SB1820 EnrolledLRB099 06493 MGM 26565 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pawnbroker Regulation Act is amended by
5changing Sections 5 and 10 and by adding Section 9.5 as
6follows:
 
7    (205 ILCS 510/5)  (from Ch. 17, par. 4655)
8    Sec. 5. Record requirements.
9    (a) Except in municipalities located in counties having
103,000,000 or more inhabitants, every pawn and loan broker shall
11keep a standard record book that has been approved by the
12sheriff of the county in which the pawnbroker does business. In
13municipalities in counties with 3,000,000 or more inhabitants,
14the record book shall be approved by the police department of
15the municipality in which the pawn or loan broker does
16business. At the time of each and every loan or taking of a
17pledge, an accurate account and description, in the English
18language, of all the goods, articles and other things pawned or
19pledged, the amount of money, value or thing loaned thereon,
20the time of pledging the same, the rate of interest to be paid
21on such loan, and the name and residence of the person making
22such pawn or pledge shall be printed, typed, or written in ink
23in the record book. Such entry shall include the serial number

 

 

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1or identification number of items received which bear such
2number. Except for items purchased from dealers possessing a
3federal employee identification number who have provided a
4receipt to the pawnbroker, every pawnbroker shall also record
5in his book, an accurate account and description, in the
6English language, of all goods, articles and other things
7purchased or received for the purpose of resale or loan
8collateral by the pawnbroker from any source, including other
9pawnshop locations owned by the same pawnbroker, not in the
10course of a pledge or loan, the time of such purchase or
11receipt and the name and address of the person or business
12which sold or delivered such goods, articles, or other things
13to the pawnbroker. No entry in such book shall be erased,
14mutilated or changed.
15    (b) Every pawnbroker shall require identification to be
16shown him by each person pledging or pawning any goods,
17articles or other things to the pawnbroker. If the
18identification shown is a driver's license or a State
19identification card issued by the Secretary of State and
20contains a photograph of the person being identified, only one
21form of identification must be shown. If the identification
22shown is not a driver's license or a State identification card
23issued by the Secretary of State and does not contain a
24photograph, 2 forms of identification must be shown, and one of
25the 2 forms of identification must include his or her residence
26address. These forms of identification shall include, but not

 

 

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1be limited to, any of the following: driver's license, social
2security card, utility bill, employee or student
3identification card, credit card, or a civic, union or
4professional association membership card. In addition, in a
5municipality with a population of 1,000,000 or more
6inhabitants, if the customer does not have an identification
7issued by a governmental entity containing a photograph of the
8person being identified, the pawnbroker shall photograph the
9customer in color and record the customer's name, residence
10address, date of birth, social security number, gender, height,
11and weight on the reverse side of the photograph. If the
12customer has no social security number, the pawnbroker shall
13record this fact.
14    A county or municipality, including a home rule unit, may
15regulate a pawnbroker's identification requirements for
16persons pledging or pawning goods, articles, or other things to
17the pawnbroker in a manner that is not less restrictive than
18the regulation by the State of a pawnbroker's identification
19requirements for persons pledging or pawning goods, articles,
20or other things. A home rule unit may not regulate a
21pawnbroker's identification requirements for persons pledging
22or pawning goods, articles, or other things to the pawnbroker
23in a manner less restrictive than the regulation by the State
24of a pawnbroker's identification requirements for persons
25pledging or pawning goods, articles, or other things. This
26Section is a limitation under subsection (i) of Section 6 of

 

 

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1Article VII of the Illinois Constitution on the concurrent
2exercise by home rule units of the powers and functions
3exercised by the State.
4    (c) A pawnbroker may maintain the records required by
5subsection (a) in computer form if the computer form has been
6approved by the Commissioner, the sheriff of the county in
7which the shop is located, and the police department of the
8municipality in which the shop is located.
9    (d) Records, including reports to the Secretary,
10maintained by pawnbrokers shall be confidential, and no
11disclosure of pawnbroker records shall be made except
12disclosures authorized by this Act or ordered by a court of
13competent jurisdiction. No record transferred to a
14governmental official shall be improperly disclosed, provided
15that use of those records as evidence of a felony or
16misdemeanor shall be a proper purpose.
17    (e) Pawnbrokers and their associations may lawfully give
18appropriate governmental agencies computer equipment for the
19purpose of transferring information pursuant to this Act.
20(Source: P.A. 96-1038, eff. 7-14-10.)
 
21    (205 ILCS 510/9.5 new)
22    Sec. 9.5. Altered property; serial number and
23manufacturer's identification number.
24    (a) No pawnbroker shall receive or purchase any article if
25the manufacturer's make, model, or serial number, personal

 

 

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1identification number, or identifying marks engraved or etched
2upon an item of personal property has been removed, altered, or
3obliterated.
4    (b) The prohibition in subsection (a) of this Section does
5not apply if the article's manufacturer's make, model, or
6serial number, personal identification number, or identifying
7marks have been worn in the ordinary course of use. However, no
8article described in this subsection (b) shall be sold or
9transferred to another pawnshop location of such pawnbroker for
10a period of 15 days after the delivery of the copy and
11statement required by Section 7 of this Act required to be
12delivered to the officer or officers named therein.
 
13    (205 ILCS 510/10)  (from Ch. 17, par. 4660)
14    Sec. 10. Sale of property. No personal property pledged or
15received on deposit or pledge or purchased by any pawnbroker
16shall be sold or permitted to be redeemed or removed from the
17place of business of such pawnbroker for a period the space of
1848 hours after the delivery of the copy and statement required
19by Section 7 of this Act required to be delivered to the
20officer or officers named therein. No personal property
21purchased by any pawnbroker shall be sold or removed from the
22place of business or transferred to another pawnshop location
23of such pawnbroker for a period of 10 days after the delivery
24of the copy and statement required by Section 7 of this Act
25required to be delivered to the officer or officers named

 

 

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1therein. If the pawner or pledger fails to repay the loan
2during the period specified on the pawn ticket, the pawnbroker
3shall automatically extend a grace period of 30 days from the
4default date on the loan during which the pawnbroker shall not
5dispose of or sell the personal property pledged. The parties
6may agree to extend or renew a loan upon terms agreed upon by
7the parties, provided the terms comply with the requirements of
8this Act. A county or municipality, including a home rule unit,
9may regulate these holding periods in a manner that is more
10restrictive than the regulation provided in this Section 10. A
11home rule unit may not regulate these holding periods in a
12manner less restrictive than the regulation by the State. This
13Section is a limitation under subsection (i) of Section 6 of
14Article VII of the Illinois Constitution on the concurrent
15exercise by home rule units of the powers and functions
16exercised by the State.
17(Source: P.A. 90-477, eff. 7-1-98.)