Full Text of HB0101 98th General Assembly
HB0101eng 98TH GENERAL ASSEMBLY |
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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 0.05, 4, and 7 as follows:
| 9 | | (205 ILCS 510/0.05)
| 10 | | Sec. 0.05. Administration of Act.
| 11 | | (a) This Act shall be administered by the
Secretary of | 12 | | Financial and Professional Regulation, and, beginning on July | 13 | | 28, 2010 (the effective date of Public Act 96-1365), all | 14 | | references in this Act to the Commissioner of Banks and Real | 15 | | Estate are deemed, in appropriate contexts, to be references to | 16 | | the Secretary of Financial and Professional Regulation, who | 17 | | shall have all of the following
powers and duties in | 18 | | administering this Act:
| 19 | | (1) To promulgate reasonable rules for the purpose of | 20 | | administering the
provisions of this Act.
| 21 | | (2) To issue orders for the purpose of administering | 22 | | the provisions of
this
Act and any rule promulgated in | 23 | | accordance with this Act.
| 24 | | (2.5) To order restitution to consumers suffering |
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| 1 | | damages resulting from violations of this Act, rules | 2 | | promulgated in accordance with this Act, or other laws or | 3 | | regulations related to the operation of a pawnshop.
| 4 | | (3) To appoint hearing officers and to hire employees | 5 | | or to contract with
appropriate persons to execute any of | 6 | | the powers granted to
the Secretary under this Section for | 7 | | the purpose of administering this
Act and any rule | 8 | | promulgated in accordance with this Act.
| 9 | | (4) To subpoena witnesses, to compel their attendance, | 10 | | to administer an
oath, to examine any person under oath, | 11 | | and to require the production of any
relevant books, | 12 | | papers, accounts, and documents in the course of and | 13 | | pursuant
to any investigation being conducted, or any | 14 | | action being taken, by the
Secretary in respect of any | 15 | | matter relating to the duties imposed upon, or
the powers | 16 | | vested in, the Secretary under the provisions of this Act | 17 | | or any
rule promulgated in accordance with this Act.
| 18 | | (5) To conduct hearings.
| 19 | | (6) To impose civil penalties graduated up to $10,000 | 20 | | $1,000 against any person
for each day that person violates
| 21 | | violation of any provision of this Act, any rule | 22 | | promulgated in
accordance
with this Act, any State or | 23 | | federal law affecting pawnbrokers, or any order of the | 24 | | Secretary
based upon the seriousness of the violation.
| 25 | | (6.5) To initiate, through the Attorney General, | 26 | | injunction proceedings
whenever it appears to the |
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| 1 | | Secretary that any person, whether licensed under
this Act | 2 | | or not, is engaged or about to engage in an act or practice | 3 | | that
constitutes or will constitute a violation of this Act | 4 | | or any rule prescribed
under the authority of this Act. The | 5 | | Secretary may, in his or her
discretion, through the | 6 | | Attorney General, apply for an injunction, and upon a
| 7 | | proper showing, any circuit court may enter a permanent or | 8 | | preliminary
injunction or a temporary restraining order | 9 | | without bond to enforce this Act in
addition to the | 10 | | penalties and other remedies provided for in this Act.
| 11 | | (7) To issue a cease and desist order and, for | 12 | | violations of
this Act, any order issued by the Secretary | 13 | | pursuant to this Act, any
rule promulgated in accordance | 14 | | with this Act,
or any other applicable law in connection | 15 | | with the operation of a pawnshop,
to suspend a license | 16 | | issued under this Act for up to 30 days.
| 17 | | (8) To determine
compliance with applicable law and | 18 | | rules related to the operation of pawnshops
and to verify | 19 | | the accuracy of reports filed with the Secretary, the
| 20 | | Secretary, not more than one time every 2 years, may, but | 21 | | is not required
to, conduct a routine examination of a | 22 | | pawnshop, and in
addition, the Secretary may examine the | 23 | | affairs of any pawnshop at any time if the Secretary
has
| 24 | | reasonable cause to believe that unlawful or fraudulent | 25 | | activity is occurring,
or has occurred, therein.
| 26 | | (9) In response to a complaint, to address any |
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| 1 | | inquiries to any pawnshop
in relation to its affairs, and | 2 | | it shall be the duty of the pawnshop to
promptly reply in | 3 | | writing to such inquiries. The Secretary may also require
| 4 | | reports or information from any pawnshop at any time the | 5 | | Secretary may deem
desirable.
| 6 | | (10) To revoke a license issued under this Act if the | 7 | | Secretary
determines that (a) a licensee has been convicted | 8 | | of a felony in connection
with the operations of a | 9 | | pawnshop; (b) a licensee knowingly, recklessly, or
| 10 | | continuously violated this Act or State or federal law or | 11 | | regulation, a rule promulgated in
accordance with this Act, | 12 | | or any order of the Secretary; (c) a fact or
condition | 13 | | exists that, if it had existed or had been known at the | 14 | | time of the
original application, would have justified | 15 | | license refusal; (d) the licensee
knowingly submits | 16 | | materially false or misleading documents with the intent to
| 17 | | deceive the Secretary or any other party; or (e) the | 18 | | licensee is unable or ceases to continue to operate the | 19 | | pawnshop.
| 20 | | (10.2) To remove or prohibit the employment of any | 21 | | officer, director, employee, or agent of the pawnshop who | 22 | | engages in or has engaged in unlawful activities that | 23 | | relate to the operation of a pawnshop. | 24 | | (10.7) To prohibit the hiring of employees who have | 25 | | been convicted of a financial crime or any crime involving | 26 | | breach of trust who do not meet exceptions as established |
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| 1 | | by rule of the Secretary.
| 2 | | (11) Following license revocation, to take possession | 3 | | and control of a
pawnshop for the purpose of examination, | 4 | | reorganization, or liquidation through
receivership and to | 5 | | appoint a receiver, which may be the Secretary, a
pawnshop, | 6 | | or
another suitable person.
| 7 | | (b) After consultation with local law enforcement | 8 | | officers, the Attorney
General, and the industry, the Secretary | 9 | | may by rule require that
pawnbrokers
operate video camera | 10 | | surveillance systems to record photographic
representations of | 11 | | customers and retain the tapes produced for up to 30 days.
| 12 | | (c) Pursuant to rule, the Secretary shall issue licenses on | 13 | | an annual or
multi-year basis for operating a
pawnshop. Any | 14 | | person currently operating or
who has operated a pawnshop in | 15 | | this State during the 2 years preceding the
effective date of | 16 | | this amendatory Act of 1997 shall be issued a license upon
| 17 | | payment of the fee required under this Act. New applicants | 18 | | shall meet
standards for a license as established by the | 19 | | Secretary.
Except with the prior written consent of the | 20 | | Secretary, no individual,
either a new applicant or a person | 21 | | currently operating a pawnshop, may be
issued a license to | 22 | | operate a pawnshop if the individual has been convicted
of a | 23 | | felony or of any criminal offense relating to dishonesty or | 24 | | breach of
trust in connection with the operations of a | 25 | | pawnshop.
The Secretary shall
establish license fees. The fees | 26 | | shall not exceed the amount reasonably
required for |
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| 1 | | administration of this Act. It shall be unlawful to operate a
| 2 | | pawnshop without a license issued by the Secretary.
| 3 | | (d) In addition to license fees, the Secretary may, by | 4 | | rule, establish
fees in connection with a review, approval, or | 5 | | provision of a service, and levy
a reasonable charge to recover | 6 | | the cost of the review, approval, or service
(such as a change | 7 | | in control, change in location, or renewal of a license).
The | 8 | | Secretary may also levy a reasonable charge to recover the cost | 9 | | of an
examination if the Secretary determines that unlawful or | 10 | | fraudulent activity
has occurred. The Secretary may require | 11 | | payment of the fees and charges
provided in this Act by | 12 | | certified check, money order, an electronic transfer of
funds, | 13 | | or an automatic debit of an account.
| 14 | | (e) The Pawnbroker Regulation Fund is established as a | 15 | | special
fund in the State treasury. Moneys collected under this | 16 | | Act shall be deposited
into the Fund and used for the | 17 | | administration of this Act.
In the event that General Revenue | 18 | | Funds are appropriated to the Department of Financial and | 19 | | Professional Regulation for the initial implementation of this
| 20 | | Act, the Governor may direct the repayment from the Pawnbroker | 21 | | Regulation
Fund to the General Revenue Fund of such advance in | 22 | | an amount not to exceed
$30,000. The Governor may direct this | 23 | | interfund transfer at such time as he
deems appropriate by | 24 | | giving appropriate written notice. Moneys in the Pawnbroker | 25 | | Regulation Fund may be transferred to the Professions Indirect | 26 | | Cost Fund, as authorized under Section 2105-300 of the |
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| 1 | | Department of Professional Regulation Law of the Civil | 2 | | Administrative Code of Illinois.
| 3 | | (f) The Secretary may, by rule, require all pawnshops to | 4 | | provide for
the expenses that would arise from the | 5 | | administration of the receivership of a
pawnshop under this Act | 6 | | through the assessment of fees, the requirement to
pledge | 7 | | surety bonds, or such other methods as determined by the | 8 | | Secretary.
| 9 | | (g) All final administrative decisions of the Secretary | 10 | | under
this Act shall be subject to judicial review pursuant to | 11 | | the provisions of the
Administrative Review Law. For matters | 12 | | involving administrative review, venue
shall be in
either | 13 | | Sangamon County or Cook County.
| 14 | | (Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10; | 15 | | 97-333, eff. 8-12-11.)
| 16 | | (205 ILCS 510/4) (from Ch. 17, par. 4654)
| 17 | | Sec. 4.
Every pawnbroker shall, at the time of making any | 18 | | advancement
or loan, deliver to the person pawning or pledging | 19 | | any property, a
memorandum, contract, or note signed by him or | 20 | | her containing an accurate
account and description, in the | 21 | | English language, of all the goods,
articles or other things | 22 | | pawned or pledged, the amount of money,
value of things loaned | 23 | | thereon, the time of pledging the same, the
rate of interest to | 24 | | be paid on the loan, the name and residence of
the person | 25 | | making the pawn or pledge, and the amount of any fees
as |
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| 1 | | specified in Section 2 of this Act.
| 2 | | (Source: P.A. 87-802.)
| 3 | | (205 ILCS 510/7) (from Ch. 17, par. 4657)
| 4 | | Sec. 7. Daily report.
| 5 | | (a) Except as provided in subsection (b), it
shall be the | 6 | | duty of every pawnbroker to make
out and deliver to
the sheriff | 7 | | of the county in which such pawnbroker does business, on each
| 8 | | day before the hours of 12 o'clock noon, a legible and exact | 9 | | copy from
the standard record book, as required in Section 5 of | 10 | | this Act, that lists
all personal property and any other | 11 | | valuable thing received
on deposit or
purchased during the | 12 | | preceding day, including the exact
time when
received or | 13 | | purchased, and a description of the person or person by whom
| 14 | | left in pledge, or from whom the same were purchased; provided, | 15 | | that in
cities or towns having 25,000 or more inhabitants,
a | 16 | | copy of
the such report shall at the same time also be | 17 | | delivered to the
superintendent of police or the chief police | 18 | | officer of such city or town.
Such report may be made by | 19 | | computer printout or input memory device if the
format has been | 20 | | approved by the local law enforcement agency.
| 21 | | (b) In counties with more than 3,000,000 inhabitants, a | 22 | | pawnbroker must
provide the daily report to the sheriff only if | 23 | | the pawnshop is located in an
unincorporated area of the | 24 | | county.
Pawnbrokers located in cities or towns in such counties | 25 | | must deliver such
reports to the superintendent of police or |
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| 1 | | the chief police officer of such
city or town.
| 2 | | (c) All information provided to law enforcement according | 3 | | to the reporting requirements of this Section is confidential | 4 | | and is not subject to disclosure under the Freedom of | 5 | | Information Act. | 6 | | (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law. |
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