Bill Text: IL HB0231 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Pawnbroker Regulation Act. Provides that within 60 days after the date of notification by the Illinois State Police of acceptable digital standards, every pawnbroker must take a digital image of each customer pledging or pawning any goods, articles, or other things and every item pawned or sold to the pawnbroker. Sets forth definitions for the following: "Automated Pawn System", "point of sale data", and "reportable transaction". Requires every pawnbroker to transmit the point of sale data collected for every reportable transaction electronically from the pawnbroker's computer system to the Illinois State Police Automated Pawn System. Provides that in addition to any other fines and penalties imposed under applicable State and federal laws, a fine of up to $200 may be imposed upon any person who pledges or pawns any stolen goods, articles, or other items to a pawnbroker and is subsequently found guilty of theft. Provides that moneys collected pursuant to the provisions concerning fines shall be deposited into the Automated Pawn System Reporting Fund and used for the purpose of administering and enforcing the Automated Pawn System reporting requirements. Amends the State Finance Act to create the Automated Pawn System Reporting Fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-24 - Tabled By Sponsor Rep. Chapin Rose [HB0231 Detail]

Download: Illinois-2009-HB0231-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0231 Introduced 1/20/2009, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED:
205 ILCS 510/5 from Ch. 17, par. 4655
205 ILCS 510/7.7 new
30 ILCS 105/5.719 new
Amends the Pawnbroker Regulation Act. Provides that within 60 days after the date of notification by the Illinois State Police of acceptable digital standards, every pawnbroker must take a digital image of each customer pledging or pawning any goods, articles, or other things and every item pawned or sold to the pawnbroker. Sets forth definitions for the following: "Automated Pawn System", "point of sale data", and "reportable transaction". Requires every pawnbroker to transmit the point of sale data collected for every reportable transaction electronically from the pawnbroker's computer system to the Illinois State Police Automated Pawn System. Provides that in addition to any other fines and penalties imposed under applicable State and federal laws, a fine of up to $200 may be imposed upon any person who pledges or pawns any stolen goods, articles, or other items to a pawnbroker and is subsequently found guilty of theft. Provides that moneys collected pursuant to the provisions concerning fines shall be deposited into the Automated Pawn System Reporting Fund and used for the purpose of administering and enforcing the Automated Pawn System reporting requirements. Amends the State Finance Act to create the Automated Pawn System Reporting Fund.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pawnbroker Regulation Act is amended by
changing Section 5 and by adding Section 7.7 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
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

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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, 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
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

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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,
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

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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 Commissioner,
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.
(f) Within 60 days after the date of notification by the
Illinois State Police of acceptable digital standards, every
pawnbroker must take a digital image in the form of a color
photograph or a color video recording of each customer pledging
or pawning any goods, articles, or other things and every item
pawned or sold to the pawnbroker. Each digital image must be
electronically cross-referenced with the transaction to which
it is associated. The pawnbroker must inform the customer that
he or she is being photographed or videotaped by displaying a

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sign of sufficient size to alert the customer in a conspicuous
place on the premises.
Each printed photograph must be at least 2 inches in length
by 2 inches in width and must be maintained in such a manner
that the photograph can be readily matched and correlated with
all other records of the transaction to which they relate. Each
photograph of a customer must include a clearly identifiable
facial image of the person who pawned or sold the item. Each
photograph of an item must depict the item accurately.
If a video photograph is taken, then the video camera must
focus on the person pawning or selling the item so as to
include an identifiable image of that person's face. Items
photographed by video must be accurately depicted. Video
photographs must be electronically referenced by time and date
so they can be readily matched and correlated with all other
records of the transaction to which they relate.
(Source: P.A. 91-608, eff. 8-19-99; 92-215, eff. 8-2-01.)
(205 ILCS 510/7.7 new)
Sec. 7.7. Automated Pawn System report.
(a) As used in this Section:
"Automated Pawn System" or "APS" means the initiative of
the Minneapolis Police Department developed by Gov-to-Gov
Solutions Consortium program to provide governmental and
regulatory entities a more effective means to manage the
regulation of their pawn and secondhand dealers and to enable

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law enforcement agencies to share pawn and secondhand
transaction information electronically.
"Point of sale data" or "POS data" means the following: an
accurate account and description, in the English language, of
all the goods, articles, or other things pawned or pledged; the
amount of money loaned; the time of pledging the same; the rate
of interest to be paid on the loan; any information about
redemptions, extensions, and renewals of pawned items; the name
and residence of the person making the pawn, pledge, or sale;
digital images of each customer involved in a reportable
transaction and every item pawned, pledged, or sold; the serial
number of each item pawned, pledged, or sold; and the amount of
any fees as specified in Section 2 of this Act.
"Reportable transaction" means any transaction in which a
pawnbroker makes an advancement, loan, or payment to any person
pawning, pledging, or selling any property.
(b) Every pawnbroker shall transmit to the Illinois State
Police the POS data collected for every reportable transaction.
Upon notification by the Illinois State Police of acceptable
computer system standards, it shall be the duty of every
pawnbroker to transmit the POS data daily using the Automated
Pawn System Interchange File Specification. The POS data shall
be transferred electronically from the pawnbroker's computer
system to the Illinois State Police Automated Pawn System. All
required records must be transmitted completely and accurately
after the close of business each day in accordance with

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standards and procedures established by the Illinois State
Police. Every pawnbroker must display a sign of sufficient size
in a conspicuous place in the premises which informs patrons
that all transactions are reported to the Illinois State Police
daily.
Any transaction that does not meet the Automated Pawn
System Interchange File Specification must be corrected and
resubmitted the next business day. If a pawnbroker is unable to
successfully transfer the required reports electronically,
then the pawnbroker must provide the Illinois State Police,
upon request, printed copies of all reportable transactions
along with the video tape for that date by noon of the next
business day. If the problem is determined to be in the
pawnbroker's computer system and is not corrected by the close
of the first business day following the failure, then the
pawnbroker must provide printed copies of the required reports
as detailed in this Section until the error is corrected. If
the problem is determined to be outside of the pawnbroker's
system, then the pawnbroker must continue to provide the
required reports in print format and resubmit all such
transactions electronically when the error is corrected.
(c) In addition to any other fines and penalties imposed
under applicable State and federal laws, a fine of up to $200
may be imposed upon any person who pledges or pawns any stolen
goods, articles, or other items to a pawnbroker and is
subsequently found guilty of theft as defined in Section 16-1

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of the Criminal Code of 1961. This additional amount shall be
assessed by the court imposing sentence and shall be collected
by the Circuit Clerk in addition to any other fines and costs
in the case. Each such additional penalty shall be remitted by
the Circuit Clerk to the State Treasurer for deposit into the
Automated Pawn System Reporting Fund. The Circuit Clerk shall
retain 10% of such penalty to cover the costs incurred in
administering and enforcing this Section.
(d) The Automated Pawn System Reporting Fund is established
as a special fund in the State treasury. Moneys collected
pursuant to this Section shall be deposited into the Fund and
used for the purpose of administering and enforcing this
Section.
Section 90. The State Finance Act is amended by adding
Section 5.719 as follows:
(30 ILCS 105/5.719 new)
Sec. 5.719. The Automated Pawn System Reporting Fund.