State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 002 ]
[ Conference Committee Report 001 ]

90_HB2215eng

      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 510/10           from Ch. 17, par. 4660
          Amends the Pawnbroker Regulation Act.  Permits pawnbroker
      records to be maintained in computer format.   Provides  that
      pawnbroker  records  are confidential.  Provides that reports
      may be made  by  computer  memory  devices.  Requires  pawned
      property to be held by the pawnbroker for 72 (rather than 24)
      hours.
                                                     LRB9004318JSgc
HB2215 Engrossed                               LRB9004318JSgc
 1        AN ACT to amend the Pawnbroker Regulation Act by changing
 2    Sections 5, 6, 7, and 10.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Pawnbroker Regulation Act is  amended  by
 6    changing Sections 5, 6, 7, and 10 as follows:
 7        (205 ILCS 510/5) (from Ch. 17, par. 4655)
 8        Sec. 5.  Record requirements.
 9        (a)  Every  pawn  and  loan  broker shall keep a standard
10    record book that has been approved  by  the  sheriff  of  the
11    county  in which the pawnbroker does business, in which shall
12    be written in ink, at the time of  each  and  every  loan  or
13    taking  of  a pledge, an accurate account and description, in
14    the English language, of all the goods,  articles  and  other
15    things pawned or pledged, the amount of money, value or thing
16    loaned  thereon,  the  time of pledging the same, the rate of
17    interest to be paid on such loan, and the name and  residence
18    of  the  person  making such pawn or pledge. Such entry shall
19    include the serial number or identification number  of  items
20    received  which  are  required  to  bear  such  number. Every
21    pawnbroker shall also record in his book, an accurate account
22    and description, in  the  English  language,  of  all  goods,
23    articles  and  other  things  purchased  or  received for the
24    purpose of resale or loan collateral by the  pawnbroker  from
25    any  source,  not in the course of a pledge or loan, the time
26    of such purchase or receipt and the name and address  of  the
27    person  or  business  which  sold  or  delivered  such goods,
28    articles, or other things to the pawnbroker. No entry in such
29    book shall be erased, mutilated or changed.
30        (b)  Every  pawnbroker   shall   require   2   forms   of
31    identification  to  be  shown  him by each person pledging or
HB2215 Engrossed            -2-                LRB9004318JSgc
 1    pawning  any  goods,  articles  or  other   things   to   the
 2    pawnbroker.   One  of  the  two  forms of identification must
 3    include  his  or  her  residence  address.   These  forms  of
 4    identification shall include, but not be limited to,  any  of
 5    the  following:   driver's  license,  social  security  card,
 6    utility bill, employee or student identification card, credit
 7    card,   or   a   civic,  union  or  professional  association
 8    membership card.
 9        (c)  A pawnbroker may maintain the  records  required  by
10    subsection (a) in computer form if the computer form has been
11    approved  by  the  Commissioner, the sheriff of the county in
12    which the shop is located, and the police department  of  the
13    municipality in which the shop is located.
14        (d)  Records   maintained   by   pawnbrokers   shall   be
15    confidential,  and  no disclosure of pawnbroker records shall
16    be made except disclosures authorized by this Act or  ordered
17    by  a court of competent jurisdiction.  No record transferred
18    to a governmental official  shall  be  improperly  disclosed,
19    provided that use of those records as evidence of a felony or
20    misdemeanor shall be a proper purpose.
21        (e)  Pawnbrokers and their associations may lawfully give
22    appropriate  governmental agencies computer equipment for the
23    purpose of transferring information pursuant to this Act.
24    (Source: P.A. 84-1308.)
25        (205 ILCS 510/6) (from Ch. 17, par. 4656)
26        Sec. 6. Inspection of records.  The said book or computer
27    records, as well as every article or other thing of value  so
28    pawned  or  pledged,  shall  at  all  times  be  open  to the
29    inspection of the sheriff of the county, his deputies or  any
30    members  of  the  police  force  of any city in the county in
31    which such pawnbroker does business.
32    (Source: Laws 1909, p. 300.)
HB2215 Engrossed            -3-                LRB9004318JSgc
 1        (205 ILCS 510/7) (from Ch. 17, par. 4657)
 2        Sec. 7. Daily report.  It shall  be  the  duty  of  every
 3    pawnbroker  to  make  out  and  deliver to the sheriff of the
 4    county in which such pawnbroker does business,  on  each  day
 5    before the hours of 12 o'clock noon, a legible and exact copy
 6    from  the  standard record  book, as required in Section 5 of
 7    this Act, that lists all  personal  property  and  any  other
 8    valuable thing things received on deposit or purchased during
 9    the  preceding  day,  including  together with the exact time
10    when received or purchased, and a description of  the  person
11    or  person by whom left in pledge, or from whom the same were
12    purchased;  provided,  that  in  cities   or   towns   having
13    twenty-five  thousand or more inhabitants, a copy of the such
14    report shall at the  same  time  also  be  delivered  to  the
15    superintendent  of police or the chief police officer of such
16    city or town. Such report may be made by computer printout or
17    input memory device if the format has been  approved  by  the
18    local law enforcement agency.
19    (Source: P.A. 84-479.)
20        (205 ILCS 510/10) (from Ch. 17, par. 4660)
21        Sec. 10. Sale of property.  No personal property received
22    on  deposit  or  pledge, or purchased by any such pawnbroker,
23    shall be sold or permitted to be redeemed or removed from the
24    place of business of such pawnbroker  for  the  space  of  72
25    twenty-four   hours  after  the  delivery  of  the  copy  and
26    statement required by Section 7 of this Act  required  to  be
27    delivered  to  the  officer or officers named therein; and no
28    personal property pawned or pledged shall be sold or disposed
29    of by any such pawnbroker within one year from the time  when
30    the  pawner  or  pledger shall make default in the payment of
31    interest on the money so advanced  by  the  such  pawnbroker,
32    unless by the written consent of such pawner or pledger.
33    (Source: Laws 1909, p. 300.)

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