Rep. Barbara Flynn Currie
Filed: 5/16/2005
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1 | AMENDMENT TO HOUSE BILL 4050
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2 | AMENDMENT NO. ______. Amend House Bill 4050 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7 as follows: | ||||||
6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
7 | Sec. 7. Exemptions.
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8 | (1) The following shall be exempt from inspection and | ||||||
9 | copying:
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10 | (a) Information specifically prohibited from | ||||||
11 | disclosure by federal or
State law or rules and regulations | ||||||
12 | adopted under federal or State law.
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13 | (b) Information that, if disclosed, would constitute a | ||||||
14 | clearly
unwarranted invasion of personal privacy, unless | ||||||
15 | the disclosure is
consented to in writing by the individual | ||||||
16 | subjects of the information. The
disclosure of information | ||||||
17 | that bears on the public duties of public
employees and | ||||||
18 | officials shall not be considered an invasion of personal
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19 | privacy. Information exempted under this subsection (b) | ||||||
20 | shall include but
is not limited to:
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21 | (i) files and personal information maintained with | ||||||
22 | respect to
clients, patients, residents, students or | ||||||
23 | other individuals receiving
social, medical, | ||||||
24 | educational, vocational, financial, supervisory or
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1 | custodial care or services directly or indirectly from | ||||||
2 | federal agencies
or public bodies;
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3 | (ii) personnel files and personal information | ||||||
4 | maintained with
respect to employees, appointees or | ||||||
5 | elected officials of any public body or
applicants for | ||||||
6 | those positions;
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7 | (iii) files and personal information maintained | ||||||
8 | with respect to any
applicant, registrant or licensee | ||||||
9 | by any public body cooperating with or
engaged in | ||||||
10 | professional or occupational registration, licensure | ||||||
11 | or discipline;
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12 | (iv) information required of any taxpayer in | ||||||
13 | connection with the
assessment or collection of any tax | ||||||
14 | unless disclosure is otherwise required
by State | ||||||
15 | statute;
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16 | (v) information revealing the identity of persons | ||||||
17 | who file complaints
with or provide information to | ||||||
18 | administrative, investigative, law enforcement
or | ||||||
19 | penal agencies; provided, however, that identification | ||||||
20 | of witnesses to
traffic accidents, traffic accident | ||||||
21 | reports, and rescue reports may be provided
by agencies | ||||||
22 | of local government, except in a case for which a | ||||||
23 | criminal
investigation is ongoing, without | ||||||
24 | constituting a clearly unwarranted per se
invasion of | ||||||
25 | personal privacy under this subsection; and
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26 | (vi) the names, addresses, or other personal | ||||||
27 | information of
participants and registrants in park | ||||||
28 | district, forest preserve district, and
conservation | ||||||
29 | district programs.
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30 | (c) Records compiled by any public body for | ||||||
31 | administrative enforcement
proceedings and any law | ||||||
32 | enforcement or correctional agency for
law enforcement | ||||||
33 | purposes or for internal matters of a public body,
but only | ||||||
34 | to the extent that disclosure would:
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1 | (i) interfere with pending or actually and | ||||||
2 | reasonably contemplated
law enforcement proceedings | ||||||
3 | conducted by any law enforcement or correctional
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4 | agency;
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5 | (ii) interfere with pending administrative | ||||||
6 | enforcement proceedings
conducted by any public body;
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7 | (iii) deprive a person of a fair trial or an | ||||||
8 | impartial hearing;
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9 | (iv) unavoidably disclose the identity of a | ||||||
10 | confidential source or
confidential information | ||||||
11 | furnished only by the confidential source;
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12 | (v) disclose unique or specialized investigative | ||||||
13 | techniques other than
those generally used and known or | ||||||
14 | disclose internal documents of
correctional agencies | ||||||
15 | related to detection, observation or investigation of
| ||||||
16 | incidents of crime or misconduct;
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17 | (vi) constitute an invasion of personal privacy | ||||||
18 | under subsection (b) of
this Section;
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19 | (vii) endanger the life or physical safety of law | ||||||
20 | enforcement personnel
or any other person; or
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21 | (viii) obstruct an ongoing criminal investigation.
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22 | (d) Criminal history record information maintained by | ||||||
23 | State or local
criminal justice agencies, except the | ||||||
24 | following which shall be open for
public inspection and | ||||||
25 | copying:
| ||||||
26 | (i) chronologically maintained arrest information, | ||||||
27 | such as traditional
arrest logs or blotters;
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28 | (ii) the name of a person in the custody of a law | ||||||
29 | enforcement agency and
the charges for which that | ||||||
30 | person is being held;
| ||||||
31 | (iii) court records that are public;
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32 | (iv) records that are otherwise available under | ||||||
33 | State or local law; or
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34 | (v) records in which the requesting party is the |
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1 | individual
identified, except as provided under part | ||||||
2 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
3 | Section.
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4 | "Criminal history record information" means data | ||||||
5 | identifiable to an
individual and consisting of | ||||||
6 | descriptions or notations of arrests,
detentions, | ||||||
7 | indictments, informations, pre-trial proceedings, trials, | ||||||
8 | or
other formal events in the criminal justice system or | ||||||
9 | descriptions or
notations of criminal charges (including | ||||||
10 | criminal violations of local
municipal ordinances) and the | ||||||
11 | nature of any disposition arising therefrom,
including | ||||||
12 | sentencing, court or correctional supervision, | ||||||
13 | rehabilitation and
release. The term does not apply to | ||||||
14 | statistical records and reports in
which individuals are | ||||||
15 | not identified and from which
their identities are not | ||||||
16 | ascertainable, or to information that is for
criminal | ||||||
17 | investigative or intelligence purposes.
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18 | (e) Records that relate to or affect the security of | ||||||
19 | correctional
institutions and detention facilities.
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20 | (f) Preliminary drafts, notes, recommendations, | ||||||
21 | memoranda and other
records in which opinions are | ||||||
22 | expressed, or policies or actions are
formulated, except | ||||||
23 | that a specific record or relevant portion of a
record | ||||||
24 | shall not be exempt when the record is publicly cited
and | ||||||
25 | identified by the head of the public body. The exemption | ||||||
26 | provided in
this paragraph (f) extends to all those records | ||||||
27 | of officers and agencies
of the General Assembly that | ||||||
28 | pertain to the preparation of legislative
documents.
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29 | (g) Trade secrets and commercial or financial | ||||||
30 | information obtained from
a person or business where the | ||||||
31 | trade secrets or information are
proprietary, privileged | ||||||
32 | or confidential, or where disclosure of the trade
secrets | ||||||
33 | or information may cause competitive harm, including all
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34 | information determined to be confidential under Section |
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1 | 4002 of the
Technology Advancement and Development Act. | ||||||
2 | Nothing contained in this
paragraph (g) shall be construed | ||||||
3 | to prevent a person or business from
consenting to | ||||||
4 | disclosure.
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5 | (h) Proposals and bids for any contract, grant, or | ||||||
6 | agreement, including
information which if it were | ||||||
7 | disclosed would frustrate procurement or give
an advantage | ||||||
8 | to any person proposing to enter into a contractor | ||||||
9 | agreement
with the body, until an award or final selection | ||||||
10 | is made. Information
prepared by or for the body in | ||||||
11 | preparation of a bid solicitation shall be
exempt until an | ||||||
12 | award or final selection is made.
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13 | (i) Valuable formulae,
computer geographic systems,
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14 | designs, drawings and research data obtained or
produced by | ||||||
15 | any public body when disclosure could reasonably be | ||||||
16 | expected to
produce private gain or public loss.
The | ||||||
17 | exemption for "computer geographic systems" provided in | ||||||
18 | this paragraph
(i) does not extend to requests made by news | ||||||
19 | media as defined in Section 2 of
this Act when the | ||||||
20 | requested information is not otherwise exempt and the only
| ||||||
21 | purpose of the request is to access and disseminate | ||||||
22 | information regarding the
health, safety, welfare, or | ||||||
23 | legal rights of the general public.
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24 | (j) Test questions, scoring keys and other examination | ||||||
25 | data used to
administer an academic examination or | ||||||
26 | determined the qualifications of an
applicant for a license | ||||||
27 | or employment.
| ||||||
28 | (k) Architects' plans, engineers' technical | ||||||
29 | submissions, and
other
construction related technical | ||||||
30 | documents for
projects not constructed or developed in | ||||||
31 | whole or in part with public funds
and the same for | ||||||
32 | projects constructed or developed with public funds, but
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33 | only to the extent
that disclosure would compromise | ||||||
34 | security, including but not limited to water
treatment |
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1 | facilities, airport facilities, sport stadiums, convention | ||||||
2 | centers,
and all government owned, operated, or occupied | ||||||
3 | buildings.
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4 | (l) Library circulation and order records identifying | ||||||
5 | library users with
specific materials.
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6 | (m) Minutes of meetings of public bodies closed to the
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7 | public as provided in the Open Meetings Act until the | ||||||
8 | public body
makes the minutes available to the public under | ||||||
9 | Section 2.06 of the Open
Meetings Act.
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10 | (n) Communications between a public body and an | ||||||
11 | attorney or auditor
representing the public body that would | ||||||
12 | not be subject to discovery in
litigation, and materials | ||||||
13 | prepared or compiled by or for a public body in
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14 | anticipation of a criminal, civil or administrative | ||||||
15 | proceeding upon the
request of an attorney advising the | ||||||
16 | public body, and materials prepared or
compiled with | ||||||
17 | respect to internal audits of public bodies.
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18 | (o) Information received by a primary or secondary | ||||||
19 | school, college or
university under its procedures for the | ||||||
20 | evaluation of faculty members by
their academic peers.
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21 | (p) Administrative or technical information associated | ||||||
22 | with automated
data processing operations, including but | ||||||
23 | not limited to software,
operating protocols, computer | ||||||
24 | program abstracts, file layouts, source
listings, object | ||||||
25 | modules, load modules, user guides, documentation
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26 | pertaining to all logical and physical design of | ||||||
27 | computerized systems,
employee manuals, and any other | ||||||
28 | information that, if disclosed, would
jeopardize the | ||||||
29 | security of the system or its data or the security of
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30 | materials exempt under this Section.
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31 | (q) Documents or materials relating to collective | ||||||
32 | negotiating matters
between public bodies and their | ||||||
33 | employees or representatives, except that
any final | ||||||
34 | contract or agreement shall be subject to inspection and |
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1 | copying.
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2 | (r) Drafts, notes, recommendations and memoranda | ||||||
3 | pertaining to the
financing and marketing transactions of | ||||||
4 | the public body. The records of
ownership, registration, | ||||||
5 | transfer, and exchange of municipal debt
obligations, and | ||||||
6 | of persons to whom payment with respect to these | ||||||
7 | obligations
is made.
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8 | (s) The records, documents and information relating to | ||||||
9 | real estate
purchase negotiations until those negotiations | ||||||
10 | have been completed or
otherwise terminated. With regard to | ||||||
11 | a parcel involved in a pending or
actually and reasonably | ||||||
12 | contemplated eminent domain proceeding under
Article VII | ||||||
13 | of the Code of Civil Procedure, records, documents and
| ||||||
14 | information relating to that parcel shall be exempt except | ||||||
15 | as may be
allowed under discovery rules adopted by the | ||||||
16 | Illinois Supreme Court. The
records, documents and | ||||||
17 | information relating to a real estate sale shall be
exempt | ||||||
18 | until a sale is consummated.
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19 | (t) Any and all proprietary information and records | ||||||
20 | related to the
operation of an intergovernmental risk | ||||||
21 | management association or
self-insurance pool or jointly | ||||||
22 | self-administered health and accident
cooperative or pool.
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23 | (u) Information concerning a university's adjudication | ||||||
24 | of student or
employee grievance or disciplinary cases, to | ||||||
25 | the extent that disclosure
would reveal the identity of the | ||||||
26 | student or employee and information
concerning any public | ||||||
27 | body's adjudication of student or employee grievances
or | ||||||
28 | disciplinary cases, except for the final outcome of the | ||||||
29 | cases.
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30 | (v) Course materials or research materials used by | ||||||
31 | faculty members.
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32 | (w) Information related solely to the internal | ||||||
33 | personnel rules and
practices of a public body.
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34 | (x) Information contained in or related to |
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1 | examination, operating, or
condition reports prepared by, | ||||||
2 | on behalf of, or for the use of a public
body responsible | ||||||
3 | for the regulation or supervision of financial
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4 | institutions or insurance companies, unless disclosure is | ||||||
5 | otherwise
required by State law.
| ||||||
6 | (y) Information the disclosure of which is restricted | ||||||
7 | under Section
5-108 of the Public Utilities Act.
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8 | (z) Manuals or instruction to staff that relate to | ||||||
9 | establishment or
collection of liability for any State tax | ||||||
10 | or that relate to investigations
by a public body to | ||||||
11 | determine violation of any criminal law.
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12 | (aa) Applications, related documents, and medical | ||||||
13 | records received by
the Experimental Organ Transplantation | ||||||
14 | Procedures Board and any and all
documents or other records | ||||||
15 | prepared by the Experimental Organ
Transplantation | ||||||
16 | Procedures Board or its staff relating to applications
it | ||||||
17 | has received.
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18 | (bb) Insurance or self insurance (including any | ||||||
19 | intergovernmental risk
management association or self | ||||||
20 | insurance pool) claims, loss or risk
management | ||||||
21 | information, records, data, advice or communications.
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22 | (cc) Information and records held by the Department of | ||||||
23 | Public Health and
its authorized representatives relating | ||||||
24 | to known or suspected cases of
sexually transmissible | ||||||
25 | disease or any information the disclosure of which
is | ||||||
26 | restricted under the Illinois Sexually Transmissible | ||||||
27 | Disease Control Act.
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28 | (dd) Information the disclosure of which is exempted | ||||||
29 | under Section 30
of the Radon Industry Licensing Act.
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30 | (ee) Firm performance evaluations under Section 55 of | ||||||
31 | the
Architectural, Engineering, and Land Surveying | ||||||
32 | Qualifications Based
Selection Act.
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33 | (ff) Security portions of system safety program plans, | ||||||
34 | investigation
reports, surveys, schedules, lists, data, or |
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1 | information compiled, collected,
or prepared by or for the | ||||||
2 | Regional Transportation Authority under Section 2.11
of | ||||||
3 | the Regional Transportation Authority Act or the St. Clair | ||||||
4 | County Transit
District under the
Bi-State Transit Safety | ||||||
5 | Act.
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6 | (gg) Information the disclosure of which is restricted | ||||||
7 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
8 | Tuition Act.
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9 | (hh) Information the disclosure of which is
exempted | ||||||
10 | under the State Officials and Employees Ethics Act.
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11 | (ii) Beginning July 1, 1999, information that would | ||||||
12 | disclose
or might lead to the disclosure of
secret or | ||||||
13 | confidential information, codes, algorithms, programs, or | ||||||
14 | private
keys intended to be used to create electronic or | ||||||
15 | digital signatures under the
Electronic Commerce Security | ||||||
16 | Act.
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17 | (jj) Information contained in a local emergency energy | ||||||
18 | plan submitted to
a municipality in accordance with a local | ||||||
19 | emergency energy plan ordinance that
is adopted under | ||||||
20 | Section 11-21.5-5 of the Illinois Municipal Code.
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21 | (kk) Information and data concerning the distribution | ||||||
22 | of
surcharge moneys collected and remitted by wireless | ||||||
23 | carriers under the Wireless
Emergency Telephone Safety | ||||||
24 | Act.
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25 | (ll) Vulnerability assessments, security measures, and | ||||||
26 | response policies
or plans that are designed to identify, | ||||||
27 | prevent, or respond to potential
attacks upon a community's | ||||||
28 | population or systems, facilities, or installations,
the | ||||||
29 | destruction or contamination of which would constitute a | ||||||
30 | clear and present
danger to the health or safety of the | ||||||
31 | community, but only to the extent that
disclosure could | ||||||
32 | reasonably be expected to jeopardize the effectiveness of | ||||||
33 | the
measures or the safety of the personnel who implement | ||||||
34 | them or the public.
Information exempt under this item may |
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1 | include such things as details
pertaining to the | ||||||
2 | mobilization or deployment of personnel or equipment, to | ||||||
3 | the
operation of communication systems or protocols, or to | ||||||
4 | tactical operations.
| ||||||
5 | (mm) Maps and other records regarding the location or | ||||||
6 | security of a
utility's generation, transmission, | ||||||
7 | distribution, storage, gathering,
treatment, or switching | ||||||
8 | facilities.
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9 | (nn) Law enforcement officer identification | ||||||
10 | information or
driver
identification
information compiled | ||||||
11 | by a law enforcement agency or the Department of
| ||||||
12 | Transportation
under Section 11-212 of the Illinois | ||||||
13 | Vehicle Code.
| ||||||
14 | (oo) Records and information provided to a residential
| ||||||
15 | health care
facility resident sexual assault
and death | ||||||
16 | review team or the Residential Health Care Facility | ||||||
17 | Resident Sexual
Assault and Death Review Teams Executive | ||||||
18 | Council under the Residential Health
Care Facility | ||||||
19 | Resident Sexual Assault and Death Review Team Act.
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20 | (pp) Information provided to the predatory lending | ||||||
21 | database created pursuant to Article 3 of the Residential | ||||||
22 | Real Property Disclosure Act, except to the extent | ||||||
23 | authorized under that Article.
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24 | (2) This Section does not authorize withholding of | ||||||
25 | information or limit the
availability of records to the public, | ||||||
26 | except as stated in this Section or
otherwise provided in this | ||||||
27 | Act.
| ||||||
28 | (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281, | ||||||
29 | eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43, | ||||||
30 | eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; | ||||||
31 | 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. | ||||||
32 | 8-21-03; 93-617, eff. 12-9-03.)
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33 | Section 10. The Residential Real Property Disclosure Act |
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1 | is amended by adding an Article caption immediately before | ||||||
2 | Section 1 as follows: | ||||||
3 | ARTICLE 1
| ||||||
4 | SHORT TITLE | ||||||
5 | Section 15. The Residential Real Property Disclosure Act is | ||||||
6 | amended by adding an Article caption immediately before Section | ||||||
7 | 5 as follows: | ||||||
8 | ARTICLE 2
| ||||||
9 | DISCLOSURES | ||||||
10 | Section 20. The Residential Real Property Disclosure Act is | ||||||
11 | amended by adding an Article caption and by adding Sections 70, | ||||||
12 | 72, 74, and 76 immediately after Section 65 as follows: | ||||||
13 | ARTICLE 3
| ||||||
14 | PREDATORY LENDING DATABASE | ||||||
15 | (765 ILCS 77/70 new) | ||||||
16 | Sec. 70. Predatory lending database pilot program. | ||||||
17 | (a) As used in this Article: | ||||||
18 | "Borrower" means a person seeking a mortgage loan.
| ||||||
19 | "Broker" means a "broker" or "loan broker", as defined in | ||||||
20 | subsection (p) of Section 1-4 of the Residential Mortgage | ||||||
21 | License Act of 1987. | ||||||
22 | "Closing agent" means an individual assigned by a title | ||||||
23 | insurance company or a broker or originator to ensure that the | ||||||
24 | execution of documents related to the closing of a real estate | ||||||
25 | sale or the refinancing of a real estate loan and the | ||||||
26 | disbursement of closing funds are in conformity with the | ||||||
27 | instructions of the entity financing the transaction.
| ||||||
28 | "Department" means the Department of Financial and |
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| |||||||
1 | Professional Regulation.
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2 | "Exempt person" means that term as it is defined in | ||||||
3 | subsections (d)(1) and (d)(1.5) of Section 1-4 of the | ||||||
4 | Residential Mortgage License Act of 1987.
| ||||||
5 | "Lender" means that term as it is defined in subsection (g) | ||||||
6 | of Section 1-4 of the Residential Mortgage License Act.
| ||||||
7 | "Licensee" means that term as it is defined in subsection | ||||||
8 | (e) of Section 1-4 of the Residential Mortgage License Act of | ||||||
9 | 1987.
| ||||||
10 | "Mortgage loan" means that term as it is defined in | ||||||
11 | subsection (f) of Section 1-4 of the Residential Mortgage | ||||||
12 | License Act of 1987.
| ||||||
13 | "Originator" means a "loan originator" as defined in | ||||||
14 | subsection (hh) of Section 1-4 of the Residential Mortgage | ||||||
15 | License Act of 1987, except an exempt person. | ||||||
16 | "Pilot program area" means the area included within the | ||||||
17 | following zip codes: 60623, 60629, 60632, 60638, and 60652.
| ||||||
18 | "Title insurance company" means any domestic company | ||||||
19 | organized under the laws of this State for the purpose of | ||||||
20 | conducting the business of guaranteeing or insuring titles to | ||||||
21 | real estate and any title insurance company organized under the | ||||||
22 | laws of another State, the District of Columbia, or a foreign | ||||||
23 | government and authorized to transact the business of | ||||||
24 | guaranteeing or insuring titles to real estate in this State.
| ||||||
25 | (b) A predatory lending database pilot program is | ||||||
26 | established within the pilot program area. The pilot program | ||||||
27 | shall continue for 4 years after its creation and shall be | ||||||
28 | administered in accordance with Article 3 of this Act. The | ||||||
29 | database created under this program shall be maintained and | ||||||
30 | administered by the Department. The database shall be designed | ||||||
31 | to allow brokers, originators, credit counselors, title | ||||||
32 | insurance companies, and closing agents to submit information | ||||||
33 | to the database online. The database shall not be designed to | ||||||
34 | allow those entities to retrieve information from the database, |
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| |||||||
1 | except as otherwise provided in this Article. Information | ||||||
2 | submitted by the broker or originator to the Department may be | ||||||
3 | used to populate the online form submitted by a credit | ||||||
4 | counselor, title insurance company, or closing agent. | ||||||
5 | (c) A broker or originator shall provide each borrower with | ||||||
6 | a notice disclosing the names of at least 3 lenders and | ||||||
7 | comparing the rates and terms of those lenders. The comparison | ||||||
8 | in the notice shall include whether the terms contain: a | ||||||
9 | prepayment penalty, negative amortization, a balloon payment, | ||||||
10 | an adjustable rate, or a fixed rate. The notice shall also | ||||||
11 | state separately for each lender: the amortization period, the | ||||||
12 | monthly principal and interest payable, any yield spread | ||||||
13 | premium (YSP), and any other compensation payable to the broker | ||||||
14 | or originator for the specific rate quoted to the borrower. | ||||||
15 | This notice shall be provided within 10 days after the broker | ||||||
16 | or originator takes a mortgage application from a borrower.
| ||||||
17 | (d) Within 10 days after taking a mortgage application, the | ||||||
18 | broker or originator for any mortgage on residential property | ||||||
19 | within the pilot program area must submit to the predatory | ||||||
20 | lending database all of the information required under Section | ||||||
21 | 72 and any other information required by the Department by | ||||||
22 | rule. Within 7 days after receipt of the information, the | ||||||
23 | Department shall compare that information to credit counseling | ||||||
24 | standards developed by the Department by rule and issue to the | ||||||
25 | borrower and the broker or originator a determination of | ||||||
26 | whether credit counseling is recommended for the borrower. The | ||||||
27 | borrower may not waive credit counseling. If at any time after | ||||||
28 | submitting the information required under Section 72 the broker | ||||||
29 | or originator (i) changes the terms of the loan or (ii) issues | ||||||
30 | a new commitment to the borrower, then, within 5 days | ||||||
31 | thereafter, the broker or originator shall re-submit all of the | ||||||
32 | information required under Section 72 and, within 4 days after | ||||||
33 | receipt of the information re-submitted by the broker or | ||||||
34 | originator, the Department shall compare that information to |
| |||||||
| |||||||
1 | credit counseling standards developed by the Department by rule | ||||||
2 | and shall issue to the borrower and the broker or originator a | ||||||
3 | new determination of whether credit counseling is recommended | ||||||
4 | for the borrower based on the information re-submitted by the | ||||||
5 | broker or originator. | ||||||
6 | (e) If the Department recommends credit counseling for the | ||||||
7 | borrower under subsection (d), then the Department shall notify | ||||||
8 | the borrower of all HUD-certified counseling agencies located | ||||||
9 | within the State and direct the borrower to interview with a | ||||||
10 | counselor associated with one of those agencies. Within 10 days | ||||||
11 | after receipt of the notice of HUD-certified counseling | ||||||
12 | agencies, the borrower shall select one of those agencies and | ||||||
13 | shall engage in an interview with a counselor associated with | ||||||
14 | that agency. Within 7 days after interviewing the borrower, the | ||||||
15 | credit counselor must submit to the predatory lending database | ||||||
16 | all of the information required under Section 74 and any other | ||||||
17 | information required by the Department by rule. Any costs | ||||||
18 | associated with credit counseling provided under the pilot | ||||||
19 | program shall be paid by the broker or originator. | ||||||
20 | (f) The broker or originator and the borrower may not take | ||||||
21 | any legally binding action concerning the loan transaction | ||||||
22 | until the later of the following: | ||||||
23 | (1) the Department issues a determination not to | ||||||
24 | recommend credit counseling for the borrower in accordance | ||||||
25 | with subsection (d); or | ||||||
26 | (2) the Department issues a determination that credit | ||||||
27 | counseling is recommended for the borrower and the credit | ||||||
28 | counselor submits all required information to the database | ||||||
29 | in accordance with subsection (e).
| ||||||
30 | (g) Within 10 days after closing, the title insurance | ||||||
31 | company or closing agent must submit to the predatory lending | ||||||
32 | database all of the information required under Section 76 and | ||||||
33 | any other information required by the Department by rule. | ||||||
34 | (h) Upon recording the mortgage, the title insurance |
| |||||||
| |||||||
1 | company or closing agent must simultaneously file with the | ||||||
2 | recorder a certificate of its compliance with the requirements | ||||||
3 | of this Article, as generated by the database. If the title | ||||||
4 | insurance company or closing agent fails to file the | ||||||
5 | certificate of compliance, then the mortgage is not recordable. | ||||||
6 | In addition, if any lis pendens for a residential mortgage | ||||||
7 | foreclosure is recorded on the property within the pilot | ||||||
8 | program area, a certificate of service must be simultaneously | ||||||
9 | recorded that affirms that a copy of the lis pendens was filed | ||||||
10 | with the Department. If the certificate of service is not | ||||||
11 | recorded, then the lis pendens pertaining to the residential | ||||||
12 | mortgage foreclosure in question is not recordable and is of no | ||||||
13 | force and effect. | ||||||
14 | (i) All information provided to the predatory lending | ||||||
15 | database under the program is confidential and is not subject | ||||||
16 | to disclosure under the Freedom of Information Act, except as | ||||||
17 | otherwise provided in this Article. Any borrower may authorize | ||||||
18 | in writing the release of database information. The Department | ||||||
19 | may use the information in the database without the consent of | ||||||
20 | the borrower: (i) for the purposes of administering and | ||||||
21 | enforcing the pilot program; (ii) to provide relevant | ||||||
22 | information to a credit counselor providing credit counseling | ||||||
23 | to a borrower under the pilot program; or (iii) to the | ||||||
24 | appropriate law enforcement agency or the applicable | ||||||
25 | administrative agency if the database information demonstrates | ||||||
26 | criminal, fraudulent, or otherwise illegal activity.
| ||||||
27 | (j) Any person who violates any provision of this Article | ||||||
28 | commits an unlawful practice within the meaning of the Consumer | ||||||
29 | Fraud and Deceptive Business Practices Act.
| ||||||
30 | (765 ILCS 77/72 new) | ||||||
31 | Sec. 72. Originator; required information. As part of the | ||||||
32 | predatory lending database pilot program, the broker or | ||||||
33 | originator must submit all of the following information for |
| |||||||
| |||||||
1 | inclusion in the predatory lending database for each loan for | ||||||
2 | which the originator takes an application: | ||||||
3 | (1) The borrower's name, address, social security | ||||||
4 | number or taxpayer identification number, date of birth, | ||||||
5 | and income and expense information contained in the | ||||||
6 | mortgage application.
| ||||||
7 | (2) The address, permanent index number, and a | ||||||
8 | description of the collateral and information about the | ||||||
9 | loan or loans being applied for and the loan terms, | ||||||
10 | including the amount of the loan, the rate and whether the | ||||||
11 | rate is fixed or adjustable, amortization or loan period | ||||||
12 | terms, and any other material terms.
| ||||||
13 | (3) The borrower's credit score at the time of | ||||||
14 | application.
| ||||||
15 | (4) Information about the originator and the company | ||||||
16 | the originator works for, including the originator's | ||||||
17 | license number and address, fees being charged, whether the | ||||||
18 | fees are being charged as points up front, the yield spread | ||||||
19 | premium payable outside closing, and other charges made or | ||||||
20 | remuneration required by the broker or originator or its | ||||||
21 | affiliates or the broker's or originator's employer or its | ||||||
22 | affiliates for the mortgage loans.
| ||||||
23 | (5) Information about affiliated or third party | ||||||
24 | service providers, including the names and addresses of | ||||||
25 | appraisers, title insurance companies, closing agents, | ||||||
26 | attorneys, and realtors who are involved with the | ||||||
27 | transaction and the broker or originator and any moneys | ||||||
28 | received from the broker or originator in connection with | ||||||
29 | the transaction.
| ||||||
30 | (6) All information indicated on the Good Faith | ||||||
31 | Estimate and Truth in Lending statement disclosures given | ||||||
32 | to the borrower by the broker or originator.
| ||||||
33 | (7) Annual real estate taxes for the property, together | ||||||
34 | with any assessments payable in connection with the |
| |||||||
| |||||||
1 | property to be secured by the collateral and the proposed | ||||||
2 | monthly principal and interest charge of all loans to be | ||||||
3 | taken by the borrower and secured by the property of | ||||||
4 | borrower.
| ||||||
5 | (8) The information disclosed by the broker or | ||||||
6 | originator pursuant to subsection (c) of Section 70.
| ||||||
7 | (9) Information concerning how the broker or | ||||||
8 | originator obtained the client and the name of its referral | ||||||
9 | source, if any.
| ||||||
10 | (10) Information concerning the notices provided by | ||||||
11 | the broker or originator to the borrower as required by law | ||||||
12 | and the date those notices were given.
| ||||||
13 | (11) Information concerning whether a sale and | ||||||
14 | leaseback is contemplated and the names of the lessor and | ||||||
15 | lessee, seller, and purchaser.
| ||||||
16 | (765 ILCS 77/74 new) | ||||||
17 | Sec. 74. Credit counselor; required information. As part of | ||||||
18 | the predatory lending database pilot program, a credit | ||||||
19 | counselor must submit all of the following information for | ||||||
20 | inclusion in the predatory lending database: | ||||||
21 | (1) The information called for in Section 72. | ||||||
22 | (2) Any information from the borrower that confirms or | ||||||
23 | contradicts the information called for under item (1) of | ||||||
24 | this Section. | ||||||
25 | (3) The name and address of the credit counselor.
| ||||||
26 | (4) Information pertaining to the borrower's monthly | ||||||
27 | expenses that assists the credit counselor in determining | ||||||
28 | whether the borrower can afford the loans or loans for | ||||||
29 | which the borrower is applying. | ||||||
30 | (5) A list of the disclosures furnished to the | ||||||
31 | borrower, as seen and reviewed by the credit counselor, and | ||||||
32 | a comparison of that list to all disclosures required by | ||||||
33 | law. |
| |||||||
| |||||||
1 | (6) Whether the borrower provided tax returns to the | ||||||
2 | broker or originator or to the credit counselor, and, if | ||||||
3 | so, who prepared the tax returns. | ||||||
4 | (7) The date the loan commitment expires and whether a | ||||||
5 | written commitment has been given, together with the | ||||||
6 | proposed date of closing. | ||||||
7 | (8) A statement of the recommendations of the credit | ||||||
8 | counselor that indicates the counselor's response to each | ||||||
9 | of the following statements: | ||||||
10 | (A) The loan should not be approved due to indicia | ||||||
11 | of fraud. | ||||||
12 | (B) The loan should be approved; no material | ||||||
13 | problems noted. | ||||||
14 | (C) The borrower cannot afford the loan. | ||||||
15 | (D) The borrower does not understand the | ||||||
16 | transaction. | ||||||
17 | (E) The borrower does not understand the costs | ||||||
18 | associated with the transaction. | ||||||
19 | (F) The borrower's monthly income and expenses | ||||||
20 | have been reviewed and disclosed. | ||||||
21 | (G) The rate of the loan is above market rate. | ||||||
22 | (H) The borrower should seek a competitive bid from | ||||||
23 | another broker or originator. | ||||||
24 | (I) There are discrepancies between the borrower's | ||||||
25 | verbal understanding and the originator's completed | ||||||
26 | form. | ||||||
27 | (J) The borrower is precipitously close to not | ||||||
28 | being able to afford the loan. | ||||||
29 | (K) The borrower understands the true cost of debt | ||||||
30 | consolidation and the need for credit card discipline.
| ||||||
31 | (L) The information that the borrower provided the | ||||||
32 | originator has been amended by the originator.
| ||||||
33 | (765 ILCS 77/76 new) |
| |||||||
| |||||||
1 | Sec. 76. Title insurance company or closing agent; required | ||||||
2 | information. As part of the predatory lending database pilot | ||||||
3 | program, a title insurance company or closing agent must submit | ||||||
4 | all of the following information for inclusion in the predatory | ||||||
5 | lending database:
| ||||||
6 | (1) The borrower's name, address, social security | ||||||
7 | number or taxpayer identification number, date of birth, | ||||||
8 | and income and expense information contained in the | ||||||
9 | mortgage application. | ||||||
10 | (2) The address, permanent index number, and a | ||||||
11 | description of the collateral and information about the | ||||||
12 | loan or loans being applied for and the loan terms, | ||||||
13 | including the amount of the loan, the rate and whether the | ||||||
14 | rate is fixed or adjustable, amortization or loan period | ||||||
15 | terms, and any other material terms. | ||||||
16 | (3) Annual real estate taxes for the property, together | ||||||
17 | with any assessments payable in connection with the | ||||||
18 | property to be secured by the collateral and the proposed | ||||||
19 | monthly principal and interest charge of all loans to be | ||||||
20 | taken by the borrower and secured by the property of the | ||||||
21 | borrower as well as any required escrows and the amounts | ||||||
22 | paid monthly for those escrows. | ||||||
23 | (4) All itemizations and descriptions set forth in the | ||||||
24 | RESPA settlement statement including items to be | ||||||
25 | disbursed, payable outside closing "POC" items noted on the | ||||||
26 | statement, and a list of payees and the amounts of their | ||||||
27 | checks. | ||||||
28 | (5) The name and license number of the title insurance | ||||||
29 | company or closing agent together with the name of the | ||||||
30 | agent actually conducting the closing. | ||||||
31 | (6) The names and addresses of all originators, | ||||||
32 | brokers, appraisers, sales persons, attorneys, and | ||||||
33 | surveyors that are present at the closing. | ||||||
34 | (7) The date of closing, a detailed list of all notices |
| |||||||
| |||||||
1 | provided to the borrower at closing and the date of those | ||||||
2 | notices, and all information indicated on the Truth in | ||||||
3 | Lending statement and Good Faith Estimate disclosures.
| ||||||
4 | Section 25. The Residential Real Property Disclosure Act is | ||||||
5 | amended by adding an Article caption immediately before Section | ||||||
6 | 99 as follows: | ||||||
7 | ARTICLE 4 | ||||||
8 | EFFECTIVE DATE
| ||||||
9 | Section 30. The Consumer Fraud and Deceptive Practices Act | ||||||
10 | is amended by changing Section 2Z as follows:
| ||||||
11 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||||||
12 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
13 | violates
the Automotive Repair Act,
the Home Repair and | ||||||
14 | Remodeling Act,
the Dance Studio Act,
the Physical Fitness | ||||||
15 | Services Act,
the Hearing Instrument Consumer Protection Act,
| ||||||
16 | the Illinois Union Label Act,
the Job Referral and Job Listing | ||||||
17 | Services Consumer Protection Act,
the Travel Promotion | ||||||
18 | Consumer Protection Act,
the Credit Services Organizations | ||||||
19 | Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call | ||||||
20 | Services Consumer Protection Act,
the Telephone Solicitations | ||||||
21 | Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | ||||||
22 | Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery | ||||||
23 | Sales Act,
the High Risk Home Loan Act, subsection (a) or (b) | ||||||
24 | of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) | ||||||
25 | of Section 3-10 of the Cigarette Use Tax Act, the Electronic
| ||||||
26 | Mail Act, paragraph (6)
of
subsection (k) of Section 6-305 of | ||||||
27 | the Illinois Vehicle Code, Article 3 of the Residential Real | ||||||
28 | Property Disclosure Act, or the Automatic Contract Renewal Act | ||||||
29 | commits an unlawful practice within the meaning of this Act.
| ||||||
30 | (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04; 93-950, |
| |||||||
| |||||||
1 | eff. 1-1-05.)".
|