Full Text of HB0101 98th General Assembly
HB0101 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0101 Introduced 1/10/2013, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7.5 | | 205 ILCS 510/4 | from Ch. 17, par. 4654 | 205 ILCS 510/7 | from Ch. 17, par. 4657 |
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Amends the Pawnbroker Regulation Act. Provides that the
value of things loaned by a person to a pawnbroker shall no longer be included in the
memorandum, contract, or note signed by the pawnbroker. Provides that all information provided to law enforcement according to the reporting requirements of a specified provision is confidential and is not subject to disclosure under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential under | 11 | | Section 4002 of the Technology Advancement and Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library Records | 14 | | Confidentiality Act. | 15 | | (c) Applications, related documents, and medical records | 16 | | received by the Experimental Organ Transplantation Procedures | 17 | | Board and any and all documents or other records prepared by | 18 | | the Experimental Organ Transplantation Procedures Board or its | 19 | | staff relating to applications it has received. | 20 | | (d) Information and records held by the Department of | 21 | | Public Health and its authorized representatives relating to | 22 | | known or suspected cases of sexually transmissible disease or | 23 | | any information the disclosure of which is restricted under the |
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| 1 | | Illinois Sexually Transmissible Disease Control Act. | 2 | | (e) Information the disclosure of which is exempted under | 3 | | Section 30 of the Radon Industry Licensing Act. | 4 | | (f) Firm performance evaluations under Section 55 of the | 5 | | Architectural, Engineering, and Land Surveying Qualifications | 6 | | Based Selection Act. | 7 | | (g) Information the disclosure of which is restricted and | 8 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 9 | | (h) Information the disclosure of which is exempted under | 10 | | the State Officials and Employees Ethics Act, and records of | 11 | | any lawfully created State or local inspector general's office | 12 | | that would be exempt if created or obtained by an Executive | 13 | | Inspector General's office under that Act. | 14 | | (i) Information contained in a local emergency energy plan | 15 | | submitted to a municipality in accordance with a local | 16 | | emergency energy plan ordinance that is adopted under Section | 17 | | 11-21.5-5 of the Illinois Municipal Code. | 18 | | (j) Information and data concerning the distribution of | 19 | | surcharge moneys collected and remitted by wireless carriers | 20 | | under the Wireless Emergency Telephone Safety Act. | 21 | | (k) Law enforcement officer identification information or | 22 | | driver identification information compiled by a law | 23 | | enforcement agency or the Department of Transportation under | 24 | | Section 11-212 of the Illinois Vehicle Code. | 25 | | (l) Records and information provided to a residential | 26 | | health care facility resident sexual assault and death review |
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| 1 | | team or the Executive Council under the Abuse Prevention Review | 2 | | Team Act. | 3 | | (m) Information provided to the predatory lending database | 4 | | created pursuant to Article 3 of the Residential Real Property | 5 | | Disclosure Act, except to the extent authorized under that | 6 | | Article. | 7 | | (n) Defense budgets and petitions for certification of | 8 | | compensation and expenses for court appointed trial counsel as | 9 | | provided under Sections 10 and 15 of the Capital Crimes | 10 | | Litigation Act. This subsection (n) shall apply until the | 11 | | conclusion of the trial of the case, even if the prosecution | 12 | | chooses not to pursue the death penalty prior to trial or | 13 | | sentencing. | 14 | | (o) Information that is prohibited from being disclosed | 15 | | under Section 4 of the Illinois Health and Hazardous Substances | 16 | | Registry Act. | 17 | | (p) Security portions of system safety program plans, | 18 | | investigation reports, surveys, schedules, lists, data, or | 19 | | information compiled, collected, or prepared by or for the | 20 | | Regional Transportation Authority under Section 2.11 of the | 21 | | Regional Transportation Authority Act or the St. Clair County | 22 | | Transit District under the Bi-State Transit Safety Act. | 23 | | (q) Information prohibited from being disclosed by the | 24 | | Personnel Records Review Act. | 25 | | (r) Information prohibited from being disclosed by the | 26 | | Illinois School Student Records Act. |
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| 1 | | (s) Information the disclosure of which is restricted under | 2 | | Section 5-108 of the Public Utilities Act.
| 3 | | (t) All identified or deidentified health information in | 4 | | the form of health data or medical records contained in, stored | 5 | | in, submitted to, transferred by, or released from the Illinois | 6 | | Health Information Exchange, and identified or deidentified | 7 | | health information in the form of health data and medical | 8 | | records of the Illinois Health Information Exchange in the | 9 | | possession of the Illinois Health Information Exchange | 10 | | Authority due to its administration of the Illinois Health | 11 | | Information Exchange. The terms "identified" and | 12 | | "deidentified" shall be given the same meaning as in the Health | 13 | | Insurance Accountability and Portability Act of 1996, Public | 14 | | Law 104-191, or any subsequent amendments thereto, and any | 15 | | regulations promulgated thereunder. | 16 | | (u) Records and information provided to an independent team | 17 | | of experts under Brian's Law. | 18 | | (v) Names and information of people who have applied for or | 19 | | received Firearm Owner's Identification Cards under the | 20 | | Firearm Owners Identification Card Act. | 21 | | (w) Personally identifiable information which is exempted | 22 | | from disclosure under subsection (g) of Section 19.1 of the | 23 | | Toll Highway Act. | 24 | | (x) Information which is exempted from disclosure under | 25 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 26 | | Illinois Municipal Code. |
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| 1 | | (y) Information disclosed pursuant to Section 7 of the | 2 | | Pawnbroker Regulation Act. | 3 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 4 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 5 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 6 | | eff. 1-1-13.) | 7 | | Section 10. The Pawnbroker Regulation Act is amended by | 8 | | changing Sections 4 and 7 as follows:
| 9 | | (205 ILCS 510/4) (from Ch. 17, par. 4654)
| 10 | | Sec. 4.
Every pawnbroker shall, at the time of making any | 11 | | advancement
or loan, deliver to the person pawning or pledging | 12 | | any property, a
memorandum, contract, or note signed by him or | 13 | | her containing an accurate
account and description, in the | 14 | | English language, of all the goods,
articles or other things | 15 | | pawned or pledged, the amount of money,
value of things loaned | 16 | | thereon, the time of pledging the same, the
rate of interest to | 17 | | be paid on the loan, the name and residence of
the person | 18 | | making the pawn or pledge, and the amount of any fees
as | 19 | | specified in Section 2 of this Act.
| 20 | | (Source: P.A. 87-802.)
| 21 | | (205 ILCS 510/7) (from Ch. 17, par. 4657)
| 22 | | Sec. 7. Daily report.
| 23 | | (a) Except as provided in subsection (b), it
shall be the |
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| 1 | | duty of every pawnbroker to make
out and deliver to
the sheriff | 2 | | of the county in which such pawnbroker does business, on each
| 3 | | day before the hours of 12 o'clock noon, a legible and exact | 4 | | copy from
the standard record book, as required in Section 5 of | 5 | | this Act, that lists
all personal property and any other | 6 | | valuable thing received
on deposit or
purchased during the | 7 | | preceding day, including the exact
time when
received or | 8 | | purchased, and a description of the person or person by whom
| 9 | | left in pledge, or from whom the same were purchased; provided, | 10 | | that in
cities or towns having 25,000 or more inhabitants,
a | 11 | | copy of
the such report shall at the same time also be | 12 | | delivered to the
superintendent of police or the chief police | 13 | | officer of such city or town.
Such report may be made by | 14 | | computer printout or input memory device if the
format has been | 15 | | approved by the local law enforcement agency.
| 16 | | (b) In counties with more than 3,000,000 inhabitants, a | 17 | | pawnbroker must
provide the daily report to the sheriff only if | 18 | | the pawnshop is located in an
unincorporated area of the | 19 | | county.
Pawnbrokers located in cities or towns in such counties | 20 | | must deliver such
reports to the superintendent of police or | 21 | | the chief police officer of such
city or town.
| 22 | | (c) All information provided to law enforcement according | 23 | | to the reporting requirements of this Section is confidential | 24 | | and is not subject to disclosure under the Freedom of | 25 | | Information Act. | 26 | | (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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