State of Illinois
2013 and 2014


Introduced 1/10/2013, by Rep. William Davis


5 ILCS 140/7.5
205 ILCS 510/4  from Ch. 17, par. 4654
205 ILCS 510/7  from Ch. 17, par. 4657

    Amends the Pawnbroker Regulation Act. Provides that the value of things loaned by a person to a pawnbroker shall no longer be included in the memorandum, contract, or note signed by the pawnbroker. Provides that all information provided to law enforcement according to the reporting requirements of a specified provision is confidential and is not subject to disclosure under the Freedom of Information Act. Makes corresponding changes in the Freedom of Information Act. Effective immediately.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures
17Board and any and all documents or other records prepared by
18the Experimental Organ Transplantation Procedures Board or its
19staff relating to applications it has received.
20    (d) Information and records held by the Department of
21Public Health and its authorized representatives relating to
22known or suspected cases of sexually transmissible disease or
23any information the disclosure of which is restricted under the



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1Illinois Sexually Transmissible Disease Control Act.
2    (e) Information the disclosure of which is exempted under
3Section 30 of the Radon Industry Licensing Act.
4    (f) Firm performance evaluations under Section 55 of the
5Architectural, Engineering, and Land Surveying Qualifications
6Based Selection Act.
7    (g) Information the disclosure of which is restricted and
8exempted under Section 50 of the Illinois Prepaid Tuition Act.
9    (h) Information the disclosure of which is exempted under
10the State Officials and Employees Ethics Act, and records of
11any lawfully created State or local inspector general's office
12that would be exempt if created or obtained by an Executive
13Inspector General's office under that Act.
14    (i) Information contained in a local emergency energy plan
15submitted to a municipality in accordance with a local
16emergency energy plan ordinance that is adopted under Section
1711-21.5-5 of the Illinois Municipal Code.
18    (j) Information and data concerning the distribution of
19surcharge moneys collected and remitted by wireless carriers
20under the Wireless Emergency Telephone Safety Act.
21    (k) Law enforcement officer identification information or
22driver identification information compiled by a law
23enforcement agency or the Department of Transportation under
24Section 11-212 of the Illinois Vehicle Code.
25    (l) Records and information provided to a residential
26health care facility resident sexual assault and death review



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1team or the Executive Council under the Abuse Prevention Review
2Team Act.
3    (m) Information provided to the predatory lending database
4created pursuant to Article 3 of the Residential Real Property
5Disclosure Act, except to the extent authorized under that
7    (n) Defense budgets and petitions for certification of
8compensation and expenses for court appointed trial counsel as
9provided under Sections 10 and 15 of the Capital Crimes
10Litigation Act. This subsection (n) shall apply until the
11conclusion of the trial of the case, even if the prosecution
12chooses not to pursue the death penalty prior to trial or
14    (o) Information that is prohibited from being disclosed
15under Section 4 of the Illinois Health and Hazardous Substances
16Registry Act.
17    (p) Security portions of system safety program plans,
18investigation reports, surveys, schedules, lists, data, or
19information compiled, collected, or prepared by or for the
20Regional Transportation Authority under Section 2.11 of the
21Regional Transportation Authority Act or the St. Clair County
22Transit District under the Bi-State Transit Safety Act.
23    (q) Information prohibited from being disclosed by the
24Personnel Records Review Act.
25    (r) Information prohibited from being disclosed by the
26Illinois School Student Records Act.



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1    (s) Information the disclosure of which is restricted under
2Section 5-108 of the Public Utilities Act.
3    (t) All identified or deidentified health information in
4the form of health data or medical records contained in, stored
5in, submitted to, transferred by, or released from the Illinois
6Health Information Exchange, and identified or deidentified
7health information in the form of health data and medical
8records of the Illinois Health Information Exchange in the
9possession of the Illinois Health Information Exchange
10Authority due to its administration of the Illinois Health
11Information Exchange. The terms "identified" and
12"deidentified" shall be given the same meaning as in the Health
13Insurance Accountability and Portability Act of 1996, Public
14Law 104-191, or any subsequent amendments thereto, and any
15regulations promulgated thereunder.
16    (u) Records and information provided to an independent team
17of experts under Brian's Law.
18    (v) Names and information of people who have applied for or
19received Firearm Owner's Identification Cards under the
20Firearm Owners Identification Card Act.
21    (w) Personally identifiable information which is exempted
22from disclosure under subsection (g) of Section 19.1 of the
23Toll Highway Act.
24    (x) Information which is exempted from disclosure under
25Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
26Illinois Municipal Code.



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1    (y) Information disclosed pursuant to Section 7 of the
2Pawnbroker Regulation Act.
3(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
58-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
6eff. 1-1-13.)
7    Section 10. The Pawnbroker Regulation Act is amended by
8changing Sections 4 and 7 as follows:
9    (205 ILCS 510/4)  (from Ch. 17, par. 4654)
10    Sec. 4. Every pawnbroker shall, at the time of making any
11advancement or loan, deliver to the person pawning or pledging
12any property, a memorandum, contract, or note signed by him or
13her containing an accurate account and description, in the
14English language, of all the goods, articles or other things
15pawned or pledged, the amount of money, value of things loaned
16thereon, the time of pledging the same, the rate of interest to
17be paid on the loan, the name and residence of the person
18making the pawn or pledge, and the amount of any fees as
19specified in Section 2 of this Act.
20(Source: P.A. 87-802.)
21    (205 ILCS 510/7)  (from Ch. 17, par. 4657)
22    Sec. 7. Daily report.
23    (a) Except as provided in subsection (b), it shall be the



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1duty of every pawnbroker to make out and deliver to the sheriff
2of the county in which such pawnbroker does business, on each
3day before the hours of 12 o'clock noon, a legible and exact
4copy from the standard record book, as required in Section 5 of
5this Act, that lists all personal property and any other
6valuable thing received on deposit or purchased during the
7preceding day, including the exact time when received or
8purchased, and a description of the person or person by whom
9left in pledge, or from whom the same were purchased; provided,
10that in cities or towns having 25,000 or more inhabitants, a
11copy of the such report shall at the same time also be
12delivered to the superintendent of police or the chief police
13officer of such city or town. Such report may be made by
14computer printout or input memory device if the format has been
15approved by the local law enforcement agency.
16    (b) In counties with more than 3,000,000 inhabitants, a
17pawnbroker must provide the daily report to the sheriff only if
18the pawnshop is located in an unincorporated area of the
19county. Pawnbrokers located in cities or towns in such counties
20must deliver such reports to the superintendent of police or
21the chief police officer of such city or town.
22    (c) All information provided to law enforcement according
23to the reporting requirements of this Section is confidential
24and is not subject to disclosure under the Freedom of
25Information Act.
26(Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.