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Illinois General Assembly· SB 1537Governor Approved

STUDENT LOAN SERVICING RIGHTS, the official text

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SB1537 Enrolled                     LRB104 08584 JDS 18636 b

1   AN ACT concerning education.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Student Loan Servicing Rights Act is

5 amended by changing Sections 1-5 and 25-5 and by adding

6 Article 7 as follows:

7   (110 ILCS 992/1-5)

8   Sec. 1-5. Definitions. As used in this Act:

9   "Applicant" means a person applying for a license pursuant

10 to this Act.

11  "Borrower" or "student loan borrower" means a person who

12 has received or agreed to pay a student loan for his or her own

13 educational expenses.

14  "Cosigner" means any individual who is liable for the

15 obligation of another without compensation, regardless of how

16 the individual is designated in the contract or instrument

17 with respect to that obligation, including an obligation under

18 a private education loan extended to consolidate a borrower's

19 preexisting student loans. The term includes any individual

20 whose signature is requested, as a condition, to grant credit

21 or to forbear on collection. The term does not include a spouse

22 of an individual if the spouse's signature is needed solely to

23 perfect the security interest in a loan.
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1   "Department" means the Department of Financial and

2 Professional Regulation.

3   "Division of Banking" means the Division of Banking of the

4 Department of Financial and Professional Regulation.

5   "Federal loan borrower eligible for referral to a

6 repayment specialist" means a borrower who possesses any of

7 the following characteristics:

8            (1) requests information related to options to reduce

9   or suspend his or her monthly payment;

10           (2) indicates that he or she is experiencing or

11  anticipates experiencing financial hardship, distress, or

12  difficulty making his or her payments;

13           (3) has missed 2 consecutive monthly payments;

14           (4) is at least 75 days delinquent;

15           (5) is enrolled in a discretionary forbearance for

16  more than 9 of the previous 12 months;

17           (6) has rehabilitated or consolidated one or more

18  loans out of default within the past 12 months; or

19           (7) has not completed a course of study, as reflected

20  in the servicer's records, or the borrower identifies

21  himself or herself as not having completed a program of

22  study.

23  "Federal education loan" means any loan made, guaranteed,

24 or insured under Title IV of the federal Higher Education Act

25 of 1965.

26  "Income-driven payment plan certification" means the
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1 documentation related to a federal student loan borrower's

2 income or financial status the borrower must submit to renew

3 an income-driven repayment plan.

4   "Income-driven repayment options" includes the

5 Income-Contingent Repayment Plan, the Income-Based Repayment

6 Plan, the Income-Sensitive Repayment Plan, the Pay As You Earn

7 Plan, the Revised Pay As You Earn Plan, and any other federal

8 student loan repayment plan that is calculated based on a

9 borrower's income.

10  "Licensee" means a person licensed pursuant to this Act.

11  "Other repayment plans" means the Standard Repayment Plan,

12 the Graduated Repayment Plan, the Extended Repayment Plan, or

13 any other federal student loan repayment plan not based on a

14 borrower's income.

15  "Private education loan" has the meaning ascribed to the

16 term in Section 140 of the federal Truth in Lending Act (15

17 U.S.C. 1650). In addition, "private education loan" includes

18 an income share agreement and student financing.

19  "Private loan borrower eligible for referral to a

20 repayment specialist" means a borrower who possesses any of

21 the following characteristics:

22  (1) requests information related to options to reduce

23  or suspend his or her monthly payments; or

24  (2) indicates that he or she is experiencing or

25  anticipates experiencing financial hardship, distress, or

26  difficulty making his or her payments.
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1   "Requester" means any borrower or cosigner that submits a

2 request for assistance.

3   "Request for assistance" means all inquiries, complaints,

4 account disputes, and requests for documentation a servicer

5 receives from borrowers or cosigners.

6   "Secretary" means the Secretary of Financial and

7 Professional Regulation, or his or her designee, including the

8 Director of the Division of Banking of the Department of

9 Financial and Professional Regulation.

10  "Servicing" means: (1) receiving any scheduled periodic

11 payments from a student loan borrower or cosigner pursuant to

12 the terms of a student loan; (2) applying the payments of

13 principal and interest and such other payments with respect to

14 the amounts received from a student loan borrower or cosigner,

15 as may be required pursuant to the terms of a student loan; and

16 (3) performing other administrative services with respect to a

17 student loan.

18  "Student loan" or "loan" means any federal education loan

19 or other loan primarily for use to finance a postsecondary

20 education and costs of attendance at a postsecondary

21 institution, including, but not limited to, tuition, fees,

22 books and supplies, room and board, transportation, and

23 miscellaneous personal expenses. "Student loan" includes a

24 loan made to refinance a student loan.

25  "Student loan" shall not include an extension of credit

26 under an open-end consumer credit plan, a reverse mortgage
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1 transaction, a residential mortgage transaction, or any other

2 loan that is secured by real property or a dwelling.

3   "Student loan" shall not include an extension of credit

4 made by a postsecondary educational institution to a borrower

5 if one of the following apply:

6   (1) The term of the extension of credit is no longer

7   than the borrower's education program.

8   (2) The remaining, unpaid principal balance of the

9   extension of credit is less than $1,500 at the time of the

10  borrower's graduation or completion of the program.

11  (3) The borrower fails to graduate or successfully

12  complete his or her education program and has a balance

13  due at the time of his or her disenrollment from the

14  postsecondary institution.

15  "Student loan servicer" or "servicer" means any person

16 engaged in the business of servicing student loans. "Student

17 loan servicer" or "servicer" includes persons or entities

18 acting on behalf of the State Treasurer. "Student loan

19 servicer" includes an EISA provider covered under Article 7 of

20 this Act.

21  "Student loan servicer" shall not include:

22  (1) a bank, savings bank, savings association, or

23  credit union organized under the laws of the State or any

24  other state or under the laws of the United States;

25  (2) a wholly owned subsidiary of any bank, savings

26  bank, savings association, or credit union organized under
    SB1537 Enrolled        -6-       LRB104 08584 JDS 18636 b

1   the laws of the State or any other state or under the laws

2   of the United States;

3   (3) an operating subsidiary where each owner of the

4   operating subsidiary is wholly owned by the same bank,

5   savings bank, savings association, or credit union

6   organized under the laws of the State or any other state or

7   under the laws of the United States;

8   (4) the Illinois Student Assistance Commission and its

9   agents when the agents are acting on the Illinois Student

10  Assistance Commission's behalf;

11  (5) a public postsecondary educational institution or

12  a private nonprofit postsecondary educational institution

13  servicing a student loan it extended to the borrower;

14  (6) a licensed debt management service under the Debt

15  Management Service Act, except to the extent that the

16  organization acts as a subcontractor, affiliate, or

17  service provider for an entity that is otherwise subject

18  to licensure under this Act;

19  (7) any collection agency licensed under the

20  Collection Agency Act that is collecting post-default

21  debt;

22  (8) in connection with its responsibilities as a

23  guaranty agency engaged in default aversion, a State or

24  nonprofit private institution or organization having an

25  agreement with the U.S. Secretary of Education under

26  Section 428(b) of the Higher Education Act (20 U.S.C.
    SB1537 Enrolled  -7-                 LRB104 08584 JDS 18636 b

1   1078(B));

2   (9) a State institution or a nonprofit private

3   organization designated by a governmental entity to make

4   or service student loans, provided in each case that the

5   institution or organization services fewer than 20,000

6   student loan accounts of borrowers who reside in Illinois;

7   (10) a law firm or licensed attorney that is

8   collecting post-default debt; or

9   (11) the State Treasurer.

10  "Total and permanent disability" means a physical or

11 mental impairment, disease, or loss of a permanent nature that

12 prevents employment with or without reasonable accommodation,

13 with proof of disability being in the form of a declaration

14 from the United States Social Security Administration, the

15 Illinois Workers' Compensation Commission, the United States

16 Department of Defense, or an insurer authorized to transact

17 business in this State who is providing disability insurance

18 coverage to a contractor. The term does not include a

19 condition that has not progressed or been exacerbated or that

20 the individual did not acquire until after the closing of the

21 loan agreement. In addition, documentation sufficient to

22 establish a total and permanent disability for a federal

23 student loan made pursuant to Title IV of the federal Higher

24 Education Act of 1965 is sufficient to establish a total and

25 permanent disability under this Act.

26 (Source: P.A. 103-748, eff. 8-2-24.)
    SB1537 Enrolled         -8-           LRB104 08584 JDS 18636 b

1   (110 ILCS 992/Art. 7 heading new)

2   ARTICLE 7. EDUCATIONAL INCOME SHARE AGREEMENTS

3   (110 ILCS 992/7-1 new)

4   Sec. 7-1. Purpose and construction. This Article shall be

5 construed as a consumer-protection law for all purposes and

6 shall be liberally construed to effectuate its purpose.

7   (110 ILCS 992/7-3 new)

8   Sec. 7-3. Applicability. This Article applies only to

9 educational income share agreements.

10  (110 ILCS 992/7-5 new)

11  Sec. 7-5. Definitions. As used in this Article:

12  "Amount financed" means the amounts advanced by the EISA

13 provider to the consumer or on behalf of the consumer, or if

14 the EISA provider is a merchant financing the sale of goods or

15 services to the consumer using an EISA, "amount financed"

16 means the amount credited by the EISA provider toward the

17 purchase of expenses described in the definition of

18 "educational income share agreement".

19  "Annual percentage rate" or "APR" means the percentage

20 rate calculated according to the Federal Reserve Board's

21 methodology as set forth under Regulation Z, 12 CFR Part 1026.

22 The "annual percentage rate" of an EISA is the measure of the
    SB1537 Enrolled  -9-             LRB104 08584 JDS 18636 b

1 cost of the EISA, expressed as a yearly rate, that relates to

2 the amount and timing of value received by the consumer to the

3 amount and timing of payments made, including any charges or

4 fees that would be included in the APR as set forth under

5 Regulation Z, 12 CFR Part 1026. The "annual percentage rate"

6 is determined in accordance with either the actuarial method

7 or the United States rule method.

8   "Cash price" has the meaning given in 12 CFR 1026.2(a)(9).

9   "Consumer" means a natural person who enters into an EISA.

10  "Educational income share agreement" or "EISA" means an

11 agreement between a consumer and an EISA provider under which:

12  (1) the EISA provider credits or advances a sum of

13  money to the consumer or to a third party on the consumer's

14  behalf or, if the EISA provider is a seller of goods or

15  services to the consumer, the EISA provider credits or

16  advances toward the purchase of such goods or services;

17  (2) the consumer is obligated to make periodic

18  payments, if any become due, to the EISA provider

19  calculated, based upon, or determined by the consumer's

20  income;

21  (3) the consumer incurs an obligation in each payment

22  period only if the individual's income in that period is

23  above an income threshold specified in the EISA;

24  (4) there is an EISA duration after which the

25  obligation is complete, regardless of how much has been

26  paid, as long as the consumer has paid any prior amounts
    SB1537 Enrolled  - 10 - LRB104 08584 JDS 18636 b

1   due;

2   (5) each of these elements is available at the time

3   the agreement is executed;

4   (6) the agreement is not made, insured, or guaranteed

5   under Title IV of the federal Higher Education Act of 1965

6   or another federally subsidized educational finance

7   program; and

8   (7) the agreement is extended to a consumer expressly,

9   in whole or in part, for postsecondary educational

10  expenses, tuition, or other obligations of, or pay amounts

11  to or on behalf of such an individual, for the costs

12  associated with a postsecondary training program or any

13  other program designed to increase the individual's human

14  capital, employability, or earning potential, including,

15  but not limited to, a program eligible to participate as a

16  program under Title IV of the federal Higher Education Act

17  of 1965, as well as any personal expenses, such as books,

18  supplies, transportation, and living costs, incurred by

19  the individual while enrolled in such a program and any

20  other costs or expenses included in the definition of

21  "qualified higher education expenses" under 26 U.S.C.

22  529(e)(3)(A), including the refinancing of loans or

23  agreements used for the purposes described in this

24  paragraph (7) and regardless of whether the agreement is

25  provided by the educational institution that the consumer

26  attends.
    SB1537 Enrolled  - 11 - LRB104 08584 JDS 18636 b

1           For purposes of this definition, an EISA shall be

2   treated as a credit, within the meaning of that term under

3   15 U.S.C. 1602(f), and as a "private education loan",

4   within the meaning of that term under 15 U.S.C.

5   1650(a)(8), to the extent the proceeds of the EISA are

6   used for postsecondary educational expenses in a manner

7   consistent with the definition of that term.

8   "EISA duration" means the maximum time during which a

9 consumer could remain obligated on the EISA, other than

10 periods when an EISA provider is attempting to collect

11 past-due amounts and absent periods of payment relief pauses,

12 forbearance, military service suspension, or other suspension

13 of obligations at the request of the consumer, regardless of

14 whether the consumer's income is greater than the minimum

15 income.

16  "EISA maximum number of payments" means the maximum number

17 of EISA payments during EISA payment periods in which the

18 consumer's income is equal to or greater than the income

19 threshold that a consumer could be required to make under the

20 terms of the EISA. "EISA maximum number of payments" does not

21 include periods of payment relief pause.

22  "EISA payment" means a calculated monthly payment in

23 excess of $0.00 that counts toward the maximum income-based

24 payments under the EISA. An "EISA payment" is required only

25 for income earned during an EISA payment period in which the

26 consumer's income was equal to or greater than the income
    SB1537 Enrolled         - 12 - LRB104 08584 JDS 18636 b

1 threshold.

2   "EISA payment calculation method" means the mechanism,

3 formula, percentage, dollar figure, or other means of

4 calculating a student's payment obligation, based on the

5 student's income, under the terms of the EISA.

6   "EISA payment cap" means the maximum amount of money a

7 consumer must pay to satisfy the terms of an EISA, which may be

8 expressed as a dollar value, a multiple of the amount funded to

9 the student or on the student's behalf, or as a maximum

10 effective annual percentage rate.

11  "EISA payment cap" does not include charges that would be

12 excluded from the definition of the term "finance charge"

13 under 12 CFR 1026.

14  "EISA provider" means:

15  (1) a person or entity that provides money, payments,

16  or credits to or on behalf of a consumer pursuant to the

17  terms of an EISA;

18  (2) any person or entity engaged in the business of

19  soliciting, making, funding, or extending EISAs; or

20  (3) any person or entity that is providing educational

21  services to the consumer and receiving compensation from

22  an EISA provider (separate from proceeds of the EISA to

23  cover educational expenses of the consumer) for

24  advertising, marketing, or recommending EISAs, on behalf

25  of an EISA provider, for those educational services.

26  This definition does not apply to an entity that either
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1 (i) has no direct interactions with the consumer and is not

2 responsible for making credit decisions regarding the consumer

3 or (ii) is the provider of the educational services to the

4 consumer, unless the entity qualifies under paragraph (1),

5 (2), or (3).

6   "Federal poverty guidelines" means the poverty guidelines

7 updated periodically in the Federal Register by the U.S.

8 Department of Health and Human Services under the authority of

9 42 U.S.C. 9902(2).

10  "Garnishment" means any legal or equitable procedure

11 through which earnings of an individual are required to be

12 withheld for payment of obligations to an EISA provider as set

13 forth in the Code of Civil Procedure.

14  "Income threshold" means a fixed dollar amount that is the

15 minimum income per payment period that an EISA recipient is

16 required to earn before the EISA recipient is required to make

17 a payment on an EISA for such payment period.

18  "Index" means the Consumer Price Index for Urban Wage

19 Earners and Clerical Workers: U.S. City Average, All Items,

20 1967=100, compiled by the Bureau of Labor Statistics, United

21 States Department of Labor.

22  "Payment relief pause" means a period of time that is

23 requested by the consumer during which the consumer is not

24 required to make payments despite the consumer's income

25 exceeding the income threshold.

26  "Sales price" means the "total sale price" as set forth in
         SB1537 Enrolled    - 14 - LRB104 08584 JDS 18636 b
1 12 CFR 1026.18(j).

2  (110 ILCS 992/7-10 new)

3  Sec. 7-10. Monthly payment affordability.

4  (a) Each EISA shall specify the EISA payment calculation

5 method applicable to the EISA. An EISA shall not require

6 payments from the consumer toward that EISA that exceed 8% of

7 the consumer's income. An EISA provider shall not enter into

8 an EISA with a consumer if the consumer would be committing to

9 pay more than 15% of the consumer's income at any time during

10 the EISA duration, based on information available to the EISA

11 provider at the time of the projection, inclusive of any

12 payment obligations that the EISA provider knows will arise in

13 the future for other EISAs and education loans upon which the

14 consumer is obligated at the time of the projection. The EISA

15 provider must confirm a consumer's EISA and education loan

16 liabilities through a verifiable third-party source. At a

17 minimum, the EISA provider must confirm such liabilities using

18 information maintained by a nationwide consumer reporting

19 agency, as defined by 15 U.S.C. 1681a(f), and doing so is

20 sufficient for meeting the requirement in this subsection.

21 However, nothing in this subsection shall prohibit an EISA

22 provider from using other sources to provide additional

23 verification. For the purposes of calculating the portion of a

24 student's future income that would be consumed by the EISA for

25 which the student has applied and other EISAs and education
SB1537 Enrolled  - 15 - LRB104 08584 JDS 18636 b

 1 loans known at the time, the EISA provider shall calculate the
 2 aggregate future burden of all such obligations, including the
 3 EISA for which the student is applying, at the hypothetical
 4 future income levels described in subdivision (a)(15)(iii) of
 5 Section 7-75, ranging from the income threshold of the EISA
 6 for which the student has applied up to the maximum income
 7 described in subdivision (a)(15)(iii) of Section 7-75. The
 8 terms of the EISA for which the student has applied cannot
 9 cause the student's aggregate future burden to exceed the
10 percentage limits in this subsection at any of the income
11 increments stated in this Section. For the purpose of
12 calculating the percentage burden of an EISA at a given future
13 income level, the EISA provider shall use the EISA payment
14 amount that would be applicable for the EISA at such income
15 level. For the purpose of calculating the percentage burden of
16 an educational loan at a given future income level, the EISA
17 provider shall divide the annual payment obligation by income
18 level using the most affordable payment plan or option which
19 would yield the lowest monthly payments that would be
20 available to the student at such income level under such loan.
21 For students enrolled in a program eligible to receive federal
22 student loans under Title IV of the federal Higher Education
23 Act of 1965, as part of this analysis the EISA provider shall
24 assume a federal loan balance equal to the larger of (1) the
25 student's existing federal loan balance and (2) the aggregate
26 maximum amount the student is eligible to borrow under Federal
    SB1537 Enrolled           - 16 - LRB104 08584 JDS 18636 b

1 Direct Stafford Loans for the student's status, dependent or

2 independent.

3   (b) The EISA must state that when a consumer has income

4 that is equal to or below the income threshold set forth in the

5 EISA that the consumer's payment obligation is zero dollars.

6 The income threshold must be equal to or greater than $47,000;

7 however, that amount shall be increased on January 1, 2026,

8 and every other January 1 thereafter, by the annual unadjusted

9 percentage increase (but not less than zero) in the index for

10 the 12 months ending with the preceding September, including

11 all previous adjustments.

12  (c) An EISA must offer at least 3 months of voluntary

13 payment relief pauses for every 30 income-determined payments

14 required under the EISA.

15  (d) During the payment process for the EISA, the consumer

16 may request that the income threshold on the EISA be adjusted

17 upward to ensure the consumer's income, less any payments

18 required by the EISA, would be greater than or equal to the

19 minimum essential income based on the consumer's current place

20 of residence.

21  As used in this subsection (d), the consumer's minimum

22 essential income is equal to 275% of the federal poverty

23 guidelines for a single person (for the year in which the

24 calculation is performed), multiplied by a cost-of-living

25 adjustment factor equal to the ratio of (i) one plus the

26 current locality payment percentage issued by the U.S. Office
    SB1537 Enrolled          - 17 - LRB104 08584 JDS 18636 b

1 of Personnel Management for the locality pay area in which the

2 consumer resides, divided by (ii) one plus the current

3 locality payment percentage issued by the U.S. Office of

4 Personnel Management for the "Rest of U.S." locality pay area.

5 The locality pay areas described in this subsection (d) are

6 the locality pay areas described in 5 CFR 531.603.

7   An EISA provider must notify consumers of this option on

8 each monthly billing statement. Nothing in this provision

9 shall prevent an EISA provider from taking reasonable steps to

10 confirm a consumer's place of residence (such as requiring a

11 copy of a utility bill or a driver's license) for the purpose

12 of establishing the consumer's minimum essential income,

13 including if the EISA provider believes a consumer's place of

14 residence has changed. Furthermore, an EISA provider may

15 require that a consumer has resided at a location for at least

16 90 days before adjusting the consumer's minimum essential

17 income.

18  The requirements for repayment options in subsection (k)

19 of Section 5-30 apply to this Section.

20  (110 ILCS 992/7-15 new)

21  Sec. 7-15. Maximum effective annual percentage rate. An

22 EISA must specify that the maximum amount that a consumer

23 could be required to pay under the EISA will not result in a

24 consumer ever being required to pay an effective annual

25 percentage rate that is greater than 9% or the high yield of
    SB1537 Enrolled           - 18 - LRB104 08584 JDS 18636 b

 1 the 10-year United States Constant Maturity Treasury Notes
 2 auctioned at the final auction held before the current
 3 calendar year in which the EISA is originated plus 6%,
 4 whichever is greater. If at any time the EISA provider accepts
 5 a payment of an amount that would cause the limit in this
 6 Section to apply, the EISA provider shall, within 20 calendar
 7 days, refund any amounts necessary to ensure that the
 8 consumer's payments do not result in an effective annual
 9 percentage rate that is greater than the limit specified in
10 this Section.

11  (110 ILCS 992/7-20 new)

12  Sec. 7-20. Limits on duration of EISAs.

13  (a) The EISA maximum number of payments shall not exceed

14 180 monthly payments.

15  (b) The EISA duration shall not exceed 240 months,

16 excluding any months in which a consumer has requested and

17 received a payment relief pause.

18  (110 ILCS 992/7-25 new)

19  Sec. 7-25. Risk sharing.

20  (a) An EISA provider may not contract for EISA terms that

21 would result in a consumer having income that is less than or

22 equal to 450% of the federal poverty guidelines for a single

23 person for the EISA duration being required to make a stream of

24 EISA payments that would yield an effective APR greater than
    SB1537 Enrolled          - 19 - LRB104 08584 JDS 18636 b

1 8.5%, or the high yield of the 10-year United States Constant

2 Maturity Treasury Notes auctioned at the final auction held

3 before the current calendar year in which an EISA offering is

4 made plus 4.5%, whichever is greater.

5   (b) An EISA provider shall calculate the effective APR in

6 subsection (a) by determining the federal poverty guidelines

7 at the time the consumer's EISA is originated and assuming

8 such amount is fixed through the EISA duration.

9   (c) For the purposes of determining EISA duration in this

10 Section, an EISA provider shall assume the EISA duration

11 started after a period equal to the expected length of the

12 program for which a consumer is enrolling.

13  (d) If there is a discrepancy between the effective annual

14 percentage rate as calculated in this Section and the maximum

15 effective annual percentage rate as calculated in Section

16 7-15, the lower effective annual percentage rate shall apply

17 in this Section 7-25.

18  (110 ILCS 992/7-30 new)

19  Sec. 7-30. Limits on covered income. An EISA must specify

20 the definition of income to be used for the purposes of

21 calculating a consumer's payment obligation under the EISA. No

22 EISA shall include any of the following in its definition of

23 income:

24          (1) the income of the consumer's spouse, children, or

25  dependents or a party to a civil union with the consumer
    SB1537 Enrolled  - 20 - LRB104 08584 JDS 18636 b

1   under the Illinois Religious Freedom and Civil Union Act;

2   or

3       (2) any amount paid by the consumer under Title II or

4   XVI of the Social Security Act, 42 U.S.C. 401 et seq. or 42

5   U.S.C. 1381 et seq., or under a State program funded by

6   Title IV of the Social Security Act, 42 U.S.C. 601 et seq;

7       (3) individual retirement account distributions;

8       (4) pensions and annuities;

9       (5) social security benefits;

10      (6) any sources of government aid provided to

11  individuals, including, but not limited to:

12      (A) unemployment programs;

13      (B) disaster relief programs;

14      (C) Medicare or Medicaid benefits;

15      (D) benefits received through the Supplemental

16      Nutrition Assistance Program;

17      (E) economic impact payments;

18      (F) the earned income tax credit or child tax

19      credit;

20      (G) other income excluded from the definition of

21      taxable income set forth by the Internal Revenue

22      Service; or

23      (H) passive income that is not derived as a result

24      of a consumer's active participation in any trade or

25      business.
    SB1537 Enrolled          - 21 - LRB104 08584 JDS 18636 b

1   (110 ILCS 992/7-35 new)

2   Sec. 7-35. Fees permitted.      (a) In addition to the EISA

3 obligation permitted by this Act, an EISA provider may

4 contract for and receive the following additional charges:

5   (1) government fees and taxes;

6   (2) a fee, which shall not exceed the sum of $25, for a

7   failure to provide documentation to the EISA provider for

8   the confirmation and reconciliation of the consumer's

9   income within 30 days after the date on which such

10  documentation is due, as reflected in the written notice

11  to the consumer;

12  (3) a fee for processing any forms to confirm the

13  consumer's income with the United States Internal Revenue

14  Service or a state department of revenue or taxation on a

15  dollar-for-dollar, pass-through basis of the expenses

16  incurred by the EISA provider;

17  (4) a late payment fee in the amount of $15 or 5% of

18  the late payment, whichever is less, for any payment that

19  is more than 15 days past due; no late payment fee may be

20  charged more than once per late payment;

21  (5) an amount not exceeding $25, plus any actual

22  expenses incurred in connection with a check or draft that

23  is not honored because of insufficient or uncollected

24  funds or because no such account exists; and

25  (6) other fees authorized by the Secretary.

26  In determining whether to authorize a charge, the
    SB1537 Enrolled            - 22 - LRB104 08584 JDS 18636 b

1 Secretary shall consider whether the charge benefits the

2 consumer and is reasonable.

3   (b) Before or after default in payment of a scheduled

4 payment of an EISA, the parties to the EISA may agree in

5 writing to a deferral of all or part of one or more unpaid

6 payments and the EISA provider may make, at the time of

7 deferral and receive at that time or at any time thereafter, a

8 deferral charge not exceeding an amount equal to 5% of the

9 missed payment, except that this subsection (b) shall not

10 apply to voluntary payment relief pauses.

11  (110 ILCS 992/7-40 new)

12  Sec. 7-40. Restriction on security interest. Under no

13 circumstances shall an EISA provider take a security interest

14 in any collateral in connection with an EISA.

15  (110 ILCS 992/7-41 new)

16  Sec. 7-41. Refinancing. Before offering a person an EISA

17 that is being used to refinance an existing loan, an EISA

18 provider shall provide the person with a disclosure explaining

19 that the benefits and protections applicable to the existing

20 loan may be lost due to the refinancing. The disclosure must be

21 provided on a one-page information sheet in at least 12-point

22 type and must be written in simple, clear, understandable, and

23 easily readable language.
    SB1537 Enrolled          - 23 - LRB104 08584 JDS 18636 b

1   (110 ILCS 992/7-45 new)

2   Sec. 7-45. Discharge of obligations.

3   (a) All obligations under an EISA shall terminate if the

4 consumer is deemed totally and permanently disabled by the

5 applicable governmental agency.

6   (b) All obligations under an EISA shall terminate upon the

7 death of the consumer.

8   (c) The requirements for total and permanent disability of

9 a borrower or cosigner in subsections (b) through (e) of

10 Section 5-85 that apply to borrowers apply to this Section.

11  (110 ILCS 992/7-50 new)

12  Sec. 7-50. Prohibition on cosigners. No EISA shall include

13 or permit the use of a cosigner in connection with any

14 obligation related to an EISA.

15  (110 ILCS 992/7-55 new)

16  Sec. 7-55. Limitation on acceleration.

17  (a) EISA providers shall not attempt to accelerate or

18 otherwise liquidate a future payment stream under an EISA.

19  (b) Notwithstanding subsection (a), nothing in this

20 Section shall prevent an EISA provider from collecting or

21 pursuing any other remedy available to the EISA provider for

22 the collection of amounts that were due from the consumer

23 under an EISA that were not paid or properly remitted to the

24 EISA provider. Nothing in this Section shall prevent an EISA
    SB1537 Enrolled          - 24 - LRB104 08584 JDS 18636 b

1 provider from calculating a projected future income for a

2 consumer and calculating a consumer's payment obligation using

3 that projection if the consumer does not provide contractually

4 obligated documentation of income.

5   (c) Notwithstanding subsection (a), an EISA may contain a

6 provision that allows a consumer to terminate the consumer's

7 EISA before the events terminating further obligations under

8 the EISA. The early termination mechanisms, such as total caps

9 on payments due to the EISA provider or other rights to

10 partially or fully terminate further obligations under the

11 EISA, must be optional to the consumer and within the

12 consumer's control. In such circumstances, such mechanisms

13 shall not be deemed a form of acceleration.

14  (110 ILCS 992/7-60 new)

15  Sec. 7-60. No assignment of wages.

16  (a) An EISA provider may not take an assignment of

17 earnings or wages of the consumer for payment or as security

18 for payment of a debt arising out of an EISA. An assignment of

19 earnings in violation of this Section is unenforceable by the

20 assignee of the earnings and revocable by the consumer. This

21 Section does not limit the ability of the consumer to

22 voluntarily elect to use a revocable payroll deduction

23 mechanism, such as one offered by an employer or payroll

24 provider, provided that the consumer is not assigning the

25 consumer's earnings or wages.
    SB1537 Enrolled          - 25 - LRB104 08584 JDS 18636 b

1   (b) A sale of unpaid earnings made in consideration of the

2 payment of money to or for the account of the seller of the

3 earnings is deemed to be a loan to the seller secured by an

4 assignment of earnings.

5   (110 ILCS 992/7-65 new)

6   Sec. 7-65. Limitations on garnishment. Before entry of

7 judgment in an action against a consumer for a payment arising

8 from an EISA, a licensee may not attach unpaid earnings of the

9 consumer by garnishment or like proceedings.

10  (110 ILCS 992/7-70 new)

11  Sec. 7-70. Use of multiple agreements. An EISA provider

12 shall not use multiple agreements with respect to a single

13 EISA with intent to violate any limitations of this Act.

14  (110 ILCS 992/7-75 new)

15  Sec. 7-75. Required disclosures.

16  (a) An EISA provider shall disclose the following

17 information to each consumer, clearly and conspicuously, in a

18 form that the consumer can keep at the time the transaction is

19 consummated:

20  (1) the date of the EISA;

21  (2) the dollar amount of the amount financed;

22  (3) the sales price of the transaction if different

23  from the amount financed;
    SB1537 Enrolled         - 26 - LRB104 08584 JDS 18636 b

1   (4) the EISA payment calculation method, including any

2   percentages used in the EISA payment calculation method,

3   which shall be rounded to the nearest one-hundredth of 1%

4   if the percentage is not a whole number;

5   (5) the maximum number of payments expressed as a

6   whole number;

7   (6) the maximum duration expressed as a whole number

8   of the period of time;

9   (7) the income threshold expressed as a dollar amount

10  and a statement that payments will only be required during

11  periods when the consumer's income is equal to or exceeds

12  the income threshold;

13  (8) an itemization of the amount financed and, if the

14  EISA provider is a seller of goods or services, an

15  itemization of the amount of any down payment and any

16  additional fees or costs;

17  (9) the definition of "income" to be used for the

18  purposes of calculating the consumer's obligations under

19  the EISA;

20  (10) a description of the terms under which the

21  obligations of the consumer under the EISA will be

22  extinguished before the full EISA duration;

23  (11) a payment schedule that shows the date on which

24  the first payment will be due and reflects each date

25  thereafter during the EISA duration that a payment may be

26  due;
    SB1537 Enrolled         - 27 - LRB104 08584 JDS 18636 b

1   (12) an itemization of any permissible fees associated

2   with the EISA;

3   (13) a description of the methods used by the EISA

4   provider to engage in a process of reconciliation and

5   verification to determine if the consumer's payments are

6   more than, equal to, or less than the payments owed by the

7   consumer under the consumer's EISA; this description shall

8   include the following:

9   (i) a description of the frequency or triggers for

10  the commencement of the income verification process;

11  (ii) a description of the requirements and timing

12  of the process in which the consumer must participate

13  in order for the EISA provider to verify the

14  consumer's income; and

15  (iii) a description of any records or forms,

16  including tax records, that the consumer may be

17  required to execute or submit;

18  (14) the name and address of the EISA provider;

19  (15) a table that displays the dollar amounts of each

20  payment, the number of payments, the effective annual

21  percentage rate, and the total of all payments that a

22  consumer would be required to pay under the EISA at a range

23  of annual income levels based on the EISA duration and

24  that includes a statement that "This comparison table is

25  for illustrative purposes only and may not reflect the

26  amounts that you are likely to pay under this educational
    SB1537 Enrolled    - 28 - LRB104 08584 JDS 18636 b

1   income share agreement. This table assumes you have the

2   same income over the entire term of your educational

3   income share agreement. It does not take into account

4   changes in income. Your income will likely change over

5   time. This table does not represent the income or range of

6   incomes that you are likely to earn in the future.". In

7   computing the APR, the EISA provider shall use the amount

8   financed and may assume that the EISA will be disbursed in

9   the amount and with the disbursement schedule that it

10  reasonably expects to follow for such EISA and that

11  payments would commence on the date set forth in the EISA.

12  The income used in this disclosure shall include, at

13  minimum, the obligations at the following incomes:

14  (i) no income;

15  (ii) income equal to the annual equivalent of the

16  income threshold;

17  (iii) various income scenarios with at least

18  calculations at annual incomes of $40,000, $60,000,

19  $80,000, $100,000, $125,000, $150,000, $175,000, and

20  $200,000; and

21  (iv) if known by the EISA provider, the consumer's

22  current income;

23  (16) a statement that the EISA is not a fixed payment

24  installment loan and that the amount the consumer will be

25  required to pay under the EISA:

26  (i) may be more or less than the amount financed by
    SB1537 Enrolled          - 29 - LRB104 08584 JDS 18636 b

1        the EISA provider; and

2        (ii) will vary in proportion with the consumer's

3        income; and

4        (17) a statement relating to the bankruptcy treatment

5   of the EISA consistent with the requirements set forth in

6   12 CFR 1026.47(a)(3)(iv), as it may be amended or

7   interpreted.

8   (b) The disclosures required by this Section shall be

9 grouped together and segregated from all other information.

10  (c) The disclosures required by this Section may be

11 provided to a consumer in electronic form, subject to

12 compliance with the consumer's consent and other applicable

13 provisions of the Electronic Signatures in Global and National

14 Commerce Act, 15 U.S.C. 7001 et seq., and applicable State

15 law.

16  (d) If model documents are established pursuant to any

17 federal law covering income share agreements, compliance with

18 those forms shall be considered compliance with this Act with

19 respect to the disclosure requirements contained in this Act.

20  (110 ILCS 992/7-80 new)

21  Sec. 7-80. Early completion. An EISA shall specify the

22 terms and conditions by which the consumer may extinguish the

23 consumer's obligations under the EISA before the end of the

24 EISA's duration. An EISA must not include a prepayment penalty

25 that violates the prohibition found in 15 U.S.C. 1650(e), as
    SB1537 Enrolled          - 30 - LRB104 08584 JDS 18636 b

1 it may be amended or interpreted. A consumer may always cancel

2 an EISA by making aggregate payments, excluding payments to

3 fees, equal to the EISA payment cap. The consumer is entitled

4 to this early completion regardless of whether the consumer

5 makes this early completion payment by making regularly

6 scheduled payments or by making a single lump-sum payment in

7 the amount of the early completion payment.

8   This Section shall create an early completion mechanism

9 for EISAs that is in lieu of other State laws regarding

10 prepayment penalties.

11  (110 ILCS 992/7-85 new)

12  Sec. 7-85. Assumption of increase in future income.

13  (a) If a consumer fails to provide income documentation as

14 reasonably required by an EISA, an EISA provider may assign an

15 amount of income to the consumer and compute the consumer's

16 monthly payment amount by any of the following methods, to the

17 extent disclosed in the EISA:

18  (1) assigning an income amount obtained from a

19  reasonably reliable third party or a credit reporting

20  agency;

21  (2) if the consumer previously provided income

22  documentation or has had an income assigned in the prior

23  12-month period that has increased by an amount not to

24  exceed 10%, but such increase may not be applied more than

25  once per 12-month period;
    SB1537 Enrolled          - 31 - LRB104 08584 JDS 18636 b

1   (3) contacting the Department of Revenue or the

2   Internal Revenue Service to obtain the most recent

3   information available about the student's income; or

4   (4) assigning a reasonable qualified income based on

5   the incomes of the nearest reasonably relevant quantile of

6   income of consumers who attended the same or a reasonably

7   comparable covered educational program or course of study,

8   as determined by information published by the Bureau of

9   Labor Statistics or other reasonably reliable publicly

10  available data sources.

11  (b) If an EISA provider assigns an income to a consumer's

12 EISA, then it shall notify the consumer in the monthly billing

13 statement, and in each billing statement thereafter while the

14 assigned income remains applicable to the consumer's EISA,

15 that income has been assigned and of the consumer's rights

16 under this Section.

17  (c) If the consumer does provide income information as

18 reasonably required by the EISA within one year of the date on

19 which the EISA provider notified the consumer that assigned

20 income will be applied to the EISA, then, within 15 days after

21 the EISA provider's receipt of such information, the EISA

22 provider shall update each prior instance in which assigned

23 income was applied using the income information provided by

24 the consumer; if the consumer provides income information more

25 than one year after the EISA provider first assigned income to

26 the consumer's EISA, then the EISA provider may, but is not
    SB1537 Enrolled          - 32 - LRB104 08584 JDS 18636 b

1 obligated to, update each prior instance in which assigned

2 income was applied using the income information provided by

3 the consumer.

4   (d) An EISA provider that assigns income to an EISA shall

5 retain all applicable records relating to the method and data

6 sources used to make such estimation for 3 years after the end

7 of that EISA.

8   (110 ILCS 992/7-90 new)

9   Sec. 7-90. Receipts; statements of account; evidence of

10 payment.

11  (a) The EISA provider shall deliver or mail to the

12 consumer, without request, a written receipt for each payment

13 made pursuant to an EISA. A periodic statement showing a

14 payment received by mail complies with this subsection (a).

15  (b) An EISA provider shall provide a written payment

16 history to a borrower upon request at no cost within 21

17 calendar days of receiving the request.

18  (c) An EISA provider shall indicate on its website that a

19 borrower may request a payoff statement. An EISA provider

20 shall provide the payoff statement within 10 days, including

21 information the requester needs to pay off the loan. If a

22 payoff is made, the EISA provider must send a paid-in-full

23 notice within 30 days.

24  (110 ILCS 992/7-95 new)
    SB1537 Enrolled            - 33 - LRB104 08584 JDS 18636 b

1   Sec. 7-95. Adjustment of dollar amounts.

2   (a) From time to time, the dollar amounts in this Act

3 designated as subject to change shall change, as provided in

4 this Section, according to and to the extent of changes in the

5 index.

6   (b) The index for December of the year preceding the year

7 in which this Act becomes effective is the reference base

8 index.

9   (c) The designated dollar amounts shall change on July 1

10 of each even-numbered year if the percentage of change,

11 calculated to the nearest whole percentage point, between the

12 index and the end of the preceding year and the reference base

13 index is 10% or more, but:

14        (1) the portion of the percentage change in the index

15  in excess of a multiple of 10% shall be disregarded and the

16  dollar amounts shall change only in multiples of 10% of

17  the amounts provided in this Act on the date of enactment;

18  and

19        (2) the dollar amounts shall not change if the amounts

20  required by this Section are those currently in effect

21  pursuant to this Act as a result of earlier application of

22  this Section.

23  (d) If the index is revised, the percentage of change

24 pursuant to this Section shall be calculated on the basis of

25 the revised index. If a revision of the index changes the

26 reference base index, a revised reference base index shall be
    SB1537 Enrolled           - 34 - LRB104 08584 JDS 18636 b

1 determined by multiplying the reference base index then

2 applicable by the rebasing factor furnished by the Bureau of

3 Labor Statistics. If the index is superseded, the index

4 referred to in this Section is the one represented by the

5 Bureau of Labor Statistics as reflecting most accurately

6 changes in the purchasing power of the dollar for consumers.

7   (e) The Department shall adopt a rule setting forth, on or

8 before April 30 of each year in which dollar amounts are to

9 change, the changes in dollar amounts required by this

10 Section. As soon as practical after the changes occur, the

11 Department shall adopt a rule setting forth the changes in the

12 index required by subsection (d), including, if applicable,

13 the numerical equivalent of the reference base index under a

14 revised reference base index and the designation or title of

15 any index superseding the index.

16  (f) A person does not violate this Act with respect to a

17 transaction otherwise complying with this Act if the person

18 relies on dollar amounts either determined according to

19 subsection (c) or appearing in the last rule of the Department

20 announcing the then-current dollar amounts.

21  (110 ILCS 992/7-100 new)

22  Sec. 7-100. Construction against implicit authority. This

23 Act is a general Act intended as a unified coverage of its

24 subject matter. No part of this Act shall be construed to be

25 impliedly repealed by subsequent law if that construction can
         SB1537 Enrolled      - 35 - LRB104 08584 JDS 18636 b
1 reasonably be avoided.

2   (110 ILCS 992/7-105 new)

3   Sec. 7-105. Application of other Acts. EISAs and EISA

4 providers are subject to other Articles of this Act, the Know

5 Before You Owe Private Education Loan Act, and the Predatory

6 Loan Prevention Act and shall comply with their requirements

7 and any rules adopted by the Department of Financial and

8 Professional Regulation pursuant to those Acts. Nothing in

9 this Section is intended to imply that: (i) an EISA is not a

10 credit transaction or (ii) an EISA does not create a debt upon

11 the accrual of an obligation under the EISA.

12  (110 ILCS 992/7-110 new)

13  Sec. 7-110. Rulemaking. Notwithstanding any other

14 provision of this Act, the Secretary may adopt rules for the

15 regulation of any EISA provider that does not engage in the

16 servicing of student loans, including, but not limited to,

17 EISAs. The Secretary's authority to adopt rules shall include,

18 but is not limited to, licensure, examination, supervision,

19 investigation, confidentiality, and enforcement. The rules

20 adopted by the Secretary shall not incorporate any provision

21 of Article 1, 5, 10, 15, 20, or 25 of this Act if that

22 provision conflicts with this Article.

23  (110 ILCS 992/25-5)
   SB1537 Enrolled  - 36 - LRB104 08584 JDS 18636 b

1  Sec. 25-5. Enforcement; Consumer Fraud and Deceptive

2 Business Practices Act. The Attorney General may enforce a

3 violation of Article 5 or 7 of this Act as an unlawful practice

4 under the Consumer Fraud and Deceptive Business Practices Act.

5 (Source: P.A. 100-540, eff. 12-31-18.)

6  Section 10. The Consumer Installment Loan Act is amended

7 by changing Section 1 as follows:

8  (205 ILCS 670/1) (from Ch. 17, par. 5401)

9  Sec. 1. License required to engage in business. No person,

10 partnership, association, limited liability company, or

11 corporation shall engage in the business of making loans of

12 money and charge, contract for, or receive on any such loan a

13 greater annual percentage rate than 9% except as authorized by

14 this Act after first obtaining a license from the Director of

15 Financial Institutions (hereinafter called the Director). No

16 licensee, or employee or affiliate thereof, that is licensed

17 under the Payday Loan Reform Act shall obtain a license under

18 this Act except that a licensee under the Payday Loan Reform

19 Act may obtain a license under this Act for the exclusive

20 purpose and use of making title-secured loans, as defined in

21 subsection (a) of Section 15 of this Act and governed by Title

22 38, Section 110.300 of the Illinois Administrative Code. For

23 the purpose of this Section, "affiliate" means any person or

24 entity that directly or indirectly controls, is controlled by,
    SB1537 Enrolled            - 37 - LRB104 08584 JDS 18636 b

1 or shares control with another person or entity. A person or

2 entity has control over another if the person or entity has an

3 ownership interest of 25% or more in the other. A person or

4 entity licensed to provide educational income share agreements

5 is exempt from the requirements of this Act to the extent of

6 its operation under Article 7 of the Student Loan Servicing

7 Rights Act.

8   In this Act, "Director" means the Director of Financial

9 Institutions of the Department of Financial and Professional

10 Regulation.

11 (Source: P.A. 101-658, eff. 3-23-21.)

12  Section 15. The Interest Act is amended by changing

13 Section 4 as follows:

14  (815 ILCS 205/4) (from Ch. 17, par. 6404)

15  Sec. 4. General interest rate.

16  (1) Except as otherwise provided in Section 4.05, in all

17 written contracts it shall be lawful for the parties to

18 stipulate or agree that an annual percentage rate of 9%, or any

19 less sum, shall be taken and paid upon every $100 of money

20 loaned or in any manner due and owing from any person to any

21 other person or corporation in this state, and after that rate

22 for a greater or less sum, or for a longer or shorter time,

23 except as herein provided.

24  The maximum rate of interest that may lawfully be
    SB1537 Enrolled  - 38 - LRB104 08584 JDS 18636 b

1 contracted for is determined by the law applicable thereto at

2 the time the contract is made. Any provision in any contract,

3 whether made before or after July 1, 1969, which provides for

4 or purports to authorize, contingent upon a change in the

5 Illinois law after the contract is made, any rate of interest

6 greater than the maximum lawful rate at the time the contract

7 is made, is void.

8   It is lawful for a state bank or a branch of an

9 out-of-state bank, as those terms are defined in Section 2 of

10 the Illinois Banking Act, to receive or to contract to receive

11 and collect interest and charges at any rate or rates agreed

12 upon by the bank or branch and the borrower. It is lawful for a

13 savings bank chartered under the Savings Bank Act or a savings

14 association chartered under the Illinois Savings and Loan Act

15 of 1985 to receive or contract to receive and collect interest

16 and charges at any rate agreed upon by the savings bank or

17 savings association and the borrower.

18  It is lawful to receive or to contract to receive and

19 collect interest and charges as authorized by this Act and as

20 authorized by the Consumer Installment Loan Act, the Payday

21 Loan Reform Act, the Retail Installment Sales Act, the

22 Illinois Financial Services Development Act, the Motor Vehicle

23 Retail Installment Sales Act, or the Consumer Legal Funding

24 Act, or the Student Loan Servicing Rights Act. It is lawful to

25 charge, contract for, and receive any rate or amount of

26 interest or compensation, except as otherwise provided in the
    SB1537 Enrolled  - 39 - LRB104 08584 JDS 18636 b

1 Predatory Loan Prevention Act, with respect to the following

2 transactions:

3   (a) Any loan made to a corporation;

4   (b) Advances of money, repayable on demand, to an

5   amount not less than $5,000, which are made upon warehouse

6   receipts, bills of lading, certificates of stock,

7   certificates of deposit, bills of exchange, bonds or other

8   negotiable instruments pledged as collateral security for

9   such repayment, if evidenced by a writing;

10  (c) Any credit transaction between a merchandise

11  wholesaler and retailer; any business loan to a business

12  association or copartnership or to a person owning and

13  operating a business as sole proprietor or to any persons

14  owning and operating a business as joint venturers, joint

15  tenants or tenants in common, or to any limited

16  partnership, or to any trustee owning and operating a

17  business or whose beneficiaries own and operate a

18  business, except that any loan which is secured (1) by an

19  assignment of an individual obligor's salary, wages,

20  commissions or other compensation for services, or (2) by

21  his household furniture or other goods used for his

22  personal, family or household purposes shall be deemed not

23  to be a loan within the meaning of this subsection; and

24  provided further that a loan which otherwise qualifies as

25  a business loan within the meaning of this subsection

26  shall not be deemed as not so qualifying because of the
    SB1537 Enrolled      - 40 - LRB104 08584 JDS 18636 b

1   inclusion, with other security consisting of business

2   assets of any such obligor, of real estate occupied by an

3   individual obligor solely as his residence. The term

4   "business" shall be deemed to mean a commercial,

5   agricultural or industrial enterprise which is carried on

6   for the purpose of investment or profit, but shall not be

7   deemed to mean the ownership or maintenance of real estate

8   occupied by an individual obligor solely as his residence;

9   (d) Any loan made in accordance with the provisions of

10  Subchapter I of Chapter 13 of Title 12 of the United States

11  Code, which is designated as "Housing Renovation and

12  Modernization";

13  (e) Any mortgage loan insured or upon which a

14  commitment to insure has been issued under the provisions

15  of the National Housing Act, Chapter 13 of Title 12 of the

16  United States Code;

17  (f) Any mortgage loan guaranteed or upon which a

18  commitment to guaranty has been issued under the

19  provisions of the Veterans' Benefits Act, Subchapter II of

20  Chapter 37 of Title 38 of the United States Code;

21  (g) Interest charged by a broker or dealer registered

22  under the Securities Exchange Act of 1934, as amended, or

23  registered under the Illinois Securities Law of 1953,

24  approved July 13, 1953, as now or hereafter amended, on a

25  debit balance in an account for a customer if such debit

26  balance is payable at will without penalty and is secured
    SB1537 Enrolled  - 41 - LRB104 08584 JDS 18636 b

1   by securities as defined in Uniform Commercial

2   Code-Investment Securities;

3   (h) Any loan made by a participating bank as part of

4   any loan guarantee program which provides for loans and

5   for the refinancing of such loans to medical students,

6   interns and residents and which are guaranteed by the

7   American Medical Association Education and Research

8   Foundation;

9   (i) Any loan made, guaranteed, or insured in

10  accordance with the provisions of the Housing Act of 1949,

11  Subchapter III of Chapter 8A of Title 42 of the United

12  States Code and the Consolidated Farm and Rural

13  Development Act, Subchapters I, II, and III of Chapter 50

14  of Title 7 of the United States Code;

15  (j) Any loan by an employee pension benefit plan, as

16  defined in Section 3 (2) of the Employee Retirement Income

17  Security Act of 1974 (29 U.S.C.A. Sec. 1002), to an

18  individual participating in such plan, provided that such

19  loan satisfies the prohibited transaction exemption

20  requirements of Section 408 (b) (1) (29 U.S.C.A. Sec. 1108

21  (b) (1)) or Section 2003 (a) (26 U.S.C.A. Sec. 4975 (d)

22  (1)) of the Employee Retirement Income Security Act of

23  1974;

24  (k) Written contracts, agreements or bonds for deed

25  providing for installment purchase of real estate,

26  including a manufactured home as defined in subdivision
    SB1537 Enrolled       - 42 - LRB104 08584 JDS 18636 b

1   (53) of Section 9-102 of the Uniform Commercial Code that

2   is real property as defined in the Conveyance and

3   Encumbrance of Manufactured Homes as Real Property and

4   Severance Act;

5   (l) Loans secured by a mortgage on real estate,

6   including a manufactured home as defined in subdivision

7   (53) of Section 9-102 of the Uniform Commercial Code that

8   is real property as defined in the Conveyance and

9   Encumbrance of Manufactured Homes as Real Property and

10  Severance Act;

11  (m) Loans made by a sole proprietorship, partnership,

12  or corporation to an employee or to a person who has been

13  offered employment by such sole proprietorship,

14  partnership, or corporation made for the sole purpose of

15  transferring an employee or person who has been offered

16  employment to another office maintained and operated by

17  the same sole proprietorship, partnership, or corporation;

18  (n) Loans to or for the benefit of students made by an

19  institution of higher education.

20  (2) Except for loans described in subparagraph (a), (c),

21 (d), (e), (f) or (i) of subsection (1) of this Section, and

22 except to the extent permitted by the applicable statute for

23 loans made pursuant to Section 4a or pursuant to the Consumer

24 Installment Loan Act:

25  (a) Whenever the rate of interest exceeds an annual

26  percentage rate of 8% on any written contract, agreement
    SB1537 Enrolled  - 43 - LRB104 08584 JDS 18636 b

1   or bond for deed providing for the installment purchase of

2   residential real estate, or on any loan secured by a

3   mortgage on residential real estate, it shall be unlawful

4   to provide for a prepayment penalty or other charge for

5   prepayment.

6   (b) No agreement, note or other instrument evidencing

7   a loan secured by a mortgage on residential real estate,

8   or written contract, agreement or bond for deed providing

9   for the installment purchase of residential real estate,

10  may provide for any change in the contract rate of

11  interest during the term thereof. However, if the Congress

12  of the United States or any federal agency authorizes any

13  class of lender to enter, within limitations, into

14  mortgage contracts or written contracts, agreements or

15  bonds for deed in which the rate of interest may be changed

16  during the term of the contract, any person, firm,

17  corporation or other entity not otherwise prohibited from

18  entering into mortgage contracts or written contracts,

19  agreements or bonds for deed in Illinois may enter into

20  mortgage contracts or written contracts, agreements or

21  bonds for deed in which the rate of interest may be changed

22  during the term of the contract, within the same

23  limitations.

24  (3) In any contract or loan which is secured by a mortgage,

25 deed of trust, or conveyance in the nature of a mortgage, on

26 residential real estate, the interest which is computed,
   SB1537 Enrolled  - 44 - LRB104 08584 JDS 18636 b

1 calculated, charged, or collected pursuant to such contract or

2 loan, or pursuant to any regulation or rule promulgated

3 pursuant to this Act, may not be computed, calculated, charged

4 or collected for any period of time occurring after the date on

5 which the total indebtedness, with the exception of late

6 payment penalties, is paid in full.

7  (4) For purposes of this Section, a prepayment shall mean

8 the payment of the total indebtedness, with the exception of

9 late payment penalties if incurred or charged, on any date

10 before the date specified in the contract or loan agreement on

11 which the total indebtedness shall be paid in full, or before

12 the date on which all payments, if timely made, shall have been

13 made. In the event of a prepayment of the indebtedness which is

14 made on a date after the date on which interest on the

15 indebtedness was last computed, calculated, charged, or

16 collected but before the next date on which interest on the

17 indebtedness was to be calculated, computed, charged, or

18 collected, the lender may calculate, charge and collect

19 interest on the indebtedness for the period which elapsed

20 between the date on which the prepayment is made and the date

21 on which interest on the indebtedness was last computed,

22 calculated, charged or collected at a rate equal to 1/360 of

23 the annual rate for each day which so elapsed, which rate shall

24 be applied to the indebtedness outstanding as of the date of

25 prepayment. The lender shall refund to the borrower any

26 interest charged or collected which exceeds that which the
    SB1537 Enrolled  - 45 - LRB104 08584 JDS 18636 b

1 lender may charge or collect pursuant to the preceding

2 sentence. The provisions of this amendatory Act of 1985 shall

3 apply only to contracts or loans entered into on or after the

4 effective date of this amendatory Act, but shall not apply to

5 contracts or loans entered into on or after that date that are

6 subject to Section 4a of this Act, the Consumer Installment

7 Loan Act, the Payday Loan Reform Act, the Predatory Loan

8 Prevention Act, or the Retail Installment Sales Act, or that

9 provide for the refund of precomputed interest on prepayment

10 in the manner provided by such Act.

11  (5) For purposes of items (a) and (c) of subsection (1) of

12 this Section, a rate or amount of interest may be lawfully

13 computed when applying the ratio of the annual interest rate

14 over a year based on 360 days. The provisions of this

15 amendatory Act of the 96th General Assembly are declarative of

16 existing law.

17  (6) For purposes of this Section, "real estate" and "real

18 property" include a manufactured home, as defined in

19 subdivision (53) of Section 9-102 of the Uniform Commercial

20 Code that is real property as defined in the Conveyance and

21 Encumbrance of Manufactured Homes as Real Property and

22 Severance Act.

23 (Source: P.A. 101-658, eff. 3-23-21; 102-987, eff. 5-27-22.)

24  Section 97. Severability. The provisions of this Act are

25 severable under Section 1.31 of the Statute on Statutes.
   SB1537 Enrolled  - 46 - LRB104 08584 JDS 18636 b

1  Section 99. Effective date. This Act takes effect upon

2 becoming law.
   SB1537 Enrolled        - 47 - LRB104 08584 JDS 18636 b

1                         INDEX

2  Statutes amended in order of appearance

 3 110 ILCS 992/1-5
 4 110 ILCS 992/Art. 7
 5 heading new
 6 110 ILCS 992/7-1 new
 7 110 ILCS 992/7-3 new
 8 110 ILCS 992/7-5 new
 9 110 ILCS 992/7-10 new
10 110 ILCS 992/7-15 new
11 110 ILCS 992/7-20 new
12 110 ILCS 992/7-25 new
13 110 ILCS 992/7-30 new
14 110 ILCS 992/7-35 new
15 110 ILCS 992/7-40 new
16 110 ILCS 992/7-45 new
17 110 ILCS 992/7-50 new
18 110 ILCS 992/7-55 new
19 110 ILCS 992/7-60 new
20 110 ILCS 992/7-65 new
21 110 ILCS 992/7-70 new
22 110 ILCS 992/7-75 new
23 110 ILCS 992/7-80 new
24 110 ILCS 992/7-85 new
25 110 ILCS 992/7-90 new
         SB1537 Enrolled    - 48 - LRB104 08584 JDS 18636 b

1 110 ILCS 992/7-95 new   from Ch. 17, par. 5401
2 110 ILCS 992/7-100 new  from Ch. 17, par. 6404
3 110 ILCS 992/7-105 new
4 110 ILCS 992/7-110 new
5 110 ILCS 992/25-5
6 205 ILCS 670/1
7 815 ILCS 205/4
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