SB2234sam002 103RD GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 3/8/2024

10300SB2234sam002 LRB103 28770 RTM 70664 a

AMENDMENT TO SENATE BILL 2234

AMENDMENT NO. ______. Amend Senate Bill 2234 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Consumer Protections for Small Business Act.

Section 2. Purpose and construction. The purpose of this Act is to protect business owners. This Act shall be liberally construed to effectuate its purpose.

Section 5. Definitions. As used in this Act:

"Applicant" means a person who has submitted an application for a license under this Act.

"Closed-end financing" means a closed-end extension of credit, secured or unsecured, recourse or nonrecourse, including equipment financing that does not meet the definition of a lease under Section 2A-103 of the Uniform Commercial Code, that the recipient does not intend to use for personal, family, or household purposes. "Closed-end financing" includes financing with an established principal amount and duration.

"Commercial financing database" means a reporting database certified by the Department as effective in receiving a report of commercial financing made under this Act.

"Commercial financing database provider" means an entity that provides a reporting database certified by the Department under this Act.

"Commercial financing" means open-end financing, closed-end financing, sales-based financing, factoring transaction, or other form of financing, the proceeds of which the recipient does not intend to use primarily for personal, family, or household purposes. For purposes of determining whether a financing is a commercial financing, the provider may rely on any statement of intended purposes by the recipient. The statement may be a separate statement signed by the recipient; may be contained in the financing application, financing agreement, or other document signed or consented to by the recipient; or may be provided orally by the recipient so long as it is documented in the recipient's application file by the provider. Electronic signatures and consents are valid for purposes of the foregoing sentence. The provider shall not be required to ascertain that the proceeds of a commercial financing are used in accordance with the recipient's statement of intended purposes.

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

"Division of Financial Institutions" or "Division" means the Division of Financial Institutions of the Department of Financial and Professional Regulation.

"Factoring transaction" means an accounts receivable purchase transaction that includes an agreement to purchase, transfer, or sell a legally enforceable claim for payment held by a recipient for goods the recipient has supplied or services the recipient has rendered that have been ordered but for which payment has not yet been made.

"Finance charge" means the cost of financing as a dollar amount. "Finance charge" includes any charge payable directly or indirectly by the recipient and imposed directly or indirectly by the provider as an incident to or a condition of the extension of financing. "Finance charge" includes any charges as determined by the Secretary. For the purposes of an open-end financing, "finance charge" means the maximum amount of credit available to the recipient, in each case, that is drawn and held for the duration of the term or draw period. For the purposes of a factoring transaction, "finance charge" includes the discount taken on the face value of the accounts receivable. In addition, the finance charge shall include any charges determined by the Secretary.

"Open-end financing" means an agreement for one or more extensions of open-end credit, secured or unsecured, that the recipient does not intend to use the proceeds of primarily for personal, family, or household purposes. "Open-end financing" includes credit extended by a provider under a plan in which: (i) the provider reasonably contemplates repeated transactions; (ii) the provider may impose a finance charge from time to time on an outstanding unpaid balance; and (iii) the amount of credit that may be extended to the recipient during the term of the plan is generally made available to the extent that any outstanding balance is repaid.

"Person" means an individual, entity, corporation, partnership, limited liability company, joint venture, association, joint stock company, trust, or unincorporated organization, including, but not limited to, a sole proprietorship.

"Provider" means a person who extends a specific offer of commercial financing to a recipient. "Provider", unless otherwise exempt, includes a person who solicits and presents specific offers of commercial financing on behalf of a third party. The mere extension of a specific offer or provision of disclosures for a commercial financing, is not sufficient to conclude that a provider is originating, making, funding, or providing commercial financing. "Provider" does not include:

(1) a bank, trust company, or industrial loan company, or any subsidiary or affiliate thereof, doing business under the authority of, or in accordance with, a license, certificate or charter issued by the United States, this State, or any other state, district, territory, or commonwealth of the United States that is authorized to transact business in this State;

(2) a federally chartered savings and loan association, federal savings bank, or federal credit union, or any subsidiary or affiliate thereof, that is authorized to transact business in this State;

(3) a savings and loan association, savings bank, or credit union, or any subsidiary or affiliate thereof, organized under the laws of this State or any other state that is authorized to transact business in this State;

(4) a lender regulated under the federal Farm Credit Act; and

(5) a person acting as a technology services provider to an entity described by sub-paragraphs (1), (2), or (3) for use as part of that entity's commercial financing program, provided the person has no interest, or arrangement, or agreement to purchase any interest in the commercial financing extended by the entity in connection with the program.

"Recipient" means a person who applies for commercial financing and is made a specific offer of commercial financing by a provider. "Recipient" includes an authorized representative of a person who applies for commercial financing and is made a specific offer of commercial financing by a provider. "Recipient" does not include a person acting as a broker is not a recipient in a transaction they broker.

"Sales-based financing" means a transaction that is repaid by the recipient to the provider, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient or a transaction that includes a true-up mechanism where the financing is repaid as a fixed payment but provides for a reconciliation process that adjusts the payment to an amount that is a percentage of sales or revenue.

"Secretary" means the Secretary of Financial and Professional Regulation or a person authorized by the Secretary to perform the Secretary's responsibilities under this Act.

"Specific offer" means the specific terms of commercial financing, including price or amount, that is quoted to a recipient based on information obtained from or about the recipient that, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in the specific terms.

Section 10. Applicability.

(a) Except as otherwise provided in this Section, this Act applies to any person that offers or provides commercial financing in Illinois or is otherwise a provider.

(b) The provisions of this Act apply to any person that seeks to evade its applicability by any device, subterfuge, or pretense whatsoever.

(c) The provisions of this Act apply to any person that aids or facilitates a violation of this Act.

(d) The provisions of this Act do not apply to:

(1) a bank, trust company, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate or charter issued by the United States, this State, or any other state, district, territory, or commonwealth of the United States that is authorized to transact business in this State;

(2) a federally chartered savings and loan association, federal savings bank, or federal credit union that is authorized to transact business in this State;

(3) a savings and loan association, savings bank, or credit union organized under the laws of this State or any other state that is authorized to transact business in this State;

(4) a lender regulated under the federal Farm Credit Act; and

(5) a person acting in the person's capacity as a technology services provider to an entity described by sub-paragraphs (1), (2), or (3) for use as part of that entity's commercial financing program, provided the person has no interest, or arrangement, or agreement to purchase any interest in the commercial financing extended by the entity in connection with the program.

Section 15. Division of Financial Institutions. This Act shall be administered by the Division on behalf of the Secretary.

Section 20. Licensure requirement. No person shall engage in the conduct regulated by this Act without licensure under this Act. Any Person who provides commercial financing without the license required by this Act is guilty of a Class 4 felony. The Secretary shall be empowered to investigate any person they believe may require licensure under this Act including, but not limited to, compelling production of testimony, books, records, or any other information necessary for the Secretary to determine whether the Person requires licensure.

Section 25. Licensee name. No person providing commercial financing may operate the business under a name other than the real names of the entity and individuals conducting the business. The business may operate under an assumed corporate name under the Business Corporation Act of 1983, an assumed limited liability company name under the Limited Liability Company Act, or an assumed business name under the Assumed Business Name Act with written authorization from the Secretary. Each licensee shall update its name with the Department within 10 days after the change of name.

Section 30. Application process; investigation; fees.

(a) The Secretary may issue a license to a person after the person completes all of the following:

(1) the filing of an application for license with the Secretary or a multistate licensing system as approved by the Secretary;

(2) the filing with the Secretary or a multistate licensing system as approved by the Secretary of a listing of judgments entered against, and bankruptcy petitions by, the applicant for the preceding 10 years;

(3) the payment, in certified funds, of investigation and application fees, the total of which shall be in an amount equal to $2,500; and

(4) the filing of an audited balance sheet, including all footnotes prepared by a certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards; notwithstanding the requirements of this paragraph, an applicant that is a subsidiary may submit audited consolidated financial statements of its parent, intermediary parent, or ultimate parent as long as the consolidated statements are supported by consolidating statements that include the applicant's financial statement; if the consolidating statements are unaudited, the applicant's chief financial officer shall attest to the applicant's financial statements disclosed in the consolidating statements.

(b) The Secretary may, for good cause shown, waive or modify the requirements of subsection (a).

(c) Upon receipt of the license, a licensee is authorized to engage in conduct regulated by this Act. The license shall remain in full force and effect until it expires, is surrendered by the licensee, or is revoked or suspended as provided in this Act.

(d) The Secretary may impose conditions on a license if the Secretary determines that those conditions are necessary or appropriate. These conditions shall be imposed in writing and shall continue in effect for the period prescribed by the Secretary.

Section 35. Application form.

(a) Application for a license shall be made in accordance with this Act, and in accordance with requirements of the multistate licensing system, if required by the Secretary. The application shall be in writing, under oath, and on a form obtained from and prescribed by the Secretary. The Secretary may change or update the form to carry out the purposes of this Act. The Secretary may require part or all of the application to be submitted electronically, with attestation, to the multistate licensing system.

(b) The application shall contain the name and complete business and residential address or addresses of the applicant. The application shall also include a description of the activities of the applicant in detail and for the periods as the Secretary may require, including all of the following:

(1) an affirmation that the applicant and its members, directors, or principals, as may be appropriate, are at least 18 years of age;

(2) information as to the name, complete business address, complete residential address, character, fitness, financial and business responsibility, background, experience, and criminal record of any:

(i) person, including an ultimate equitable owner, that directly or indirectly owns or controls 10% or more of any class of stock of the applicant;

(ii) person, including an ultimate equitable owner that is not a depository institution, as defined in the Savings Bank Act, that lends, provides, or infuses, directly or indirectly, in any way, funds to or into an applicant in an amount equal to or more than 10% of the applicant's net worth;

(iii) person, including an ultimate equitable owner that controls, directly or indirectly, the election of 25% or more of the members of the board of directors of an applicant;

(iv) person, including an ultimate equitable owner that the Secretary finds influences the management of the applicant;

(v) director or directors of an applicant; and

(vi) principal officers of an applicant; and

(3) other information as required by the Secretary to assess whether the applicant and its owners, officers, and directors have the financial responsibility, financial condition, business experience, character, and general fitness to justify the confidence of the public and that the applicant and its owners, officers, and directors are fit, willing, and able to carry on the proposed business in a lawful and fair manner.

Section 40. Additional license application information.

(a) In order to fulfill the purposes of this Act, the Secretary may establish relationships or contracts with a multistate licensing system or other persons to collect and maintain records and process fees related to licensees or other persons subject to this Act.

(b) In connection with an application for licensing, the applicant, owners, officers, and directors of an applicant may be required, at a minimum, to furnish to the Secretary or multistate licensing system information concerning the applicant's, owners', officers' and directors' identity, including personal history and experience in a form prescribed by the Secretary or multistate licensing system, including, but not limited to:

(1) a complete and accurate copy of an independent credit report obtained from a consumer reporting agency described in Section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)); and

(2) information related to any administrative, civil, or criminal findings by any governmental jurisdiction.

(c) For the purposes of this Section, and to reduce the points of contact that the Secretary may have to maintain, the Secretary may use a multistate licensing system as a channeling agent for requesting and distributing information to and from any source.

(d) Each application shall be accompanied by averments as determined by the Secretary to fulfill the purposes of this Act.

(e) Each applicant shall furnish to the Secretary or multistate licensing system an updated business address within 10 days after any change of business address.

Section 45. Refusal to issue or renew license. The Secretary may refuse to issue or renew a license if:

(1) the Secretary determines that the applicant has not complied with a provision of this Act, its implementing rules, or other laws that apply to the applicant;

(2) the Secretary determines that there is substantial continuity between the applicant and any violator of this Act, its implementing rules, or other laws that apply to the applicant or related violator; or

(3) the Secretary determines that the applicant or its owners, officers, or directors do not have the financial responsibility, financial condition, business experience, character, and general fitness of to justify the confidence of the public and that the license applicant and its owners, officers, and directors are fit, willing, and able to carry on the proposed business in a lawful and fair manner.

Section 50. License issuance and renewal.

(a) Licensees shall apply to renew their license every calendar year. Licensees may submit properly completed renewal application forms and filing fees 60 days before the license expiration date and the same shall be received by the Secretary at least 30 days before the license expiration date.

(b) Each licensee shall timely renew its license. Absent a written extension from the Department, a license shall expire on December 31 if a licensee fails to timely submit a properly completed renewal application form and fees.

(c) No activity regulated by this Act shall be conducted by a licensee whose license has expired. The Secretary may, within the Secretary's discretion, reinstate an expired license upon payment of the renewal fee, payment of a reactivation fee equal to 5 times the renewal fee, submission of a completed renewal application, and an affidavit of good cause for late renewal.

Section 55. Fees.

(a) The persons regulated by this Act shall bear the expenses of administering this Act, including investigations and examinations provided for in this Act. The Secretary may establish fees by rule or modify fees in at least the following categories:

(1) application and renewal fees;

(2) examination and investigation fees;

(3) change fees;

(4) contingent fees; and

(5) other fees as may be required to administer this Act.

(b) The Secretary may modify any fees established by this Act by rule one year after the effective date of this Act.

Section 60. Functions; powers; duties. The functions, powers, and duties of the Secretary include, but are not limited to, the following:

(1) to issue or refuse to issue any license or renewal;

(2) to revoke or suspend for cause any license issued under this Act;

(3) to keep records of all licenses issued under this Act;

(4) to receive, consider, investigate, and act upon complaints made by any person in connection with any licensee in this State or unlicensed commercial financing activity of any person;

(5) to prescribe the forms of and receive:

(A) applications for licenses and renewals; and

(B) all reports and all books and records required to be made by any licensee under this Act, including annual audited financial statements if required by the Secretary and annual reports of commercial financing activity;

(6) to adopt rules necessary and proper for the administration of this Act, to protect consumers, and promote fair competition or otherwise authorized by this Act;

(7) to subpoena documents and witnesses and compel their attendance and production, to administer oaths, and to require the production of any books, papers, or other materials relevant to any inquiry authorized by this Act or its implementing rules;

(8) to issue orders against any person if the Secretary has reasonable cause to believe that an unsafe, unsound, or unlawful practice has occurred, is occurring, or is about to occur; if any person is violating, or is about to violate any law, rule, or written agreement with the Secretary; or for the purpose of administering the provisions of this Act and any rule adopted in accordance with this Act;

(9) to address any inquiries to any licensee, or the owners, officers, or directors thereof, in relation to its activities and conditions, or any other matter connected with its affairs, and any licensee or person so addressed shall promptly reply in writing to those inquiries. The Secretary may also require reports from any licensee at any time the Secretary deems desirable;

(10) to examine the books and records of every licensee under this Act or any person requiring a license or who the Secretary reasonably believes may require a license;

(11) to enforce provisions of this Act and its implementing rules;

(12) to levy fees including, but not limited to, assessments, examination fees, and licensing fees, civil penalties, and charges for services performed in administering this Act. The aggregate of all fees collected by the Secretary under this Act shall be paid promptly after receipt into the Financial Institution Fund. The amounts deposited into the Financial Institution Fund shall be used for the ordinary and contingent expenses of the Department. Nothing in this Act prevents paying expenses including salaries, retirement, social security, and State-paid insurance of State employees, or any other expenses incurred under this Act by appropriation from the General Revenue Fund or any other fund;

(13) to issue refunds to licensees of any overpayment for good cause shown;

(14) to appoint examiners, supervisors, experts, and special assistants as needed to effectively and efficiently administer this Act;

(15) to conduct hearings for the purpose of suspensions, denials, or revocations of licenses, fining, or other discipline of licensees or unlicensed persons or entities;

(16) to exercise visitorial power over a licensee;

(17) to enter into cooperative agreements with state regulatory authorities of other states to provide for examination of corporate offices or branches of those states, participate in joint examinations with other regulators, and to accept reports of the examinations;

(18) to assign an examiner or examiners to monitor the affairs of a licensee with whatever frequency the Secretary determines appropriate and to charge the licensee for reasonable and necessary expenses of the Secretary if in the opinion of the Secretary an emergency exists or appears likely to occur;

(19) to impose civil penalties of up to $200 per day against a licensee for failing to respond to a regulatory request or reporting requirement; and

(20) to enter into agreements in connection with a multistate licensing system.

Section 65. Examination; prohibited activities.

(a) The Secretary shall examine the business affairs of a licensee under this Act as often as the Secretary deems necessary and proper. The Secretary may adopt rules with respect to the frequency and manner of examination. The Secretary shall appoint a suitable person to perform the examination. The Secretary and the Secretary's appointees may examine the entire books, records, documents, and operations of each licensee and its subsidiary, affiliate, or agent, and may examine any of the licensee's or its subsidiaries', owners, affiliates', or agents' officers, directors, employees, and agents under oath.

(b) Affiliates of a licensee shall be subject to examination by the Secretary on the same terms as the licensee, but only when reports from or examination of a licensee provides for documented evidence of unlawful activity between a licensee and affiliate benefiting, affecting, or deriving from the activities regulated by this Act.

(c) The expenses of any examination of the licensee or its affiliates shall be borne by the licensee and assessed by the Secretary as may be established by rule.

(d) All confidential supervisory information, including the examination report and the work papers of the report, shall belong to the Secretary's office and may not be disclosed to anyone other than the licensee, law enforcement officials, or other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary or to a party presenting a lawful subpoena to the Department. The Secretary may, through the Attorney General, immediately appeal to the court of jurisdiction the disclosure of the confidential supervisory information and seek a stay of the subpoena pending the outcome of the appeal. Reports required of licensees by the Secretary under this Act and results of examinations performed by the Secretary under this Act shall be the property of only the Secretary, but may be shared with the licensee. Any person demanded to produce the Department's confidential supervisory information, whether by subpoena, order, or other judicial or administrative process, shall withhold production of the confidential supervisory information and shall notify the Secretary of the demand. The Secretary is authorized to intervene for the purpose of enforcing the limitations of this Section or seeking the withdrawal or termination of the attempt to compel production of the confidential supervisory information. The Secretary may impose any conditions and limitations on the disclosure of confidential supervisory information that are necessary to protect the confidentiality of that information. The Secretary may condition a decision to disclose confidential supervisory information on entry of a protective order by the court or administrative tribunal presiding in the particular case or on a written agreement of confidentiality. If a protective order or agreement has already been entered between parties other than the Secretary, then the Secretary may nevertheless condition approval for release of confidential supervisory information upon the inclusion of additional or amended provisions in the protective order. The Secretary may authorize a party who obtained the records for use in one case to provide them to another party in another case, subject to any conditions that the Secretary may impose on either or both parties. The requester shall promptly notify other parties to a case of the release of confidential supervisory information obtained and, upon entry of a protective order, shall provide copies of confidential supervisory information to the other parties.

Section 70. Subpoena power of the Secretary.

(a) The Secretary may issue and serve subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all books, accounts, records, and other documents and materials relevant to an examination or investigation. The Secretary, or the Secretary's duly authorized representative, may administer oaths and affirmations to any person.

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

(c) If it appears to the Secretary that the compliance with a subpoena or subpoena duces tecum issued or caused to be issued by the Secretary under this Section is essential to an investigation or examination, the Secretary, in addition to the other remedies provided for in this Act, may, through the Attorney General, apply for relief to the circuit court of the county in which the subpoenaed person resides or has its principal place of business. The court shall thereupon direct the issuance of an order against the subpoenaed person requiring sufficient bond conditioned on compliance with the subpoena or subpoena duces tecum. The court shall cause to be endorsed on the order a suitable amount of bond or payment pursuant to which the person named be freed, having a due regard to the nature of the case.

(d) In addition, the Secretary may, through the Attorney General, seek a writ of attachment or an equivalent order from the circuit court having jurisdiction over the person who has refused to obey a subpoena, who has refused to give testimony, or who has refused to produce the matters described in the subpoena duces tecum.

Section 75. Reports required.

(a) Every licensee shall produce to the Department reports the Secretary requests within 90 days after the Secretary's request unless exigent circumstances require production in a shorter timeframe.

(b) Every provider shall produce to the Department a report of its commercial financing activity upon the request of the Secretary. Every provider shall produce its report to the Department within 90 days after the Secretary's request. The Department may require reports under this subsection before a provider shall become licensed under this Act.

Section 76. Sales-based financing disclosure requirements. A provider subject to this Act shall provide the following disclosures to a recipient, in a manner prescribed by the Secretary, if any, at the time of extending a specific offer of sales-based financing:

(1) The total amount of the commercial financing, and, if different from the financing amount, the disbursement amount after any amount deducted or withheld at disbursement.

(2) The finance charge.

(3) The estimated annual percentage rate, using the words annual percentage rate or the abbreviation "Estimated APR", expressed as a yearly rate, inclusive of any fees and finance charges, based on the estimated term of repayment and the projected periodic payment amounts. The estimated term of repayment and the projected periodic payment amounts shall be calculated based on the projection of the recipient's sales, which may be referred to as the projected sales volume. The projected sales volume may be calculated using the historical method or the underwriting method. The provider shall provide notice to the Secretary on which method the provider intends to use across all instances of sales-based financing offered in calculating the estimated annual percentage rate under this Section, according to the following:

(A) A provider using the historical method shall use an average historical volume of sales or revenue by which the financing's payment amounts are based and the estimated annual percentage rate is calculated. The provider shall fix the historical time period used to calculate the average historical volume and use the period for all disclosure purposes for all sales-based financing products offered. The fixed historical time period shall either be the preceding time period from the specific offer or, alternatively, the provider may use average sales for the same number of months with the highest sales volume within the previous 12 months. The fixed historical time period shall be no less than one month and shall not exceed 12 months.

(B) A provider using the underwriting method shall determine the estimated annual percentage rate, the estimated term, and the projected payments, using a projected sales volume that the provider elects for each disclosure, if they participate in a review process prescribed by the Secretary. A provider shall, on an annual basis, report data to the Secretary of estimated annual percentage rates disclosed to the recipient and actual retrospective annual percentage rates of completed transactions. The report shall contain the information as the Department may adopt by rule as necessary or appropriate for the purpose of making a determination of whether the deviation between the estimated annual percentage rate and actual retrospective annual percentage rates of completed transactions was reasonable. The Secretary shall establish the method of reporting and may, upon a finding that the use of projected sales volume by the provider has resulted in an unacceptable deviation between estimated and actual annual percentage rate, require the provider to use the historical method. The Secretary may consider unusual and extraordinary circumstances impacting the provider's deviation between estimated and actual annual percentage rate in the determination of the finding.

(4) The total repayment amount, which is the disbursement amount plus the finance charge.

(5) The estimated term, which is the period of time required for the periodic payments, based on the projected sales volume, to equal the total amount required to be repaid.

(6) The payment amounts, based on the projected sales volume:

(A) for payment amounts that are fixed, the payment amounts and frequency, such as, daily, weekly, monthly, and, if the payment frequency is other than monthly, the amount of the average projected payments per month; or

(B) for payment amounts that are variable, a payment schedule or a description of the method used to calculate the amounts and frequency of payments and the amount of the average projected payments per month.

(7) A description of all other potential fees and charges not included in the finance charge, including, but not limited to, draw fees, late payment fees, and returned payment fees.

(8) If the recipient elects to pay off or refinance the commercial financing before full repayment, the provider shall disclose:

(A) whether the recipient would be required to pay any finance charges other than interest accrued since their last payment; if so, disclosure of the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and

(B) whether the recipient would be required to pay any additional fees not already included in the finance charge.

(9) A description of collateral requirements or security interests, if any.

Section 77. Closed-end commercial financing disclosure requirements. A provider subject to this Act shall provide the following disclosures to a recipient, in a manner prescribed by the Secretary, if any, at the time of extending a specific offer for closed-end financing:

(1) The total amount of the commercial financing, and, if different from the financing amount, the disbursement amount after any amount deducted or withheld at disbursement.

(2) The finance charge.

(3) The annual percentage rate, using only the words annual percentage rate or the abbreviation "APR", expressed as a yearly rate, inclusive of any fees and finance charges that cannot be avoided by a recipient.

(4) The total repayment amount, which is the disbursement amount plus the finance charge.

(5) The term of the financing.

(6) The payment amounts:

(A) for payment amounts that are fixed, the payment amounts and frequency, such as daily, weekly, monthly, and, if the term is longer than one month, the average monthly payment amount; or

(B) for payment amounts that are variable, a full payment schedule or a description of the method used to calculate the amounts and frequency of payments, and, if the term is longer than one month, the estimated average monthly payment amount.

(7) A description of all other potential fees and charges that can be avoided by the recipient, including, but not limited to, late payment fees and returned payment fees.

(8) If the recipient elects to pay off or refinance the commercial financing before full repayment, the provider shall disclose:

(A) whether the recipient would be required to pay any finance charges other than interest accrued since their last payment; if so, disclosure of the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and

(B) whether the recipient would be required to pay any additional fees not already included in the finance charge.

(9) A description of collateral requirements or security interests, if any.

Section 78. Open-end commercial financing disclosure requirements. A provider subject to this Act shall provide the following disclosures to a recipient, in a manner prescribed by the Secretary, if any, at the time of extending a specific offer for open-end financing:

(1) The maximum amount of credit available to the recipient, such as the credit line amount, and the amount scheduled to be drawn by the recipient at the time the offer is extended, if any, less any amount deducted or withheld at disbursement.

(2) The finance charge.

(3) The annual percentage rate, using only the words annual percentage rate or the abbreviation "APR", expressed as a nominal yearly rate, inclusive of any fees and finance charges that cannot be avoided by a recipient, and based on the maximum amount of credit available to the recipient and the term resulting from making the minimum required payments term as disclosed.

(4) The total repayment amount, which is the draw amount, less any fees deducted or withheld at disbursement, plus the finance charge. The total repayment amount shall assume a draw amount equal to the maximum amount of credit available to the recipient if drawn and held for the duration of the term or draw period.

(5) The term of the plan, if applicable, or the period over which a draw is amortized.

(6) The payment frequency and amounts, based on the assumptions used in the calculation of the annual percentage rate, including a description of payment amount requirements such as a minimum payment amount, and if the payment frequency is other than monthly, the amount of the average projected payments per month. For payment amounts that are variable, the provider should include a payment schedule or a description of the method used to calculate the amounts and frequency of payments and the estimated average monthly payment amount.

(7) A description of all other potential fees and charges that can be avoided by the recipient, including, but not limited to, draw fees, late payment fees, and returned payment fees.

(8) Were the recipient to elect to pay off or refinance the commercial financing before full repayment, the provider shall disclose:

(A) whether the recipient would be required to pay any finance charges other than interest accrued since their last payment; if so, disclosure of the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and

(B) whether the recipient would be required to pay any additional fees not already included in the finance charge.

(9) A description of collateral requirements or security interests, if any.

Section 79. Factoring transaction disclosure requirements. A provider subject to this Act shall provide the following disclosures to a recipient, in a manner prescribed by the Secretary, if any, at the time of extending a specific offer for a factoring transaction:

(1) The amount of the receivables purchase price paid to the recipient, and, if different from the purchase price, the disbursement amount after any amount deducted or withheld at disbursement.

(2) The finance charge.

(3) The estimated annual percentage rate, using that term. To calculate the estimated annual percentage rate, the purchase amount is considered the financing amount, the purchase amount minus the finance charge is considered the payment amount, and the term is established by the payment due date of the receivables. As an alternate method of establishing the term, the provider may estimate the term for a factoring transaction as the average payment period based on its historical data over a period not to exceed the previous 12 months, concerning payment invoices paid by the party or parties owing the accounts receivable in question.

(4) The total payment amount, which is the purchase amount plus the finance charge.

(5) A description of all other potential fees and charges that can be avoided by the recipient.

(6) A description of the receivables purchased and any additional collateral requirements or security interests.

Section 80. Other forms of financing disclosure requirements. The Secretary may require disclosure by a provider extending a specific offer of commercial financing which is not an open-end financing, closed-end financing, sales-based financing, or factoring transaction but otherwise meets the definition of commercial financing. Subject to rules adopted by the Secretary, a provider subject to this Act shall provide the following disclosures to a recipient, in a manner prescribed by the Secretary, if any, at the time of extending a specific offer of other forms of financing:

(1) The total amount of the commercial financing, and, if different from the financing amount, the disbursement amount after any fees deducted or withheld at disbursement.

(2) The finance charge.

(3) The annual percentage rate, using only the words annual percentage rate or the abbreviation "APR", expressed as a yearly rate, inclusive of any fees and finance charges.

(4) The total repayment amount which is the disbursement amount plus the finance charge.

(5) The term of the financing.

(6) The payment amounts:

(A) for payment amounts that are fixed, the payment amounts and frequency, such as daily, weekly, monthly, and the average monthly payment amount; or

(B) for payment amounts that are variable, a payment schedule or a description of the method used to calculate the amounts and frequency of payments, and the estimated average monthly payment amount.

(7) A description of all other potential fees and charges that can be avoided by the recipient, including, but not limited to, late payment fees and returned payment fees.

(8) If the recipient elects to pay off or refinance the commercial financing before full repayment, the provider shall disclose:

(A) whether the recipient would be required to pay any finance charges other than interest accrued since their last payment; if so, disclosure of the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and

(B) whether the recipient would be required to pay any additional fees not already included in the finance charge.

(9) A description of collateral requirements or security interests, if any.

Section 81. Disclosure requirements for renewal financing. If, as a condition of obtaining the commercial financing, the provider requires the recipient to pay off the balance of an existing commercial financing from the same provider, the provider shall disclose:

(1) The amount of the new commercial financing that is used to pay off the portion of the existing commercial financing that consists of prepayment charges required to be paid and any unpaid interest expense that was not forgiven at the time of renewal. For financing for which the total repayment amount is calculated as a fixed amount, the prepayment charge is equal to the original finance charge multiplied by the amount of the renewal used to pay off existing financing as a percentage of the total repayment amount, minus any portion of the total repayment amount forgiven by the provider at the time of prepayment. If the amount is more than zero, the amount shall be the answer to the following question: "Does the renewal financing include any amount that is used to pay unpaid finance charges or fees, also known as double dipping? Yes, {enter amount}. If the amount is zero, the answer would be no."

(2) If the disbursement amount will be reduced to pay down any unpaid portion of the outstanding balance, the actual dollar amount by which the disbursement amount will be reduced.

Section 82. Additional information. Nothing in this Act shall prevent a provider from providing or disclosing additional information on a commercial financing being offered to a recipient, provided however, that the additional information shall not be disclosed as part of the disclosure required by this Act. If other metrics of financing cost are disclosed or used in the application process of a commercial financing, these metrics shall not be presented as a "rate" if they are not the annual interest rate or the annual percentage rate. The term "interest", when used to describe a percentage rate, shall only be used to describe annualized percentage rates, such as the annual interest rate. When a provider states a rate of finance charge or a financing amount to a recipient during an application process for commercial financing, the provider shall also state the rate as an "annual percentage rate", using that term or the abbreviation "APR".

Section 83. Violation of disclosure requirements. If the Secretary finds that a provider who is required to obtain a license according to this Act has violated any disclosure requirements outlined in Sections 76 through 82, that shall be considered a violation of this Act separate from any other violation that may result from operating without a license as outlined in Section 20.

Section 84. Suspension; revocation of licenses; civil penalties and other discipline.

(a) The Secretary may enter an order imposing one or more of the following penalties:

(1) revocation of license;

(2) suspension of a license subject to reinstatement upon satisfying all reasonable conditions the Secretary may specify;

(3) placement of the licensee or applicant on probation for a period of time and subject to all reasonable conditions as the Secretary may specify;

(4) issuance of a reprimand;

(5) imposition of civil monetary penalties as follows:

(A) a civil penalty not to exceed $10,000 for each separate offense, but civil penalties may not to exceed $50,000 for all violations arising from the use of the same transaction documents or materials, including for financing offers that are not consummated; and

(B) if a person violates this Act after receiving written notice of a prior violation, a civil penalty may be imposed not to exceed $10,000 for each count of separate offense, but the civil penalties are not to exceed $100,000 for all violations arising from the use of the same transaction documents or materials, including for financing offers that are not consummated;

(6) restitution, refunds, or any other relief necessary to protect consumers; and

(7) denial of a license.

(b) Grounds for penalties include:

(1) if a person has violated or aided another to violate, any provisions of this Act, any rule adopted by the Secretary, or any other law, rule, or regulation of this State, any other state, or the United States;

(2) if a fact or condition exists that, if it had existed at the time of the original application for the license, would have warranted the Secretary in refusing issue the original license;

(3) that a licensee that is not an individual has acted or failed to act in a way that would be cause for suspending or revoking a license to an individual;

(4) that a person engaged in unsafe, unsound, unfair, deceptive, or abusive business practices related to the activity covered by this Act;

(5) that a person has been adjudicated guilty of a crime against the law of this State, any other state, or of the United States involving moral turpitude, abusive, deceptive, fraudulent, or dishonest dealing;

(6) that a final judgment has been entered against a person in a civil action upon grounds of abusive conduct, conversion, fraud, misrepresentation, or deceit;

(7) that a person made a material misstatement in its application for licensure or any other communication to the Secretary;

(8) that a person has demonstrated, by course of conduct, negligence or incompetence in performing any act for which it is required to hold a license under this Act;

(9) that a person has failed to advise the Secretary in writing of any changes to the information submitted on their most recent application for license within 30 days after the change;

(10) that a licensee failed to submit to periodic examination by the Secretary as required by this Act or failed to maintain, preserve, and keep available for examination all books, accounts, or other documents required by the provisions of this Act and rules of the Secretary;

(11) that a person failed to account or deliver to any person any property, such as any money, fund, deposit, check, draft, or other document or thing of value, that has come into its hands and that is not its property or that it is not in law or equity entitled to retain, under the circumstances and at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person for the accounting and delivery;

(12) that a person failed to disburse funds in accordance with agreements or law;

(13) that a person had a license, or the equivalent, to practice any profession, occupation, other industry or activity requiring licensure revoked, suspended, disciplined, or otherwise acted against, including the denial of licensure by a licensing authority of this State or another state, territory, or country for fraud, dishonest dealing, misrepresentations, incompetence, conversion, any act of moral turpitude or any other grounds that would constitute grounds for discipline under this Act;

(14) that a person licensed under this Act failed to timely notify the Department that the person has been disciplined, including denial of licensure, by a licensing authority of this State or another state. Timely notification shall be notification to the Department within 10 days after entry of discipline;

(15) that a person engaged in activities regulated by this Act without a current, active license unless specifically exempted by this Act;

(16) that a person failed to timely pay any fee, charge, or civil penalty assessed under this Act; and

(17) that a person refused, obstructed, evaded, or unreasonably delayed an investigation, information request, or examination authorized under this Act, or refused, obstructed, evaded, or unreasonably delayed compliance with the Secretary's subpoena or subpoena duces tecum.

(c) No license shall be suspended or revoked, except as provided in this Section, nor shall any licensee be assessed a civil penalty without notice of his or her right to a hearing.

(d) The Secretary may suspend any license for a period not exceeding 180 days pending investigation for good cause shown that an emergency exists.

(e) No revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any person. The Secretary's approval of a licensee's application to surrender its license shall not affect the licensee's civil or criminal liability for acts committed prior to surrender. Surrender of a license does not entitle the licensee to a return of any part of the license fee.

(f) Every license issued under this Act shall remain in force and effect until the license expires, is surrendered, is revoked, or is suspended in accordance with the provisions of this Act. The Secretary shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license has been revoked or surrendered if no fact or condition then exists which would have warranted the Secretary in refusing originally to issue that license under this Act.

(g) Whenever the Secretary imposes discipline authorized by this Section, the Secretary shall execute a written order to that effect. The Secretary shall serve a copy of the order upon the person. The Secretary shall serve the person with notice of the order, including a statement of the reasons for the order personally or by certified mail. Service by certified mail shall be deemed completed when the notice is deposited in the U.S. Mail.

(h) An order assessing a civil penalty, an order revoking or suspending a license, or an order denying renewal of a license shall take effect upon service of the order unless the licensee serves the Department with a written request for a hearing in the manner required by the order within 10 days after the date of service of the order. If a person requests a hearing, the order shall be stayed from its date of service until the Department enters a final administrative order. Hearings shall be conducted as follows:

(1) If the licensee requests a hearing, then the Secretary shall schedule a hearing within 90 days after the request for a hearing unless otherwise agreed to by the parties.

(2) The hearing shall be held at the time and place designated by the Secretary. The Secretary and any administrative law judge designated by the Secretary shall have the power to administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of books, papers, correspondence, and other records or information that they consider relevant or material to the inquiry.

(i) The costs of administrative hearings conducted under this Section shall be paid by the licensee or other person subject to the hearing.

(j) A licensee and other persons subject to this Act shall be subject to the disciplinary actions specified in this Act for any violations conducted by any officer, director, shareholder, joint venture, partner, owner, including, but not limited to, ultimate equitable owner.

Section 85. Investigation of complaints. The Secretary may investigate any complaints and inquiries made concerning this Act and any licensees or persons the Secretary believes may require a license under this Act. Each licensee or person the Secretary believes may require a license under this Act shall open the licensee's or person's books, records, documents, and offices wherever situated to the Secretary as needed to facilitate the investigations.

Section 90. Additional investigation and examination authority. In addition to any authority allowed under this Act, the Secretary may conduct investigations and examinations as follows:

(1) For purposes of initial licensing, license renewal, license suspension, license conditioning, license probation, license revocation or termination, or general or specific inquiry or investigation to determine compliance with this Act, the Secretary may access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to, the following:

(A) criminal, civil, licensure, and administrative history information, including nonconviction data as specified in the Criminal Code of 2012; (B) personal history and experience information, including independent credit reports obtained from a consumer reporting agency described in Section 603(p) of the federal Fair Credit Reporting Act; and (C) any other documents, information, or evidence the Secretary deems relevant to the inquiry or investigation, regardless of the location, possession, control, or custody of the documents, information, or evidence.

(2) For the purposes of investigating violations or complaints arising under this Act or for the purposes of examination, the Secretary may review, investigate, or examine any licensee, individual, or person subject to this Act as often as necessary in order to carry out the purposes of this Act. The Secretary may direct, subpoena, or order the attendance of, and examine under oath all persons and order any person to produce records, files, and any other documents the Secretary deems relevant to an inquiry.

(3) Each person subject to this Act shall make available to the Secretary upon request the books and records relating to the operations of the person subject to this Act. The Secretary shall have access to those books and records and may interview the owners, officers, principals, employees, independent contractors, agents, vendors, and customers of any licensee or person subject to this Act.

(4) Each person subject to this Act shall make or compile reports or prepare other information as directed by the Secretary to carry out the purposes of this Section, including, but not limited to:

(A) accounting compilations;

(B) information lists and data concerning transactions in a format prescribed by the Secretary; or

(C) other information deemed necessary to carry out the purposes of this Section.

(5) In making any examination or investigation authorized by this Act, the Secretary may control access to any documents and records of the licensee or person under examination or investigation. The Secretary may take possession of the documents and records or otherwise take constructive control of the documents. During the period of control, no person shall remove or alter any of the documents or records, except pursuant to a court order or with the consent of the Secretary. Unless the Secretary has reasonable grounds to believe the documents or records of the licensee have been or are at risk of being altered or destroyed for purposes of concealing a violation of this Act, the licensee or owner of the documents and records shall have access to the documents or records as necessary to conduct its ordinary business affairs.

(6) In order to carry out the purposes of this Section, the Secretary may:

(A) retain attorneys, accountants, or other professionals and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;

(B) enter into agreements or relationships with other government officials or regulatory associations to protect consumers, improve efficiencies, and reduce regulatory burden by sharing resources, standardized or uniform methods or procedures, and documents, records, information, or evidence obtained under this Section;

(C) use, hire, contract, or employ publicly or privately available analytical systems, methods, or software to examine or investigate the licensee, individual, or person subject to this Act;

(D) accept and rely on examination or investigation reports made by other government officials, within or outside this State; or

(E) accept audit reports made by an independent certified public accountant for the person subject to this Act and may incorporate the audit report in the report of the examination, report of investigation, or other writing of the Secretary.

(7) The authority of this Section shall remain in effect, whether the person subject to this Act acts or claims to act under any licensing or registration law of this State or claims to act without the authority.

(8) No licensee or person subject to investigation or examination under this Section may knowingly withhold, alter, abstract, remove, mutilate, destroy, hide, or conceal any books, records, computer records, or other information or take actions designed to delay or complicate review of records.

Section 95. Confidentiality. To promote more effective regulation, protect consumers, and reduce regulatory burden through inter-regulatory sharing of confidential supervisory information:

(1) The privacy or confidentiality of any information or material provided to a multistate licensing system, including all privileges arising under federal or state court rules and law, shall continue to apply to the information or material after the information or material has been disclosed to the multistate licensing system. Information and material may be shared with a multistate licensing system, federal and state regulatory officials with relevant oversight authority, and law enforcement without the loss of privilege or the loss of confidentiality protections.

(2) The Secretary is authorized to enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, and other associations representing governmental agencies.

(3) Information or material that is privileged or confidential under this Act as determined by the Secretary is not subject to the following:

(A) disclosure under any State law governing the disclosure to the public of information held by an officer or an agency of the State; or

(B) subpoena, discovery, or admission into evidence, in any private civil action or administrative process except as authorized by the Secretary.

(4) Any other law relating to the disclosure of confidential supervisory information that is inconsistent with this Act shall be superseded by the requirements of this Section to the extent the other law provides less confidentiality or a weaker privilege for information that is privileged or confidential under this Act.

(5) Confidential or privileged information received from a multistate licensing system, another licensing body, federal and state regulatory officials, or law enforcement shall be protected to the same extent as the Secretary's confidential and privileged information is protected under this Act. The Secretary may also protect from disclosure confidential or privileged information that would be exempt from disclosure to the extent it is held directly by the multistate licensing system, another licensing body, federal and state regulatory officials, or law enforcement.

Section 100. Appeal and review.

(a) The Secretary may, in accordance with the Illinois Administrative Procedure Act, adopt rules to provide for review within the Department of their decisions affecting the rights of persons under this Act. The review shall provide for, at a minimum:

(1) appointment of a hearing officer;

(2) appropriate procedural rules, specific deadlines for filings, and standards of evidence and of proof; and

(3) provisions for apportioning costs among parties to the appeal.

(b) All final agency determinations of appeals to decisions of the Secretary may be reviewed in accordance with and under the provisions of the Administrative Review Law. Appeals from all final orders and judgments entered by a court in review of any final administrative decision of the Secretary or of any final agency review of a decision of the Secretary may be taken as in other civil cases.

Section 105. Licensure fees.

(a) The fee for initial licensure is $2,500. The fee is nonrefundable.

(b) The fee for annual application renewal is $2,500. The fee is nonrefundable.

(c) The Department shall impose a contingent fee sufficient to cover its operating expenses in administering this Act not otherwise covered by all other revenue collected under this Act. Each licensee shall pay to the Division its pro rata share, based on number or volume of transactions or revenue, of the cost for administration of this Act that exceeds other fees listed in this Section, as estimated by the Division, for the current year and any deficit actually incurred in the administration of this Act in prior years.

Section 110. Cease and desist order.

(a) The Secretary may issue a cease and desist order to any licensee or person doing business without the required license, when in the opinion of the Secretary the licensee or other person has violated, is violating, or is about to violate any provision of this Act or any rule adopted by the Department under this Act or any requirement imposed in writing by the Department as a condition of granting any authorization permitted by this Act. The cease and desist order authorized by this Section may be issued prior to a hearing.

(b) The Secretary shall serve notice of the cease and desist order, either personally or by certified mail. Service by certified mail shall be deemed completed when the notice is deposited in the U.S. Mail. The Secretary's notice shall include a statement of the reasons for the action.

(c) Within 10 days after service of the cease and desist order, the person subject to the cease and desist order may request a hearing in writing. The Secretary shall schedule a preliminary hearing within 60 days after the request for a hearing unless the parties agree to a later date.

(d) If it is determined that the Secretary had the authority to issue the cease and desist order, the Secretary may issue the orders as may be reasonably necessary to correct, eliminate, deter, or remedy the conduct described in the order and resulting harms.

(e) The powers vested in the Secretary by this Section are additional to all other powers and remedies vested in the Secretary by any law. Nothing in this Section shall be construed as requiring that the Secretary shall employ the power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Secretary.

Section 115. Injunctions. The Secretary may maintain an action in the name of the people of the State of Illinois and may apply for an injunction in the circuit court to enjoin a person from violating this Act or its implementing rules through the Attorney General.

Section 120. Exemptions. This Act does not apply to, and does not place any additional requirements or obligations upon, any of the following:

(1) any person or entity is not a provider;

(2) a commercial financing transaction secured by real property;

(3) a lease as defined in Section 2-A-103 of the Uniform Commercial Code, not including finance leases as defined in paragraph (g) of subsection (1) of Section 2A-103 of the Uniform Commercial Code; or

(4) any person or Provider who makes no more than 5 commercial financing transactions in this State in a 12-month period;

(5) a single, discrete commercial financing transaction in an amount over $2,500,000; or

(6) a commercial financing transaction in which the recipient is a vehicle dealer subject to Section 5-101 or 5-102 of the Illinois Vehicle Code, an affiliate of a dealer, a rental vehicle company as defined in Section 10 of the Renter's Financial Responsibility and Protection Act, or an affiliate of a company under a commercial financing agreement or commercial open-end credit plan of at least $50,000, including any commercial loan made under a commercial financing transaction.

Section 125. Complaint disclosure. All commercial financing shall include a clear and conspicuous notice on how to file a complaint with the Department.

Section 130. Rules. The Secretary may adopt rules to enact and enforce this Act, including, but not limited to:

(1) rules defining the terms used in this Act and as may be necessary and appropriate to interpret and implement the provisions of this Act;

(2) rules for the enforcement and administration of this Act;

(3) rules for the protection of consumers and recipients in this State;

(4) rules defining improper or fraudulent business practices in connection with commercial financing;

(5) rules charging and collecting fees necessary to cover the costs of administering this Act, including, but not limited to registration, investigation, and examination fees; and

(6) rules to implement Section 155.

Section 135. Violations.

(a) Nothing in this Act shall be construed to restrict the exercise of powers or the performance of the duties that the Attorney General is authorized to exercise or perform by law.

(b) Any violation of this Act constitutes an unlawful practice in violation of the Consumer Fraud and Deceptive Business Practices Act. The Attorney General may enforce a violation of this Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

Section 140. Beginning of licensure. No person shall be required to apply for or obtain a license under this Act before the date established by the Department by rule. The date shall not be before January 1, 2025.

Section 145. Beginning of disclosure requirements. No person shall be required to comply with the disclosure requirements set forth in Section 155 before the date established by the Department by rule. The date shall not be before January 1, 2025.

Section 155. Commercial financing database.

(a) A commercial financing database program is established within the Department. The program shall be administered in accordance with this Section. None of the duties, obligations, contingencies, or consequences of or from the program shall be imposed until 6 months after the Department certifies a commercial financing database under subsection (b). The program shall apply to all commercial financings that are governed by this Act and that are made or taken on or after the inception of the program.

(b) The Department shall certify that a commercial financing database is a commercially reasonable method of reporting. Upon certifying that a commercial financing database is a commercially reasonable method of reporting, the Department shall:

(1) provide reasonable notice to all licensees identifying the commercially reasonable method of reporting that is available; and

(2) immediately upon certification, require each licensee to use a commercially reasonable method of reporting as a means of complying with subsection (d) of this Section.

(c) The database created under this program shall be maintained and administered by the Department. The database shall be designed to allow providers to submit information to the database online. The database shall not be designed to allow providers to retrieve information from the database, except as otherwise provided in this Act.

(d) Within 30 days after providing funds to a recipient, the provider shall submit to the commercial financing database the information delineated in this subsection, if applicable to the financing. If at the time funds are provided to a recipient, certain information delineated in this subsection is not known, the provider shall submit the information to the commercial financing database within 30 days after the information becoming ascertainable:

(1) FEIN for the recipient;

(2) zip code of the recipient;

(3) origination date of the commercial financing;

(4) description of collateral, if any, securing commercial financing;

(5) term, if any, of the commercial financing at the time of origination;

(6) in the case of commercial financing without a specific term at the time of origination, the actual term of the commercial financing when known;

(7) financing amount, if applicable;

(8) maximum amount of credit made available to recipient, if applicable;

(9) the amount of the receivables purchase price paid to the recipient and, if different from the purchase price, the amount disbursed to the recipient after any amount deducted or withheld at disbursement, if applicable;

(10) the amount scheduled to be drawn by the recipient at the time the offer is extended, if applicable;

(11) all fees charged to the recipient at or before the origination date of the commercial financing;

(12) all fees, charges, and interest scheduled to be charged over the term of the commercial financing, if applicable;

(13) all fees, charges, and interest scheduled to be charged during any month in which the recipient has a balance on an open-end commercial financing, if applicable; and

(14) the APR or Estimated APR, if required by the Department; and

(15) all other information requested by the Department.

(e) All personally identifiable information and information identifying the identity of a recipient obtained by way of the commercial financing database is strictly confidential and shall be exempt from disclosure under the Freedom of Information Act and any other law or regulation pertaining to the disclosure of information or documents. The Department may, by rule, identify any additional categories of information the disclosure of which would be contrary to the public interest. Any request for production of information from the commercial financing database, whether by subpoena, notice, or any other source, shall be referred to the Department. Any recipient may authorize in writing the release of database information. The Department may use the information in the database without the consent of the recipient or the licensee:

(1) for the purposes of administering and enforcing the program;

(2) to prepare industry-level reports;

(3) to provide information to the appropriate law enforcement agency or the applicable administrative or regulatory agency with a legitimate interest in the information as determined by the Secretary;

(4) as required to comply with applicable law; or

(5) in any other manner that the Secretary deems is not contrary to the public interest.

(f) A licensee who submits information to a certified database provider in accordance with this Section shall not be liable to any person for any subsequent release or disclosure of that information by the certified database provider, the Department, or any other person acquiring possession of the information, regardless of whether the subsequent release or disclosure was lawful, authorized, or intentional.

(g) In certifying a commercially reasonable method of reporting, the Department shall ensure that the commercial financing database:

(1) provides real-time access through an Internet connection;

(2) is accessible to the Department and to licensees in order to ensure compliance with this Act and in order to provide any other information that the Department deems necessary;

(3) requires licensees to input whatever information is required by the Department;

(4) maintains a real-time copy of the required reporting information that is available to the Department at all times and is the property of the Department; and

(5) contains safeguards to ensure that all information contained in the database regarding consumers is kept strictly confidential.

(h) The certified commercial financing database may charge a fee to a licensee not to exceed $1 for each financing entered into the database. The certified commercial financing database shall not charge any additional fees or charges.

(i) The certified commercial financing database provider shall produce an annual report for the Department using the data submitted by licensees to the database. The Department may publish this report to the public.

Section 160. 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 7.5 as follows:

(5 ILCS 140/7.5)

(Text of Section before amendment by P.A. 103-472)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

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

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

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

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

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

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

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

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) (hhh) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) (iii) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) (Reserved).

(mmm) (iii) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(nnn) Information exempt from disclosure under Section 155 of the Consumer Protections for Small Business Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; revised 1-2-24.)

(Text of Section after amendment by P.A. 103-472)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

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

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

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

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

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

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

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

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) (hhh) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) (iii) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) (iii) Data exempt from disclosure under Section 2-3.196 of the School Code.

(mmm) (iii) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(nnn) Information exempt from disclosure under Section 155 of the Consumer Protections for Small Business Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; revised 1-2-24.)

Section 905. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2EEEE as follows:

(815 ILCS 505/2EEEE new)

Sec. 2EEEE. Violations of the Consumer Protections for Small Business Act. Any person who violates the Consumer Protections for Small Business Act commits an unlawful practice within the meaning of this Act.

Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

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