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| Public Act 099-0188
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| SB1820 Enrolled | LRB099 06493 MGM 26565 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Pawnbroker Regulation Act is amended by |
changing Sections 5 and 10 and by adding Section 9.5 as |
follows:
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(205 ILCS 510/5) (from Ch. 17, par. 4655)
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Sec. 5. Record requirements.
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(a) Except in municipalities located in counties having |
3,000,000 or more
inhabitants, every pawn and loan broker shall |
keep a standard record book
that has been approved by the |
sheriff of the county in which the pawnbroker
does business. In |
municipalities in counties with
3,000,000 or more inhabitants, |
the record book shall be approved by the police
department of |
the municipality in which the pawn or loan broker does |
business.
At the time of each and every loan or taking of a |
pledge,
an accurate account and description, in the English |
language, of all the
goods, articles and other things pawned or |
pledged, the amount of money,
value or thing loaned thereon, |
the time of pledging the same, the rate of
interest to be paid |
on such loan, and the name and residence of the person
making |
such pawn or pledge shall be printed, typed, or written in ink |
in
the record book. Such entry shall include the serial number |
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or
identification number of items received which bear such
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number. Except for items purchased from dealers possessing a |
federal employee
identification number who have provided a |
receipt to the pawnbroker, every
pawnbroker shall also record |
in his book, an accurate account and description,
in the |
English language, of all goods, articles and other things |
purchased or
received for the purpose of resale or loan |
collateral by the pawnbroker from
any source, including other |
pawnshop locations owned by the same pawnbroker, not in the |
course of a pledge or loan, the time of such purchase
or |
receipt and the name and address of the person or business |
which sold or
delivered such goods, articles, or other things |
to the pawnbroker. No entry
in such book shall be erased, |
mutilated or changed.
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(b) Every pawnbroker shall require identification to be
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shown him by each person pledging or pawning any goods, |
articles or other
things to the pawnbroker. If the |
identification shown is a driver's license
or a State |
identification card issued by the Secretary of State and |
contains a
photograph of the person being identified,
only one |
form of identification must be shown. If the identification |
shown
is not a driver's license or a State identification card |
issued by the
Secretary
of State and does not contain a |
photograph, 2 forms of identification must be
shown, and one of |
the 2 forms of
identification must
include his or her residence |
address. These forms of identification shall
include, but not |
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be limited to, any of the following: driver's license,
social |
security card, utility bill, employee or student |
identification card,
credit card, or a civic, union or |
professional association membership card.
In addition, in a |
municipality with a population of 1,000,000 or more
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inhabitants, if the customer does not have an identification |
issued by a
governmental entity containing a photograph of the |
person being identified, the
pawnbroker shall photograph the |
customer in color and record the customer's
name, residence |
address, date of birth, social security number, gender, height,
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and weight on the reverse side of the photograph. If the |
customer has no
social security number,
the pawnbroker shall |
record this fact.
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A county or municipality, including a home rule unit, may |
regulate a
pawnbroker's identification requirements for |
persons pledging or pawning goods,
articles, or other things to |
the pawnbroker in a manner that is not less
restrictive than |
the regulation by the State of a pawnbroker's identification
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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
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or pawning goods, articles, or other things to the pawnbroker |
in a manner less
restrictive than the regulation by the State |
of a pawnbroker's identification
requirements for persons |
pledging or pawning goods, articles, or other things.
This |
Section is a limitation under subsection (i) of Section 6 of |
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Article VII
of the Illinois Constitution on the concurrent |
exercise by home rule units of
the powers and functions |
exercised by the State.
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(c) A pawnbroker may maintain the records required by |
subsection (a) in
computer form if the computer form has been |
approved by the Commissioner, the
sheriff of the county in |
which the shop is located, and the police department
of the |
municipality in which the shop is located.
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(d) Records, including reports to the Secretary, |
maintained by
pawnbrokers shall be confidential, and no |
disclosure of pawnbroker records
shall be made except |
disclosures authorized by this Act or ordered by a court
of |
competent jurisdiction. No record transferred to a |
governmental official
shall be improperly disclosed, provided |
that use of those records as evidence
of a felony or |
misdemeanor shall be a proper purpose.
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(e) Pawnbrokers and their associations may lawfully give |
appropriate
governmental agencies computer equipment for the |
purpose of transferring
information pursuant to this Act.
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(Source: P.A. 96-1038, eff. 7-14-10.)
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(205 ILCS 510/9.5 new) |
Sec. 9.5. Altered property; serial number and |
manufacturer's identification number. |
(a) No pawnbroker shall receive or purchase any article if |
the manufacturer's make, model, or serial number, personal |
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identification number, or identifying marks engraved or etched |
upon an item of personal property has been removed, altered, or |
obliterated. |
(b) The prohibition in subsection (a) of this Section does |
not apply if the article's manufacturer's make, model, or |
serial number, personal identification number, or identifying |
marks have been worn in the ordinary course of use. However, no |
article described in this subsection (b) shall be sold or |
transferred to another pawnshop location of such pawnbroker for |
a period of 15 days after the delivery of the copy and |
statement required by Section 7 of this Act required to be |
delivered to the officer or officers
named therein.
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(205 ILCS 510/10) (from Ch. 17, par. 4660)
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Sec. 10. Sale of property. No personal property pledged or |
received on deposit or
pledge or purchased
by any pawnbroker |
shall be sold or permitted to be redeemed or
removed from the |
place of business of such pawnbroker for a period the space of
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48 hours after the delivery of the copy and statement
required |
by
Section 7 of this Act required to be delivered to the |
officer or officers
named therein. No personal property |
purchased by any pawnbroker shall be sold or removed from the |
place of business or transferred to another pawnshop location |
of such pawnbroker for a period of 10 days after the delivery |
of the copy and statement required by Section 7 of this Act |
required to be delivered to the officer or officers named |
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therein. If the pawner or pledger fails to repay the loan |
during the
period specified on the pawn ticket, the pawnbroker |
shall automatically extend
a grace period of 30 days from the |
default date on the loan during which
the pawnbroker shall not |
dispose of or sell the personal property pledged. The
parties |
may agree to extend or renew a loan upon terms agreed upon by |
the
parties, provided the terms comply with the requirements of |
this Act. A county or municipality, including a home rule unit, |
may regulate these holding periods in a manner that is more |
restrictive than the regulation provided in this Section 10. A |
home rule unit may not regulate these holding periods in a |
manner less restrictive than the regulation by the State. This |
Section is a limitation under subsection (i) of Section 6 of |
Article VII of the Illinois Constitution on the concurrent |
exercise by home rule units of the powers and functions |
exercised by the State.
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(Source: P.A. 90-477, eff. 7-1-98.)
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