Illinois General Assembly - Full Text of SB1820
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Full Text of SB1820  99th General Assembly

SB1820ham001 99TH GENERAL ASSEMBLY

Rep. Camille Y. Lilly

Filed: 5/19/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1820

2    AMENDMENT NO. ______. Amend Senate Bill 1820 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1pledge, an accurate account and description, in the English
2language, of all the goods, articles and other things pawned or
3pledged, the amount of money, value or thing loaned thereon,
4the time of pledging the same, the rate of interest to be paid
5on such loan, and the name and residence of the person making
6such pawn or pledge shall be printed, typed, or written in ink
7in the record book. Such entry shall include the serial number
8or identification number of items received which bear such
9number. Except for items purchased from dealers possessing a
10federal employee identification number who have provided a
11receipt to the pawnbroker, every pawnbroker shall also record
12in his book, an accurate account and description, in the
13English language, of all goods, articles and other things
14purchased or received for the purpose of resale or loan
15collateral by the pawnbroker from any source, including other
16pawnshop locations owned by the same pawnbroker, not in the
17course of a pledge or loan, the time of such purchase or
18receipt and the name and address of the person or business
19which sold or delivered such goods, articles, or other things
20to the pawnbroker. No entry in such book shall be erased,
21mutilated or changed.
22    (b) Every pawnbroker shall require identification to be
23shown him by each person pledging or pawning any goods,
24articles or other things to the pawnbroker. If the
25identification shown is a driver's license or a State
26identification card issued by the Secretary of State and

 

 

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

 

 

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1or other things. A home rule unit may not regulate a
2pawnbroker's identification requirements for persons pledging
3or pawning goods, articles, or other things to the pawnbroker
4in a manner less restrictive than the regulation by the State
5of a pawnbroker's identification requirements for persons
6pledging or pawning goods, articles, or other things. This
7Section is a limitation under subsection (i) of Section 6 of
8Article VII of the Illinois Constitution on the concurrent
9exercise by home rule units of the powers and functions
10exercised by the State.
11    (c) A pawnbroker may maintain the records required by
12subsection (a) in computer form if the computer form has been
13approved by the Commissioner, the sheriff of the county in
14which the shop is located, and the police department of the
15municipality in which the shop is located.
16    (d) Records, including reports to the Secretary,
17maintained by pawnbrokers shall be confidential, and no
18disclosure of pawnbroker records shall be made except
19disclosures authorized by this Act or ordered by a court of
20competent jurisdiction. No record transferred to a
21governmental official shall be improperly disclosed, provided
22that use of those records as evidence of a felony or
23misdemeanor shall be a proper purpose.
24    (e) Pawnbrokers and their associations may lawfully give
25appropriate governmental agencies computer equipment for the
26purpose of transferring information pursuant to this Act.

 

 

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1(Source: P.A. 96-1038, eff. 7-14-10.)
 
2    (205 ILCS 510/9.5 new)
3    Sec. 9.5. Altered property; serial number and
4manufacturer's identification number.
5    (a) No pawnbroker shall receive or purchase any article if
6the manufacturer's make, model, or serial number, personal
7identification number, or identifying marks engraved or etched
8upon an item of personal property has been removed, altered, or
9obliterated.
10    (b) The prohibition in subsection (a) of this Section does
11not apply if the article's manufacturer's make, model, or
12serial number, personal identification number, or identifying
13marks have been worn in the ordinary course of use. However, no
14article described in this subsection (b) shall be sold or
15transferred to another pawnshop location of such pawnbroker for
16a period of 15 days after the delivery of the copy and
17statement required by Section 7 of this Act required to be
18delivered to the officer or officers named therein.
 
19    (205 ILCS 510/10)  (from Ch. 17, par. 4660)
20    Sec. 10. Sale of property. No personal property pledged or
21received on deposit or pledge or purchased by any pawnbroker
22shall be sold or permitted to be redeemed or removed from the
23place of business of such pawnbroker for a period the space of
2448 hours after the delivery of the copy and statement required

 

 

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1by Section 7 of this Act required to be delivered to the
2officer or officers named therein. No personal property
3purchased by any pawnbroker shall be sold or removed from the
4place of business or transferred to another pawnshop location
5of such pawnbroker for a period of 10 days after the delivery
6of the copy and statement required by Section 7 of this Act
7required to be delivered to the officer or officers named
8therein. If the pawner or pledger fails to repay the loan
9during the period specified on the pawn ticket, the pawnbroker
10shall automatically extend a grace period of 30 days from the
11default date on the loan during which the pawnbroker shall not
12dispose of or sell the personal property pledged. The parties
13may agree to extend or renew a loan upon terms agreed upon by
14the parties, provided the terms comply with the requirements of
15this Act. A county or municipality, including a home rule unit,
16may regulate these holding periods in a manner that is more
17restrictive than the regulation provided in this Section 10. A
18home rule unit may not regulate these holding periods in a
19manner less restrictive than the regulation by the State. This
20Section is a limitation under subsection (i) of Section 6 of
21Article VII of the Illinois Constitution on the concurrent
22exercise by home rule units of the powers and functions
23exercised by the State.
24(Source: P.A. 90-477, eff. 7-1-98.)".