Full Text of HB0231 96th General Assembly
HB0231ham001 96TH GENERAL ASSEMBLY
|
Business/Occupational Licenses Committee
Filed: 2/10/2009
|
|
09600HB0231ham001 |
|
LRB096 00465 RPM 20925 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 231
| 2 |
| AMENDMENT NO. ______. Amend House Bill 231 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Pawnbroker Regulation Act is amended by | 5 |
| changing Section 5 and by adding Section 7.7 as follows:
| 6 |
| (205 ILCS 510/5) (from Ch. 17, par. 4655)
| 7 |
| Sec. 5. Record requirements.
| 8 |
| (a) Except in municipalities located in counties having | 9 |
| 3,000,000 or more
inhabitants, every pawn and loan broker shall | 10 |
| keep a standard record book
that has been approved by the | 11 |
| sheriff of the county in which the pawnbroker
does business. In | 12 |
| municipalities in counties with
3,000,000 or more inhabitants, | 13 |
| the record book shall be approved by the police
department of | 14 |
| the municipality in which the pawn or loan broker does | 15 |
| business.
At the time of each and every loan or taking of a | 16 |
| pledge,
an accurate account and description, in the English |
|
|
|
09600HB0231ham001 |
- 2 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| language, of all the
goods, articles and other things pawned or | 2 |
| pledged, the amount of money,
value or thing loaned thereon, | 3 |
| the time of pledging the same, the rate of
interest to be paid | 4 |
| on such loan, and the name and residence of the person
making | 5 |
| such pawn or pledge shall be printed, typed, or written in ink | 6 |
| in
the record book. Such entry shall include the serial number | 7 |
| or
identification number of items received which bear such
| 8 |
| number. Except for items purchased from dealers possessing a | 9 |
| federal employee
identification number who have provided a | 10 |
| receipt to the pawnbroker, every
pawnbroker shall also record | 11 |
| in his book, an accurate account and description,
in the | 12 |
| English language, of all goods, articles and other things | 13 |
| purchased or
received for the purpose of resale or loan | 14 |
| collateral by the pawnbroker from
any source, not in the course | 15 |
| of a pledge or loan, the time of such purchase
or receipt and | 16 |
| the name and address of the person or business which sold or
| 17 |
| delivered such goods, articles, or other things to the | 18 |
| pawnbroker. No entry
in such book shall be erased, mutilated or | 19 |
| changed.
| 20 |
| (b) Every pawnbroker shall require identification to be
| 21 |
| shown him by each person pledging or pawning any goods, | 22 |
| articles or other
things to the pawnbroker. If the | 23 |
| identification shown is a driver's license
or a State | 24 |
| identification card issued by the Secretary of State and | 25 |
| contains a
photograph of the person being identified,
only one | 26 |
| form of identification must be shown. If the identification |
|
|
|
09600HB0231ham001 |
- 3 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| shown
is not a driver's license or a State identification card | 2 |
| issued by the
Secretary
of State and does not contain a | 3 |
| photograph, 2 forms of identification must be
shown, and one of | 4 |
| the 2 forms of
identification must
include his or her residence | 5 |
| address. These forms of identification shall
include, but not | 6 |
| be limited to, any of the following: driver's license,
social | 7 |
| security card, utility bill, employee or student | 8 |
| identification card,
credit card, or a civic, union or | 9 |
| professional association membership card.
In addition, in a | 10 |
| municipality with a population of 1,000,000 or more
| 11 |
| inhabitants, if the customer does not have an identification | 12 |
| issued by a
governmental entity containing a photograph of the | 13 |
| person being identified, the
pawnbroker shall photograph the | 14 |
| customer in color and record the customer's
name, residence | 15 |
| address, date of birth, social security number, gender, height,
| 16 |
| and weight on the reverse side of the photograph. If the | 17 |
| customer has no
social security number,
the pawnbroker shall | 18 |
| record this fact.
| 19 |
| A county or municipality, including a home rule unit, may | 20 |
| regulate a
pawnbroker's identification requirements for | 21 |
| persons pledging or pawning goods,
articles, or other things to | 22 |
| the pawnbroker in a manner that is not less
restrictive than | 23 |
| the regulation by the State of a pawnbroker's identification
| 24 |
| requirements for persons pledging or pawning goods, articles, | 25 |
| or other things.
A home rule unit
may not regulate a | 26 |
| pawnbroker's identification requirements for persons
pledging
|
|
|
|
09600HB0231ham001 |
- 4 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| or pawning goods, articles, or other things to the pawnbroker | 2 |
| in a manner less
restrictive than the regulation by the State | 3 |
| of a pawnbroker's identification
requirements for persons | 4 |
| pledging or pawning goods, articles, or other things.
This | 5 |
| Section is a limitation under subsection (i) of Section 6 of | 6 |
| Article VII
of the Illinois Constitution on the concurrent | 7 |
| exercise by home rule units of
the powers and functions | 8 |
| exercised by the State.
| 9 |
| (c) A pawnbroker may maintain the records required by | 10 |
| subsection (a) in
computer form if the computer form has been | 11 |
| approved by the Commissioner, the
sheriff of the county in | 12 |
| which the shop is located, and the police department
of the | 13 |
| municipality in which the shop is located.
| 14 |
| (d) Records, including reports to the Commissioner, | 15 |
| maintained by
pawnbrokers shall be confidential, and no | 16 |
| disclosure of pawnbroker records
shall be made except | 17 |
| disclosures authorized by this Act or ordered by a court
of | 18 |
| competent jurisdiction. No record transferred to a | 19 |
| governmental official
shall be improperly disclosed, provided | 20 |
| that use of those records as evidence
of a felony or | 21 |
| misdemeanor shall be a proper purpose.
| 22 |
| (e) Pawnbrokers and their associations may lawfully give | 23 |
| appropriate
governmental agencies computer equipment for the | 24 |
| purpose of transferring
information pursuant to this Act.
| 25 |
| (f) Within 60 days after the date of notification by the | 26 |
| Illinois State Police of acceptable digital standards, every |
|
|
|
09600HB0231ham001 |
- 5 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| pawnbroker must take a digital image in the form of a color | 2 |
| photograph or a color video recording of each customer pledging | 3 |
| or pawning any goods, articles, or other things and every item | 4 |
| pawned or sold to the pawnbroker. Each digital image must be | 5 |
| electronically cross-referenced with the transaction to which | 6 |
| it is associated. The pawnbroker must inform the customer that | 7 |
| he or she is being photographed or videotaped by displaying a | 8 |
| sign of sufficient size to alert the customer in a conspicuous | 9 |
| place on the premises. | 10 |
| Each printed photograph must be at least 2 inches in length | 11 |
| by 2 inches in width and must be maintained in such a manner | 12 |
| that the photograph can be readily matched and correlated with | 13 |
| all other records of the transaction to which they relate. Each | 14 |
| photograph of a customer must include a clearly identifiable | 15 |
| facial image of the person who pawned or sold the item. Each | 16 |
| photograph of an item must depict the item accurately. | 17 |
| If a video photograph is taken, then the video camera must | 18 |
| focus on the person pawning or selling the item so as to | 19 |
| include an identifiable image of that person's face. Items | 20 |
| photographed by video must be accurately depicted. Video | 21 |
| photographs must be electronically referenced by time and date | 22 |
| so they can be readily matched and correlated with all other | 23 |
| records of the transaction to which they relate. | 24 |
| (Source: P.A. 91-608, eff. 8-19-99; 92-215, eff. 8-2-01.)
| 25 |
| (205 ILCS 510/7.7 new) |
|
|
|
09600HB0231ham001 |
- 6 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| Sec. 7.7. Database reporting. | 2 |
| (a) As used in this Section: | 3 |
| "Database" means a data management system to provide | 4 |
| governmental and regulatory entities a more effective means to | 5 |
| manage the regulation of their pawn and secondhand dealers and | 6 |
| to enable law enforcement agencies to share pawn and secondhand | 7 |
| transaction information electronically. | 8 |
| "Point of sale data" or "POS data" means the following: an | 9 |
| accurate account and description, in the English language, of | 10 |
| all the goods, articles, or other things pawned or pledged; the | 11 |
| amount of money loaned; the time of pledging the same; the rate | 12 |
| of interest to be paid on the loan; any information about | 13 |
| redemptions, extensions, and renewals of pawned items; the name | 14 |
| and residence of the person making the pawn, pledge, or sale; | 15 |
| digital images of each customer involved in a reportable | 16 |
| transaction and every item pawned, pledged, or sold; the serial | 17 |
| number of each item pawned, pledged, or sold; and the amount of | 18 |
| any fees as specified in Section 2 of this Act. | 19 |
| "Reportable transaction" means any transaction in which a | 20 |
| pawnbroker makes an advancement, loan, or payment to any person | 21 |
| pawning, pledging, or selling any property. | 22 |
| (b) Every pawnbroker shall transmit to the Illinois State | 23 |
| Police the POS data collected for every reportable transaction. | 24 |
| Upon notification by the Illinois State Police of acceptable | 25 |
| computer system standards, it shall be the duty of every | 26 |
| pawnbroker to transmit the POS data daily using the database |
|
|
|
09600HB0231ham001 |
- 7 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| interchange file specification. The POS data shall be | 2 |
| transferred electronically from the pawnbroker's computer | 3 |
| system to the Illinois State Police database. All required | 4 |
| records must be transmitted completely and accurately after the | 5 |
| close of business each day in accordance with standards and | 6 |
| procedures established by the Illinois State Police. Every | 7 |
| pawnbroker must display a sign of sufficient size in a | 8 |
| conspicuous place in the premises which informs patrons that | 9 |
| all transactions are reported to the Illinois State Police | 10 |
| daily. | 11 |
| Any transaction that does not meet the database interchange | 12 |
| file specification must be corrected and resubmitted the next | 13 |
| business day. If a pawnbroker is unable to successfully | 14 |
| transfer the required reports electronically, then the | 15 |
| pawnbroker must provide the Illinois State Police, upon | 16 |
| request, printed copies of all reportable transactions along | 17 |
| with the video tape for that date by noon of the next business | 18 |
| day. If the problem is determined to be in the pawnbroker's | 19 |
| computer system and is not corrected by the close of the first | 20 |
| business day following the failure, then the pawnbroker must | 21 |
| provide printed copies of the required reports as detailed in | 22 |
| this Section until the error is corrected. If the problem is | 23 |
| determined to be outside of the pawnbroker's system, then the | 24 |
| pawnbroker must continue to provide the required reports in | 25 |
| print format and resubmit all such transactions electronically | 26 |
| when the error is corrected. |
|
|
|
09600HB0231ham001 |
- 8 - |
LRB096 00465 RPM 20925 a |
|
| 1 |
| (c) In addition to any other fines and penalties imposed | 2 |
| under applicable State and federal laws, a fine of up to $200 | 3 |
| may be imposed upon any person who pledges or pawns any stolen | 4 |
| goods, articles, or other items to a pawnbroker and is | 5 |
| subsequently found guilty of theft as defined in Section 16-1 | 6 |
| of the Criminal Code of 1961. This additional amount shall be | 7 |
| assessed by the court imposing sentence and shall be collected | 8 |
| by the Circuit Clerk in addition to any other fines and costs | 9 |
| in the case. Each such additional penalty shall be remitted by | 10 |
| the Circuit Clerk to the State Treasurer for deposit into the | 11 |
| Pawn Broker Reporting Fund. The Circuit Clerk shall retain 10% | 12 |
| of such penalty to cover the costs incurred in administering | 13 |
| and enforcing this Section. | 14 |
| (d) The Pawn Broker Reporting Fund is established as a | 15 |
| special fund in the State treasury. Moneys collected pursuant | 16 |
| to this Section shall be deposited into the Fund and used for | 17 |
| the purpose of administering and enforcing this Section.
| 18 |
| Section 90. The State Finance Act is amended by adding | 19 |
| Section 5.719 as follows: | 20 |
| (30 ILCS 105/5.719 new) | 21 |
| Sec. 5.719. The Pawn Broker Reporting Fund. ".
|
|