HB1437ham003 95TH GENERAL ASSEMBLY

Rep. David E. Miller

Filed: 4/26/2007

09500HB1437ham003 LRB095 08216 WGH 35553 a

AMENDMENT TO HOUSE BILL 1437

AMENDMENT NO. ______. Amend House Bill 1437, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Tax Refund Anticipation Loan Act.

Section 5. Scope. No person, including, but not limited to, any officer, agent, employee, or representative, may individually or in conjunction or cooperation with another person (i) solicit the execution of, process, receive, or accept an application or agreement for a refund anticipation loan or refund anticipation check or (ii) in any other manner facilitate the making of a refund anticipation loan or refund anticipation check unless the person has complied with the provisions of this Act. The provisions of this Act shall apply to any person who seeks to evade its applicability by any device, subterfuge, or pretense whatsoever.

Section 10. Definitions. The following definitions apply in this Act:

"Applicant" means a person who applies for registration as a facilitator of refund anticipation loans or refund anticipation checks.

"Consumer" means any individual who, singly or jointly with another individual, is solicited for, applies for, or receives the proceeds of a refund anticipation loan or refund anticipation check.

"Creditor" means any person who makes a refund anticipation loan or who takes an assignment of a refund anticipation loan.

"Department" means the Department of Financial and Professional Regulation.

"Facilitator" means a person who individually or in conjunction or cooperation with another person (i) solicits the execution of, processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check or (ii) in any other manner facilitates the making of a refund anticipation loan or refund anticipation check.

"Person" means an individual, firm, partnership, association, corporation, or another entity.

"Refund anticipation check" means a check or other payment mechanism:

(1) representing the proceeds of a consumer's tax refund;

(2) that was issued by a depository institution or other person that received a direct deposit of the consumer's tax refund or tax credits; and

(3) for which the consumer has paid a fee or other consideration.

"Refund anticipation loan" means a loan that is secured by or that the creditor arranges to be repaid directly or indirectly from the proceeds of the consumer's income tax refund or tax credits. "Refund anticipation loan" also includes any sale, assignment, or purchase of a consumer's tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer's tax refund.

"Refund anticipation loan fee" means the total charges, fees, or other consideration charged or imposed directly or indirectly by the creditor or facilitator for the making of or in connection with a refund anticipation loan. "Refund anticipation loan fee" includes any charges, fees, or other consideration for a deposit account if the deposit account is used for receipt of the consumer's tax refund to repay the amount owed on the loan. "Refund anticipation loan fee" does not include any charges, fees, or other consideration usually charged or imposed by the facilitator in the ordinary course of business, such as fees for tax return preparation and fees for electronic filing of tax returns, if the same fees in the same amount are charged to the facilitator's customers who do not receive refund anticipation loans or refund anticipation checks.

"Refund anticipation loan interest rate" means the interest rate for a refund anticipation loan calculated as follows: the total amount of refund anticipation loan fees divided by the loan amount (minus any loan fees), then divided by the number of days in the loan term, then multiplied by 365 and expressed as a percentage. If a deposit account is established or maintained in whole or in part for the purpose of receiving the consumer's tax refund to repay the amount owed on a refund anticipation loan:

(1) the maturity of the loan for the purpose of determining the refund anticipation loan interest rate shall be assumed to be the estimated date when the tax refund will be deposited in the deposit account; and

(2) any fee charged to the consumer for the deposit account shall be considered a loan fee and shall be included in the calculation of the refund anticipation loan interest rate.

If no deposit account is established or maintained for the repayment of the loan, the maturity of the loan shall be assumed to be the estimated date when the tax refund is received by the creditor.

In no event shall the refund anticipation loan interest rate exceed 36% per annum.

"Registrant" means a person who is registered as a facilitator of refund anticipation loans or refund anticipation checks under this Act.

Section 15. Registration and bond requirement.

(a) No person may individually or in conjunction or cooperation with another person solicit the execution of, process, receive, or accept an application or agreement for a refund anticipation loan or refund anticipation check without first (i) being registered as a facilitator with the Department and (ii) posting a bond in accordance with this Act.

(b) Each registrant must post a bond in the amount of $100,000 per location, which must continue in effect for 5 years after the registrant ceases operation in the State. The bond shall be available to pay damages and penalties to consumers harmed by any violation of this Act.

(c) This Section does not apply to any bank, savings and loan association, credit union, or licensee under the Consumer Installment Loan Act and operating under the laws of the United States or of this State.

Section 20. Registration procedure; informal hearing.

(a) An application to become registered as a facilitator shall be in writing, under oath, and in a form prescribed by the Department. Each application for registration shall be accompanied by a fee of $1,000 for each office at which the applicant intends to facilitate refund anticipation loans or refund anticipation checks.

Upon the filing of an application for registration, if the Department finds that the responsibility and general fitness of the applicant are sufficient to command the confidence of the community and to warrant belief that the business of facilitating refund anticipation loans or refund anticipation checks will be operated within the purposes of this Act, the Department shall register the applicant and shall issue to the applicant a certificate of registration. Upon receipt of a certificate of registration, the applicant is registered under this Act and may engage in the business of facilitating refund anticipation loans and refund anticipation checks at the offices identified on the application for registration.

(b) If the Department does not find that the applicant's responsibility and general fitness are sufficient to command the confidence of the community and to warrant that the business of facilitating refund anticipation loans and refund anticipation checks will be operated within the purposes of this Act, the Department shall deny the applicant's application for registration and shall notify the applicant of the reasons for the denial. Within 5 days after receipt of notice of the Department's denial of its application for registration, the applicant may make written demand to the Department for a hearing. The Department shall conduct an informal hearing on the matter within a reasonable time after receipt of the applicant's demand for a hearing.

(c) On or before December 31 of the year in which the initial application was approved under subsection (a) of this Section and on or before December 31 of each year thereafter, each registrant shall pay an annual fee of $1,000 for each office at which the registrant intends to facilitate refund anticipation loans or refund anticipation checks.

Section 25. Posting of registration, fee schedules, and disclosures.

(a) Each registrant shall prominently display in each place of business in this State in which it facilitates the making of refund anticipation loans or refund anticipation checks, a certificate of registration under this Act and a schedule showing the current fees:

(1) for refund anticipation loans facilitated at the office;

(2) for refund anticipation checks facilitated at the office; and

(3) for the electronic filing of the consumer's tax return.

(b) Each registrant shall display on each fee schedule examples of the refund anticipation loan interest rates for refund anticipation loans of $200, $500, $1,000, $1,500, $2,000, and $5,000.

(c) Each registrant shall also prominently display all of the following on each fee schedule:

(1) A legend, centered, in bold, capital, one-inch letters stating: "NOTICE CONCERNING REFUND ANTICIPATION LOANS".

(2) The following statement: "When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you must still repay the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN GET YOUR REFUND IN ABOUT 10 DAYS WITHOUT GETTING A LOAN. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a loan or paying fees for an extra product.".

(d) The postings required under this Section shall be made in no less than 28-point type on a document measuring no less than 16 inches by 20 inches and shall be displayed in a prominent location at each office in which the registrant is facilitating refund anticipation loans.

(e) No registrant may facilitate a refund anticipation loan or refund anticipation check unless (i) the postings required under this Section are displayed in the manner required under this Section and (ii) the fee actually charged for the refund anticipation loan or refund anticipation check is the same as the fee displayed on the schedule.

Section 30. Application disclosures. At the time a consumer applies for a refund anticipation loan or refund anticipation check, the registrant shall disclose to the consumer, on a form separate from the application, in 14-point type, unless otherwise noted, all of the following:

(1) The refund anticipation loan fee.

(2) The fee for electronic filing of a tax return.

(3) The time within which the proceeds of the refund anticipation loan or refund anticipation check will be paid to the consumer if the loan or check is approved.

(4) For refund anticipation loans, the following disclosures:

(A) a legend, centered, in bold, capital letters, and in 18-point type stating "NOTICE"; and

(B) the following statement: "This is a loan. This loan is borrowing money against your tax refund. If your tax refund is less than expected, you must still repay the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN GET YOUR REFUND IN ABOUT 10 DAYS WITHOUT GETTING THIS LOAN. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a loan or other paid product.".

(5) For refund anticipation loans, disclosure of the refund anticipation loan interest rate.

(6) For refund anticipation checks, the following disclosures:

(A) a legend, centered, in bold, capital letters, and in 18-point type stating "NOTICE"; and

(B) the following statement: "You are paying (amount of refund anticipation check fee) to get your refund check through (name of issuer of refund anticipation check). YOU CAN AVOID THIS FEE AND STILL RECEIVE YOUR REFUND IN ABOUT 10 DAYS BY HAVING THE IRS DIRECT DEPOSIT YOUR REFUND INTO YOUR OWN BANK ACCOUNT. You can also wait for the IRS to mail you a check. If you do not have a bank account, you may wish to consider getting one.".

Section 35. Duties of registrant. Each registrant shall do all of the following:

(1) Arrange the refund anticipation loan or refund anticipation check, or inform the consumer that the application is rejected, promptly after the consumer applies for the refund anticipation loan or refund anticipation check.

(2) Provide to the consumer, prior to consummation of the loan or check transaction, in a form that can be kept by the consumer:

(A) a copy of the completed loan or check application and agreement;

(B) the disclosures required by Section 30; and

(C) for refund anticipation loans, the disclosures required by the federal Truth In Lending Act.

(3) Provide the disclosures required by Section 30 in English and in the language in which the loan was negotiated.

Section 40. Prohibited activities. No person, including, but not limited to, any officer, agent, employee, or representative, in the making or facilitating of a refund anticipation loan or refund anticipation check shall do any of the following:

(1) Misrepresent a factor or condition of the refund anticipation loan or refund anticipation check or make any oral statements contradicting any of the information required to be disclosed under this Act.

(2) Fail to comply with any provision of this Act.

(3) Threaten to take any action that is prohibited by this Act or by any other law or that the person does not actually intend to take.

(4) Make or facilitate a refund anticipation loan for which the refund anticipation loan interest rate is greater than 36% per annum. Any refund anticipation loan for which the refund anticipation loan interest rate exceeds 36% per annum is void ab initio.

(5) Directly or indirectly charge or arrange for the charging of any interest, fee, or charge related to a refund anticipation loan or refund anticipation check, other than those specifically authorized by this Act, including, but not limited to:

(A) charges for insurance;

(B) attorney's fees or other collection costs; or

(C) check cashing fees.

(6) Include any of the following provisions in any document provided or signed in connection with a refund anticipation loan or refund anticipation check, including the loan application or agreement:

(A) A hold harmless clause.

(B) A confession of judgment clause.

(C) A waiver of the right to a jury trial, if applicable, in any action brought by or against the consumer.

(D) Any assignment of or order for payment of wages or other compensation for services.

(E) A provision in which the consumer agrees not to assert any claim or defense arising out of the contract or to seek any remedies pursuant to Section 50 of this Act.

(F) A waiver of any provision of this Act. Any waiver of any provision of this Act is null and void and of no force and effect.

(G) A waiver of the right to injunctive, declaratory, or other equitable relief or relief on a class-wide basis.

(H) A provision requiring that any aspect of a resolution of a dispute between the parties to the agreement be kept confidential. This subparagraph (H) shall not affect the right of the parties to agree that certain specified information is a trade secret or otherwise confidential or to later agree, after the dispute arises, to keep a resolution confidential.

(7) Take or arrange for a creditor to take a security interest in any property of the consumer other than the proceeds of the consumer's tax refund in order to secure payment of a refund anticipation loan.

(8) Directly or indirectly, individually or in conjunction or cooperation with another person, engage in the collection of an outstanding or delinquent refund anticipation loan for any creditor or assignee, including, but not limited to, soliciting the execution of, processing, receiving, or accepting an application or agreement for a refund anticipation loan or refund anticipation check that contains a provision permitting the creditor to repay, by offset or other means, an outstanding or delinquent refund anticipation loan for that creditor or any creditor from the proceeds of the consumer's tax refund.

(9) Facilitate, refer, or solicit consumers on behalf of a third party engaged in check cashing for a fee or permit third party check cashing for a fee in any place of business identified on the application for registration.

(10) Facilitate any loan that is secured by or that the creditor arranges to be repaid directly from the proceeds of the consumer's State income tax refund from the State treasury.

(11) Make a misrepresentation of fact in obtaining or attempting to obtain a registration as a facilitator.

(12) Use or permit the use of a consumer's federal or State earned income tax credit to secure a refund anticipation loan.

(13) Engage in any other action prohibited by rule by the Department.

Section 45. Administrative remedies.

(a) Whenever the Department believes or has notice that any facilitator is in violation of this Act, the Department shall give reasonable notice to the facilitator of the suspected violation, and shall provide an opportunity for the facilitator to be heard. If, following the hearing, the Department finds that any action of the facilitator is in violation of this Act, the Department shall order the facilitator to cease and desist from the action. The Department may make investigations, subpoena witnesses, and require audits and reports in preparation for the hearing and shall make findings of fact. All hearings shall be open to the public.

If the facilitator continues to engage in an action in violation of the Department's order to cease and desist, a penalty of $1,000 shall be imposed against the facilitator for each action in violation of the Department's order.

(b) After notice and a hearing and upon the finding that a facilitator has (i) engaged in a course of conduct that is in violation of this Act or (ii) continued to engage in an action in violation of a cease and desist order of the Department that has not been stayed upon application of the facilitator, the Department may, at its discretion, either temporarily suspend or permanently revoke the registration of the facilitator. The revocation, suspension, or surrender of any registration under this Act shall not relieve the registrant from civil or criminal liability for acts committed prior thereto.

(c) The Department shall:

(1) maintain a list of registrants that shall be available to interested persons and the public;

(2) establish a toll-free telephone number whereby consumers may obtain information about registrants and complaint forms; and

(3) establish a complaint process whereby an aggrieved consumer or any member of the public may file a complaint against any facilitator who violates any provision of this Act.

All complaints shall be considered public records pursuant to the Freedom of Information Act, except that any portion of a complaint that includes the complainant's name, address, or other personal identifying information shall be exempt from public inspection under the Freedom of Information Act. The Department shall hold a hearing pursuant to subsection (a) of this Section upon the request of a party to the complaint. The Department may, after the hearing, issue cease and desist orders pursuant to subsection (a) or suspend or revoke the facilitator's certificate of registration, as provided in subsection (b) of this Section.

Section 50. Private right of action.

(a) The remedies provided in this Section are cumulative and apply to all facilitators.

(b) A facilitator who fails to comply with any provision of this Act is liable to the consumer for all of the following:

(1) Actual and consequential damages.

(2) Statutory damages of $2,000 (to be increased annually based proportionally on changes in the Consumer Price Index, with fractional amounts rounded to the nearest dollar) or 3 times the amount of the refund anticipation loan fee or other unauthorized charge, whichever is greater.

(3) Reasonable attorney's fees and costs.

(c) Any person may sue for injunctive or other appropriate equitable relief to enforce this Act.

(d) Any consumer may bring a class action suit to enforce this Act. In any class action, a facilitator who fails to comply with any provision of this Act is liable for all of the following:

(1) Actual and consequential damages for each class member.

(2) Statutory damages as set forth in item (2) of subsection (b) of this Section for each class member.

(3) Reasonable attorney's fees and costs.

(e) The remedies provided in this Section are not intended to be the exclusive remedies available to a consumer nor must the consumer exhaust any administrative remedies provided under this Act or any other applicable law.

Section 55. Consumer fraud and deceptive business practices. Any violation of this Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act.

Section 60. Rules. The Department may adopt rules necessary to effectuate the purposes of this Act, to provide for the protection of the borrowing public, and to assist facilitators in interpreting this Act. The Department may modify the disclosures required in subsection (c) of Section 25 and subsection (d) of Section 30 of this Act to the extent that a revision of the 10-day estimate for receiving a refund from the Internal Revenue Service (with electronic filing and direct deposit) is appropriate.

Section 65. Annual reports. Beginning on July 1, 2008 and on or before July 1 of each year thereafter, each registrant shall file an annual report with the Department pursuant to procedures established by the Department by rule. The Department shall compile an annual consolidated report combining the annual reports of all registrants and make it available to the public. These reports shall include all of the following items for the time period beginning on April 15 of the year prior to the year in which the report is filed and through April 14 of the year in which the report is filed:

(1) The total number and dollar amount of refund anticipation loans facilitated by each registrant.

(2) The total number and dollar amount of refund anticipation checks facilitated by each registrant.

(3) The average number of days for which refund anticipation loans facilitated by each registrant were outstanding before being repaid.

(4) The name and address of each creditor or person for whom the registrant facilitates refund anticipation loans or refund anticipation checks.

(5) Any other information required by the Department.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 900. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.

(1) The following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law.

(b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information exempted under this subsection (b) shall include but is not limited to:

(i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies;

(ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions;

(iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline;

(iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute;

(v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection; and

(vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs.

(c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency;

(ii) interfere with pending administrative enforcement proceedings conducted by any public body;

(iii) deprive a person of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct;

(vi) constitute an invasion of personal privacy under subsection (b) of this Section;

(vii) endanger the life or physical safety of law enforcement personnel or any other person; or

(viii) obstruct an ongoing criminal investigation.

(d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying:

(i) chronologically maintained arrest information, such as traditional arrest logs or blotters;

(ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held;

(iii) court records that are public;

(iv) records that are otherwise available under State or local law; or

(v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section.

"Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including:

(i) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(ii) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings.

(l) Library circulation and order records identifying library users with specific materials.

(m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers.

(p) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made.

(s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated.

(t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool.

(u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases.

(v) Course materials or research materials used by faculty members.

(w) Information related solely to the internal personnel rules and practices of a public body.

(x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.

(y) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law.

(aa) 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.

(bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications.

(cc) 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.

(dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for 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.

(gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(hh) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act.

(ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act.

(jj) 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.

(kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(ll) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations.

(mm) Maps and other records regarding the location or security of a utility's generation, transmission, distribution, storage, gathering, treatment, or switching facilities.

(nn) 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.

(oo) 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.

(pp) 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.

(qq) 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. This subsection (qq) 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.

(rr) Information the disclosure of which is exempted under subsection (c) of Section 45 of the Tax Refund Anticipation Loan Act.

(2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised 8-3-06.)

Section 905. The Consumer Installment Loan Act is amended by adding Section 15f as follows:

(205 ILCS 670/15f new)

Sec. 15f. Practices concerning members of the military.

(a) A licensee may not garnish the wages or salaries of a borrower who is a member of the military or is the spouse of a member of the military.

(b) In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, a licensee shall suspend and defer collection activity against a borrower who is a member of the military and who has been deployed to a combat or combat support posting, or to the spouse of a borrower who is a member of the military and who has been deployed to a combat or combat support posting, for the duration of the deployment.

(c) A licensee may not knowingly contact the military chain of command of a borrower who is a member of the military in an effort to collect on any loan.

(d) Licensees must honor the terms of any repayment plan that they have entered into with any borrower who is a member of the military, including a repayment agreement negotiated through military counselors or third-party credit counselors.

(e) A licensee may not use any military design or insignia on any advertising material or other material distributed to a member of the military or the spouse of a member of the military that suggests military approval or endorsement of any product of that licensee.

(f) For purposes of this Section, "member of the military" means a person serving in the armed forces of the United States, the Illinois National Guard, or any reserve component of the armed forces of the United States. "Member of the military" includes those persons engaged in (i) active duty, (ii) training or education under the supervision of the United States preliminary to induction into military service, or (iii) a period of active duty with the State of Illinois under Title 10 or Title 32 of the United States Code pursuant to order of the President or the Governor of the State of Illinois.

Section 910. The Payday Loan Reform Act is amended by changing Section 2-50 as follows:

(815 ILCS 122/2-50)

Sec. 2-50. Practices concerning members of the military.

(a) A lender may not garnish the wages or salaries of a consumer who is a member of the military or is the spouse of a member of the military.

(b) In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, a lender shall suspend and defer collection activity against a consumer who is a member of the military and who has been deployed to a combat or combat support posting, or to the spouse of a consumer who is a member of the military and who has been deployed to a combat or combat support posting, for the duration of the deployment.

(c) A lender may not knowingly contact the military chain of command of a consumer who is a member of the military in an effort to collect on a payday loan.

(d) Lenders must honor the terms of any repayment plan that they have entered into with any consumer, including a repayment agreement negotiated through military counselors or third-party credit counselors.

(e) A lender may not use any military design or insignia on any advertising material or other material distributed to a member of the military or the spouse of a member of the military that suggests military approval or endorsement of any product of that lender.

(Source: P.A. 94-13, eff. 12-6-05.)

(815 ILCS 177/Act rep.)

Section 915. The Tax Refund Anticipation Loan Disclosure Act is repealed.

Section 920. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Tax Refund Anticipation Loan Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07.)

Section 999. Effective date. This Act takes effect upon becoming law.".