Full Text of SB1820 99th General Assembly
SB1820ham001 99TH GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 5/19/2015
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| 1 | | AMENDMENT TO SENATE BILL 1820
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1820 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Pawnbroker Regulation Act is amended by | 5 | | changing Sections 5 and 10 and by adding Section 9.5 as | 6 | | follows:
| 7 | | (205 ILCS 510/5) (from Ch. 17, par. 4655)
| 8 | | Sec. 5. Record requirements.
| 9 | | (a) Except in municipalities located in counties having | 10 | | 3,000,000 or more
inhabitants, every pawn and loan broker shall | 11 | | keep a standard record book
that has been approved by the | 12 | | sheriff of the county in which the pawnbroker
does business. In | 13 | | municipalities in counties with
3,000,000 or more inhabitants, | 14 | | the record book shall be approved by the police
department of | 15 | | the municipality in which the pawn or loan broker does | 16 | | business.
At the time of each and every loan or taking of a |
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| 1 | | pledge,
an accurate account and description, in the English | 2 | | language, of all the
goods, articles and other things pawned or | 3 | | pledged, the amount of money,
value or thing loaned thereon, | 4 | | the time of pledging the same, the rate of
interest to be paid | 5 | | on such loan, and the name and residence of the person
making | 6 | | such pawn or pledge shall be printed, typed, or written in ink | 7 | | in
the record book. Such entry shall include the serial number | 8 | | or
identification number of items received which bear such
| 9 | | number. Except for items purchased from dealers possessing a | 10 | | federal employee
identification number who have provided a | 11 | | receipt to the pawnbroker, every
pawnbroker shall also record | 12 | | in his book, an accurate account and description,
in the | 13 | | English language, of all goods, articles and other things | 14 | | purchased or
received for the purpose of resale or loan | 15 | | collateral by the pawnbroker from
any source, including other | 16 | | pawnshop locations owned by the same pawnbroker, not in the | 17 | | course of a pledge or loan, the time of such purchase
or | 18 | | receipt and the name and address of the person or business | 19 | | which sold or
delivered such goods, articles, or other things | 20 | | to the pawnbroker. No entry
in such book shall be erased, | 21 | | mutilated or changed.
| 22 | | (b) Every pawnbroker shall require identification to be
| 23 | | shown him by each person pledging or pawning any goods, | 24 | | articles or other
things to the pawnbroker. If the | 25 | | identification shown is a driver's license
or a State | 26 | | identification card issued by the Secretary of State and |
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| 1 | | contains a
photograph of the person being identified,
only one | 2 | | form of identification must be shown. If the identification | 3 | | shown
is not a driver's license or a State identification card | 4 | | issued by the
Secretary
of State and does not contain a | 5 | | photograph, 2 forms of identification must be
shown, and one of | 6 | | the 2 forms of
identification must
include his or her residence | 7 | | address. These forms of identification shall
include, but not | 8 | | be limited to, any of the following: driver's license,
social | 9 | | security card, utility bill, employee or student | 10 | | identification card,
credit card, or a civic, union or | 11 | | professional association membership card.
In addition, in a | 12 | | municipality with a population of 1,000,000 or more
| 13 | | inhabitants, if the customer does not have an identification | 14 | | issued by a
governmental entity containing a photograph of the | 15 | | person being identified, the
pawnbroker shall photograph the | 16 | | customer in color and record the customer's
name, residence | 17 | | address, date of birth, social security number, gender, height,
| 18 | | and weight on the reverse side of the photograph. If the | 19 | | customer has no
social security number,
the pawnbroker shall | 20 | | record this fact.
| 21 | | A county or municipality, including a home rule unit, may | 22 | | regulate a
pawnbroker's identification requirements for | 23 | | persons pledging or pawning goods,
articles, or other things to | 24 | | the pawnbroker in a manner that is not less
restrictive than | 25 | | the regulation by the State of a pawnbroker's identification
| 26 | | requirements for persons pledging or pawning goods, articles, |
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| 1 | | or other things.
A home rule unit
may not regulate a | 2 | | pawnbroker's identification requirements for persons
pledging
| 3 | | or pawning goods, articles, or other things to the pawnbroker | 4 | | in a manner less
restrictive than the regulation by the State | 5 | | of a pawnbroker's identification
requirements for persons | 6 | | pledging or pawning goods, articles, or other things.
This | 7 | | Section is a limitation under subsection (i) of Section 6 of | 8 | | Article VII
of the Illinois Constitution on the concurrent | 9 | | exercise by home rule units of
the powers and functions | 10 | | exercised by the State.
| 11 | | (c) A pawnbroker may maintain the records required by | 12 | | subsection (a) in
computer form if the computer form has been | 13 | | approved by the Commissioner, the
sheriff of the county in | 14 | | which the shop is located, and the police department
of the | 15 | | municipality in which the shop is located.
| 16 | | (d) Records, including reports to the Secretary, | 17 | | maintained by
pawnbrokers shall be confidential, and no | 18 | | disclosure of pawnbroker records
shall be made except | 19 | | disclosures authorized by this Act or ordered by a court
of | 20 | | competent jurisdiction. No record transferred to a | 21 | | governmental official
shall be improperly disclosed, provided | 22 | | that use of those records as evidence
of a felony or | 23 | | misdemeanor shall be a proper purpose.
| 24 | | (e) Pawnbrokers and their associations may lawfully give | 25 | | appropriate
governmental agencies computer equipment for the | 26 | | purpose of transferring
information pursuant to this Act.
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| 1 | | (Source: P.A. 96-1038, eff. 7-14-10.)
| 2 | | (205 ILCS 510/9.5 new) | 3 | | Sec. 9.5. Altered property; serial number and | 4 | | manufacturer's identification number. | 5 | | (a) No pawnbroker shall receive or purchase any article if | 6 | | the manufacturer's make, model, or serial number, personal | 7 | | identification number, or identifying marks engraved or etched | 8 | | upon an item of personal property has been removed, altered, or | 9 | | obliterated. | 10 | | (b) The prohibition in subsection (a) of this Section does | 11 | | not apply if the article's manufacturer's make, model, or | 12 | | serial number, personal identification number, or identifying | 13 | | marks have been worn in the ordinary course of use. However, no | 14 | | article described in this subsection (b) shall be sold or | 15 | | transferred to another pawnshop location of such pawnbroker for | 16 | | a period of 15 days after the delivery of the copy and | 17 | | statement required by Section 7 of this Act required to be | 18 | | delivered to the officer or officers
named therein.
| 19 | | (205 ILCS 510/10) (from Ch. 17, par. 4660)
| 20 | | Sec. 10. Sale of property. No personal property pledged or | 21 | | received on deposit or
pledge or purchased
by any pawnbroker | 22 | | shall be sold or permitted to be redeemed or
removed from the | 23 | | place of business of such pawnbroker for a period the space of
| 24 | | 48 hours after the delivery of the copy and statement
required |
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| 1 | | by
Section 7 of this Act required to be delivered to the | 2 | | officer or officers
named therein. No personal property | 3 | | purchased by any pawnbroker shall be sold or removed from the | 4 | | place of business or transferred to another pawnshop location | 5 | | of such pawnbroker for a period of 10 days after the delivery | 6 | | of the copy and statement required by Section 7 of this Act | 7 | | required to be delivered to the officer or officers named | 8 | | therein. If the pawner or pledger fails to repay the loan | 9 | | during the
period specified on the pawn ticket, the pawnbroker | 10 | | shall automatically extend
a grace period of 30 days from the | 11 | | default date on the loan during which
the pawnbroker shall not | 12 | | dispose of or sell the personal property pledged. The
parties | 13 | | may agree to extend or renew a loan upon terms agreed upon by | 14 | | the
parties, provided the terms comply with the requirements of | 15 | | this Act. A county or municipality, including a home rule unit, | 16 | | may regulate these holding periods in a manner that is more | 17 | | restrictive than the regulation provided in this Section 10. A | 18 | | home rule unit may not regulate these holding periods in a | 19 | | manner less restrictive than the regulation by the State. This | 20 | | Section is a limitation under subsection (i) of Section 6 of | 21 | | Article VII of the Illinois Constitution on the concurrent | 22 | | exercise by home rule units of the powers and functions | 23 | | exercised by the State.
| 24 | | (Source: P.A. 90-477, eff. 7-1-98.)".
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