
| 2010-03-16 | House Floor Amendment No. 2 Referred to Rules Committee | |
| 2010-03-16 | House Floor Amendment No. 2 Filed with Clerk by Rep. Marlow H. Colvin | |
| 2010-03-12 | Placed on Calendar 2nd Reading - Short Debate | |
| 2010-03-12 | Do Pass as Amended / Short Debate Consumer Protection Committee; 008-003-000 | |
| 2010-03-09 | Remains in Consumer Protection Committee | |
| 2010-03-09 | Motion Do Pass as Amended - Lost Consumer Protection Committee; 007-006-000 | |
| 2010-03-09 | House Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote | |
| 2010-03-09 | House Committee Amendment No. 1 Filed with Clerk by Consumer Protection Committee | |
| 2010-03-03 | Added Co-Sponsor Rep. Keith Farnham | |
| 2010-02-25 | Added Co-Sponsor Rep. John A. Fritchey | |
| 2010-02-25 | Added Co-Sponsor Rep. John E. Bradley | |
| 2010-02-25 | Added Co-Sponsor Rep. Elizabeth Hernandez | |
| 2010-02-25 | Added Co-Sponsor Rep. Cynthia Soto | |
| 2010-02-24 | Added Co-Sponsor Rep. Monique D. Davis | |
| 2010-02-24 | Added Co-Sponsor Rep. Joseph M. Lyons | |
| 2010-01-27 | Assigned to Consumer Protection Committee | |
| 2010-01-12 | Referred to Rules Committee | |
| 2010-01-12 | First Reading | |
| 2010-01-12 | Added Chief Co-Sponsor Rep. Deborah L. Graham | |
| 2010-01-12 | Added Chief Co-Sponsor Rep. Karen A. Yarbrough | |
| 2010-01-12 | Filed with the Clerk by Rep. Marlow H. Colvin |
