Full Text of HB1678 95th General Assembly
HB1678ham001 95TH GENERAL ASSEMBLY
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Registration and Regulation Committee
Filed: 3/14/2007
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LRB095 08429 MJR 33310 a |
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| AMENDMENT TO HOUSE BILL 1678
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| AMENDMENT NO. ______. Amend House Bill 1678 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Pawnbroker Regulation Act is amended by | 5 |
| changing Section 7 as follows:
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| (205 ILCS 510/7) (from Ch. 17, par. 4657)
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| Sec. 7. Daily report.
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| (a) For purposes of this Section: | 9 |
| "Reportable data" consists of the resale vendor's customer | 10 |
| data, including:
(i) name and address;
(ii) sex, race, and | 11 |
| approximate height;
(iii) date of birth; and
(iv) distinctive | 12 |
| number from the customer's driver's license or identification | 13 |
| by a government agency or the United States Postal Service. | 14 |
| "Resale vendor" means any business or corporation in the | 15 |
| State that purchases goods directly from the public, except | 16 |
| businesses or corporations principally involved in the |
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| business of buying and selling vehicles that are already | 2 |
| required to have title, not-for-profit organizations, | 3 |
| charities, and businesses or corporations solely involved in | 4 |
| the business of buying and selling clothing. | 5 |
| "Transactional information" consists of the following:
(i) | 6 |
| a clear and accurate description of the pledged things, | 7 |
| including model and serial numbers if indicated on those | 8 |
| things;
(ii) the date of the original transaction;
(iii) the | 9 |
| maturity date of the original transaction;
and (iv) the date | 10 |
| and amount of each payment made on a transaction, including any | 11 |
| extensions made. | 12 |
| "Third party provider" means a commercial enterprise | 13 |
| primarily engaged in the business of establishing and | 14 |
| maintaining an Internet repository for reportable data to law | 15 |
| enforcement.
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| (b) Every resale vendor shall provide all transactional | 17 |
| information obtained to the superintendent or chief of police | 18 |
| of the city or town in which he or she is doing business or to | 19 |
| the sheriff of the county in which he or she is doing business, | 20 |
| on a daily basis by the end of the next business day or on such | 21 |
| less frequent basis as is required by the law enforcement | 22 |
| official. The means for providing the transactional | 23 |
| information required under this Section shall be selected by | 24 |
| the law enforcement official and shall be one of the following: | 25 |
| (1) By electronic transmission if the resale vendor has | 26 |
| the means available to make transmissions in electronic |
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| form. | 2 |
| (2) By sending a facsimile. | 3 |
| (3) By mailing through the U.S. Postal Service. | 4 |
| In the event transactional information is transmitted | 5 |
| electronically pursuant to item (1) of this subsection (b), the | 6 |
| appropriate law enforcement official may, for purposes of an | 7 |
| investigation of a crime relating to a particular transaction, | 8 |
| request the resale vendor to mail or fax the official the | 9 |
| personally identifiable information relating to such | 10 |
| transaction under investigation. The resale vendor shall | 11 |
| deliver the personally identifiable information relating to | 12 |
| the identified transaction to the appropriate law enforcement | 13 |
| official within 24 hours after the request. In the event the | 14 |
| resale vendor transfers information in printed form pursuant to | 15 |
| items (2) or (3) of this subsection (b), the resale vendor | 16 |
| shall not also be required to transmit such information in | 17 |
| electronic form pursuant to item (1) of this subsection (b). | 18 |
| (c) Resale vendors must hold all items purchased from the | 19 |
| public for a period of 21 days after transmitting transactional | 20 |
| information via facsimile or U.S. Postal Service or 10 days | 21 |
| after transmitting transactional information electronically | 22 |
| prior to selling, distributing, or altering goods in any way. | 23 |
| (d)
(a) Except as provided in subsection (e)
(b) , it
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| be the duty of every pawnbroker to make
out and deliver to
the | 25 |
| sheriff of the county in which such pawnbroker does business, | 26 |
| on each
day before the hours of 12 o'clock noon, a legible and |
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| exact copy from
the standard record book, as required in | 2 |
| Section 5 of this Act, that lists
all personal property and any | 3 |
| other valuable thing received
on deposit or
purchased during | 4 |
| the preceding day, including the exact
time when
received or | 5 |
| purchased, and a description of the person or person by whom
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| left in pledge, or from whom the same were purchased; provided, | 7 |
| that in
cities or towns having 25,000 or more inhabitants,
a | 8 |
| copy of
the such report shall at the same time also be | 9 |
| delivered to the
superintendent of police or the chief police | 10 |
| officer of such city or town.
Such report may be made by | 11 |
| computer printout or input memory device if the
format has been | 12 |
| approved by the local law enforcement agency.
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| (e)
(b) In counties with more than 3,000,000 inhabitants, a | 14 |
| pawnbroker or resale vendor must
provide the daily report to | 15 |
| the sheriff only if the pawnshop or resale vendor is located in | 16 |
| an
unincorporated area of the county.
Pawnbrokers or resale | 17 |
| vendors located in cities or towns in such counties must | 18 |
| deliver such
reports to the superintendent of police or the | 19 |
| chief police officer of such
city or town. | 20 |
| (f) Resale vendors are not required to incur any costs or | 21 |
| increased fees as the result of the city, town, or county | 22 |
| collecting or processing records electronically under this | 23 |
| Section. | 24 |
| (g) Law enforcement may contract with a third party | 25 |
| provider to establish a repository for the purpose of providing | 26 |
| law enforcement agencies with access to transaction data to |
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| facilitate the investigation of alleged property crimes. | 2 |
| (h) A third party provider shall do the following: | 3 |
| (1) collect and maintain the transaction data and | 4 |
| update the repository at least daily; | 5 |
| (2) implement appropriate security measures and data | 6 |
| recovery measures necessary to ensure the integrity of the | 7 |
| data; and | 8 |
| (3) ensure that the repository can be accessed only by | 9 |
| approved law enforcement officers in accordance with this | 10 |
| Article. | 11 |
| (i) A third party provider may do the following: | 12 |
| (1) charge a law enforcement agency a fee to access the | 13 |
| repository that is reasonable in relation to the third | 14 |
| party provider's costs in establishing and maintaining the | 15 |
| repository; or | 16 |
| (2) not charge a resale vendor or a resale vendor's | 17 |
| customer a fee for the compilation or transmission of | 18 |
| reportable data or for the creation, maintenance, or use of | 19 |
| any repository. | 20 |
| (j) A repository must do the following: | 21 |
| (1) enable reporting to transmit data for each purchase | 22 |
| transaction over the Internet in the format used by the | 23 |
| resale vendor's computer software; | 24 |
| (2) enable approved law enforcement officers who | 25 |
| provide a secure identification or access code to access | 26 |
| the reportable data contained in the repository over the |
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| Internet; | 2 |
| (3) prevent unauthorized persons from accessing the | 3 |
| data contained in the repository; | 4 |
| (4) require approved law enforcement officers seeking | 5 |
| access to the identity of the customer in a transaction to: | 6 |
| (A) represent that the information is sought in | 7 |
| connection with the investigation of a crime involving | 8 |
| the goods delivered by the customer in that | 9 |
| transaction; and | 10 |
| (B) present
(i) a valid case number of a criminal | 11 |
| proceeding or investigation for which the customer's | 12 |
| identity is needed or
(ii) if a case number is not | 13 |
| available, the name and badge number of the approved | 14 |
| law enforcement officer seeking access to the | 15 |
| customer's identity; | 16 |
| (5) record the following information for each search of | 17 |
| the repository: | 18 |
| (A) the identity of the approved law enforcement | 19 |
| personnel searching the repository; | 20 |
| (B) the purchase transaction involved in the | 21 |
| search; and | 22 |
| (C) the identity of any customer whose information | 23 |
| was accessed through the search; and | 24 |
| (6) use a minimum of 128-bit encryption for all | 25 |
| transmissions to and from the repository. | 26 |
| (k) The data in the repository is confidential and may be |
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| released or disclosed only to a law enforcement agency for the | 2 |
| investigation of a crime or to the Commissioner for | 3 |
| administrative purposes. A person who releases or discloses | 4 |
| data in violation of this Section is guilty of a Class A | 5 |
| misdemeanor. | 6 |
| (l) The local law enforcement agency that receives | 7 |
| information under this Section either directly from a resale | 8 |
| vendor or from a third party provider shall follow standards | 9 |
| for access to information, for control of data, and for | 10 |
| safeguarding the information at least as comprehensive as | 11 |
| National Crime Information Center information or standards | 12 |
| prescribed for taking, using, and safeguarding information | 13 |
| obtained or maintained pursuant to federal funds made available | 14 |
| by or through the United States Department of Justice pursuant | 15 |
| to 28 CFR 23.
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| (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)".
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