SM BUS FINANCING TRANSPARENCY
Summary
Creates the Small Business Financing Transparency Act. Sets forth provisions concerning disclosure requirements for sales-based financing, closed-end commercial financing, open-end commercial financing, factoring transactions, renewal financing, and other forms of financing. Provides that all commercial financing shall include a clear and conspicuous notice on how to file a complaint with the Department of Financial and Professional Regulation. Provides that the Department may adopt rules. Provides that upon a finding by the Secretary of Financial and Professional Regulation that a provider has violated the provisions or rules, the provider shall be ordered to pay the Department a civil penalty for each violation of the provisions or any rule not to exceed $10,000 for each violation, or if a violation is willful, $20,000 for each violation. Sets forth provisions concerning cease and desist orders, injunctions, investigation and examination, civil actions, violations, and registration. Provides that a violation of the provisions constitutes an unlawful practice in violation of the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 7, 2025
Last action Apr 11, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Engrossed
·
3 edits
MINOR
The bill was updated from its introduced version to an engrossed version, incorporating amendments that refine the legal definitions of key terms. These changes clarify who qualifies as a 'provider' of commercial financing and explicitly exclude traditional banks and federally chartered institutions from the new regulatory requirements, ensuring the law targets non-bank lenders.
Scope change
The scope of applicability was narrowed by adding specific exemptions for banks, trust companies, industrial loan companies, and federally chartered savings and loan associations, meaning these entities are no longer subject to the new Small Business Truth in Lending Act provisions.
DEFINITION
The definition of 'Provider' was expanded to clarify that merely offering disclosures does not make someone a provider, and it was updated to explicitly exclude regulated financial institutions like banks and federally chartered entities.
New detailed definitions were added for 'Commercial financing facility' and 'Open-end financing,' specifying that open-end financing includes credit plans where repeated transactions are contemplated and finance charges may be imposed on outstanding balances.
A comprehensive definition for 'Person' was added, listing various entity types including sole proprietorships, partnerships, and trusts to ensure broad coverage of potential regulated parties.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
9
Key actions
1
Committee
4
Apr 11, 2025
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Mar 18, 2025
Lower · Passed
Do Pass / Short Debate Financial Institutions and Licensing Committee; 008-004-000
lower
Mar 11, 2025
Committee
Assigned to Financial Institutions and Licensing Committee
lower
Feb 18, 2025
Committee
Referred to Rules Committee
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Dee Avelar
DDemocratic
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