Bill Text: IL HB5587 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Commercial Financing Licensing Act. Sets forth provisions concerning licensure requirements for persons providing commercial financing; applicability of the Act; applying for licensing under the Act; license application and issuance; refusal to issue a license; license issuance and renewal; fees; functions, power, and duties; examination and prohibited activities; subpoena power of the Secretary of Financial and Professional Regulation; reports required; suspension of licenses, revocation of licenses, civil penalties, and other discipline; investigation of complaints; confidentiality; appeal and review; licensure fees; injunctions; exemptions; complaint disclosure; rules; violations; severability; severability; and a commercial financing database. Amends the Freedom of Information Act to make a conforming change. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5587 Detail]

Download: Illinois-2023-HB5587-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5587 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
Creates the Commercial Financing Licensing Act. Sets forth provisions concerning licensure requirements for persons providing commercial financing; applicability of the Act; applying for licensing under the Act; license application and issuance; refusal to issue a license; license issuance and renewal; fees; functions, power, and duties; examination and prohibited activities; subpoena power of the Secretary of Financial and Professional Regulation; reports required; suspension of licenses, revocation of licenses, civil penalties, and other discipline; investigation of complaints; confidentiality; appeal and review; licensure fees; injunctions; exemptions; complaint disclosure; rules; violations; severability; severability; and a commercial financing database. Amends the Freedom of Information Act to make a conforming change. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Article may be cited as the
Consumer Protections for Small Business Act.
Section 2. Purpose and construction. The purpose of this
Act is to protect business owners. This Act shall be liberally
construed to effectuate its purpose.
Section 5. Definitions. As used in this Act:
"Applicant" means a person who has submitted an
application for a license pursuant to this Act.
"Commercial financing database" means a reporting database
certified by the Department as effective in receiving a report
of commercial financing made pursuant to this Act.
"Commercial financing database provider" means an entity
that provides a reporting database certified by the Department
pursuant to this Act.
"Commercial financing" means open-end financing,
closed-end financing, sales-based financing, factoring
transaction, or other form of financing, the proceeds of which
the recipient does not intend to use primarily for personal,
family, or household purposes. For purposes of determining

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whether a financing is a commercial financing, the provider
may rely on any statement of intended purposes by the
recipient. The statement may be a separate statement signed by
the recipient; may be contained in the financing application,
financing agreement, or other document signed or consented to
by the recipient; or may be provided orally by the recipient so
long as it is documented in the recipient's application file
by the provider. Electronic signatures and consents are valid
for purposes of the foregoing sentence. The provider shall not
be required to ascertain that the proceeds of a commercial
financing are used in accordance with the recipient's
statement of intended purposes.
"Department" means the Department of Financial and
Professional Regulation.
"Division of Financial Institutions" or "Division" means
the Division of Financial Institutions of the Department of
Financial and Professional Regulation.
"Person" means an individual, entity, corporation,
partnership, limited liability company, joint venture,
association, joint stock company, trust, or unincorporated
organization, including, but not limited to, a sole
proprietorship.
"Provider" means a person who extends a specific offer of
commercial financing to a recipient. Unless otherwise exempt,
"provider" includes a person who solicits and presents
specific offers of commercial financing on behalf of a third

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party. The mere extension of a specific offer or provision of
disclosures for a commercial financing, is not sufficient to
conclude that a provider is originating, making, funding, or
providing commercial financing.
"Recipient" means a person who applies for commercial
financing and is made a specific offer of commercial financing
by a provider. "Recipient" includes an authorized
representative of a person who applies for commercial
financing and is made a specific offer of commercial financing
by a provider. "Recipient" does not include a person acting as
a broker is not a recipient in a transaction they broker.
"Secretary" means the Secretary of Financial and
Professional Regulation or a person authorized by the
Secretary to perform the Secretary's responsibilities under
this Act.
"Specific offer" means the specific terms of commercial
financing, including price or amount, that is quoted to a
recipient based on information obtained from or about the
recipient that, if accepted by a recipient, shall be binding
on the provider, as applicable, subject to any specific
requirements stated in the specific terms.
Section 10. Applicability.
(a) Except as otherwise provided in this Section, this Act
applies to any person that offers or provides commercial
financing in Illinois or is otherwise a provider.

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(b) The provisions of this Act apply to any person that
seeks to evade its applicability by any device, subterfuge, or
pretense whatsoever.
(c) The provisions of this Act apply to any person that
aids or facilitates a violation of this Act.
Section 15. Division of Financial Institutions. This Act
shall be administered by the Division on behalf of the
Secretary.
Section 20. Licensure requirement. A person may not
provide commercial financing without the license required by
this Act and shall be guilty of a Class 4 felony for practicing
without a license. The Secretary may investigate a person the
Secretary believes may require licensure pursuant to this Act,
including, but not limited to compelling production of
testimony, books, records, or any other information necessary
for the Secretary to determine whether the person requires
licensure.
Section 25. Licensee name. No person providing commercial
financing may operate such business under a name other than
the real names of the entity and individuals conducting such
business. Such business may operate under an assumed corporate
name pursuant to the Business Corporation Act of 1983, an
assumed limited liability company name pursuant to the Limited

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Liability Company Act, or an assumed business name pursuant to
the Assumed Business Name Act with written authorization from
the Secretary. Each licensee shall update its name with the
Department within 10 days of the change of name.
Section 30. Application process; investigation; fees.
(a) The Secretary may issue a license to a person after the
person completes all of the following:
(1) the filing of an application for license with the
Secretary or a multistate licensing system as approved by
the Secretary;
(2) the filing with the Secretary or a multistate
licensing system as approved by the Secretary of a listing
of judgments entered against, and bankruptcy petitions by,
the applicant for the preceding 10 years;
(3) the payment, in certified funds, of investigation
and application fees, the total of which shall be in an
amount equal to $2,500; and
(4) the filing of an audited balance sheet, including
all footnotes prepared by a certified public accountant in
accordance with generally accepted accounting principles
and generally accepted auditing standards; notwithstanding
the requirements of this paragraph, an applicant that is a
subsidiary may submit audited consolidated financial
statements of its parent, intermediary parent, or ultimate
parent as long as the consolidated statements are

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supported by consolidating statements that include the
applicant's financial statement; if the consolidating
statements are unaudited, the applicant's chief financial
officer shall attest to the applicant's financial
statements disclosed in the consolidating statements.
(b) The Secretary may, for good cause shown, waive or
modify the requirements of subsection (a).
(c) Upon receipt of the license, a licensee is authorized
to engage in commercial financing. The license shall remain in
full force and effect until it expires, is surrendered by the
licensee, or is revoked or suspended as provided in this Act.
(d) The Secretary may impose conditions on a license if
the Secretary determines that those conditions are necessary
or appropriate. These conditions shall be imposed in writing
and shall continue in effect for the period prescribed by the
Secretary.
Section 35. Application form.
(a) Application for a license must be made in accordance
with this Act, if required by the Secretary, and in accordance
with requirements of the multistate licensing system. The
application shall be in writing, under oath, and on a form
obtained from and prescribed by the Secretary. The Secretary
may require part or all of the application to be submitted
electronically, with attestation, to the multistate licensing
system.

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(b) The application shall contain the name and complete
business and residential address or addresses of the
applicant. The application shall also include a description of
the activities of the applicant in such detail and for such
periods as the Secretary may require, including all of the
following:
(1) an affirmation that the applicant and its members,
directors, or principals, as may be appropriate, are at
least 18 years of age;
(2) information as to the name, complete business
address, complete residential address, character, fitness,
financial and business responsibility, background,
experience, and criminal record of any:
(i) person, including an ultimate equitable owner,
that directly or indirectly owns or controls 10% or
more of any class of stock of the applicant;
(ii) person, including an ultimate equitable owner
that is not a depository institution, as defined in
the Savings Bank Act, that lends, provides, or
infuses, directly or indirectly, in any way, funds to
or into an applicant in an amount equal to or more than
10% of the applicant's net worth;
(iii) person, including an ultimate equitable
owner that controls, directly or indirectly, the
election of 25% or more of the members of the board of
directors of an applicant;

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(iv) person, including an ultimate equitable owner
that the Secretary finds influences the management of
the applicant;
(v) director or directors of an applicant; and
(vi) principal officers of an applicant; and
(3) such other information as required by the
Secretary to assess whether the applicant and its owners,
officers, and directors have the financial responsibility,
financial condition, business experience, character, and
general fitness to justify the confidence of the public
and that the applicant and its owners, officers, and
directors are fit, willing, and able to carry on the
proposed business in a lawful and fair manner.
Section 40. Additional license application information.
(a) In order to fulfill the purposes of this Act, the
Secretary may establish relationships or contracts with a
multistate licensing system or other persons to collect and
maintain records and process fees related to licensees or
other persons subject to this Act.
(b) In connection with an application for licensing, the
applicant, owners, officers, and directors of an applicant may
be required, at a minimum, to furnish to the Secretary or
multistate licensing system information concerning the
applicant's, owners', officers' and directors' identity,
including personal history and experience in a form prescribed

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by the Secretary or multistate licensing system, including,
but not limited to:
(1) a complete and accurate copy of an independent
credit report obtained from a consumer reporting agency
described in Section 603(p) of the Fair Credit Reporting
Act (15 U.S.C. 1681a(p)); and
(2) information related to any administrative, civil,
or criminal findings by any governmental jurisdiction.
(c) For the purposes of this Section, and to reduce the
points of contact that the Secretary may have to maintain, the
Secretary may use a multistate licensing system as a
channeling agent for requesting and distributing information
to and from any source.
(d) Each application shall be accompanied by averments as
determined by the Secretary to fulfill the purposes of this
Act.
(e) Each applicant shall furnish to the Secretary or
multistate licensing system an updated business address within
10 days of any change of business address.
Section 45. Refusal to issue or renew license. The
Secretary may refuse to issue or renew a license if:
(1) the Secretary determines that the applicant has
not complied with a provision of this Act, its
implementing rules, or other laws that apply to the
applicant;

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(2) the Secretary determines that there is substantial
continuity between the applicant and any violator of this
Act, its implementing rules, or other laws that apply to
the applicant or related violator; or
(3) the Secretary determines that the applicant or its
owners, officers, or directors do not have the financial
responsibility, financial condition, business experience,
character, and general fitness of to justify the
confidence of the public and that the license applicant
and its owners, officers, and directors are fit, willing,
and able to carry on the proposed business in a lawful and
fair manner.
Section 50. License issuance and renewal.
(a) Licensees shall apply to renew their license every
calendar year. Licensees may submit properly completed renewal
application forms and filing fees 60 days before the license
expiration date and the same must be received by the Secretary
at least 30 days before the license expiration date.
(b) Each licensee must timely renew its license. Absent a
written extension from the Department, a license shall expire
on December 31 if a licensee fails to timely submit a properly
completed renewal application form and fees.
(c) No activity regulated by this Act shall be conducted
by a licensee whose license has expired. The Secretary may,
within the Secretary's discretion, reinstate an expired

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license upon payment of the renewal fee, payment of a
reactivation fee equal to 5 times the renewal fee, submission
of a completed renewal application, and an affidavit of good
cause for late renewal.
Section 55. Fees.
(a) The persons regulated by this Act shall bear the
expenses of administering this Act, including investigations
and examinations provided for in this Act. The Secretary may
establish fees by rule or modify fees in at least the following
categories:
(1) application and renewal fees;
(2) examination and investigation fees;
(3) change fees;
(4) contingent fees; and
(5) such other fees as may be required to administer
this Act.
(b) The Secretary may modify any fees established by this
Act by rule one year after the effective date of this Act.
Section 60. Functions; powers; duties. The functions,
powers, and duties of the Secretary include, but are not
limited to, the following:
(1) to issue or refuse to issue any license or
renewal;
(2) to revoke or suspend for cause any license issued

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under this Act;
(3) to keep records of all licenses issued under this
Act;
(4) to receive, consider, investigate, and act upon
complaints made by any person in connection with any
licensee in this State or unlicensed commercial financing
activity of any person;
(5) to prescribe the forms of and receive:
(A) applications for licenses and renewals; and
(B) all reports and all books and records required
to be made by any licensee under this Act, including
annual audited financial statements if required by the
Secretary and annual reports of commercial financing
activity;
(6) to adopt rules necessary and proper for the
administration of this Act, to protect consumers, and
promote fair competition or otherwise authorized by this
Act;
(7) to subpoena documents and witnesses and compel
their attendance and production, to administer oaths, and
to require the production of any books, papers, or other
materials relevant to any inquiry authorized by this Act
or its implementing rules;
(8) to issue orders against any person if the
Secretary has reasonable cause to believe that an unsafe,
unsound, or unlawful practice has occurred, is occurring,

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or is about to occur; if any person is violating, or is
about to violate any law, rule, or written agreement with
the Secretary; or for the purpose of administering the
provisions of this Act and any rule adopted in accordance
with this Act;
(9) to address any inquiries to any licensee, or the
owners, officers, or directors thereof, in relation to its
activities and conditions, or any other matter connected
with its affairs, and any licensee or person so addressed
shall promptly reply in writing to those inquiries. The
Secretary may also require reports from any licensee at
any time the Secretary deems desirable;
(10) to examine the books and records of every
licensee under this Act or any person requiring a license
or who the Secretary reasonably believes may require a
license;
(11) to enforce provisions of this Act and its
implementing rules;
(12) to levy fees including, but not limited to,
assessments, examination fees, and licensing fees, civil
penalties, and charges for services performed in
administering this Act. The aggregate of all fees
collected by the Secretary under this Act shall be paid
promptly after receipt into the Financial Institution
Fund. The amounts deposited into the Financial Institution
Fund shall be used for the ordinary and contingent

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expenses of the Department. Nothing in this Act prevents
paying expenses including salaries, retirement, social
security, and State-paid insurance of State employees, or
any other expenses incurred under this Act by
appropriation from the General Revenue Fund or any other
fund;
(13) to issue refunds to licensees of any overpayment
for good cause shown;
(14) to appoint examiners, supervisors, experts, and
special assistants as needed to effectively and
efficiently administer this Act;
(15) to conduct hearings for the purpose of
suspensions, denials, or revocations of licenses, fining,
or other discipline of licensees or unlicensed persons or
entities;
(16) to exercise visitorial power over a licensee;
(17) to enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of corporate offices or branches of those
states, participate in joint examinations with other
regulators, and to accept reports of such examinations;
(18) to assign an examiner or examiners to monitor the
affairs of a licensee with whatever frequency the
Secretary determines appropriate and to charge the
licensee for reasonable and necessary expenses of the
Secretary if in the opinion of the Secretary an emergency

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exists or appears likely to occur;
(19) to impose civil penalties of up to $200 per day
against a licensee for failing to respond to a regulatory
request or reporting requirement; and
(20) to enter into agreements in connection with a
multistate licensing system.
Section 65. Examination; prohibited activities.
(a) The Secretary shall examine the business affairs of a
licensee under this Act as often as the Secretary deems
necessary and proper. The Secretary may adopt rules with
respect to the frequency and manner of examination. The
Secretary shall appoint a suitable person to perform such
examination. The Secretary and the Secretary's appointees may
examine the entire books, records, documents, and operations
of each licensee and its subsidiary, affiliate, or agent, and
may examine any of the licensee's or its subsidiaries',
owners, affiliates', or agents' officers, directors,
employees, and agents under oath.
(b) Affiliates of a licensee shall be subject to
examination by the Secretary on the same terms as the
licensee, but only when reports from or examination of a
licensee provides for documented evidence of unlawful activity
between a licensee and affiliate benefiting, affecting, or
deriving from the activities regulated by this Act.
(c) The expenses of any examination of the licensee or its

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affiliates shall be borne by the licensee and assessed by the
Secretary as may be established by rule.
(d) All confidential supervisory information, including
the examination report and the work papers of the report,
shall belong to the Secretary's office and may not be
disclosed to anyone other than the licensee, law enforcement
officials, or other regulatory agencies that have an
appropriate regulatory interest as determined by the Secretary
or to a party presenting a lawful subpoena to the Department.
The Secretary may, through the Attorney General, immediately
appeal to the court of jurisdiction the disclosure of such
confidential supervisory information and seek a stay of the
subpoena pending the outcome of the appeal. Reports required
of licensees by the Secretary under this Act and results of
examinations performed by the Secretary under this Act shall
be the property of only the Secretary, but may be shared with
the licensee. Any person demanded to produce the Department's
confidential supervisory information, whether by subpoena,
order, or other judicial or administrative process, must
withhold production of the confidential supervisory
information and must notify the Secretary of the demand. The
Secretary is authorized to intervene for the purpose of
enforcing the limitations of this Section or seeking the
withdrawal or termination of the attempt to compel production
of the confidential supervisory information. The Secretary may
impose any conditions and limitations on the disclosure of

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confidential supervisory information that are necessary to
protect the confidentiality of that information. The Secretary
may condition a decision to disclose confidential supervisory
information on entry of a protective order by the court or
administrative tribunal presiding in the particular case or on
a written agreement of confidentiality. If a protective order
or agreement has already been entered between parties other
than the Secretary, then the Secretary may nevertheless
condition approval for release of confidential supervisory
information upon the inclusion of additional or amended
provisions in the protective order. The Secretary may
authorize a party who obtained the records for use in one case
to provide them to another party in another case, subject to
any conditions that the Secretary may impose on either or both
parties. The requester shall promptly notify other parties to
a case of the release of confidential supervisory information
obtained and, upon entry of a protective order, shall provide
copies of confidential supervisory information to the other
parties.
Section 70. Subpoena power of the Secretary.
(a) The Secretary may issue and serve subpoenas and
subpoenas duces tecum to compel the attendance of witnesses
and the production of all books, accounts, records, and other
documents and materials relevant to an examination or
investigation. The Secretary, or the Secretary's duly

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authorized representative, may administer oaths and
affirmations to any person.
(b) If a person does not comply with the Secretary's
subpoena or subpoena duces tecum, the Secretary may, through
the Attorney General, petition the circuit court of the county
in which the subpoenaed person resides or has its principal
place of business for an order requiring the subpoenaed person
to testify and to comply with the subpoena duces tecum. The
court may grant injunctive relief restraining the person from
engaging in activity regulated by this Act. The court may
grant other relief, including, but not limited to, the
restraint, by injunction or appointment of a receiver, of any
transfer, pledge, assignment, or other disposition of the
person's assets, concealment, destruction, or other
disposition of books, accounts, records, or other documents
and materials, as the court deems appropriate, until the
person has fully complied with the subpoena or subpoena duces
tecum and the Secretary has completed an investigation or
examination.
(c) If it appears to the Secretary that the compliance
with a subpoena or subpoena duces tecum issued or caused to be
issued by the Secretary pursuant to this Section is essential
to an investigation or examination, the Secretary, in addition
to the other remedies provided for in this Act, may, through
the Attorney General, apply for relief to the circuit court of
the county in which the subpoenaed person resides or has its

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principal place of business. The court shall thereupon direct
the issuance of an order against the subpoenaed person
requiring sufficient bond conditioned on compliance with the
subpoena or subpoena duces tecum. The court shall cause to be
endorsed on the order a suitable amount of bond or payment
pursuant to which the person named be freed, having a due
regard to the nature of the case.
(d) In addition, the Secretary may, through the Attorney
General, seek a writ of attachment or an equivalent order from
the circuit court having jurisdiction over the person who has
refused to obey a subpoena, who has refused to give testimony,
or who has refused to produce the matters described in the
subpoena duces tecum.
Section 75. Reports required.
(a) Every licensee shall produce to the Department reports
the Secretary requests.
(b) Every provider shall produce to the Department a
report of its commercial financing activity upon the request
of the Secretary. Every provider shall produce its report to
the Department within 90 days of the Secretary's request. The
Secretary shall publish the request and identify all data
providers must report within 60 days after the effective date
of this Act.
(c) Every provider shall produce to the Department a
report of its commercial financing activity upon the

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Secretary's written request.
Section 80. Suspension; revocation of licenses; civil
penalties and other discipline.
(a) The Secretary may enter an order imposing one or more
of the following penalties:
(1) revocation of license;
(2) suspension of a license subject to reinstatement
upon satisfying all reasonable conditions the Secretary
may specify;
(3) placement of the licensee or applicant on
probation for a period of time and subject to all
reasonable conditions as the Secretary may specify;
(4) issuance of a reprimand;
(5) imposition of civil monetary penalties as follows:
(A) a civil penalty not to exceed $10,000 for each
separate offense, but civil penalties may not to
exceed $50,000 for all violations arising from the use
of the same transaction documents or materials,
including for financing offers that are not
consummated;
(B) if a person who violates this Act after
receiving written notice of a prior violation, then a
civil penalty may be imposed not to exceed $10,000 for
each count of separate offense, but the civil
penalties are not to exceed $100,000 for all

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violations arising from the use of the same
transaction documents or materials, including for
financing offers that are not consummated;
(6) restitution, refunds, or any other relief
necessary to protect consumers; and
(7) denial of a license.
(b) Grounds for penalties include:
(1) if a person has violated or aided another to
violate, any provisions of this Act, any rule adopted by
the Secretary, or any other law, rule, or regulation of
this State, any other state, or the United States;
(2) if a fact or condition exists that, if it had
existed at the time of the original application for the
license, would have warranted the Secretary in refusing
issue the original license;
(3) that a licensee that is not an individual has
acted or failed to act in a way that would be cause for
suspending or revoking a license to an individual;
(4) that a person engaged in unsafe, unsound, unfair,
deceptive, or abusive business practices related to the
activity covered by this Act;
(5) that a person has been adjudicated guilty of a
crime against the law of this State, any other state, or of
the United States involving moral turpitude, abusive,
deceptive, fraudulent, or dishonest dealing;
(6) that a final judgment has been entered against a

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person in a civil action upon grounds of abusive conduct,
conversion, fraud, misrepresentation, or deceit;
(7) that a person made a material misstatement in its
application for licensure or any other communication to
the Secretary;
(8) that a person has demonstrated, by course of
conduct, negligence or incompetence in performing any act
for which it is required to hold a license under this Act;
(9) that a person has failed to advise the Secretary
in writing of any changes to the information submitted on
their most recent application for license within 30 days
of the change;
(10) that a licensee failed to submit to periodic
examination by the Secretary as required by this Act or
failed to maintain, preserve, and keep available for
examination all books, accounts, or other documents
required by the provisions of this Act and rules of the
Secretary;
(11) that a person failed to account or deliver to any
person any property, such as any money, fund, deposit,
check, draft, or other document or thing of value, that
has come into its hands and that is not its property or
that it is not in law or equity entitled to retain, under
the circumstances and at the time which has been agreed
upon or is required by law or, in the absence of a fixed
time, upon demand of the person for such accounting and

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delivery;
(12) that a person failed to disburse funds in
accordance with agreements or law;
(13) that a person had a license, or the equivalent,
to practice any profession, occupation, other industry or
activity requiring licensure revoked, suspended,
disciplined, or otherwise acted against, including the
denial of licensure by a licensing authority of this State
or another state, territory, or country for fraud,
dishonest dealing, misrepresentations, incompetence,
conversion, any act of moral turpitude or any other
grounds that would constitute grounds for discipline under
this Act;
(14) that a person licensed under this Act failed to
timely notify the Department that such person has been
disciplined, including denial of licensure, by a licensing
authority of this State or another state. Timely
notification shall be notification to the Department
within 10 days of entry of discipline;
(15) that a person engaged in activities regulated by
the Act without a current, active license unless
specifically exempted by this Act;
(16) that a person failed to timely pay any fee,
charge, or civil penalty assessed under this Act; and
(17) that a person refused, obstructed, evaded, or
unreasonably delayed an investigation, information

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request, or examination authorized under this Act, or
refused, obstructed, evaded, or unreasonably delayed
compliance with the Secretary's subpoena or subpoena duces
tecum.
(c) No license shall be suspended or revoked, except as
provided in this Section, nor shall any licensee be assessed a
civil penalty without notice of his or her right to a hearing.
(d) The Secretary may suspend any license for a period not
exceeding 180 days pending investigation for good cause shown
that an emergency exists.
(e) No revocation, suspension, or surrender of any license
shall impair or affect the obligation of any pre-existing
lawful contract between the licensee and any person. The
Secretary's approval of a licensee's application to surrender
its license shall not affect the licensee's civil or criminal
liability for acts committed prior to surrender. Surrender of
a license does not entitle the licensee to a return of any part
of the license fee.
(f) Every license issued under this Act shall remain in
force and effect until the license expires, is surrendered, is
revoked, or is suspended in accordance with the provisions of
this Act. The Secretary shall have authority to reinstate a
suspended license or to issue a new license to a licensee whose
license has been revoked or surrendered if no fact or
condition then exists which would have warranted the Secretary
in refusing originally to issue that license under this Act.

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(g) Whenever the Secretary imposes discipline authorized
by this Section, the Secretary shall execute a written order
to that effect. The Secretary shall serve a copy of the order
upon the person. The Secretary shall serve the person with
notice of the order, including a statement of the reasons for
the order personally or by certified mail. Service by
certified mail shall be deemed completed when the notice is
deposited in the U.S. Mail.
(h) An order assessing a civil penalty, an order revoking
or suspending a license, or an order denying renewal of a
license shall take effect upon service of the order unless the
licensee serves the Department with a written request for a
hearing in the manner required by the order within 10 days
after the date of service of the order. If a person requests a
hearing, the order shall be stayed from its date of service
until the Department enters a final administrative order.
Hearings shall be conducted as follows:
(1) If the licensee requests a hearing, then the
Secretary shall schedule a hearing within 90 days after
the request for a hearing unless otherwise agreed to by
the parties.
(2) The hearing shall be held at the time and place
designated by the Secretary. The Secretary and any
administrative law judge designated by the Secretary shall
have the power to administer oaths and affirmations,
subpoena witnesses and compel their attendance, take

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evidence, and require the production of books, papers,
correspondence, and other records or information that they
consider relevant or material to the inquiry.
(i) The costs of administrative hearings conducted under
this Section shall be paid by the licensee or other person
subject to the hearing.
(j) A licensee and other persons subject to this Act shall
be subject to the disciplinary actions specified in this Act
for any violations conducted by any officer, director,
shareholder, joint venture, partner, owner, including, but not
limited to ultimate equitable owner.
Section 85. Investigation of complaints. The Secretary may
investigate any complaints and inquiries made concerning this
Act and any licensees or persons the Secretary believes may
require a license under this Act. Each licensee or person the
Secretary believes may require a license under this Act shall
open the licensee's or persons's books, records, documents,
and offices wherever situated to the Secretary as needed to
facilitate such investigations.
Section 90. Additional investigation and examination
authority. In addition to any authority allowed under this
Act, the Secretary may conduct investigations and examinations
as follows:
(1) For purposes of initial licensing, license

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renewal, license suspension, license conditioning, license
probation, license revocation or termination, or general
or specific inquiry or investigation to determine
compliance with this Act, the Secretary may access,
receive, and use any books, accounts, records, files,
documents, information, or evidence, including, but not
limited to, the following:
(A) criminal, civil, licensure, and administrative
history information, including nonconviction data as
specified in the Criminal Code of 2012; (B) personal
history and experience information, including
independent credit reports obtained from a consumer
reporting agency described in Section 603(p) of the
federal Fair Credit Reporting Act; and (C) any other
documents, information, or evidence the Secretary
deems relevant to the inquiry or investigation,
regardless of the location, possession, control, or
custody of the documents, information, or evidence.
(2) For the purposes of investigating violations or
complaints arising under this Act or for the purposes of
examination, the Secretary may review, investigate, or
examine any licensee, individual, or person subject to
this Act as often as necessary in order to carry out the
purposes of this Act. The Secretary may direct, subpoena,
or order the attendance of, and examine under oath all
persons and order any person to produce records, files,

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and any other documents the Secretary deems relevant to an
inquiry.
(3) Each person subject to this Act shall make
available to the Secretary upon request the books and
records relating to the operations of the person subject
to this Act. The Secretary shall have access to those
books and records and may interview the owners, officers,
principals, employees, independent contractors, agents,
vendors, and customers of any licensee or person subject
to this Act.
(4) Each person subject to this Act shall make or
compile reports or prepare other information as directed
by the Secretary to carry out the purposes of this
Section, including, but not limited to:
(A) accounting compilations;
(B) information lists and data concerning
transactions in a format prescribed by the Secretary;
or
(C) other information deemed necessary to carry
out the purposes of this Section.
(5) In making any examination or investigation
authorized by this Act, the Secretary may control access
to any documents and records of the licensee or person
under examination or investigation. The Secretary may take
possession of the documents and records or otherwise take
constructive control of the documents. During the period

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of control, no person shall remove or alter any of the
documents or records, except pursuant to a court order or
with the consent of the Secretary. Unless the Secretary
has reasonable grounds to believe the documents or records
of the licensee have been or are at risk of being altered
or destroyed for purposes of concealing a violation of
this Act, the licensee or owner of the documents and
records shall have access to the documents or records as
necessary to conduct its ordinary business affairs.
(6) In order to carry out the purposes of this
Section, the Secretary may:
(A) retain attorneys, accountants, or other
professionals and specialists as examiners, auditors,
or investigators to conduct or assist in the conduct
of examinations or investigations;
(B) enter into agreements or relationships with
other government officials or regulatory associations
to protect consumers, improve efficiencies, and reduce
regulatory burden by sharing resources, standardized
or uniform methods or procedures, and documents,
records, information, or evidence obtained under this
Section;
(C) use, hire, contract, or employ publicly or
privately available analytical systems, methods, or
software to examine or investigate the licensee,
individual, or person subject to this Act;

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(D) accept and rely on examination or
investigation reports made by other government
officials, within or outside this State; or
(E) accept audit reports made by an independent
certified public accountant for the person subject to
this Act and may incorporate the audit report in the
report of the examination, report of investigation, or
other writing of the Secretary.
(7) The authority of this Section shall remain in
effect, whether such a person subject to this Act acts or
claims to act under any licensing or registration law of
this State or claims to act without such authority.
(8) No licensee or person subject to investigation or
examination under this Section may knowingly withhold,
alter, abstract, remove, mutilate, destroy, hide, or
conceal any books, records, computer records, or other
information or take actions designed to delay or
complicate review of records.
Section 95. Confidentiality. To promote more effective
regulation, protect consumers, and reduce regulatory burden
through inter-regulatory sharing of confidential supervisory
information:
(1) The privacy or confidentiality of any information
or material provided to a multistate licensing system,
including all privileges arising under federal or state

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court rules and law, shall continue to apply to such
information or material after the information or material
has been disclosed to the multistate licensing system.
Information and material may be shared with a multistate
licensing system, federal and state regulatory officials
with relevant oversight authority, and law enforcement
without the loss of privilege or the loss of
confidentiality protections.
(2) The Secretary is authorized to enter into
agreements or sharing arrangements with other governmental
agencies, the Conference of State Bank Supervisors, and
other associations representing governmental agencies.
(3) Information or material that is privileged or
confidential under this Act as determined by the Secretary
is not subject to the following:
(A) disclosure under any State law governing the
disclosure to the public of information held by an
officer or an agency of the State; or
(B) subpoena, discovery, or admission into
evidence, in any private civil action or
administrative process except as authorized by the
Secretary.
(4) Any other law relating to the disclosure of
confidential supervisory information that is inconsistent
with this Act shall be superseded by the requirements of
this Section to the extent the other law provides less

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confidentiality or a weaker privilege for information that
is privileged or confidential pursuant to this Act.
(5) Confidential or privileged information received
from a multistate licensing system, another licensing
body, federal and state regulatory officials, or law
enforcement shall be protected to the same extent as the
Secretary's confidential and privileged information is
protected pursuant to this Act. The Secretary may also
protect from disclosure confidential or privileged
information that would be exempt from disclosure to the
extent it is held directly by the multistate licensing
system, another licensing body, federal and state
regulatory officials, or law enforcement.
Section 100. Appeal and review.
(a) The Secretary may, in accordance with the Illinois
Administrative Procedure Act, adopt rules to provide for
review within the Department of their decisions affecting the
rights of persons under this Act. The review shall provide
for, at a minimum:
(1) appointment of a hearing officer;
(2) appropriate procedural rules, specific deadlines
for filings, and standards of evidence and of proof; and
(3) provisions for apportioning costs among parties to
the appeal.
(b) All final agency determinations of appeals to

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decisions of the Secretary may be reviewed in accordance with
and under the provisions of the Administrative Review Law.
Appeals from all final orders and judgments entered by a court
in review of any final administrative decision of the
Secretary or of any final agency review of a decision of the
Secretary may be taken as in other civil cases.
Section 105. Licensure fees.
(a) The fee for initial licensure is $2,500. The fee is
nonrefundable.
(b) The fee for annual application renewal is $2,500. The
fee is nonrefundable.
(c) The Department shall impose a contingent fee
sufficient to cover its operating expenses in administering
this Act not otherwise covered by all other revenue collected
pursuant to this Act. Each licensee shall pay to the Division
its pro rata share, based on number or volume of transactions
or revenue, of the cost for administration of the Act that
exceeds other fees listed in this Section, as estimated by the
Division, for the current year and any deficit actually
incurred in the administration of the Act in prior years.
Section 110. Cease and desist order.
(a) The Secretary may issue a cease and desist order to any
licensee or person doing business without the required
license, when in the opinion of the Secretary the licensee or

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other person has violated, is violating, or is about to
violate any provision of this Act or any rule adopted by the
Department pursuant to this Act or any requirement imposed in
writing by the Department as a condition of granting any
authorization permitted by this Act. The cease and desist
order authorized by this Section may be issued prior to a
hearing.
(b) The Secretary shall serve notice of the cease and
desist order, either personally or by certified mail. Service
by certified mail shall be deemed completed when the notice is
deposited in the U.S. Mail. The Secretary's notice shall
include a statement of the reasons for the action.
(c) Within 10 days of service of the cease and desist
order, the person subject to the cease and desist order may
request a hearing in writing. The Secretary shall schedule a
preliminary hearing within 60 days of the request for a
hearing unless the parties agree to a later date.
(d) If it is determined that the Secretary had the
authority to issue the cease and desist order, the Secretary
may issue such orders as may be reasonably necessary to
correct, eliminate, deter, or remedy the conduct described in
the order and resulting harms.
(e) The powers vested in the Secretary by this Section are
additional to all other powers and remedies vested in the
Secretary by any law. Nothing in this Section shall be
construed as requiring that the Secretary must employ the

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power conferred in this Section instead of or as a condition
precedent to the exercise of any other power or remedy vested
in the Secretary.
Section 115. Injunctions. The Secretary may maintain an
action in the name of the people of the State of Illinois and
may apply for an injunction in the circuit court to enjoin a
person from violating this Act or its implementing rules
through the Attorney General.
Section 120. Exemptions. This Act does not apply to, and
does not place any additional requirements or obligations
upon, any of the following:
(a) a bank, trust company, or industrial loan company
doing business under the authority of, or in accordance
with, a license, certificate or charter issued by the
United States, this State, or any other state, district,
territory, or commonwealth of the United States that is
authorized to transact business in this State;
(b) a federally chartered savings and loan
association, federal savings bank, or federal credit union
that is authorized to transact business in this State;
(c) a savings and loan association, savings bank, or
credit union organized under the laws of this State or any
other state that is authorized to transact business in
this State;

HB5587 - 36 - LRB103 38823 RTM 68960 b
(d) a person acting in the person's capacity as a
technology services provider to an entity exempt under
this Section for use as part of the exempt entity's
commercial financing program, provided such person has no
interest, or arrangement, or agreement to purchase any
interest in the commercial financing extended by the
exempt entity in connection with such program;
(e) a lender regulated under the federal Farm Credit
Act;
(f) a commercial financing transaction secured by real
property;
(g) a lease as defined in the Uniform Commercial Code;
or
(h) any person or Provider who makes no more than 5
commercial financing transactions in this State in a
12-month period.
Section 125. Complaint disclosure. All commercial
financing shall include a clear and conspicuous notice on how
to file a complaint with the Department.
Section 130. Rules. The Secretary may adopt rules to enact
and enforce this Act, including, but not limited to:
(1) rules defining the terms used in this Act and as
may be necessary and appropriate to interpret and
implement the provisions of this Act;

HB5587 - 37 - LRB103 38823 RTM 68960 b
(2) rules for the enforcement and administration of
this Act;
(3) rules for the protection of consumers and
recipients in this State;
(4) rules defining improper or fraudulent business
practices in connection with commercial financing; or
(5) rules charging and collecting fees necessary to
cover the costs of administering this Act, including, but
not limited to registration, investigation, and
examination fees.
(6) rules to implement Section 150 of this Act.
Section 135. Violations.
(a) Nothing in this Act shall be construed to restrict the
exercise of powers or the performance of the duties that the
Attorney General is authorized to exercise or perform by law.
(b) Any violation of this Act constitutes an unlawful
practice in violation of the Consumer Fraud and Deceptive
Business Practices Act. The Attorney General may enforce a
violation of this Act as an unlawful practice under the
Consumer Fraud and Deceptive Business Practices Act.
Section 140. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 145. Beginning of licensure. No person shall be

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required to apply for or obtain a license pursuant to this Act
before January 1, 2025 or 60 days after the Department makes a
license application process available, whichever is later.
Section 150. Commercial financing database.
(a) A commercial financing database program is established
within the Department. The program shall be administered in
accordance with this Section. None of the duties, obligations,
contingencies, or consequences of or from the program shall be
imposed until 6 months after the Department certifies a
commercial financing database pursuant to subsection (b). The
program shall apply to all commercial financings that are
governed by this Act and that are made or taken on or after the
inception of the program.
(b) The Department shall certify that one or more
commercial financing databases are commercially reasonable
methods of reporting. Upon certifying that a commercial
financing database is a commercially reasonable method of
reporting, the Department shall:
(1) provide reasonable notice to all licensees
identifying the commercially reasonable methods of
reporting that are available; and
(2) immediately upon certification, require each
licensee to use a commercially reasonable method of
reporting as a means of complying with subsection (d) of
this Section.

HB5587 - 39 - LRB103 38823 RTM 68960 b
(c) The database created under this program shall be
maintained and administered by the Department. The database
shall be designed to allow providers to submit information to
the database online. The database shall not be designed to
allow providers to retrieve information from the database,
except as otherwise provided in this Act.
(d) Within 30 days after providing funds to a recipient,
the provider must submit to the commercial financing database
the information delineated in this subsection. If at the time
funds are provided to a recipient, certain information data
delineated in this subsection is not known, the provider must
submit the following data to the commercial financing database
within 30 days of the data becoming ascertainable:
(1) FEIN for the recipient;
(2) zip code of the recipient;
(3) origination date of the commercial financing;
(4) description of collateral, if any, securing
commercial financing;
(5) term, if any, of the commercial financing at the
time of origination;
(6) in the case of commercial financing without a
specific term at the time of origination, the actual term
of the commercial financing when known;
(7) financing amount, if applicable;
(8) maximum amount of credit made available to
recipient, if applicable;

HB5587 - 40 - LRB103 38823 RTM 68960 b
(9) the amount of the receivables purchase price paid
to the recipient and, if different from the purchase
price, the amount disbursed to the recipient after any
amount deducted or withheld at disbursement, if
applicable;
(10) the amount scheduled to be drawn by the recipient
at the time the offer is extended, if applicable;
(11) all fees charged to the recipient at or before
the origination date of the commercial financing;
(12) all fees, charges, and interest scheduled to be
charged over the term of the commercial financing, if
applicable;
(13) all fees, charges, and interest scheduled to be
charged during any month where recipient has a balance on
an open-end commercial financing, if applicable; and
(14) all other information requested by the
Department.
(e) All information provided to the commercial financing
database under the program is confidential property of the
Department and is not subject to disclosure under the Freedom
of Information Act, except as otherwise provided in this Act.
Information or documents obtained by employees of the
Department in the course of maintaining and administering the
commercial financing database are deemed confidential.
Employees are prohibited from making disclosure of such
confidential information or documents. Any request for

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production of information from the commercial financing
database, whether by subpoena, notice, or any other source,
shall be referred to the Department. Any recipient may
authorize in writing the release of database information. The
Department may use the information in the database without the
consent of the recipient or the licensee:
(1) for the purposes of administering and enforcing
the program;
(2) to prepare industry-level reports; or
(3) to provide information to the appropriate law
enforcement agency or the applicable administrative agency
if the database information demonstrates criminal,
fraudulent, or otherwise illegal activity.
(f) A licensee who submits information to a certified
database provider in accordance with this Section shall not be
liable to any person for any subsequent release or disclosure
of that information by the certified database provider, the
Department, or any other person acquiring possession of the
information, regardless of whether such subsequent release or
disclosure was lawful, authorized, or intentional.
(g) In certifying a commercially reasonable method of
reporting, the Department shall ensure that the commercial
financing database:
(1) provides real-time access through an Internet
connection;
(2) is accessible to the Department and to licensees

HB5587 - 42 - LRB103 38823 RTM 68960 b
in order to ensure compliance with this Act and in order to
provide any other information that the Department deems
necessary;
(3) requires licensees to input whatever information
is required by the Department;
(4) maintains a real-time copy of the required
reporting information that is available to the Department
at all times and is the property of the Department; and
(5) contains safeguards to ensure that all information
contained in the database regarding consumers is kept
strictly confidential.
(h) The certified commercial financing database may charge
a fee not to exceed $1 for each financing entered into the
database. The certified commercial financing database shall
not charge any additional fees or charges.
(i) The certified commercial financing database provider
shall produce an annual report for the Department using the
data submitted by licensees to the database. The Department
may publish this report to the public.
Section 900. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for

HB5587 - 43 - LRB103 38823 RTM 68960 b
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted

HB5587 - 44 - LRB103 38823 RTM 68960 b
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent

HB5587 - 45 - LRB103 38823 RTM 68960 b
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted

HB5587 - 46 - LRB103 38823 RTM 68960 b
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling

HB5587 - 47 - LRB103 38823 RTM 68960 b
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle

HB5587 - 48 - LRB103 38823 RTM 68960 b
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law

HB5587 - 49 - LRB103 38823 RTM 68960 b
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under

HB5587 - 50 - LRB103 38823 RTM 68960 b
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge

HB5587 - 51 - LRB103 38823 RTM 68960 b
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information exempt from disclosure under Section
150 of the Consumer Financing Licensing Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be

HB5587 - 52 - LRB103 38823 RTM 68960 b
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid

HB5587 - 53 - LRB103 38823 RTM 68960 b
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.

HB5587 - 54 - LRB103 38823 RTM 68960 b
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.

HB5587 - 55 - LRB103 38823 RTM 68960 b
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including

HB5587 - 56 - LRB103 38823 RTM 68960 b
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.

HB5587 - 57 - LRB103 38823 RTM 68960 b
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide

HB5587 - 58 - LRB103 38823 RTM 68960 b
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.

HB5587 - 59 - LRB103 38823 RTM 68960 b
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card

HB5587 - 60 - LRB103 38823 RTM 68960 b
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information exempt from disclosure under Section
150 of the Consumer Financing Licensing Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a

HB5587 - 61 - LRB103 38823 RTM 68960 b
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.