Bill Amendment: IL SB1820 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PAWNSHOP-RECORD KEEPING

Status: 2015-07-29 - Public Act . . . . . . . . . 99-0188 [SB1820 Detail]

Download: Illinois-2015-SB1820-House_Amendment_001.html

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Rep. Camille Y. Lilly

Filed: 5/19/2015

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AMENDMENT TO SENATE BILL 1820
AMENDMENT NO. ______. Amend Senate Bill 1820 by replacing
everything after the enacting clause with the following:
"Section 5. The Pawnbroker Regulation Act is amended by
changing Sections 5 and 10 and by adding Section 9.5 as
follows:
(205 ILCS 510/5) (from Ch. 17, par. 4655)
Sec. 5. Record requirements.
(a) Except in municipalities located in counties having
3,000,000 or more inhabitants, every pawn and loan broker shall
keep a standard record book that has been approved by the
sheriff of the county in which the pawnbroker does business. In
municipalities in counties with 3,000,000 or more inhabitants,
the record book shall be approved by the police department of
the municipality in which the pawn or loan broker does
business. At the time of each and every loan or taking of a

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

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

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

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

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