Full Text of HB2249 98th General Assembly
HB2249 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2249 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
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205 ILCS 510/5 | from Ch. 17, par. 4655 |
205 ILCS 510/15 | |
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Amends the Pawnbroker Regulation Act. Provides that any pawnbroker or unregistered buyer shall take a digital photograph of (i) the form or forms of identification used by the person pledging or pawning any goods, articles, or other things to the pawnbroker, and (ii) the goods, articles, or other things being pledged, pawned, or sold. Provides that the digital photographs or copies of the photographs shall be kept with the other records of the pawnbroker or unregistered buyer. Provides that unregistered buyers must include such photographs in their daily submissions to the sheriff of the county in which he or she is located. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Pawnbroker Regulation Act is amended by | 5 | | changing Sections 5 and 15 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 | 17 | | language, of all the
goods, articles and other things pawned or | 18 | | pledged, the amount of money,
value or thing loaned thereon, | 19 | | the time of pledging the same, the rate of
interest to be paid | 20 | | on such loan, and the name and residence of the person
making | 21 | | such pawn or pledge shall be printed, typed, or written in ink | 22 | | in
the record book. Such entry shall include the serial number | 23 | | or
identification number of items received which bear such
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| 1 | | number. Except for items purchased from dealers possessing a | 2 | | federal employee
identification number who have provided a | 3 | | receipt to the pawnbroker, every
pawnbroker shall also record | 4 | | in his book, an accurate account and description,
in the | 5 | | English language, of all goods, articles and other things | 6 | | purchased or
received for the purpose of resale or loan | 7 | | collateral by the pawnbroker from
any source, not in the course | 8 | | of a pledge or loan, the time of such purchase
or receipt and | 9 | | the name and address of the person or business which sold or
| 10 | | delivered such goods, articles, or other things to the | 11 | | pawnbroker. No entry
in such book shall be erased, mutilated or | 12 | | changed.
| 13 | | (b) Every pawnbroker or unregistered buyer shall require | 14 | | identification to be
shown him by each person pledging or | 15 | | pawning any goods, articles , or other
things to the pawnbroker. | 16 | | If the identification shown is a driver's license
or a State | 17 | | identification card issued by the Secretary of State and | 18 | | contains a
photograph of the person being identified,
only one | 19 | | form of identification must be shown. If the identification | 20 | | shown
is not a driver's license or a State identification card | 21 | | issued by the
Secretary
of State and does not contain a | 22 | | photograph, 2 forms of identification must be
shown, and one of | 23 | | the 2 forms of
identification must
include his or her residence | 24 | | address. These forms of identification shall
include, but not | 25 | | be limited to, any of the following: driver's license,
social | 26 | | security card, utility bill, employee or student |
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| 1 | | identification card,
credit card, or a civic, union or | 2 | | professional association membership card. In addition, in a | 3 | | municipality with a population of 1,000,000 or more
| 4 | | inhabitants, if the customer does not have an identification | 5 | | issued by a
governmental entity containing a photograph of the | 6 | | person being identified, the
pawnbroker shall photograph the | 7 | | customer in color and record the customer's
name, residence | 8 | | address, date of birth, social security number, gender, height,
| 9 | | and weight on the reverse side of the photograph. If the | 10 | | customer has no
social security number,
the pawnbroker shall | 11 | | record this fact. Any pawnbroker or unregistered buyer shall | 12 | | take a digital image of (i) the form or forms of identification | 13 | | used by the person pledging or pawning any goods, articles, or | 14 | | other things to the pawnbroker, and (ii) the goods, articles, | 15 | | or other things being pledged, pawned, or sold. The digital | 16 | | images or copies of the images shall be kept with the other | 17 | | records of the pawnbroker or unregistered buyer.
| 18 | | A county or municipality, including a home rule unit, may | 19 | | regulate a
pawnbroker's identification requirements for | 20 | | persons pledging or pawning goods,
articles, or other things to | 21 | | the pawnbroker in a manner that is not less
restrictive than | 22 | | the regulation by the State of a pawnbroker's identification
| 23 | | requirements for persons pledging or pawning goods, articles, | 24 | | or other things.
A home rule unit
may not regulate a | 25 | | pawnbroker's identification requirements for persons
pledging
| 26 | | or pawning goods, articles, or other things to the pawnbroker |
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| 1 | | in a manner less
restrictive than the regulation by the State | 2 | | of a pawnbroker's identification
requirements for persons | 3 | | pledging or pawning goods, articles, or other things.
This | 4 | | Section is a limitation under subsection (i) of Section 6 of | 5 | | Article VII
of the Illinois Constitution on the concurrent | 6 | | exercise by home rule units of
the powers and functions | 7 | | exercised by the State.
| 8 | | (c) A pawnbroker may maintain the records required by | 9 | | subsection (a) in
computer form if the computer form has been | 10 | | approved by the Commissioner, the
sheriff of the county in | 11 | | which the shop is located, and the police department
of the | 12 | | municipality in which the shop is located.
| 13 | | (d) Records, including reports to the Secretary, | 14 | | maintained by
pawnbrokers shall be confidential, and no | 15 | | disclosure of pawnbroker records
shall be made except | 16 | | disclosures authorized by this Act or ordered by a court
of | 17 | | competent jurisdiction. No record transferred to a | 18 | | governmental official
shall be improperly disclosed, provided | 19 | | that use of those records as evidence
of a felony or | 20 | | misdemeanor shall be a proper purpose.
| 21 | | (e) Pawnbrokers and their associations may lawfully give | 22 | | appropriate
governmental agencies computer equipment for the | 23 | | purpose of transferring
information pursuant to this Act.
| 24 | | (Source: P.A. 96-1038, eff. 7-14-10.)
| 25 | | (205 ILCS 510/15) |
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| 1 | | Sec. 15. Temporary buying locations; unregistered buyers. | 2 | | (a) For purposes of this Section: | 3 | | "Temporary buying location" means a location used by an | 4 | | unregistered buyer, including, but not limited to, hotels and | 5 | | motels. | 6 | | "Unregistered buyer" means an individual business, or an | 7 | | agent of an individual business, engaged in the business of | 8 | | purchasing from the public, scrap precious metals, including, | 9 | | but not limited to, jewelry, precious stones, semi-precious | 10 | | stones, coins, silver, gold, and platinum, that conducts | 11 | | transactions at a temporary buying location but is not | 12 | | registered under this Act. | 13 | | (b) An unregistered buyer that seeks to conduct business at | 14 | | a temporary buying location in this State must comply with all | 15 | | of the following: | 16 | | (1) An unregistered buyer must register with the | 17 | | sheriff of the county at least 30 days prior to its | 18 | | intention to conduct transactions in that county. | 19 | | (2) An unregistered buyer must submit by 6 a.m. each | 20 | | day to the sheriff of the county in which he or she is | 21 | | located detailed transaction records for the previous day, | 22 | | which must include purchaser, seller, and inventory | 23 | | information and images pursuant to subsection (b) of | 24 | | Section 5 of this Act. | 25 | | (3) An unregistered buyer must pay a registration fee | 26 | | to the sheriff of the county in which it seeks to conduct |
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| 1 | | business. This fee shall be used to defray the cost of | 2 | | reviewing the records required under this Section and may | 3 | | be apportioned as the sheriff sees fit. | 4 | | (c) The Department of Financial and Professional | 5 | | Regulation may adopt rules necessary for administration of this | 6 | | Section, which must include a fee schedule for counties to | 7 | | follow.
| 8 | | (Source: P.A. 96-1038, eff. 7-14-10.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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