Full Text of HB4714 97th General Assembly
HB4714 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4714 Introduced 2/3/2012, by Rep. Pam Roth SYNOPSIS AS INTRODUCED: |
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205 ILCS 510/0.05 |
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205 ILCS 510/1 | from Ch. 17, par. 4651 |
205 ILCS 510/1.2 new | | 205 ILCS 510/1.4 new | | 205 ILCS 510/4.5 new | |
205 ILCS 510/5 | from Ch. 17, par. 4655 |
205 ILCS 510/6 | from Ch. 17, par. 4656 |
205 ILCS 510/7 | from Ch. 17, par. 4657 |
205 ILCS 510/7.5 |
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205 ILCS 510/8 | from Ch. 17, par. 4658 |
205 ILCS 510/9 | from Ch. 17, par. 4659 |
205 ILCS 510/11 | from Ch. 17, par. 4661 |
205 ILCS 510/12 | |
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Amends the Pawnbroker Regulation Act. Defines "precious metal scrapper". Provides that the Secretary of Financial and Professional Regulation shall issue licenses on an annual or multi-year basis for operating a precious metal scrapper. Provides that it shall be unlawful to operate a precious metal scrapper without a license issued by the Secretary. Provides that a precious metal scrapper may not, upon physical receipt of gold or silver, offer, promise, or pay the seller an amount less than 60% of the gold or silver's actual melt value. Provides that, upon physical receipt of gold or silver, a precious metal scrapper must maintain possession of the gold or silver for a period of 10 business days. Makes changes concerning the administration of the Act, manager licensing, record requirements, the inspection of records, daily reports, reports to the Secretary, violations of the Act, and hold orders.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Pawnbroker Regulation Act is amended by | 5 | | changing Sections 0.05, 1, 5, 6, 7, 7.5, 8, 9, 11, and 12 and by | 6 | | adding Sections 1.2, 1.4, and 4.5 as follows:
| 7 | | (205 ILCS 510/0.05)
| 8 | | Sec. 0.05. Administration of Act.
| 9 | | (a) This Act shall be administered by the
Secretary of | 10 | | Financial and Professional Regulation, and, beginning on July | 11 | | 28, 2010 (the effective date of Public Act 96-1365), all | 12 | | references in this Act to the Commissioner of Banks and Real | 13 | | Estate are deemed, in appropriate contexts, to be references to | 14 | | the Secretary of Financial and Professional Regulation, who | 15 | | shall have all of the following
powers and duties in | 16 | | administering this Act:
| 17 | | (1) To promulgate reasonable rules for the purpose of | 18 | | administering the
provisions of this Act.
| 19 | | (2) To issue orders for the purpose of administering | 20 | | the provisions of
this
Act and any rule promulgated in | 21 | | accordance with this Act.
| 22 | | (2.5) To order restitution to consumers suffering | 23 | | damages resulting from violations of this Act, rules |
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| 1 | | promulgated in accordance with this Act, or other laws or | 2 | | regulations related to the operation of a pawnshop or | 3 | | precious metal scrapper .
| 4 | | (3) To appoint hearing officers and to hire employees | 5 | | or to contract with
appropriate persons to execute any of | 6 | | the powers granted to
the Secretary under this Section for | 7 | | the purpose of administering this
Act and any rule | 8 | | promulgated in accordance with this Act.
| 9 | | (4) To subpoena witnesses, to compel their attendance, | 10 | | to administer an
oath, to examine any person under oath, | 11 | | and to require the production of any
relevant books, | 12 | | papers, accounts, and documents in the course of and | 13 | | pursuant
to any investigation being conducted, or any | 14 | | action being taken, by the
Secretary in respect of any | 15 | | matter relating to the duties imposed upon, or
the powers | 16 | | vested in, the Secretary under the provisions of this Act | 17 | | or any
rule promulgated in accordance with this Act.
| 18 | | (5) To conduct hearings.
| 19 | | (6) To impose civil penalties graduated up to $1,000 | 20 | | against any person
for each
violation of any provision of | 21 | | this Act, any rule promulgated in
accordance
with this Act, | 22 | | or any order of the Secretary
based upon the seriousness of | 23 | | the violation.
| 24 | | (6.5) To initiate, through the Attorney General, | 25 | | injunction proceedings
whenever it appears to the | 26 | | Secretary that any person, whether licensed under
this Act |
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| 1 | | or not, is engaged or about to engage in an act or practice | 2 | | that
constitutes or will constitute a violation of this Act | 3 | | or any rule prescribed
under the authority of this Act. The | 4 | | Secretary may, in his or her
discretion, through the | 5 | | Attorney General, apply for an injunction, and upon a
| 6 | | proper showing, any circuit court may enter a permanent or | 7 | | preliminary
injunction or a temporary restraining order | 8 | | without bond to enforce this Act in
addition to the | 9 | | penalties and other remedies provided for in this Act.
| 10 | | (7) To issue a cease and desist order and, for | 11 | | violations of
this Act, any order issued by the Secretary | 12 | | pursuant to this Act, any
rule promulgated in accordance | 13 | | with this Act,
or any other applicable law in connection | 14 | | with the operation of a pawnshop or precious metal | 15 | | scrapper ,
to suspend a license issued under this Act for up | 16 | | to 30 days.
| 17 | | (8) To determine
compliance with applicable law and | 18 | | rules related to the operation of pawnshops and precious | 19 | | metal scrappers
and to verify the accuracy of reports filed | 20 | | with the Secretary, the
Secretary, not more than one time | 21 | | every 2 years, may, but is not required
to, conduct a | 22 | | routine examination of a pawnshop or precious metal | 23 | | scrapper , and in
addition, the Secretary may examine the | 24 | | affairs of any pawnshop or precious metal scrapper at any | 25 | | time if the Secretary
has
reasonable cause to believe that | 26 | | unlawful or fraudulent activity is occurring,
or has |
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| 1 | | occurred, therein.
| 2 | | (9) In response to a complaint, to address any | 3 | | inquiries to any pawnshop or precious metal scrapper
in | 4 | | relation to its affairs, and it shall be the duty of the | 5 | | pawnshop or precious metal scrapper to
promptly reply in | 6 | | writing to such inquiries. The Secretary may also require
| 7 | | reports or information from any pawnshop or precious metal | 8 | | scrapper at any time the Secretary may deem
desirable.
| 9 | | (10) To revoke a license issued under this Act if the | 10 | | Secretary
determines that (a) a licensee has been convicted | 11 | | of a felony in connection
with the operations of a pawnshop | 12 | | or precious metal scrapper ; (b) a licensee knowingly, | 13 | | recklessly, or
continuously violated this Act or State or | 14 | | federal law or regulation, a rule promulgated in
accordance | 15 | | with this Act, or any order of the Secretary; (c) a fact or
| 16 | | condition exists that, if it had existed or had been known | 17 | | at the time of the
original application, would have | 18 | | justified license refusal; (d) the licensee
knowingly | 19 | | submits materially false or misleading documents with the | 20 | | intent to
deceive the Secretary or any other party; or (e) | 21 | | the licensee is unable or ceases to continue to operate the | 22 | | pawnshop or precious metal scrapper .
| 23 | | (10.2) To remove or prohibit the employment of any | 24 | | officer, director, employee, or agent of the pawnshop or | 25 | | precious metal scrapper who engages in or has engaged in | 26 | | unlawful activities that relate to the operation of a |
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| 1 | | pawnshop or precious metal scrapper . | 2 | | (10.7) To prohibit the hiring of employees who have | 3 | | been convicted of a financial crime or any crime involving | 4 | | breach of trust who do not meet exceptions as established | 5 | | by rule of the Secretary.
| 6 | | (11) Following license revocation, to take possession | 7 | | and control of a
pawnshop or precious metal scrapper for | 8 | | the purpose of examination, reorganization, or liquidation | 9 | | through
receivership and to appoint a receiver, which may | 10 | | be the Secretary, a
pawnshop, a precious metal scrapper, or
| 11 | | another suitable person.
| 12 | | (b) After consultation with local law enforcement | 13 | | officers, the Attorney
General, and the industry, the Secretary | 14 | | may by rule require that
pawnbrokers or precious metal | 15 | | scrappers
operate video camera surveillance systems to record | 16 | | photographic
representations of customers and retain the tapes | 17 | | produced for up to 30 days.
| 18 | | (c) Pursuant to rule, the Secretary shall issue licenses on | 19 | | an annual or
multi-year basis for operating a
pawnshop and for | 20 | | operating a precious metal scrapper . Any person currently | 21 | | operating or
who has operated a pawnshop in this State during | 22 | | the 2 years preceding the
effective date of this amendatory Act | 23 | | of 1997 shall be issued a license upon
payment of the fee | 24 | | required under this Act. Any person currently operating or who | 25 | | has operated a precious metal scrapper in this State during the | 26 | | 2 years preceding the effective date of this amendatory Act of |
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| 1 | | the 97th General Assembly shall be issued a license upon | 2 | | payment of the fee required under this Act. New applicants | 3 | | shall meet
standards for a license as established by the | 4 | | Secretary.
Except with the prior written consent of the | 5 | | Secretary, no individual,
either a new applicant or a person | 6 | | currently operating a pawnshop or precious metal scrapper , may | 7 | | be
issued a license to operate a pawnshop or precious metal | 8 | | scrapper if the individual has been convicted
of a felony or of | 9 | | any criminal offense relating to dishonesty or breach of
trust | 10 | | in connection with the operations of a pawnshop or precious | 11 | | metal scrapper .
The Secretary shall
establish license fees. The | 12 | | fees shall not exceed the amount reasonably
required for | 13 | | administration of this Act. It shall be unlawful to operate a
| 14 | | pawnshop or precious metal scrapper without a license issued by | 15 | | the Secretary.
| 16 | | (d) In addition to license fees, the Secretary may, by | 17 | | rule, establish
fees in connection with a review, approval, or | 18 | | provision of a service, and levy
a reasonable charge to recover | 19 | | the cost of the review, approval, or service
(such as a change | 20 | | in control, change in location, or renewal of a license).
The | 21 | | Secretary may also levy a reasonable charge to recover the cost | 22 | | of an
examination if the Secretary determines that unlawful or | 23 | | fraudulent activity
has occurred. The Secretary may require | 24 | | payment of the fees and charges
provided in this Act by | 25 | | certified check, money order, an electronic transfer of
funds, | 26 | | or an automatic debit of an account.
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| 1 | | (e) The Pawnbroker Regulation Fund is established as a | 2 | | special
fund in the State treasury. Moneys collected under this | 3 | | Act shall be deposited
into the Fund and used for the | 4 | | administration of this Act.
In the event that General Revenue | 5 | | Funds are appropriated to the Department of Financial and | 6 | | Professional Regulation for the initial implementation of this
| 7 | | Act, the Governor may direct the repayment from the Pawnbroker | 8 | | Regulation
Fund to the General Revenue Fund of such advance in | 9 | | an amount not to exceed
$30,000. The Governor may direct this | 10 | | interfund transfer at such time as he
deems appropriate by | 11 | | giving appropriate written notice. Moneys in the Pawnbroker | 12 | | Regulation Fund may be transferred to the Professions Indirect | 13 | | Cost Fund, as authorized under Section 2105-300 of the | 14 | | Department of Professional Regulation Law of the Civil | 15 | | Administrative Code of Illinois.
| 16 | | (f) The Secretary may, by rule, require all pawnshops and | 17 | | precious metal scrappers to provide for
the expenses that would | 18 | | arise from the administration of the receivership of a
pawnshop | 19 | | or precious metal scrapper under this Act through the | 20 | | assessment of fees, the requirement to
pledge surety bonds, or | 21 | | such other methods as determined by the Secretary.
| 22 | | (g) All final administrative decisions of the Secretary | 23 | | under
this Act shall be subject to judicial review pursuant to | 24 | | the provisions of the
Administrative Review Law. For matters | 25 | | involving administrative review, venue
shall be in
either | 26 | | Sangamon County or Cook County.
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| 1 | | (Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10; | 2 | | 97-333, eff. 8-12-11.)
| 3 | | (205 ILCS 510/1) (from Ch. 17, par. 4651)
| 4 | | Sec. 1.
(a) Every individual or business entity which lends | 5 | | money on the
deposit or pledge of physically delivered personal | 6 | | property, other than
property the ownership of which is subject | 7 | | to a legal dispute, securities,
printed evidence of | 8 | | indebtedness or printed evidence of ownership of the
personal | 9 | | property, or who deals in the purchase of such property on the
| 10 | | condition of selling the property back again at a stipulated | 11 | | price, shall be
held and is hereby
declared and defined to be a | 12 | | pawnbroker. The business of a pawnbroker does
not include the | 13 | | lending of money on deposit or pledge of title to property. | 14 | | (b) (Blank). The Secretary may require employees of | 15 | | pawnshops who have the authority to act in a managerial | 16 | | capacity to obtain a license from the Department. For the | 17 | | purposes of this Section, "managerial capacity" shall mean the | 18 | | ability to direct the operations or activities of the pawnshop. | 19 | | If the Secretary determines a pawnshop employee's duties and | 20 | | responsibilities or other factors amount to acting in a | 21 | | managerial capacity, the Secretary may require licensing. The | 22 | | license shall be valid for 2 years. The Secretary may by rule | 23 | | specify the form of the application for licensure, fees to be | 24 | | imposed and conditions for licensure. The licensed employees | 25 | | shall report their places of employment to the Secretary.
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| 1 | | (Source: P.A. 96-1365, eff. 7-28-10.)
| 2 | | (205 ILCS 510/1.2 new) | 3 | | Sec. 1.2. Precious metal scrapper. Every business entity | 4 | | which offers payment for the physical delivery of gold or | 5 | | silver and at least 50% of whose revenue is generated by the | 6 | | melting down, reformation, or re-selling of that gold or silver | 7 | | shall be held and is hereby declared and defined to be a | 8 | | precious metal scrapper. | 9 | | (205 ILCS 510/1.4 new) | 10 | | Sec. 1.4. Manager licensing. The Secretary may require | 11 | | employees of pawnshops and precious metal scrappers who have | 12 | | the authority to act in a managerial capacity to obtain a | 13 | | license from the Department. For the purposes of this Section, | 14 | | "managerial capacity" shall mean the ability to direct the | 15 | | operations or activities of the pawnshop or precious metal | 16 | | scrapper. If the Secretary determines a pawnshop or precious | 17 | | metal scrapper employee's duties and responsibilities or other | 18 | | factors amount to acting in a managerial capacity, the | 19 | | Secretary may require licensing. The license shall be valid for | 20 | | 2 years. The Secretary may by rule specify the form of the | 21 | | application for licensure, fees to be imposed, and conditions | 22 | | for licensure. The licensed employees shall report their places | 23 | | of employment to the Secretary. |
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| 1 | | (205 ILCS 510/4.5 new) | 2 | | Sec. 4.5. Offer, promise, or payment amount; period of | 3 | | possession. | 4 | | (a) Upon physical receipt of gold or silver, a precious | 5 | | metal scrapper may not offer, promise, or pay the seller an | 6 | | amount less than 60% of the gold or silver's actual melt value, | 7 | | which shall be determined using the gold or silver's weight, | 8 | | purity, and spot value taken from the previous 3 business days | 9 | | of trading on a major stock exchange located within the United | 10 | | States. | 11 | | (b) Upon physical receipt of gold or silver, each precious | 12 | | metal scrapper must maintain possession of the gold or silver | 13 | | and may not melt or otherwise alter, re-form, or re-sell the | 14 | | gold or silver for a period of 10 business days.
| 15 | | (205 ILCS 510/5) (from Ch. 17, par. 4655)
| 16 | | Sec. 5. Record requirements.
| 17 | | (a) Except in municipalities located in counties having | 18 | | 3,000,000 or more
inhabitants, every pawn and loan broker and | 19 | | precious metal scrapper shall keep a standard record book
that | 20 | | has been approved by the sheriff of the county in which the | 21 | | pawnbroker or precious metal scrapper
does business. In | 22 | | municipalities in counties with
3,000,000 or more inhabitants, | 23 | | the record book shall be approved by the police
department of | 24 | | the municipality in which the pawn or loan broker or precious | 25 | | metal scrapper does business.
At the time of each and every |
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| 1 | | purchase, loan , or taking of a pledge,
an accurate account and | 2 | | description, in the English language, of all the
goods, | 3 | | articles and other things pawned , purchased, or pledged, the | 4 | | amount of money,
value or thing loaned or purchased thereon, | 5 | | the time of pledging the same, the rate of
interest to be paid | 6 | | on such loan, the weight, purity, and spot price of any gold or | 7 | | silver purchased, and the name and residence of the person
| 8 | | making such pawn , sale, or pledge shall be printed, typed, or | 9 | | written in ink in
the record book. Such entry shall include the | 10 | | serial number or
identification number of items received which | 11 | | bear such
number. Except for items purchased from dealers | 12 | | possessing a federal employee
identification number who have | 13 | | provided a receipt to the pawnbroker or precious metal | 14 | | scrapper , every
pawnbroker and precious metal scrapper shall | 15 | | also record in his book, an accurate account and description,
| 16 | | in the English language, of all goods, articles and other | 17 | | things purchased or
received for the purpose of resale or loan | 18 | | collateral by the pawnbroker or precious metal scrapper from
| 19 | | any source, not in the course of a pledge or loan, the time of | 20 | | such purchase
or receipt and the name and address of the person | 21 | | or business which sold or
delivered such goods, articles, or | 22 | | other things to the pawnbroker or precious metal scrapper . No | 23 | | entry
in such book shall be erased, mutilated or changed.
| 24 | | (b) Every pawnbroker and precious metal scrapper shall | 25 | | require identification to be
shown him by each person selling, | 26 | | pledging , or pawning any goods, articles or other
things to the |
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| 1 | | pawnbroker or precious metal scrapper . If the identification | 2 | | shown is a driver's license
or a State identification card | 3 | | issued by the Secretary of State and contains a
photograph of | 4 | | the person being identified,
only one form of identification | 5 | | must be shown. If the identification shown
is not a driver's | 6 | | license or a State identification card issued by the
Secretary
| 7 | | of State and does not contain a photograph, 2 forms of | 8 | | identification must be
shown, and one of the 2 forms of
| 9 | | identification must
include his or her residence address. These | 10 | | forms of identification shall
include, but not be limited to, | 11 | | any of the following: driver's license,
social security card, | 12 | | utility bill, employee or student identification card,
credit | 13 | | card, or a civic, union or professional association membership | 14 | | card.
In addition, in a municipality with a population of | 15 | | 1,000,000 or more
inhabitants, if the customer does not have an | 16 | | identification issued by a
governmental entity containing a | 17 | | photograph of the person being identified, the
pawnbroker or | 18 | | precious metal scrapper shall photograph the customer in color | 19 | | and record the customer's
name, residence address, date of | 20 | | birth, social security number, gender, height,
and weight on | 21 | | the reverse side of the photograph. If the customer has no
| 22 | | social security number,
the pawnbroker or precious metal | 23 | | scrapper shall record this fact.
| 24 | | A county or municipality, including a home rule unit, may | 25 | | regulate a
pawnbroker's or precious metal scrapper's | 26 | | identification requirements for persons selling, pledging , or |
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| 1 | | pawning goods,
articles, or other things to the pawnbroker or | 2 | | precious metal scrapper in a manner that is not less
| 3 | | restrictive than the regulation by the State of a precious | 4 | | metal scrapper's or pawnbroker's identification
requirements | 5 | | for persons selling, pledging , or pawning goods, articles, or | 6 | | other things.
A home rule unit
may not regulate a precious | 7 | | metal scrapper's or pawnbroker's identification requirements | 8 | | for persons selling,
pledging ,
or pawning goods, articles, or | 9 | | other things to the pawnbroker or precious metal scrapper in a | 10 | | manner less
restrictive than the regulation by the State of a | 11 | | precious metal scrapper's or pawnbroker's identification
| 12 | | requirements for persons pledging or pawning goods, articles, | 13 | | or other things.
This Section is a limitation under subsection | 14 | | (i) of Section 6 of Article VII
of the Illinois Constitution on | 15 | | the concurrent exercise by home rule units of
the powers and | 16 | | functions exercised by the State.
| 17 | | (c) A pawnbroker or precious metal scrapper may maintain | 18 | | the records required by subsection (a) in
computer form if the | 19 | | computer form has been approved by the Commissioner, the
| 20 | | sheriff of the county in which the shop is located, and the | 21 | | police department
of the municipality in which the shop is | 22 | | located.
| 23 | | (d) Records, including reports to the Secretary, | 24 | | maintained by
pawnbrokers and precious metal scrappers shall be | 25 | | confidential, and no disclosure of pawnbroker or precious metal | 26 | | scrapper records
shall be made except disclosures authorized by |
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| 1 | | this Act or ordered by a court
of competent jurisdiction. No | 2 | | record transferred to a governmental official
shall be | 3 | | improperly disclosed, provided that use of those records as | 4 | | evidence
of a felony or misdemeanor shall be a proper purpose.
| 5 | | (e) Pawnbrokers , precious metal scrappers, and their | 6 | | associations may lawfully give appropriate
governmental | 7 | | agencies computer equipment for the purpose of transferring
| 8 | | information pursuant to this Act.
| 9 | | (Source: P.A. 96-1038, eff. 7-14-10.)
| 10 | | (205 ILCS 510/6) (from Ch. 17, par. 4656)
| 11 | | Sec. 6. Inspection of records.
| 12 | | (a) The book or computer
records, as well as every article | 13 | | or other thing of value so sold,
pawned , or pledged, shall at | 14 | | all times be open to the inspection of the Secretary, the | 15 | | sheriff of the county, his deputies, or any members
of the
| 16 | | police force of
any city in the county in which such pawnbroker | 17 | | or precious metal scrapper does business.
In addition, the | 18 | | Secretary shall be authorized to inspect the books or
records | 19 | | of any business he or she has reasonable cause to believe is | 20 | | conducting
pawn or precious metal scrapping transactions and | 21 | | should be licensed under this Act.
| 22 | | (b) The book or computer records, pawn tickets, or any | 23 | | other records
required by the Secretary under this Act or any | 24 | | rule promulgated in
accordance with this Act shall be | 25 | | maintained for a period of 3 years after the
date on which the |
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| 1 | | record or ticket was prepared. These records and tickets
shall | 2 | | be open
to inspection of the Secretary at all times during the | 3 | | 3-year period.
| 4 | | (Source: P.A. 96-1038, eff. 7-14-10.)
| 5 | | (205 ILCS 510/7) (from Ch. 17, par. 4657)
| 6 | | Sec. 7. Daily report.
| 7 | | (a) Except as provided in subsection (b), it
shall be the | 8 | | duty of every pawnbroker and precious metal scrapper to make
| 9 | | out and deliver to
the sheriff of the county in which such | 10 | | pawnbroker or precious metal scrapper does business, on each
| 11 | | day before the hours of 12 o'clock noon, a legible and exact | 12 | | copy from
the standard record book, as required in Section 5 of | 13 | | this Act, that lists
all personal property and any other | 14 | | valuable thing received
on deposit or
purchased during the | 15 | | preceding day, including the exact
time when
received or | 16 | | purchased, and a description of the person or person by whom
| 17 | | left in pledge, or from whom the same were purchased; provided, | 18 | | that in
cities or towns having 25,000 or more inhabitants,
a | 19 | | copy of
the such report shall at the same time also be | 20 | | delivered to the
superintendent of police or the chief police | 21 | | officer of such city or town.
Such report may be made by | 22 | | computer printout or input memory device if the
format has been | 23 | | approved by the local law enforcement agency.
| 24 | | (b) In counties with more than 3,000,000 inhabitants, a | 25 | | pawnbroker or precious metal scrapper must
provide the daily |
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| 1 | | report to the sheriff only if the pawnshop or precious metal | 2 | | scrapper is located in an
unincorporated area of the county.
| 3 | | Pawnbrokers and precious metal scrappers located in cities or | 4 | | towns in such counties must deliver such
reports to the | 5 | | superintendent of police or the chief police officer of such
| 6 | | city or town.
| 7 | | (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)
| 8 | | (205 ILCS 510/7.5)
| 9 | | Sec. 7.5. Report to the Secretary.
The Secretary, as often | 10 | | as the Secretary shall deem necessary or
proper, may require a | 11 | | pawnshop or precious metal scrapper to submit a full and | 12 | | detailed report of its
operations including, but not limited | 13 | | to, the number of pawns and purchases made, the amount
financed | 14 | | on pawn and purchase transactions, and the number and amount of | 15 | | pawns and purchases surrendered
to law enforcement.
| 16 | | The Secretary shall
prescribe the form of the report and | 17 | | establish the date by which the report
must be filed.
| 18 | | (Source: P.A. 96-1038, eff. 7-14-10.)
| 19 | | (205 ILCS 510/8) (from Ch. 17, par. 4658)
| 20 | | Sec. 8.
No pawnbroker or precious metal scrapper shall take | 21 | | or receive any purchase, pawn , or pledge for any
advancement or | 22 | | loan, any property of any kind from any minor who is under
18 | 23 | | years of age, or the ownership of which is in, or which is | 24 | | claimed by,
any such minor, or which may be in the possession |
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| 1 | | or under the control of any such minor.
| 2 | | (Source: P.A. 84-478.)
| 3 | | (205 ILCS 510/9) (from Ch. 17, par. 4659)
| 4 | | Sec. 9.
No pawnbroker or precious metal scrapper shall | 5 | | purchase or take any article in pawn or pledge from any
person | 6 | | appearing to be intoxicated, nor from
any person known to have | 7 | | been convicted of theft.
A law enforcement officer may provide | 8 | | such criminal conviction information
to a pawnbroker or | 9 | | precious metal scrapper . When any
person is found to be
the | 10 | | owner of stolen property which has been pawned or sold , such | 11 | | property shall be
returned to the owner thereof without the | 12 | | payment of the money advanced by
the pawnbroker or precious | 13 | | metal scrapper thereon or any costs or charges of any kind | 14 | | which the
pawnbroker or precious metal scrapper may have placed | 15 | | upon the same.
| 16 | | (Source: P.A. 84-1308.)
| 17 | | (205 ILCS 510/11) (from Ch. 17, par. 4661)
| 18 | | Sec. 11. Violations. Every person who knowingly violates | 19 | | the provisions of this
Act shall, for the first offense, be | 20 | | guilty of a Class C misdemeanor, and for
each
subsequent | 21 | | offense shall be guilty of a Class A misdemeanor, except that a
| 22 | | person who knowingly violates this Act by operating a pawnshop | 23 | | or precious metal scrapper without a
license shall be guilty of | 24 | | a Class B misdemeanor for the first offense and
shall be guilty |
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| 1 | | of a Class A misdemeanor for any subsequent offense. This Act | 2 | | shall not be
construed as to, in any wise, impair the power of | 3 | | cities or villages in
this State to license, tax, regulate
| 4 | | except as to fee amounts,
suppress, and prohibit pawnbrokers or | 5 | | precious metal scrappers as
now provided by law.
| 6 | | (Source: P.A. 92-215, eff. 8-2-01.)
| 7 | | (205 ILCS 510/12) | 8 | | Sec. 12. Hold order. | 9 | | (a) For the purposes of this Section, "hold order" means a | 10 | | written legal instrument issued to a pawnbroker or precious | 11 | | metal scrapper by a law enforcement officer commissioned by the | 12 | | law enforcement agency of the municipality or county that | 13 | | licenses and regulates the pawnbroker or precious metal | 14 | | scrapper , ordering the pawnbroker or precious metal scrapper to | 15 | | retain physical possession of pledged goods in the possession | 16 | | of the pawnbroker or precious metal scrapper or property | 17 | | purchased by and in the possession of the pawnbroker or | 18 | | precious metal scrapper and not to return, sell, or otherwise | 19 | | dispose of such property as such property is believed to be | 20 | | misappropriated goods. | 21 | | (b) Upon written notice from a law enforcement officer | 22 | | indicating that property in the possession of a pawnbroker or | 23 | | precious metal scrapper and subject to a hold order is needed | 24 | | for the purpose of furthering a criminal investigation and | 25 | | prosecution, the pawnbroker or precious metal scrapper shall |
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| 1 | | release the property subject to the hold order to the custody | 2 | | of the law enforcement officer for such purpose and the officer | 3 | | shall provide a written acknowledgment that the property has | 4 | | been released to the officer. The release of the property to | 5 | | the custody of the law enforcement officer shall not be | 6 | | considered a waiver or release of the precious metal scrapper's | 7 | | or pawnbroker's property rights or interest in the property. | 8 | | Upon completion of the criminal investigation, the property | 9 | | shall be returned to the pawnbroker or precious metal scrapper | 10 | | who consented to its release; except that, if the law | 11 | | enforcement officer has not completed the criminal | 12 | | investigation within 120 days after its release, the officer | 13 | | shall immediately return the property to the pawnbroker or | 14 | | precious metal scrapper or obtain and furnish to the pawnbroker | 15 | | or precious metal scrapper a warrant for the continued custody | 16 | | of the property. | 17 | | The pawnbroker or precious metal scrapper shall not release | 18 | | or dispose of the property except pursuant to a court order or | 19 | | the expiration of the holding period of the hold order, | 20 | | including all extensions. | 21 | | In cases where criminal charges have been filed and the | 22 | | property may be needed as evidence, the prosecuting attorney | 23 | | shall notify the pawnbroker or precious metal scrapper in | 24 | | writing. The notice shall contain the case number, the style of | 25 | | the case, and a description of the property. The pawnbroker or | 26 | | precious metal scrapper shall hold such property until |
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| 1 | | receiving notice of the disposition of the case from the | 2 | | prosecuting attorney. The prosecuting attorney shall notify | 3 | | the pawnbroker or precious metal scrapper and claimant in | 4 | | writing within 15 days after the disposition of the case.
| 5 | | (Source: P.A. 96-1365, eff. 7-28-10.)
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