HB1678 95TH GENERAL ASSEMBLY

LRB095 08429 MJR 28604 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1678

Introduced 2/22/2007, by Rep. Joseph M. Lyons

SYNOPSIS AS INTRODUCED:

205 ILCS 510/7

from Ch. 17, par. 4657

Amends the Pawnbroker Regulation Act. Requires a resale vendor to provide transactional information to the superintendent or chief of police of the city or town in which he or she is doing business or to the sheriff of the county in which he or she is doing business, on a daily basis by the end of the next business day or on such less frequent basis as required by the law enforcement official. Contains provisions concerning the means a resale vendor shall provide the law enforcement official with the daily report. Requires resale vendors to hold all items purchased from the public for a period of 21 days after transmitting transactional information via facsimile or U.S. Postal Service or 10 days after transmitting transactional information electronically prior to selling, distributing, or altering goods in any way. Provides that in counties with more than 3,000,000 inhabitants, a resale vendor must provide the daily report to the sheriff only if the pawnshop or resale vendor is located in an unincorporated area of the county. Provides that not-for-profit organizations, charities, and businesses or corporations solely involved in the business of buying and selling clothing are exempt from reporting. Provides that resale vendors are not required to incur any costs or increased fees as the result of the city, town, or county collecting or processing records electronically.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Pawnbroker Regulation Act is amended by changing Section 7 as follows:

(205 ILCS 510/7) (from Ch. 17, par. 4657)

Sec. 7. Daily report.

(a) For purposes of this Section:

"Personally identifiable information" consists of the pledgor's: (i) name and address; (ii) sex, race, and approximate height; (iii) date of birth; and (iv) distinctive number from the pledgor's driver's license or identification by a government agency or the United States Postal Service.

"Resale vendor" means any business or corporation in the State that purchases goods directly from the public.

"Transactional information" consists of the following: (i) a clear and accurate description of the pledged things, including model and serial numbers if indicated on things; (ii) the date of the original transaction; (iii) the maturity date of the original transaction; and (iv) the date and amount of each payment made on a transaction, including any extensions made.

(b) Every resale vendor shall provide all transactional information obtained to the superintendent or chief of police of the city or town in which he or she is doing business or to the sheriff of the county in which he or she is doing business, on a daily basis by the end of the next business day or on such less frequent basis as is required by the law enforcement official. The means for providing the transactional information required under this Section shall be selected by the law enforcement official and shall be one of the following:

(1) By electronic transmission if the resale vendor has the means available to make transmissions in electronic form.

(2) By sending a facsimile.

(3) By mailing through the U.S. Postal Service.

In the event transactional information is transmitted electronically pursuant to item (1) of this subsection (b), the appropriate law enforcement official may, for purposes of an investigation of a crime relating to a particular transaction, request the resale vendor to mail or fax the official the personally identifiable information relating to such transaction under investigation. The resale vendor shall deliver the personally identifiable information relating to the identified transaction to the appropriate law enforcement official within 24 hours after the request. In the event the resale vendor transfers information in printed form pursuant to items (2) or (3) of this subsection (b), the resale vendor shall not also be required to transmit such information in electronic form pursuant to item (1) of this subsection (b).

(c) Resale vendors must hold all items purchased from the public for a period of 21 days after transmitting transactional information via facsimile or U.S. Postal Service or 10 days after transmitting transactional information electronically prior to selling, distributing, or altering goods in any way.

(d) (a) Except as provided in subsection (e) (b), 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 the hours of 12 o'clock noon, a legible and exact copy from the standard record book, as required in Section 5 of this Act, 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; provided, that in cities or towns having 25,000 or more inhabitants, a copy of the such report shall at the same time also be delivered to the superintendent of police or the chief police officer of such city or town. Such report may be made by computer printout or input memory device if the format has been approved by the local law enforcement agency.

(e) (b) In counties with more than 3,000,000 inhabitants, a pawnbroker or resale vendor must provide the daily report to the sheriff only if the pawnshop or resale vendor is located in an unincorporated area of the county. Pawnbrokers or resale vendors located in cities or towns in such counties must deliver such reports to the superintendent of police or the chief police officer of such city or town.

(f) Not-for-profit organizations, charities, and businesses or corporations solely involved in the business of buying and selling clothing are exempt from reporting under subsection (b) of this Section.

(g) Resale vendors are not required to incur any costs or increased fees as the result of the city, town, or county collecting or processing records electronically under this Section.

(Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)