Bill Text: IL HB0779 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Creates the Pawnbroker Regulation Act of 2023. Sets forth provisions concerning pawnbroker licensure, pawnbroker supervision, customer rights, and consumer fraud protections. Provides that there shall not be more than 250 active pawnbroker licenses at any one time within the State of Illinois, and that there shall not be more than 150 active pawnbroker licenses issued for specified counties at any one time. Sets forth provisions concerning licensee names, license application process, prohibited acts and practices, license issuance and renewal, license suspension and revocation, confidentiality of information, and record requirements. Sets forth the functions, powers, and duties of the Secretary of Financial and Professional Regulation. Defines terms. Preempts home rule powers. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Makes corresponding changes in other provisions. Repeals the Pawnbroker Regulation Act. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2024-03-22 - Public Act . . . . . . . . . 103-0585 [HB0779 Detail]

Download: Illinois-2023-HB0779-Chaptered.html

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Public Act 103-0585
HB0779 Enrolled LRB103 04371 RPS 49377 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1. General Provisions
Section 1-1. Short title. This Act may be cited as the
Pawnbroker Regulation Act of 2023.
Section 1-5. Definitions.
As used in this Act:
"Applicant" means a person applying for a license pursuant
to this Act.
"Department" means the Department of Financial and
Professional Regulation.
"Licensee" means a person licensed pursuant to this Act.
"Pawn" means the advance of money on the deposit or pledge
of physically delivered personal property, other than property
the ownership of which is subject to a legal dispute or other
exempt property or instruments.
"Pawnbroker" means every individual or business entity
that:
(1) advances money on the pledge of tangible personal
property, other than securities, printed evidence of
indebtedness, or printed evidence of ownership of the

personal property; or
(2) deals in the purchase of personal property on the
condition of selling the property back again at a
stipulated price.
"Pawn customer" means a person who pawns or pledges and
physically delivers personal property in exchange for money.
"Secretary" means the Secretary of Financial and
Professional Regulation, or his or her designee, including the
Director of the Division of Banking of the Department of
Financial and Professional Regulation.
Article 5. Licensure
Section 5-1. Scope; number of pawnbroker licenses.
(a) It is unlawful for any person to operate as a
pawnbroker in Illinois except as authorized by this Act and
without first having obtained a license in accordance with
this Act.
(b) The business of a pawnbroker does not include advances
of money secured by a deposit or pledge of title to personal
property or motor vehicles.
(c) There shall not be more than 250 active pawnbroker
licenses at any one time within the State of Illinois. There
shall not be more than 150 active pawnbroker licenses issued
for the counties of Cook, DuPage, Kane, Lake, McHenry, and
Will at any one time.

Section 5-5. Licensee name.
(a) No person, partnership, association, corporation,
limited liability company, or other entity engaged in the
business regulated by this Act shall operate the business
under a name other than the real names of the entity and
individuals conducting the business. The business may in
addition operate under an assumed corporate name pursuant to
the Business Corporation Act of 1983, an assumed limited
liability company name pursuant to the Limited Liability
Company Act, or an assumed business name pursuant to the
Assumed Business Name Act.
(b) It is unlawful for an individual or business entity to
conduct business in this State using the word "pawn",
"pawnshop", or "pawnbroker" in connection with the business or
to transact business in this State in a manner that has a
substantial likelihood of misleading the public by implying
that the business is a pawnshop, without first obtaining a
license from the Secretary.
Section 5-10. Application process; investigation; fees.
(a) The Secretary shall issue a license upon completion of
all of the following:
(1) The filing of an application for license with the
Secretary or the Nationwide Multistate Licensing System
and Registry as approved by the Secretary.

(2) The filing with the Secretary of a listing of
judgments entered against, and bankruptcy petitions by,
the license applicant for the preceding 10 years.
(3) The payment, in certified funds, of the following
investigation and application fees:
(A) the fees for licensure shall be a $2,000
application fee and an additional $800 fee for
investigation. These fees are nonrefundable; and
(B) the fee for an application renewal shall be
$2,000. The fee is nonrefundable.
(4) An investigation of the application, which
investigation must allow the Secretary to issue positive
findings stating that the financial responsibility,
experience, character, and general fitness of the license
applicant and of the members thereof if the license
applicant is a partnership or association, of the officers
and directors thereof if the license applicant is a
corporation, and of the managers and members that retain
any authority or responsibility under the operating
agreement if the license applicant is a limited liability
company, are such as to command the confidence of the
community and to warrant belief that the business will be
operated honestly, fairly, and efficiently within the
purpose of this Act; if the Secretary does not so find, he
or she shall not issue the license, and he or she shall
notify the license applicant of the denial.

The Secretary may impose conditions on a license if the
Secretary determines that those conditions are necessary or
appropriate. These conditions shall be imposed in writing and
shall continue in effect for the period prescribed by the
Secretary.
(b) All licenses shall be issued to the license applicant.
Upon issuance of the license, a pawnbroker licensee shall be
authorized to engage in the business regulated by this Act.
The license shall remain in full force and effect until it
expires without renewal, is surrendered by the licensee, or
revoked or suspended.
Section 5-15. Application form.
(a) Application for a pawnbroker license must be made in
accordance with Section 5-20 and, if applicable, in accordance
with requirements of the Nationwide Multistate Licensing
System and Registry. The application shall be in writing,
under oath or affirmation, and on a form obtained from and
prescribed by the Secretary, or may be submitted
electronically, with attestation, to the Nationwide Multistate
Licensing System and Registry.
(b) The application shall contain the name, complete
business, and residential address or addresses of the license
applicant. If the license applicant is a partnership,
association, corporation, or other form of business
organization, the application shall contain the names and

complete business and residential addresses of each member,
director, and principal officer thereof. The application shall
also include a description of the activities of the license
applicant in such detail and for such periods as the Secretary
may require, including all of the following:
(1) an affirmation of financial solvency noting such
capitalization requirements as may be required by the
Secretary and access to such credit as may be required by
the Secretary;
(2) an affirmation that the license applicant or its
members, directors, or principals, as may be appropriate,
are at least 18 years of age;
(3) information as to the character, fitness,
financial and business responsibility, background,
experience, and criminal record of any:
(A) person, entity, or ultimate equitable owner
that owns or controls, directly or indirectly, 10% or
more of any class of stock of the license applicant;
(B) person, entity, or ultimate equitable owner
that is not a depository institution, as defined in
Section 1007.50 of the Savings Bank Act, that lends,
provides, or infuses, directly or indirectly, in any
way, funds to or into a license applicant in an amount
equal to or more than 10% of the license applicant's
net worth;
(C) person, entity, or ultimate equitable owner

that controls, directly or indirectly, the election of
25% or more of the members of the board of directors of
a license applicant; or
(D) person, entity, or ultimate equitable owner
that the Secretary finds influences management of the
license applicant; the provisions of this subsection
shall not apply to a public official serving on the
board of directors of a State guaranty agency;
(4) upon written request by the licensee and
notwithstanding the provisions of paragraphs (1) and (2)
of this subsection, the Secretary may permit the licensee
to omit all or part of the information required by those
paragraphs if, instead of the omitted information, the
licensee submits an affidavit stating that the information
submitted on the licensee's previous renewal application
is still true and accurate; then the Secretary may adopt
rules prescribing the form and content of the affidavit
that are necessary to accomplish the purposes of this
Section; and
(5) such other information as required by rules of the
Secretary.
Section 5-20. Pawnbroker license application and issuance.
(a) Applicants for a license shall apply in a form
prescribed by the Secretary. Each form shall contain content
as set forth by rule, regulation, instruction, or procedure of

the Department or Secretary and may be changed or updated as
necessary by the Department or Secretary in order to carry out
the purposes of this Act.
(b) In order to fulfill the purposes of this Act, the
Secretary is authorized to establish relationships or
contracts with the Nationwide Multistate Licensing System and
Registry or other entities designated by the Nationwide
Multistate Licensing System and Registry to collect and
maintain records and process transaction fees or other fees
related to licensees or other persons subject to this Act.
(c) In connection with an application for licensing, the
applicant may be required, at a minimum, to furnish to the
Nationwide Multistate Licensing System and Registry
information concerning the applicant's identity, including:
(1) fingerprints for submission to the Federal Bureau
of Investigation or any governmental agency or entity
authorized to receive such information for a State,
national, and international criminal history background
check; and
(2) personal history and experience in a form
prescribed by the Nationwide Multistate Licensing System
and Registry, including the submission of authorization
for the Nationwide Multistate Licensing System and
Registry and the Secretary to obtain:
(A) an independent credit report obtained from a
consumer reporting agency described in Section 603(p)

of the Fair Credit Reporting Act, 15 U.S.C. 1681a(p);
and
(B) information related to any administrative,
civil, or criminal findings by any governmental
jurisdiction.
(d) For the purposes of this Section, and in order to
reduce the points of contact that the Federal Bureau of
Investigation may have to maintain for purposes of subsection
(c), the Secretary may use the Nationwide Multistate Licensing
System and Registry as a channeling agent for requesting
information from and distributing information to the federal
Department of Justice or any governmental agency.
(e) For the purposes of this Section, and in order to
reduce the points of contact that the Secretary may have to
maintain for purposes of paragraph (2) of subsection (c), the
Secretary may use the Nationwide Multistate Licensing System
and Registry as a channeling agent for requesting and
distributing information to and from any source as directed by
the Secretary.
Section 5-25. Prohibited acts and practices for licensees.
(a) It is a violation of this Act for a licensee subject to
this Act to:
(1) fail to file with the Secretary or Nationwide
Multistate Licensing System and Registry, as applicable,
when due, any report or reports that it is required to file

under any of the provisions of this Act;
(2) commit a crime against the law of this State, any
other state, or of the United States involving moral
turpitude or fraudulent or dishonest dealing, and that no
final judgment has been entered against it in a civil
action upon grounds of fraud, misrepresentation, or deceit
that has not been previously reported to the Secretary;
(3) engage in any conduct that would be cause for
denial of a license;
(4) become insolvent;
(5) submit an application for a license under this Act
that contains a material misstatement;
(6) demonstrate by course of conduct, negligence, or
incompetence in performing any act for which it is
required to hold a license under this Act;
(7) fail to advise the Secretary in writing or the
Nationwide Multistate Licensing System and Registry, as
applicable, of any changes to the information submitted on
the most recent application for license or averments of
record within 30 days after the change; the written notice
must be signed in the same form as the application for the
license being amended;
(8) fail to comply with the provisions of this Act and
with any lawful order, rule, or regulation made or issued
under the provisions of this Act;
(9) fail to submit to periodic examination by the

Secretary as required by this Act; and
(10) fail to advise the Secretary in writing of
judgments entered against and bankruptcy petitions by the
license applicant within 5 days after the occurrence.
(b) A licensee who fails to comply with this Section or
otherwise violates any of the provisions of this Section shall
be subject to the penalties in Section 30-30.
Section 5-30. Refusal to issue license. The Secretary
shall refuse to issue or renew a license if:
(1) it is determined that the applicant is not in
compliance with any provisions of this Act;
(2) there is substantial continuity between the
applicant and any violator of this Act; or
(3) the Secretary cannot make the findings specified
in subsection (a) of Section 5-10.
Section 5-35. License issuance and renewal; fees.
(a) Licenses shall be renewed every year using the common
renewal date of the Nationwide Multistate Licensing System and
Registry, as adopted by the Secretary. Properly completed
renewal application forms and filing fees may be received by
the Secretary 60 days before the license expiration date, but,
to be deemed timely, the completed renewal application forms
and filing fees must be received by the Secretary no later than
30 days before the license expiration date.

(b) It shall be the responsibility of each licensee to
accomplish renewal of its license. Failure by a licensee to
submit a properly completed renewal application form and fees
in a timely fashion, absent a written extension from the
Secretary, shall result in the license becoming inactive.
(c) No activity regulated by this Act shall be conducted
by the licensee when a license becomes inactive. An inactive
license may be reactivated by the Secretary upon payment of
the renewal fee and payment of a reactivation fee equal to the
renewal fee.
(d) A licensee ceasing an activity regulated by this Act
and desiring to no longer be licensed shall so inform the
Secretary in writing and, at the same time, convey any license
issued and all other symbols or indicia of licensure. The
licensee shall include a plan for the withdrawal from
regulated business, including a timetable for the disposition
of the business, and comply with the surrender guidelines or
requirements of the Secretary. Upon receipt of such written
notice, the Secretary shall post the cancellation or issue a
certified statement canceling the license.
(e) The expenses of administering this Act, including
investigations and examinations provided for in this Act,
shall be borne by and assessed against entities regulated by
this Act. Subject to the limitations set forth in Section
5-10, the Department shall establish fees by rule in at least
the following categories:

(1) investigation of licensees and license
applicant fees;
(2) examination fees;
(3) contingent fees; and
(4) such other categories as may be required to
administer this Act.
Article 10. Supervision
Section 10-5. Functions; powers; duties.
The functions, powers, and duties of the Secretary shall
include the following:
(1) to issue or refuse to issue any license as
provided by this Act;
(2) to revoke or suspend for cause any license issued
under this Act;
(3) to keep records of all licenses issued under this
Act;
(4) to receive, consider, investigate, and act upon
complaints made by any person in connection with any
pawnbroker licensee in this State;
(5) to prescribe the forms of and receive:
(A) applications for licenses; and
(B) all reports and all books and records required
to be made by any licensee under this Act;
(6) to adopt rules necessary and proper for the

administration of this Act;
(7) to subpoena documents and witnesses and compel
their attendance and production, to administer oaths and
affirmations, and to require the production of any books,
papers, or other materials relevant to any inquiry
authorized by this Act;
(8) to issue orders against any person, including, but
not limited to, any officer, director, employee,
prospective employee, or agent of the licensee, if the
Secretary has reasonable cause to believe that an unsafe,
unsound, or unlawful practice has occurred, is occurring,
or is about to occur; if any person has violated, is
violating, or is about to violate any law, rule, or
written agreement with the Secretary; or for the purpose
of administering the provisions of this Act and any rule
adopted in accordance with this Act;
(9) to address any inquiries to any licensee, or the
officers thereof, in relation to its activities and
conditions, or any other matter connected with its
affairs, and it shall be the duty of any licensee or person
so addressed to promptly reply in writing to those
inquiries; the Secretary may also require reports from any
licensee at any time the Secretary may deem desirable;
(10) to examine the books and records of every
licensee under this Act;
(11) to enforce provisions of this Act;

(12) to levy fees, fines, and charges for services
performed in administering this Act; the aggregate of all
fees collected by the Secretary on and after the effective
date of this Act shall be paid promptly after receipt,
accompanied by a detailed statement thereof, into the
Pawnbroker Regulation Fund under Section 10-10; the
amounts deposited into that Fund shall be used for the
ordinary and contingent expenses of the Department;
nothing in this Act shall prevent the continuation of the
practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance of
State officers by appropriation from the General Revenue
Fund;
(13) to appoint examiners, supervisors, experts, and
special assistants as needed to effectively and
efficiently administer this Act;
(14) to conduct hearings for the purpose of:
(A) appeals of orders of the Secretary;
(B) suspensions or revocations of licenses, or
fining of licensees;
(C) investigating complaints against licensees;
and
(D) carrying out the purposes of this Act;
(15) to exercise exclusive visitorial power over a
licensee unless otherwise authorized by this Act or as
vested in the courts;

(16) to assign on an emergency basis an examiner or
examiners to monitor the affairs of a licensee with
whatever frequency the Secretary determines appropriate
and to charge the licensee for reasonable and necessary
expenses of the Secretary, if in the opinion of the
Secretary an emergency exists or appears likely to occur;
(17) to impose civil penalties of up to $50 per day
against a licensee for failing to respond to a regulatory
request or reporting requirement;
(18) to enter into agreements in connection with the
Nationwide Multistate Licensing System and Registry; and
(19) to perform any other lawful acts necessary or
desirable to carry out the purposes and provisions of this
Act.
Section 10-10. Pawnbroker Regulation Fund. The Pawnbroker
Regulation Fund, which was established by Public Act 90-477,
shall continue to be a special fund in the State treasury. All
moneys received by the Secretary under this Act in conjunction
with the provisions relating to pawnbrokers shall be deposited
into the Pawnbroker Regulation Fund and used for the
administration of this Act. Moneys in the Pawnbroker
Regulation Fund may be transferred to the Professions Indirect
Cost Fund, as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.

Section 10-15. Examination; prohibited activities.
(a) The business affairs of a licensee under this Act
shall be examined for compliance with this Act as often as the
Secretary deems necessary and proper. The Department may adopt
rules with respect to the frequency and manner of examination.
The Secretary shall appoint a suitable person to perform such
examination. The Secretary and his or her appointees may
examine the entire books, records, documents, and operations
of each licensee and its subsidiary, affiliate, or agent, and
may examine any of the licensee's or its subsidiary's,
affiliate's, or agent's officers, directors, employees, and
agents under oath or affirmation.
(b) The Secretary shall prepare a sufficiently detailed
report of each licensee's examination, shall issue a copy of
the report to each licensee's principals, officers, or
directors, and shall take appropriate steps to ensure
correction of violations of this Act.
(c) Affiliates of a licensee shall be subject to
examination by the Secretary on the same terms as the
licensee, but only if reports from or examination of a
licensee provides for documented evidence of unlawful activity
between a licensee and affiliate benefiting, affecting, or
deriving from the activities regulated by this Act.
(d) The expenses of any examination of the licensee and
affiliates shall be borne by the licensee and assessed by the

Secretary as may be established by rule.
(e) Upon completion of the examination, the Secretary
shall issue a report to the licensee. All confidential
supervisory information, including the examination report and
the work papers of the report, shall belong to the Secretary's
office and may not be disclosed to anyone other than the
licensee, law enforcement officials or other regulatory
agencies that have an appropriate regulatory interest as
determined by the Secretary, or to a party presenting a lawful
subpoena to the Department. The Secretary may, through the
Attorney General, immediately appeal to the court of
jurisdiction the disclosure of such confidential supervisory
information and seek a stay of the subpoena pending the
outcome of the appeal. Reports required of licensees by the
Secretary under this Act and results of examinations performed
by the Secretary under this Act shall be the property of only
the Secretary, but may be shared with the licensee. Access
under this Act to the books and records of each licensee shall
be limited to the Secretary and his or her agents as provided
in this Act and to the licensee and its authorized agents and
designees. No other person shall have access to the books and
records of a licensee under this Act. Any person upon whom a
demand for production of confidential supervisory information
is made, whether by subpoena, order, or other judicial or
administrative process, must withhold production of the
confidential supervisory information and must notify the

Secretary of the demand, at which time the Secretary is
authorized to intervene for the purpose of enforcing the
limitations of this Section or seeking the withdrawal or
termination of the attempt to compel production of the
confidential supervisory information. The Secretary may impose
any conditions and limitations on the disclosure of
confidential supervisory information that are necessary to
protect the confidentiality of that information. Except as
authorized by the Secretary, no person obtaining access to
confidential supervisory information may make a copy of the
confidential supervisory information. The Secretary may
condition a decision to disclose confidential supervisory
information on entry of a protective order by the court or
administrative tribunal presiding in the particular case or on
a written agreement of confidentiality. In a case in which a
protective order or agreement has already been entered between
parties other than the Secretary, the Secretary may
nevertheless condition approval for release of confidential
supervisory information upon the inclusion of additional or
amended provisions in the protective order. The Secretary may
authorize a party who obtained the records for use in one case
to provide them to another party in another case, subject to
any conditions that the Secretary may impose on either or both
parties. The requester shall promptly notify other parties to
a case of the release of confidential supervisory information
obtained and, upon entry of a protective order, shall provide

copies of confidential supervisory information to the other
parties.
(f) The Secretary and employees of the Department shall be
subject to the restrictions provided in Section 2.5 of the
Division of Banking Act, including, without limitation, the
restrictions on:
(1) owning shares of stock or holding any other equity
interest in an entity regulated under this Act or in any
corporation or company that owns or controls an entity
regulated under this Act;
(2) being an officer, director, employee, or agent of
an entity regulated under this Act; and
(3) obtaining a pawn or accepting a gratuity from an
entity regulated under this Act.
Section 10-20. Subpoena power of the Secretary.
(a) The Secretary shall have the power to issue and to
serve subpoenas and subpoenas duces tecum to compel the
attendance of witnesses and the production of all books,
accounts, records, and other documents and materials relevant
to an examination or investigation. The Secretary, or his or
her duly authorized representative, shall have power to
administer oaths and affirmations to any person.
(b) In the event of noncompliance with a subpoena or
subpoena duces tecum issued or caused to be issued by the
Secretary, the Secretary may, through the Attorney General,

petition the circuit court of the county in which the person
subpoenaed resides or has its principal place of business for
an order requiring the subpoenaed person to appear and testify
and to produce such books, accounts, records, and other
documents as are specified in the subpoena duces tecum. The
court may grant injunctive relief restraining the person from
advertising, promoting, soliciting, entering into, offering to
enter into, continuing, or completing any pawn transaction.
The court may grant other relief, including, but not limited
to, the restraint, by injunction or appointment of a receiver,
of any transfer, pledge, assignment, or other disposition of
the person's assets or any concealment, alteration,
destruction, or other disposition of books, accounts, records,
or other documents and materials as the court deems
appropriate, until the person has fully complied with the
subpoena or subpoena duces tecum and the Secretary has
completed an investigation or examination.
(c) If it appears to the Secretary that the compliance
with a subpoena or subpoena duces tecum issued or caused to be
issued by the Secretary pursuant to this Section is essential
to an investigation or examination, the Secretary, in addition
to the other remedies provided for in this Act, may, through
the Attorney General, apply for relief to the circuit court of
the county in which the subpoenaed person resides or has its
principal place of business. The court shall thereupon direct
the issuance of an order against the subpoenaed person

requiring sufficient bond conditioned on compliance with the
subpoena or subpoena duces tecum. The court shall cause to be
endorsed on the order a suitable amount of bond or payment
pursuant to which the person named in the order shall be freed,
having a due regard to the nature of the case.
(d) In addition, the Secretary may, through the Attorney
General, seek a writ of attachment or an equivalent order from
the circuit court having jurisdiction over the person who has
refused to obey a subpoena, who has refused to give testimony,
or who has refused to produce the matters described in the
subpoena duces tecum.
Section 10-25. Inspection of records and reports required
of licensee.
(a) Inspection of records.
(1) The book or computer records, as well as every
article or other thing of value so pawned or pledged,
shall at all times be open to the inspection of the
Secretary, the sheriff of the county, his deputies, or any
members of the police force of any city in the county in
which such pawnbroker does business. In addition, the
Secretary shall be authorized to inspect the books or
records of any business he or she has reasonable cause to
believe is conducting pawn transactions and should be
licensed under this Act.
(2) The book or computer records, pawn tickets, or any

other records required by the Secretary under this Act or
any rule adopted in accordance with this Act shall be
maintained for a period of 3 years after the date on which
the record or ticket was prepared. These records and
tickets shall be open to inspection of the Secretary at
all times during the 3-year period.
(b) Daily report.
(1) Except as provided in paragraph (2) of this
subsection, it shall be the duty of every pawnbroker to
make out and deliver to the sheriff of the county in which
such pawnbroker does business, on each day before noon, a
legible and exact copy from the standard record book, as
required in subsection (a) of Section 15-25, that lists
all personal property and any other valuable thing
received on deposit or purchased during the preceding day,
including the exact time when received or purchased, and a
description of the person or person by whom left in
pledge, or from whom the same were purchased; however, in
cities or towns having 25,000 or more inhabitants, a copy
of the report shall at the same time also be delivered to
the superintendent of police or the chief police officer
of such city or town. The report may be made by computer
printout or input memory device if the format has been
approved by the local law enforcement agency.
(2) In counties with more than 3,000,000 inhabitants,
a pawnbroker must provide the daily report to the sheriff

only if the pawnshop is located in an unincorporated area
of the county. Pawnbrokers located in cities or towns in
such counties must deliver such reports to the
superintendent of police or the chief police officer of
the city or town.
(c) Report to the Secretary. The Secretary, as often as
the Secretary shall deem necessary or proper, may require a
pawnshop to submit a full and detailed report of its
operations including, but not limited to, the number of pawns
made, the amount advanced on pawn transactions, the number and
amount of pawns surrendered to law enforcement, and any
information required for purposes of reporting pursuant to
Section 10-60. The Secretary shall prescribe the form of the
report and establish the date by which the report must be
filed.
Section 10-30. Suspension; revocation of licenses; fines.
(a) Upon written notice to a licensee, the Secretary may
suspend or revoke any license issued pursuant to this Act if,
in the notice, he or she makes a finding of one or more of the
following:
(1) that through separate acts or an act or a course of
conduct, the licensee has violated any provisions of this
Act, any rule adopted by the Department, or any other law,
rule, or regulation of this State or the United States;
(2) that any fact or condition exists that, if it had

existed at the time of the original application for the
license, would have warranted the Secretary in refusing
originally to issue the license; or
(3) that if a licensee is not an individual, any
ultimate equitable owner, officer, director, or member of
the licensed partnership, association, corporation, or
other entity has acted or failed to act in a way that would
be cause for suspending or revoking a license to that
party as an individual.
(b) No license shall be suspended or revoked, except as
provided in this Section, nor shall any licensee be fined
without notice of his or her right to a hearing as provided in
Section 10-75.
(c) The Secretary, on good cause shown that an emergency
exists, may suspend any license for a period not exceeding 180
days, pending investigation.
(d) The provisions of subsection (d) of Section 5-35 shall
not affect a licensee's civil or criminal liability for acts
committed before surrender of a license.
(e) No revocation, suspension, or surrender of any license
shall impair or affect the obligation of any preexisting
lawful contract between the licensee and any person.
(f) Every license issued under this Act shall remain in
force and effect until the license expires without renewal, is
surrendered, is revoked, or is suspended in accordance with
the provisions of this Act, but the Secretary shall have

authority to reinstate a suspended license or to issue a new
license to a licensee whose license has been revoked if no fact
or condition then exists which would have warranted the
Secretary in refusing originally to issue that license under
this Act.
(g) Whenever the Secretary revokes or suspends a license
issued pursuant to this Act or fines a licensee under this Act,
he or she shall execute a written order to that effect. The
Secretary shall post notice of the order on an agency website
maintained by the Secretary or on the Nationwide Multistate
Licensing System and Registry and shall serve a copy of the
order upon the licensee. Any such order may be reviewed in the
manner provided by Section 10-75.
(h) If the Secretary finds any person in violation of the
grounds set forth in subsection (i), he or she may enter an
order imposing one or more of the following penalties:
(1) revocation of license;
(2) suspension of a license subject to reinstatement
upon satisfying all reasonable conditions the Secretary
may specify;
(3) placement of the licensee or applicant on
probation for a period of time and subject to all
reasonable conditions as the Secretary may specify;
(4) issuance of a reprimand;
(5) imposition of a fine not to exceed $25,000 for
each count of separate offense; except that a fine may be

imposed not to exceed $75,000 for each separate count of
offense of paragraph (2) of subsection (i); or
(6) denial of a license.
(i) The following acts shall constitute grounds for which
the disciplinary actions specified in subsection (h) may be
taken:
(1) being convicted or found guilty, regardless of
pendency of an appeal, of a crime in any jurisdiction that
involves fraud, dishonest dealing, or any other act of
moral turpitude;
(2) fraud, misrepresentation, deceit, or negligence in
any pawn transaction;
(3) a material or intentional misstatement of fact on
an initial or renewal application;
(4) insolvency or filing under any provision of the
federal Bankruptcy Code as a debtor;
(5) failure to account or deliver to any person any
property, such as any money, fund, deposit, check, draft,
or other document or thing of value, that has come into his
or her hands and that is not his or her property or that he
or she is not in law or equity entitled to retain, under
the circumstances and at the time which has been agreed
upon or is required by law or, in the absence of a fixed
time, upon demand of the person entitled to such
accounting and delivery;
(6) failure to disburse funds in accordance with

agreements;
(7) having a license, or the equivalent, to practice
any profession or occupation revoked, suspended, or
otherwise acted against, including the denial of licensure
by a licensing authority of this State or another state,
territory, or country for fraud, dishonest dealing, or any
other act of moral turpitude;
(8) failure to comply with an order of the Secretary
or rule made or issued under the provisions of this Act;
(9) engaging in activities regulated by this Act
without a current, active license unless specifically
exempted by this Act;
(10) failure to pay in a timely manner any fee,
charge, or fine under this Act;
(11) failure to maintain, preserve, and keep available
for examination all books, accounts, or other documents
required by the provisions of this Act and the rules of the
Secretary;
(12) refusing, obstructing, evading, or unreasonably
delaying an investigation, information request, or
examination authorized under this Act, or refusing,
obstructing, evading, or unreasonably delaying compliance
with the Secretary's subpoena or subpoena duces tecum; and
(13) failure to comply with or a violation of any
provision of this Act.
(j) A licensee shall be subject to the disciplinary

actions specified in this Act for violations of subsection (i)
by any officer, director, shareholder, joint venture, partner,
ultimate equitable owner, or employee of the licensee.
(k) A licensee shall be subject to suspension or
revocation for unauthorized employee actions only if there is
a pattern of repeated violations by employees or the licensee
has knowledge of the violations or there is substantial harm
to a consumer.
(l) Procedures for surrender of a license include the
following:
(1) The Secretary may, after 10 days' notice by
certified mail to the licensee at the address set forth on
the license, stating the contemplated action and in
general the grounds for the contemplated action and the
date, time, and place of a hearing thereon, and after
providing the licensee with a reasonable opportunity to be
heard at the hearing before the action, fine such licensee
an amount not exceeding $25,000 per violation, or revoke
or suspend any license issued under this Act if he or she
finds that:
(A) the licensee has failed to comply with any
provision of this Act or any order, decision, finding,
rule, regulation, or direction of the Department or
Secretary lawfully made pursuant to the authority of
this Act; or
(B) any fact or condition exists that, if it had

existed at the time of the original application for
the license, clearly would have warranted the
Secretary in refusing to issue the license.
(2) Any licensee may submit an application to
surrender a license, but, upon the Secretary approving the
surrender, it shall not affect the licensee's civil or
criminal liability for acts committed before surrender or
entitle the licensee to a return of any part of the license
fee.
Section 10-35. Investigation of complaints. The Secretary
shall maintain staff and facilities adequate to receive,
record, and investigate complaints and inquiries made by any
person concerning this Act and any licensees under this Act.
Each licensee shall open its books, records, documents, and
offices wherever situated to the Secretary or his or her
appointees as needed to facilitate such investigations.
Section 10-40. Additional investigation and examination
authority. In addition to any authority allowed under this
Act, the Secretary shall have the authority to conduct
investigations and examinations as follows:
(1) For purposes of initial licensing, license
renewal, license discipline, license conditioning, license
revocation or termination, or general or specific inquiry
or investigation to determine compliance with this Act,

the Secretary shall have the authority to access, receive,
and use any books, accounts, records, files, documents,
information, or evidence, including, but not limited to,
the following:
(A) criminal, civil, and administrative history
information, including nonconviction data as specified
in the Criminal Code of 2012;
(B) personal history and experience information,
including independent credit reports obtained from a
consumer reporting agency described in Section 603(p)
of the federal Fair Credit Reporting Act; and
(C) any other documents, information, or evidence
the Secretary deems relevant to the inquiry or
investigation, regardless of the location, possession,
control, or custody of the documents, information, or
evidence.
(2) For the purposes of investigating violations or
complaints arising under this Act or for the purposes of
examination, the Secretary may review, investigate, or
examine any licensee, individual, or person subject to
this Act as often as necessary in order to carry out the
purposes of this Act. The Secretary may direct, subpoena,
or order the attendance of and examine under oath or
affirmation all persons whose testimony may be required
about the pawn transactions or the business or subject
matter of any such examination or investigation, and may

direct, subpoena, or order the person to produce books,
accounts, records, files, and any other documents the
Secretary deems relevant to the inquiry.
(3) Each licensee, individual, or person subject to
this Act shall make available to the Secretary upon
request the books and records relating to the operations
of the licensee, individual, or person subject to this
Act. The Secretary shall have access to those books and
records and interview the officers, principals, employees,
independent contractors, agents, and customers of the
licensee, individual, or person subject to this Act
concerning their business.
(4) Each licensee, individual, or person subject to
this Act shall make or compile reports or prepare other
information as directed by the Secretary in order to carry
out the purposes of this Section, including, but not
limited to:
(A) accounting compilations;
(B) information lists and data concerning pawn
transactions in a format prescribed by the Secretary;
or
(C) other information deemed necessary to carry
out the purposes of this Section.
(5) In making any examination or investigation
authorized by this Act, the Secretary may control access
to any documents and records of the licensee or person

under examination or investigation. The Secretary may take
possession of the documents and records or place a person
in exclusive charge of the documents and records in the
place where they are usually kept. During the period of
control, no person shall remove or attempt to remove any
of the documents or records, except pursuant to a court
order or with the consent of the Secretary. Unless the
Secretary has reasonable grounds to believe the documents
or records of the licensee have been, or are at risk of
being altered or destroyed for purposes of concealing a
violation of this Act, the licensee or owner of the
documents and records shall have access to the documents
or records as necessary to conduct its ordinary business
affairs.
(6) In order to carry out the purposes of this
Section, the Secretary may:
(A) retain attorneys, accountants, or other
professionals and specialists as examiners, auditors,
or investigators to conduct or assist in the conduct
of examinations or investigations;
(B) enter into agreements or relationships with
other government officials or regulatory associations
in order to improve efficiencies and reduce regulatory
burden by sharing resources, standardized or uniform
methods or procedures, and documents, records,
information, or evidence obtained under this Section;

(C) use, hire, contract, or employ public or
privately available analytical systems, methods, or
software to examine or investigate the licensee,
individual, or person subject to this Act;
(D) accept and rely on examination or
investigation reports made by other government
officials, within or outside this State; or
(E) accept audit reports made by an independent
certified public accountant for the licensee,
individual, or person subject to this Act in the
course of that part of the examination covering the
same general subject matter as the audit and may
incorporate the audit report in the report of the
examination, report of investigation, or other writing
of the Secretary.
(7) The authority of this Section shall remain in
effect, whether such a licensee, individual, or person
subject to this Act acts or claims to act under any
licensing or registration law of this State or claims to
act without the authority.
(8) No licensee, individual, or person subject to
investigation or examination under this Section may
knowingly withhold, abstract, remove, mutilate, destroy,
or secrete any books, records, computer records, or other
information.

Section 10-45. Confidential information. In hearings
conducted under this Act, information presented into evidence
that was acquired by the licensee when serving any individual
in connection with a pawn transaction, including all financial
information of the individual, shall be deemed strictly
confidential and shall be made available only as part of the
record of a hearing under this Act or otherwise (i) when the
record is required, in its entirety, for purposes of judicial
review or (ii) upon the express written consent of the
individual served, or in the case of his or her death or
disability, the consent of his or her personal representative.
Section 10-50. Confidentiality.
(a) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, except as otherwise provided in 12 U.S.C. Section
5111, the requirements under any federal law or State law
regarding the privacy or confidentiality of any information or
material provided to the Nationwide Multistate Licensing
System and Registry, and any privilege arising under federal
or State law, including the rules of any federal or State
court, with respect to such information or material, shall
continue to apply to information or material after the
information or material has been disclosed to the Nationwide
Multistate Licensing System and Registry. The information and
material may be shared with all State and federal regulatory

officials with pawnbroker industry oversight authority without
the loss of privilege or the loss of confidentiality
protections provided by federal law or State law.
(b) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, the Secretary is authorized to enter agreements or
sharing into arrangements with other governmental agencies,
the Conference of State Bank Supervisors or other associations
representing governmental agencies as established by rule,
regulation, or order of the Secretary. The sharing of
confidential supervisory information or any information or
material described in subsection (a) pursuant to an agreement
or sharing arrangement shall not result in the loss of
privilege or the loss of confidentiality protections provided
by federal law or State law.
(c) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, information or material that is subject to a
privilege or confidentiality under subsection (a) shall not be
subject to the following:
(1) disclosure under any State law governing the
disclosure to the public of information held by an officer
or an agency of the State; or
(2) subpoena, discovery, or admission into evidence,
in any private civil action or administrative process,
unless with respect to any privilege held by the

Nationwide Multistate Licensing System and Registry with
respect to the information or material, the person to whom
such information or material pertains waives, in whole or
in part, in the discretion of that person, that privilege.
(d) In order to promote more effective regulation and
reduce regulatory burden through supervisory information
sharing, any other law relating to the disclosure of
confidential supervisory information or any information or
material described in subsection (a) that is inconsistent with
subsection (a) shall be superseded by the requirements of this
Section to the extent the other law provides less
confidentiality or a weaker privilege.
Section 10-55. Reports of violations. Any person licensed
under this Act or any other person may report to the Secretary
any information to show that a person subject to this Act is or
may be in violation of this Act. A licensee who files a report
with the Department that another licensee is engaged in one or
more violations pursuant to this Act shall not be the subject
of disciplinary action by the Department, unless the
Department determines, by a preponderance of the evidence
available to the Department, that the reporting person
knowingly or recklessly participated in the violation that was
reported.
Section 10-60. Pawnbroker annual report.

(a) The Department shall, in conjunction with advice from
a professional association that represents 50 or more
licensees, issue an annual report, via an Internet-based
program, of aggregate pawnbroker activity within 180 days
after the beginning of the calendar year. The report shall
contain at a minimum:
(1) The number of licensed pawnbrokers.
(2) The total dollar amount financed.
(3) The total number of pawns for each value threshold
set forth in subsection (c) of Section 15-10.
(4) The total dollar amount of extensions.
(5) The total number of extensions for each value
threshold set forth in subsection (c) of Section 15-10.
(6) The average pawn dollar amount for each value
threshold set forth in subsection (c) of Section 15-10.
(7) The average monthly finance charge for each value
threshold set forth in subsection (c) of Section 15-10.
(8) The percentage of pawns surrendered to law
enforcement.
(9) The percentage of total pawns surrendered to law
enforcement by dollar amount.
(10) The percentage of pawns redeemed.
(11) The percentage of pawns extended.
(12) The total number of pawnbroker employees.
(13) The total number of licensees reporting.
(14) The total number of complaints received and

resolved by the Department.
(15) The total number of defaulted pawn transactions
reported to a credit bureau.
(16) The total number of defaulted pawn transactions
sent to a collection agency.
(17) The total number of defaulted pawn transactions
resulting in wage garnishment or legal action to collect.
(18) The total number of pawn transactions reported to
law enforcement.
(b) The Secretary may retain qualified persons to prepare
and report findings (1) identifying pawns and small dollar
loans that are available to Illinois consumers, (2) collecting
and analyzing pawns and loan-level data for small dollar
loans, and (3) compiling aggregate data and trends for pawns
and small dollar loans used by Illinois consumers. The
Secretary shall make the report available to the Governor, the
General Assembly, and the public.
In this subsection, "pawns and small dollar loans" means
pawns and lending products with a value of $2,500 or less,
including, but not limited to, pawns, consumer installment
loans, and other extensions of credit, whether or not offered
by entities chartered or licensed in Illinois.
Section 10-65. Responsible pawnbroker training; pawnbroker
managers and employees.
(a) A person who manages or is an employee of a pawnbroker

that provides pawnbroker services and related functions shall
complete, within 90 days after commencing employment, a
minimum of 4 hours of training, which may be provided in a
classroom or seminar setting or via Internet-based online
learning programs, such training shall be provided at the
employer's expense and shall be provided by qualified vendor
approved by the Secretary. The training subjects shall be
established by rule, and may include the following:
(1) federal, State, and local laws, administrative
rules, and regulations that pertain to the business of
being a licensed pawnbroker under this Act;
(2) procedures for identifying possible fraudulent
transactions;
(3) anti-money laundering;
(4) store operations, maintenance of records,
inventory management, recording and reporting of serial
numbers;
(5) general product knowledge, including, but not
limited to, jewelry and firearms;
(6) identification, verification, and weighing of
precious metals;
(7) inspections by State and local licensing and law
enforcement authorities, including hold order procedures;
(8) the federal Military Lending Act;
(9) pawn forfeits; and
(10) security, risk, and crisis management.

(b) The training may be provided in a classroom or seminar
setting or via Internet-based online learning programs, as
established by rule. The substance of the training shall be
related to the work performed by the registered employee.
(c) In addition to the training provided for in
subsections (a), registered employees of a pawnbroker shall
complete an additional 4 hours of refresher training on
subjects to be determined by the employer each calendar year
commencing with the calendar year following the employee's
first employment anniversary date, which refresher training
may be site-specific and may be conducted on the job.
(d) It is the responsibility of the pawnbroker or the
Secretary-approved qualified vendor to certify, on a form
prescribed by the Secretary, that the employee has
successfully completed the basic and refresher training. The
original form or a copy shall be a permanent record of training
completed by the employee and shall be placed in the
employee's file with the employer for the period the employee
remains with the employer. The original form or a copy shall be
given to the employee when his or her employment is
terminated. Failure to return the original form or a copy to
the employee is grounds for disciplinary action. The employee
shall not be required to repeat the required training once the
employee has been issued the form. An employer may provide or
require additional training.
(e) It shall be the responsibility of the pawnbroker and

the Secretary-approved qualified training vendor to keep and
maintain a personal log of all training hours earned along
with sufficient documentation necessary for the Secretary to
verify the annual training completed for at least 5 years. The
personal training log and documentation shall be provided to
the Secretary in the same manner as other documentation and
records required under this Act.
(f) Notwithstanding any other professional license a
pawnbroker holds under this Act, no more than 8 hours of annual
training shall be required for any one year.
(g) The license of a pawnbroker whose managers or
employees fail to comply with this Section may be suspended or
revoked or may face other disciplinary action.
(h) The regulation of pawnbroker employee training is an
exclusive power and function of the State. A home rule unit may
not regulate pawnbroker employee training or require a
pawnbroker that is licensed by the State under this Act, or its
employees, to maintain licenses in addition to licensure under
the Act, to operate. This subsection is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(i) Persons seeking the Secretary's approval to offer the
training required by subsection (a) may apply for such
approval between August 1 and August 31 every 4 years in a
manner prescribed by the Secretary.
(j) Persons seeking the Secretary's approval to offer the

training required by subsection (a) shall submit a
nonrefundable application fee of $2,000 or a fee set by rule,
to be deposited into the Pawnbroker Regulation Fund. Any
changes made to the training module shall be approved by the
Secretary.
(k) The Secretary shall not unreasonably deny approval of
a training module, whether in-person or online, that meets all
the requirements of subsection (a). A denial of approval shall
include a detailed description of the reasons for the denial.
(l) A person approved to provide the training required by
subsection (a) shall submit an application for re-approval
between August 1 and August 31 of each even-numbered year and
include a nonrefundable application fee of $2,000 or a fee set
by rule, to be deposited into the Pawnbroker Regulation Fund.
Section 10-70. Rules and regulations.
(a) In addition to such powers as may be prescribed by this
Act, the Department is hereby authorized and empowered to
adopt rules consistent with the purposes of this Act,
including, but not limited to:
(1) rules in connection with the activities of
licensees as may be necessary and appropriate for the
protection of consumers in this State;
(2) rules as may be necessary and appropriate to
define improper or fraudulent business practices in
connection with the activities of licensees in operating

as a pawnbroker;
(3) rules that define the terms used in this Act and as
may be necessary and appropriate to interpret and
implement the provisions of this Act; and
(4) rules as may be necessary for the enforcement of
this Act.
(b) The Secretary is hereby authorized and empowered to
make specific rulings, demands, and findings that he or she
deems necessary for the proper conduct of the pawnbroker
industry.
(c) A person or entity may make a written application to
the Department for a written interpretation of this Act. The
Department may then, in its sole discretion, choose to issue a
written interpretation. To be valid, a written interpretation
must be signed by the Secretary, or his or her designee, and
the Department's general counsel or his or her designee. A
written interpretation expires 2 years after the date that it
was issued.
(d) No provision in this Act that imposes liability or
establishes violations shall apply to any act taken by a
person or entity in conformity with a written interpretation
of this Act that is in effect at the time the act is taken,
notwithstanding whether the written interpretation is later
amended, rescinded, or determined by judicial or other
authority to be invalid for any reason.

Section 10-75. Appeal and review.
(a) Any person or entity affected by a decision of the
Secretary under any provision of this Act may obtain review of
that decision within the Department.
(b) The Department may, in accordance with the Illinois
Administrative Procedure Act, adopt rules to provide for
review within the Department of the Secretary's decisions
affecting the rights of entities under this Act. The review
shall provide for, at a minimum:
(1) appointment of a hearing officer other than a
regular employee of the Division of Banking;
(2) appropriate procedural rules, specific deadlines
for filings, and standards of evidence and of proof; and
(3) provision for apportioning costs among parties to
the appeal.
(c) All final agency determinations of appeals to
decisions of the Secretary may be reviewed in accordance with
and under the provisions of the Administrative Review Law.
Appeals from all final orders and judgments entered by a court
in review of any final administrative decision of the
Secretary or of any final agency review of a decision of the
Secretary may be taken as in other civil cases.
Section 10-80. Violations of this Act; Secretary's orders.
(a) If the Secretary finds, as the result of examination,
investigation, or review of reports submitted by a licensee,

that the business and affairs of a licensee are not being
conducted in accordance with this Act, the Secretary shall
notify the licensee of the correction necessary. If a licensee
fails to correct such violations, the Secretary shall issue an
order requiring immediate correction and compliance with this
Act, specifying a reasonable date for performance.
(b) The Department may adopt rules to provide for an
orderly and timely appeal of all orders within the Department.
The rules may include provision for assessment of fees and
costs.
Section 10-85. Collection of compensation. Unless exempt
from licensure under this Act, no person engaged in or
offering to engage in any act or service for which a license
under this Act is required may bring or maintain any action in
any court of this State to collect compensation for the
performance of the licensable services without alleging and
proving that he or she was the holder of a valid pawnbroker
license under this Act at all times during the performance of
those services.
Section 10-90. Injunction. The Secretary, through the
Attorney General, may maintain an action in the name of the
People of the State of Illinois and may apply for an injunction
in the circuit court to enjoin a person from engaging in
unlicensed pawnbroker activity, to restrain any person from

violating or continuing to violate any of the provisions of
this Act, or to file a complaint to take possession and control
of a pawnshop for the purpose of examination, reorganization,
or liquidation through receivership and to appoint a receiver,
which may be the Secretary, a pawnshop, or another suitable
person
Article 15. Pawn Customer Bill of Rights
Section 15-5. General provisions.
(a) It is unlawful for an individual or business entity to
conduct business in this State using the word "pawn",
"pawnshop", or "pawnbroker" in connection with the business or
to transact business in this State in a manner that has a
substantial likelihood of misleading the public by implying
that the business is a pawnshop, without first obtaining a
license from the Secretary. It shall be unlawful for any
business to advertise in a pawnbroker category, digitally or
in print without including that business's pawnbroker and
Nationwide Multistate Licensing System and Registry license
number.
(b) It is unlawful for an entity licensed under this Act to
do any of the following:
(1) Engage, have engaged, or propose to engage in any
unlawful, unfair, deceptive, or abusive act or practice
with respect to financial products or services.

(2) Offer or provide to a consumer any financial
product or service not in conformity with this Act or
otherwise commit any act or omission in violation of a
financial law.
(3) Fail or refuse, as required by this Act or any rule
or order issued by the Department hereunder, to do any of
the following:
(A) Permit the Department to access or copy
records.
(B) Establish or maintain records.
(C) Make reports or provide information to the
Department.
Section 15-10. Fees.
(a) It is unlawful for any pawnbroker to charge or collect
a greater benefit or percentage upon money advanced, and for
the use and forbearance thereof, than the amount specified in
subsection (c). Nothing in this Section shall be construed to
conflict with the law pertaining to usury and the person
receiving money so advanced may hold the moneys to pay any fees
in addition to interest.
(b) Each pawnbroker, when making a pawn under this
Section, must disclose in printed form on the pawn contract
the following information to the persons receiving the pawn:
(1) the amount of money advanced, which must be
designated as the amount pawned;

(2) the maturity date of the pawn, which must be at
least 30 days after the originating date of the pawn;
(3) the total pawn interest and service charge payable
on the maturity date, which must be designated as the
finance charge;
(4) the total of payments that must be paid to redeem
the pledged goods on the maturity date, which must be
designated as the total of payments; and
(5) the annual percentage rate, computed according to
the regulations adopted by the Consumer Financial
Protection Bureau under the federal Truth in Lending Act.
(c) Each pawnbroker may contract for and receive a monthly
finance charge, including interest and fees not to exceed
one-fifth of the pawn amount for pawns under $500; one-sixth
of the pawn amount for pawns at or above $500 and less than
$1,500; one-eighth of the pawn amount for pawns at or above
$1,500 and less than $5,000; and one-twentieth of the pawn
amount for pawns at or above $5,000, pursuant to Section
15-30, for appraising, investigating title, storing, insuring
the pledged property, making daily reports to local law
enforcement including enhanced computerized reporting, and
complying with regulatory requirements. Such fees, when made
and collected, shall not be deemed interest for any purpose of
law. A pawnbroker shall not require a customer to pay such fees
by means of an electronic fund transfer, as that term is
defined in Section 10 of the Electronic Fund Transfer Act,

including through the use of an automated clearinghouse
system.
(d) Notwithstanding any inconsistent provision of law, a
pawn transaction made pursuant to this Act shall be exempt
from the provisions of the Predatory Loan Prevention Act.
Section 15-15. Display of fee provision. Every pawnbroker
shall at all times have and keep Section 15-10 printed in the
English and Spanish languages and framed and posted in a
prominent and conspicuous position in its place of business,
so that the same shall be plainly legible and visible to all
persons depositing or pledging property with such pawnbroker.
Section 15-20. Disclosure of article description and pawn
terms.
(a) Every pawnbroker shall, at the time of making any
advancement or pawn, deliver to the person pawning or pledging
any property, a memorandum, contract, or note signed by the
person pawning the property containing an accurate account and
description, in the English language, of the following:
(1) All the goods, articles or other things pawned or
pledged.
(2) The amount of money and the time of pledging the
same.
(3) The rate of interest to be paid on the pawn.
(4) The name and residence of the person making the

pawn or pledge.
(5) The dollar amount of any fees as specified in
Section 15-10.
(6) A disclosure that by extending the pawn, the fees
may exceed the value of the item pawned.
(b) The Secretary may adopt rules prescribing the form and
content of the disclosures required by subsection (a).
Section 15-25. Record requirements.
(a) Except in municipalities located in counties having
3,000,000 or more inhabitants, every pawnbroker 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 pawnbroker does business. At the
time of each and every pawn or purchase, an accurate account
and description, in the English language, of each of the items
listed in subsection (a) of Section 15-20 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 that 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 items pawned by the pawnbroker from any
source, including other pawnshop locations owned by the same
pawnbroker, not in the course of a pledge or pawn, 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 by each person selling or pawning any goods, articles,
or other things to the pawnbroker. If the identification shown
is a driver's license, State identification card, or consular
identification card 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,
State identification card, or consular identification card or
does not contain a photograph, 2 forms of identification must
be shown, and one of the 2 forms of identification must include
the person's residence address. These forms of identification
shall include, but not be limited to, any of the following:
passport, 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, gender,
height, and weight along with the photograph.
(c) 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 this 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 this State
of a pawnbroker's identification requirements for persons
selling 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 this State.
(d) A pawnbroker may maintain the records required by
subsection (a) in computer form if the computer form has been
approved by the Secretary or his or her designee, the sheriff
of the county in which the shop is located, and the police
department of the municipality in which the shop is located.
(e) Records, including reports to the Secretary or his or

her designee, 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, however,
use of those records as evidence of a felony or misdemeanor
shall be a proper purpose.
(f) Pawnbrokers and their associations may lawfully give
appropriate governmental agencies computer equipment for the
purpose of transferring information pursuant to this Act.
Section 15-30. Replacement of articles or property;
insurance.
(a) If any articles or property pledged are lost or
rendered inoperable, the pawnbroker shall replace the articles
or property with identical articles or property, except that
if the pawnbroker cannot reasonably obtain identical articles
or property, the pawnbroker shall replace the articles or
property with like articles or property.
(b) No pawnbroker shall conduct business in this State,
unless the pawnbroker maintains insurance coverage covering
all hazards equal to at least 2 times the aggregate value of
the outstanding pawns for items held in pawn. Such insurance
shall be obtained from an insurance company authorized to do
business in Illinois.
(c) The pawnbroker shall file a copy of proof of insurance

coverage with the Secretary. A pawnbroker or an insurance
company shall not cancel the insurance coverage, except upon
notice to the Secretary by certified mail, return receipt
requested. The cancellation is not effective until 30 days
after the Secretary receives the notice.
Section 15-35. Minors. No pawnbroker shall purchase, take,
or receive any pawn, any property of any kind from any minor
who is under 18 years of age, or the ownership of which is in,
or which is claimed by, any such minor, or which may be in the
possession or under the control of any such minor.
Section 15-40. Intoxicated persons; persons convicted of
theft. No pawnbroker shall knowingly or recklessly purchase or
take any article in pawn or purchase from any person appearing
to be intoxicated, nor from any person known to have been
convicted of theft. A law enforcement officer may provide such
criminal conviction information to a pawnbroker. Such
information must be provided in writing.
Section 15-45. 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) 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 subsection (b) of Section 10-25 required to be
delivered to the officer or officers named therein.
Section 15-50. Sale of property.
(a) No personal property pledged or received on deposit by
any pawnbroker shall be permitted to be redeemed from such
pawnbroker for a period of 48 hours after the delivery of the
copy and statement required by subsection (b) of Section 10-25
to be delivered to the officer or officers named therein.
(b) 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 subsection (b) of Section 10-25 to be delivered to the
officer or officers named therein.
(c) If the pawner fails to repay or extend the pawn during
the period specified on the pawn ticket, the pawnbroker shall
automatically extend a grace period of 30 days after the

default date on the pawn during which the pawnbroker shall not
dispose of or sell the personal property pawned. The parties
may agree to extend or renew a pawn upon terms agreed upon by
the parties, if the terms comply with the requirements of this
Act. Title to the pledged property transfers to the pawnbroker
after the default date grace period expires or upon expiration
of an agreed extension.
(d) A county or municipality, including a home rule unit,
may regulate holding periods in a manner that is more
restrictive than the regulation provided in this Section.
(e) A home rule unit may not regulate the holding periods
in this Section in a manner less restrictive than the
regulation by this 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 this State.
Section 15-55. Hold order.
(a) For the purposes of this Section, "hold order" means a
written legal instrument issued to a pawnbroker by a law
enforcement officer commissioned by the law enforcement agency
of the municipality or county that licenses and regulates the
pawnbroker, evidencing a criminal law enforcement
investigation, and ordering the pawnbroker to retain physical
possession of pawned goods in the possession of the pawnbroker
or property purchased by and in the possession of the

pawnbroker and to not return, sell, or otherwise dispose of
such property as such property is believed to be
misappropriated goods.
(b) Upon written notice from a law enforcement officer
indicating that property in the possession of a pawnbroker and
subject to a hold order is needed for the purpose of furthering
a criminal investigation and prosecution, the pawnbroker shall
release the property subject to the hold order to the custody
of the law enforcement officer for such purpose and the law
enforcement officer shall provide a written acknowledgment
that the property has been released to the officer. The
release of the property to the custody of the law enforcement
officer shall not be considered a waiver or release of the
pawnbroker's property rights or interest in the property. Upon
completion of the criminal investigation, the property shall
be returned to the pawnbroker who consented to its release;
except that:
(1) if the criminal investigation took place within a
county or counties with a population of less than 300,000
and that investigation:
(A) has determined that the property is stolen
property,
(B) has determined that the fair market value of
the stolen property is $500 or less,
(C) has identified the rightful owner of the
stolen property, and

(D) contains a court-admissible sworn statement by
the rightful owner that they are the true owners of the
stolen property, then law enforcement shall return the
property to that owner without the payment of the
money advanced by the pawnbroker or any costs or
charges of any kind that the pawnbroker may have
placed upon the same; or
(2) if the criminal investigation took place within a
county or counties with a population of more than 300,000
and that investigation:
(A) has determined that the property is stolen
property,
(B) has determined that the then-fair market value
of the stolen property is $1,000 or less,
(C) has identified the rightful owner of the
stolen property, and
(D) contains a court-admissible sworn statement by
the rightful owner that they are the true owners of the
stolen property, then law enforcement shall return the
property to that owner without the payment of the
money advanced by the pawnbroker or any costs or
charges of any kind that the pawnbroker may have
placed upon the same.
(c) After the return of said property, the pawnbroker
shall not be liable to any private person or government entity
for any further claims on the returned property. Law

enforcement shall provide all information related to such
persons involved in the investigation to the pawnbroker,
including the investigative report, without the need for a
subpoena, court order, or further legal action of government
filing. The hold order shall expire on the 120th day after it
is issued, at which time the pawnbroker may exercise its
rights under any applicable pawn ticket or extension. If the
law enforcement officer has not completed the criminal
investigation within 120 days after the issuance of the hold
order, the officer shall immediately return any property in
law enforcement custody to the pawnbroker or obtain and
furnish to the pawnbroker a warrant for a maximum 120-day hold
order extension and, as applicable, continued law enforcement
custody of the property.
The pawnbroker shall not release or dispose of the
property, except pursuant to a court order or the expiration
of the holding period of the hold order, including all
extensions.
In cases where criminal charges have been filed and the
property may be needed as evidence, the prosecuting attorney
shall notify the pawnbroker in writing. The notice shall
contain the case number, the style of the case, and a
description of the property. The pawnbroker shall hold the
property until receiving notice of the disposition of the case
from the prosecuting attorney. The prosecuting attorney shall
notify the pawnbroker and claimant in writing within 15 days

after the disposition of the case.
(d) A hold order, and a foregoing notice of criminal
charges, must specify:
(1) the name and address of the pawnbroker;
(2) the law enforcement investigation number, the
name, title, and identification number of the law
enforcement officer placing the hold order or the court
placing the hold order;
(3) a complete description of the property to be held,
including model number and serial number if available, to
law enforcement;
(4) the name of the alleged owner or person reporting
the alleged misappropriated property, unless otherwise
prohibited by law;
(5) the mailing address of the pawnbroker where the
property is held; and
(6) the issuance and expiration date of the holding
period.
(e) The pawnbroker or the pawnbroker's representative must
sign and date a copy of the hold order as evidence of receipt
of the hold order and the beginning of the 120-day holding
period.
Article 20. Consumer Fraud Protections
Section 20-5. Enforcement; Consumer Fraud and Deceptive

Business Practices Act. The Attorney General may enforce a
violation of Article 15 of this Act as an unlawful practice
under the Consumer Fraud and Deceptive Business Practices Act.
Article 25. Transition provisions
Section 25-5. Savings provisions.
(a) This Act is intended to replace the Pawnbroker
Regulation Act in all respects.
(b) Beginning on the effective date of this Act, the
rights, powers, and duties exercised by the Department of
Financial and Professional Regulation under the Pawnbroker
Regulation Act shall continue to be vested in, to be the
obligation of, and to be exercised by the Department of
Financial and Professional Regulation under the provisions of
this Act.
(c) This Act does not affect any act done, ratified, or
cancelled, any right occurring or established, or any action
or proceeding commenced in an administrative, civil, or
criminal cause before the effective date of this Act by the
Department of Financial and Professional Regulation under the
Pawnbroker Regulation Act. Those actions or proceedings may be
prosecuted and continued by the Department of Financial and
Professional Regulation under this Act.
(d) This Act does not affect any license, certificate,
permit, or other form of licensure issued by the Department of

Financial and Professional Regulation under the Pawnbroker
Regulation Act. All such licenses, certificates, permits, or
other form of licensure shall continue to be valid under the
terms and conditions of this Act.
(e) The rules adopted by the Department of Financial and
Professional Regulation relating to the Pawnbroker Regulation
Act, unless inconsistent with the provisions of this Act, are
not affected by this Act, and on the effective date of this
Act, those rules become rules under this Act.
(f) This Act does not affect any discipline, suspension,
or termination that has occurred under the Pawnbroker
Regulation Act or other predecessor Act. Any action for
discipline, suspension, or termination instituted under the
Pawnbroker Regulation Act shall be continued under this Act.
Article 90. Amendatory Provisions
Section 90-5. The Division of Banking Act is amended by
changing Sections 2.5 and 5 as follows:
(20 ILCS 3205/2.5)
Sec. 2.5. Prohibited activities.
(a) For the purposes of this Section, "regulated entity"
means any person, business, company, corporation, institution,
or other entity who is subject to regulation by the Office of
Banks and Real Estate under Sections 3 and 46 of the Illinois

Banking Act, Section 1-5 of the Illinois Savings and Loan Act
of 1985, Section 1004 of the Savings Bank Act, Section 1-3 of
the Residential Mortgage License Act of 1987, Section 2-4 of
the Corporate Fiduciary Act, Section 3.02 of the Illinois Bank
Holding Company Act of 1957, the Savings and Loan Share and
Account Act, Section 1.5 of the Pawnbroker Regulation Act of
2023, Section 3 of the Foreign Banking Office Act, or Section
30 of the Electronic Fund Transfer Act.
(b) The Commissioner and the deputy commissioners shall
not be an officer, director, employee, or agent of a regulated
entity or of a corporation or company that owns or controls a
regulated entity.
The Commissioner and the deputy commissioners shall not
own shares of stock or hold any other equity interest in a
regulated entity or in a corporation or company that owns or
controls a regulated entity. If the Commissioner or a deputy
commissioner owns shares of stock or holds an equity interest
in a regulated entity at the time of appointment, he or she
shall dispose of such shares or other equity interest within
120 days from the date of appointment.
The Commissioner and the deputy commissioners shall not
directly or indirectly obtain a loan from a regulated entity
or accept a gratuity from a regulated entity that is intended
to influence the performance of official duties.
(c) Employees of the Office of Banks and Real Estate shall
not be officers, directors, employees, or agents of a

regulated entity or of a corporation or company that owns or
controls a regulated entity.
Except as provided by standards which the Office of Banks
and Real Estate may establish, employees of the Office of
Banks and Real Estate shall not own shares of stock or hold any
other equity interest in a regulated entity or in a
corporation or company that owns or controls a regulated
entity, or directly or indirectly obtain a loan from a
regulated entity, or accept a gratuity from a regulated entity
that is intended to influence the performance of official
duties. However, in no case shall an employee of the Office of
Banks and Real Estate participate in any manner in the
examination or direct regulation of a regulated entity in
which the employee owns shares of stock or holds any other
equity interest, or which is servicing a loan to which the
employee is an obligor.
(d) If the Commissioner, a deputy commissioner, or any
employee of the Office of Banks and Real Estate properly
obtains a loan or extension of credit from an entity that is
not a regulated entity, and the loan or extension of credit is
subsequently acquired by a regulated entity or the entity
converts to become a regulated entity after the loan is made,
such purchase by or conversion to a regulated entity shall not
cause the loan or extension of credit to be deemed a violation
of this Section.
Nothing in this Section shall be deemed to prevent the

ownership of a checking account, a savings deposit account, a
money market account, a certificate of deposit, a credit or
debit card account, or shares in open-end investment companies
registered with the Securities and Exchange Commission
pursuant to the federal Investment Company Act of 1940 and the
Securities Act of 1933 (commonly referred to as mutual or
money market funds).
(e) No Commissioner, deputy commissioner, employee, or
agent of the Office of Banks and Real Estate shall, either
during or after the holding of his or her term of office or
employment, disclose confidential information concerning any
regulated entity or person except as authorized by law or
prescribed by rule. "Confidential information", as used in
this Section, means any information that the person or officer
obtained during his or her term of office or employment that is
not available from the Office of Banks and Real Estate
pursuant to a request under the Freedom of Information Act.
(Source: P.A. 97-492, eff. 1-1-12.)
(20 ILCS 3205/5) (from Ch. 17, par. 455)
Sec. 5. Powers. In addition to all the other powers and
duties provided by law, the Commissioner shall have the
following powers:
(a) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
the Illinois Banking Act.

(b) To exercise the rights, powers and duties formerly
vested by law in the Department of Financial Institutions
under "An act to provide for and regulate the administration
of trusts by trust companies", approved June 15, 1887, as
amended.
(c) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
"An act authorizing foreign corporations, including banks and
national banking associations domiciled in other states, to
act in a fiduciary capacity in this state upon certain
conditions herein set forth", approved July 13, 1953, as
amended.
(c-5) To exercise all of the rights, powers, and duties
granted to the Director or Secretary under the Illinois
Banking Act, the Corporate Fiduciary Act, the Electronic Fund
Transfer Act, the Illinois Bank Holding Company Act of 1957,
the Savings Bank Act, the Illinois Savings and Loan Act of
1985, the Savings and Loan Share and Account Act, the
Residential Mortgage License Act of 1987, and the Pawnbroker
Regulation Act of 2023.
(c-15) To enter into cooperative agreements with
appropriate federal and out-of-state state regulatory agencies
to conduct and otherwise perform any examination of a
regulated entity as authorized under the Illinois Banking Act,
the Corporate Fiduciary Act, the Electronic Fund Transfer Act,
the Illinois Bank Holding Company Act of 1957, the Savings

Bank Act, the Illinois Savings and Loan Act of 1985, the
Residential Mortgage License Act of 1987, and the Pawnbroker
Regulation Act of 2023.
(d) Whenever the Commissioner is authorized or required by
law to consider or to make findings regarding the character of
incorporators, directors, management personnel, or other
relevant individuals under the Illinois Banking Act, the
Corporate Fiduciary Act, the Pawnbroker Regulation Act of
2023, or at other times as the Commissioner deems necessary
for the purpose of carrying out the Commissioner's statutory
powers and responsibilities, the Commissioner shall consider
criminal history record information, including nonconviction
information, pursuant to the Criminal Identification Act. The
Commissioner shall, in the form and manner required by the
Illinois State Police and the Federal Bureau of Investigation,
cause to be conducted a criminal history record investigation
to obtain information currently contained in the files of the
Illinois State Police or the Federal Bureau of Investigation,
provided that the Commissioner need not cause additional
criminal history record investigations to be conducted on
individuals for whom the Commissioner, a federal bank
regulatory agency, or any other government agency has caused
such investigations to have been conducted previously unless
such additional investigations are otherwise required by law
or unless the Commissioner deems such additional
investigations to be necessary for the purposes of carrying

out the Commissioner's statutory powers and responsibilities.
The Illinois State Police shall provide, on the Commissioner's
request, information concerning criminal charges and their
disposition currently on file with respect to a relevant
individual. Information obtained as a result of an
investigation under this Section shall be used in determining
eligibility to be an incorporator, director, management
personnel, or other relevant individual in relation to a
financial institution or other entity supervised by the
Commissioner. Upon request and payment of fees in conformance
with the requirements of Section 2605-400 of the Illinois
State Police Law, the Illinois State Police is authorized to
furnish, pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
(e) When issuing charters, permits, licenses, or other
authorizations, the Commissioner may impose such terms and
conditions on the issuance as he deems necessary or
appropriate. Failure to abide by those terms and conditions
may result in the revocation of the issuance, the imposition
of corrective orders, or the imposition of civil money
penalties.
(f) If the Commissioner has reasonable cause to believe
that any entity that has not submitted an application for
authorization or licensure is conducting any activity that
would otherwise require authorization or licensure by the

Commissioner, the Commissioner shall have the power to
subpoena witnesses, to compel their attendance, to require the
production of any relevant books, papers, accounts, and
documents, and to conduct an examination of the entity in
order to determine whether the entity is subject to
authorization or licensure by the Commissioner or the
Division. If the Secretary determines that the entity is
subject to authorization or licensure by the Secretary, then
the Secretary shall have the power to issue orders against or
take any other action, including initiating a receivership
against the unauthorized or unlicensed entity.
(g) The Commissioner may, through the Attorney General,
request the circuit court of any county to issue an injunction
to restrain any person from violating the provisions of any
Act administered by the Commissioner.
(h) Whenever the Commissioner is authorized to take any
action or required by law to consider or make findings, the
Commissioner may delegate or appoint, in writing, an officer
or employee of the Division to take that action or make that
finding.
(i) Whenever the Secretary determines that it is in the
public's interest, he or she may publish any cease and desist
order or other enforcement action issued by the Division.
(Source: P.A. 102-538, eff. 8-20-21.)
(205 ILCS 510/Act rep.)

Section 90-10. The Pawnbroker Regulation Act is repealed.
Section 90-15. The Uniform Commercial Code is amended by
changing Section 9-201 as follows:
(810 ILCS 5/9-201) (from Ch. 26, par. 9-201)
Sec. 9-201. General effectiveness of security agreement.
(a) General effectiveness. Except as otherwise provided in
the Uniform Commercial Code, a security agreement is effective
according to its terms between the parties, against purchasers
of the collateral, and against creditors.
(b) Applicable consumer laws and other law. A transaction
subject to this Article is subject to any applicable rule of
law, statute, or regulation which establishes a different rule
for consumers, including:
(1) the Retail Installment Sales Act;
(2) the Motor Vehicle Retail Installment Sales Act;
(3) Article II of Chapter 3 of the Illinois Vehicle
Code;
(4) Article IIIB of the Boat Registration and Safety
Act;
(5) the Pawnbroker Regulation Act of 2023;
(6) the Motor Vehicle Leasing Act;
(7) the Consumer Installment Loan Act; and
(8) the Consumer Deposit Security Act of 1987.
(c) Other applicable law controls. In case of conflict

between this Article and a rule of law, statute, or regulation
described in subsection (b), the rule of law, statute, or
regulation controls. Failure to comply with a rule of law,
statute, or regulation described in subsection (b) has only
the effect such rule of law, statute, or regulation specifies.
(d) Further deference to other applicable law. This
Article does not:
(1) validate any rate, charge, agreement, or practice
that violates a rule of law, statute, or regulation
described in subsection (b); or
(2) extend the application of the rule of law,
statute, or regulation to a transaction not otherwise
subject to it.
(Source: P.A. 91-893, eff. 7-1-01.)
Section 90-20. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2BBBB as follows:
(815 ILCS 505/2BBBB new)
Sec. 2BBBB. Violations of the Pawnbroker Regulation Act of
2023. Any person who violates Article 15 of the Pawnbroker
Regulation Act of 2023 commits an unlawful practice within the
meaning of this Act.
Article 99. Severability; Effective Date

Section 99-97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.