Marlow H. Colvin
- Democratic
Primary
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.
Governor Approved
Effective Date August 3, 2010
Public Act . . . . . . . . . 96-1420
Sent to the Governor
Added as Alternate Co-Sponsor Sen. Michael Bond
Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
Passed Both Houses
Added as Alternate Co-Sponsor Sen. Michael Noland
Added as Alternate Co-Sponsor Sen. James T. Meeks
Added as Alternate Co-Sponsor Sen. Donne E. Trotter
Added as Alternate Co-Sponsor Sen. M. Maggie Crotty
Third Reading - Passed; 056-001-000
Added as Alternate Co-Sponsor Sen. Heather Steans
Added as Alternate Co-Sponsor Sen. Tim Bivins
Added as Alternate Co-Sponsor Sen. Kwame Raoul
Added as Alternate Co-Sponsor Sen. Antonio Muñoz
Added as Alternate Co-Sponsor Sen. David Koehler
Added as Alternate Co-Sponsor Sen. Deanna Demuzio
Added as Alternate Co-Sponsor Sen. Michael W. Frerichs
Senate Floor Amendment No. 3 Referred to Assignments
Senate Floor Amendment No. 3 To Financial Institutions Subcommittee on Mortgages
Added as Alternate Co-Sponsor Sen. Emil Jones, III
Added as Alternate Co-Sponsor Sen. Toi W. Hutchinson
Added as Alternate Co-Sponsor Sen. Rickey R. Hendon
Added as Alternate Co-Sponsor Sen. William Delgado
Senate Floor Amendment No. 3 Assignments Refers to Financial Institutions
Added as Alternate Co-Sponsor Sen. Pamela J. Althoff
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Terry Link
Placed on Calendar Order of 3rd Reading April 29, 2010
Second Reading
Do Pass Financial Institutions; 010-001-001
Added as Alternate Co-Sponsor Sen. Ira I. Silverstein
Placed on Calendar Order of 2nd Reading April 23, 2010
Added as Alternate Co-Sponsor Sen. Dale E. Risinger
Senate Committee Amendment No. 2 Referred to Assignments
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Terry Link
Added as Alternate Co-Sponsor Sen. Mattie Hunter
Added as Alternate Co-Sponsor Sen. Louis S. Viverito
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
Senate Committee Amendment No. 1 Referred to Assignments
Added as Alternate Co-Sponsor Sen. Dale A. Righter
Added as Alternate Co-Sponsor Sen. Larry K. Bomke
Assigned to Financial Institutions
Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford
Added as Alternate Co-Sponsor Sen. Chris Lauzen
Added as Alternate Co-Sponsor Sen. Jeffrey M. Schoenberg
Added as Alternate Chief Co-Sponsor Sen. Dan Kotowski
Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
Added as Alternate Chief Co-Sponsor Sen. Dan Rutherford
House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
Referred to Assignments
First Reading
Added as Alternate Chief Co-Sponsor Sen. Linda Holmes
Chief Senate Sponsor Sen. Jacqueline Y. Collins
Placed on Calendar Order of First Reading
Third Reading - Standard Debate - Passed 106-009-000
Placed on Calendar Order of 3rd Reading - Standard Debate
Removed from Short Debate Status
Added Co-Sponsor Rep. Sidney H. Mathias
Added Co-Sponsor Rep. Donald L. Moffitt
Added Co-Sponsor Rep. Eddie Lee Jackson, Sr.
Added Co-Sponsor Rep. Esther Golar
House Floor Amendment No. 3 Housing Affordability Impact Note Filed as Amended
House Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended
House Floor Amendment No. 3 Judicial Note Filed as Amended
House Floor Amendment No. 2 Judicial Note Filed as Amended
House Committee Amendment No. 1 Judicial Note Filed as Amended
Arrive in Senate
House Committee Amendment No. 1 State Debt Impact Note Filed as Amended
Added Co-Sponsor Rep. David E. Miller
Added Co-Sponsor Rep. Jack McGuire
Added Chief Co-Sponsor Rep. William B. Black
Second Reading - Short Debate
House Floor Amendment No. 3 Adopted by Voice Vote
Held on Calendar Order of Second Reading - Short Debate
House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
House Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. Ed Sullivan, Jr.
House Committee Amendment No. 1 Correctional Note Filed as Amended
House Floor Amendment No. 3 Correctional Note Filed as Amended
Remove Chief Co-Sponsor Rep. Deborah L. Graham
Removed Co-Sponsor Rep. Joseph M. Lyons
Added Chief Co-Sponsor Rep. Joseph M. Lyons
Added Co-Sponsor Rep. Deborah L. Graham
Added Co-Sponsor Rep. Rosemary Mulligan
Added Co-Sponsor Rep. Carol A. Sente
House Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
House Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
House Floor Amendment No. 3 Land Conveyance Appraisal Note Filed as Amended
House Committee Amendment No. 1 Pension Note Filed as Amended
House Floor Amendment No. 3 Pension Note Filed as Amended
House Floor Amendment No. 3 State Debt Impact Note Filed as Amended
House Committee Amendment No. 1 Fiscal Note Requested as Amended - Withdrawn by Rep. Ed Sullivan, Jr.
House Floor Amendment No. 3 Fiscal Note Requested as Amended - Withdrawn by Rep. Ed Sullivan, Jr.
House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
House Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended
House Committee Amendment No. 1 Home Rule Note Filed as Amended
House Floor Amendment No. 3 Home Rule Note Filed as Amended
Placed on Calendar Order of 3rd Reading - Short Debate
Added Co-Sponsor Rep. Patricia R. Bellock
Added Co-Sponsor Rep. Dave Winters
Added Co-Sponsor Rep. Daniel J. Burke
Added Co-Sponsor Rep. Jim Sacia
Added Co-Sponsor Rep. Ronald A. Wait
House Floor Amendment No. 3 Rules Refers to Consumer Protection Committee
House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee
House Floor Amendment No. 3 Recommends Be Adopted Consumer Protection Committee; 009-003-000
Added Co-Sponsor Rep. Arthur L. Turner
Added Co-Sponsor Rep. John D'Amico
Added Co-Sponsor Rep. Deborah Mell
Added Co-Sponsor Rep. Susana A. Mendoza
Added Chief Co-Sponsor Rep. William Davis
Added Co-Sponsor Rep. Luis Arroyo
House Floor Amendment No. 3 Referred to Rules Committee
House Floor Amendment No. 3 Filed with Clerk by Rep. Marlow H. Colvin
Added Co-Sponsor Rep. Jehan A. Gordon
Added Co-Sponsor Rep. Mary E. Flowers
Added Co-Sponsor Rep. Jack D. Franks
Added Co-Sponsor Rep. Al Riley
Added Co-Sponsor Rep. Michael J. Zalewski
Added Co-Sponsor Rep. Mark L. Walker
Added Co-Sponsor Rep. Maria Antonia Berrios
Added Co-Sponsor Rep. Harry Osterman
Added Co-Sponsor Rep. Careen M. Gordon
Added Co-Sponsor Rep. Greg Harris
Added Co-Sponsor Rep. Kevin A. McCarthy
Added Co-Sponsor Rep. Robert F. Flider
Added Co-Sponsor Rep. Naomi D. Jakobsson
Added Co-Sponsor Rep. Daniel V. Beiser
Added Co-Sponsor Rep. Kenneth Dunkin
Added Co-Sponsor Rep. Eddie Washington
Added Co-Sponsor Rep. Lou Lang
Added Co-Sponsor Rep. Michael K. Smith
Added Co-Sponsor Rep. Patrick J. Verschoore
Added Co-Sponsor Rep. Lisa M. Dugan
House Floor Amendment No. 2 Referred to Rules Committee
House Floor Amendment No. 2 Filed with Clerk by Rep. Marlow H. Colvin
Do Pass as Amended / Short Debate Consumer Protection Committee; 008-003-000
Placed on Calendar 2nd Reading - Short Debate
House Committee Amendment No. 1 Filed with Clerk by Consumer Protection Committee
Remains in Consumer Protection Committee
Motion Do Pass as Amended - Lost Consumer Protection Committee; 007-006-000
House Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
Added Co-Sponsor Rep. Keith Farnham
Added Co-Sponsor Rep. Elizabeth Hernandez
Added Co-Sponsor Rep. John A. Fritchey
Added Co-Sponsor Rep. John E. Bradley
Added Co-Sponsor Rep. Cynthia Soto
Added Co-Sponsor Rep. Joseph M. Lyons
Added Co-Sponsor Rep. Monique D. Davis
Assigned to Consumer Protection Committee
Filed with the Clerk by Rep. Marlow H. Colvin
Referred to Rules Committee
First Reading
Added Chief Co-Sponsor Rep. Deborah L. Graham
Added Chief Co-Sponsor Rep. Karen A. Yarbrough
| Bill Text Versions | Format |
|---|---|
| Introduced | HTML |
| Engrossed | HTML |
| Enrolled | HTML |
| Document | Format |
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| Public Act | |
| Senate Amendment 003 | |
| Senate Amendment 002 | |
| Senate Amendment 001 | |
| House Amendment 003 | |
| House Amendment 002 | |
| House Amendment 001 |
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