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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Pawnbroker Regulation Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||
5 | changing Sections 0.05, 1, 5, 6, 7, 7.5, 8, 9, 11, and 12 and by | ||||||||||||||||||||||||||||||||||||||||||||||||
6 | adding Sections 1.2, 1.4, and 4.5 as follows:
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7 | (205 ILCS 510/0.05)
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8 | Sec. 0.05. Administration of Act.
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9 | (a) This Act shall be administered by the
Secretary of | ||||||||||||||||||||||||||||||||||||||||||||||||
10 | Financial and Professional Regulation, and, beginning on July | ||||||||||||||||||||||||||||||||||||||||||||||||
11 | 28, 2010 (the effective date of Public Act 96-1365), all | ||||||||||||||||||||||||||||||||||||||||||||||||
12 | references in this Act to the Commissioner of Banks and Real | ||||||||||||||||||||||||||||||||||||||||||||||||
13 | Estate are deemed, in appropriate contexts, to be references to | ||||||||||||||||||||||||||||||||||||||||||||||||
14 | the Secretary of Financial and Professional Regulation, who | ||||||||||||||||||||||||||||||||||||||||||||||||
15 | shall have all of the following
powers and duties in | ||||||||||||||||||||||||||||||||||||||||||||||||
16 | administering this Act:
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17 | (1) To promulgate reasonable rules for the purpose of | ||||||||||||||||||||||||||||||||||||||||||||||||
18 | administering the
provisions of this Act.
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19 | (2) To issue orders for the purpose of administering | ||||||||||||||||||||||||||||||||||||||||||||||||
20 | the provisions of
this
Act and any rule promulgated in | ||||||||||||||||||||||||||||||||||||||||||||||||
21 | accordance with this Act.
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22 | (2.5) To order restitution to consumers suffering | ||||||||||||||||||||||||||||||||||||||||||||||||
23 | damages resulting from violations of this Act, rules |
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| |||||||
1 | promulgated in accordance with this Act, or other laws or | ||||||
2 | regulations related to the operation of a pawnshop or | ||||||
3 | precious metal scrapper .
| ||||||
4 | (3) To appoint hearing officers and to hire employees | ||||||
5 | or to contract with
appropriate persons to execute any of | ||||||
6 | the powers granted to
the Secretary under this Section for | ||||||
7 | the purpose of administering this
Act and any rule | ||||||
8 | promulgated in accordance with this Act.
| ||||||
9 | (4) To subpoena witnesses, to compel their attendance, | ||||||
10 | to administer an
oath, to examine any person under oath, | ||||||
11 | and to require the production of any
relevant books, | ||||||
12 | papers, accounts, and documents in the course of and | ||||||
13 | pursuant
to any investigation being conducted, or any | ||||||
14 | action being taken, by the
Secretary in respect of any | ||||||
15 | matter relating to the duties imposed upon, or
the powers | ||||||
16 | vested in, the Secretary under the provisions of this Act | ||||||
17 | or any
rule promulgated in accordance with this Act.
| ||||||
18 | (5) To conduct hearings.
| ||||||
19 | (6) To impose civil penalties graduated up to $1,000 | ||||||
20 | against any person
for each
violation of any provision of | ||||||
21 | this Act, any rule promulgated in
accordance
with this Act, | ||||||
22 | or any order of the Secretary
based upon the seriousness of | ||||||
23 | the violation.
| ||||||
24 | (6.5) To initiate, through the Attorney General, | ||||||
25 | injunction proceedings
whenever it appears to the | ||||||
26 | Secretary that any person, whether licensed under
this Act |
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| |||||||
1 | or not, is engaged or about to engage in an act or practice | ||||||
2 | that
constitutes or will constitute a violation of this Act | ||||||
3 | or any rule prescribed
under the authority of this Act. The | ||||||
4 | Secretary may, in his or her
discretion, through the | ||||||
5 | Attorney General, apply for an injunction, and upon a
| ||||||
6 | proper showing, any circuit court may enter a permanent or | ||||||
7 | preliminary
injunction or a temporary restraining order | ||||||
8 | without bond to enforce this Act in
addition to the | ||||||
9 | penalties and other remedies provided for in this Act.
| ||||||
10 | (7) To issue a cease and desist order and, for | ||||||
11 | violations of
this Act, any order issued by the Secretary | ||||||
12 | pursuant to this Act, any
rule promulgated in accordance | ||||||
13 | with this Act,
or any other applicable law in connection | ||||||
14 | with the operation of a pawnshop or precious metal | ||||||
15 | scrapper ,
to suspend a license issued under this Act for up | ||||||
16 | to 30 days.
| ||||||
17 | (8) To determine
compliance with applicable law and | ||||||
18 | rules related to the operation of pawnshops and precious | ||||||
19 | metal scrappers
and to verify the accuracy of reports filed | ||||||
20 | with the Secretary, the
Secretary, not more than one time | ||||||
21 | every 2 years, may, but is not required
to, conduct a | ||||||
22 | routine examination of a pawnshop or precious metal | ||||||
23 | scrapper , and in
addition, the Secretary may examine the | ||||||
24 | affairs of any pawnshop or precious metal scrapper at any | ||||||
25 | time if the Secretary
has
reasonable cause to believe that | ||||||
26 | unlawful or fraudulent activity is occurring,
or has |
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| |||||||
1 | occurred, therein.
| ||||||
2 | (9) In response to a complaint, to address any | ||||||
3 | inquiries to any pawnshop or precious metal scrapper
in | ||||||
4 | relation to its affairs, and it shall be the duty of the | ||||||
5 | pawnshop or precious metal scrapper to
promptly reply in | ||||||
6 | writing to such inquiries. The Secretary may also require
| ||||||
7 | reports or information from any pawnshop or precious metal | ||||||
8 | scrapper at any time the Secretary may deem
desirable.
| ||||||
9 | (10) To revoke a license issued under this Act if the | ||||||
10 | Secretary
determines that (a) a licensee has been convicted | ||||||
11 | of a felony in connection
with the operations of a pawnshop | ||||||
12 | or precious metal scrapper ; (b) a licensee knowingly, | ||||||
13 | recklessly, or
continuously violated this Act or State or | ||||||
14 | federal law or regulation, a rule promulgated in
accordance | ||||||
15 | with this Act, or any order of the Secretary; (c) a fact or
| ||||||
16 | condition exists that, if it had existed or had been known | ||||||
17 | at the time of the
original application, would have | ||||||
18 | justified license refusal; (d) the licensee
knowingly | ||||||
19 | submits materially false or misleading documents with the | ||||||
20 | intent to
deceive the Secretary or any other party; or (e) | ||||||
21 | the licensee is unable or ceases to continue to operate the | ||||||
22 | pawnshop or precious metal scrapper .
| ||||||
23 | (10.2) To remove or prohibit the employment of any | ||||||
24 | officer, director, employee, or agent of the pawnshop or | ||||||
25 | precious metal scrapper who engages in or has engaged in | ||||||
26 | unlawful activities that relate to the operation of a |
| |||||||
| |||||||
1 | pawnshop or precious metal scrapper . | ||||||
2 | (10.7) To prohibit the hiring of employees who have | ||||||
3 | been convicted of a financial crime or any crime involving | ||||||
4 | breach of trust who do not meet exceptions as established | ||||||
5 | by rule of the Secretary.
| ||||||
6 | (11) Following license revocation, to take possession | ||||||
7 | and control of a
pawnshop or precious metal scrapper for | ||||||
8 | the purpose of examination, reorganization, or liquidation | ||||||
9 | through
receivership and to appoint a receiver, which may | ||||||
10 | be the Secretary, a
pawnshop, a precious metal scrapper, or
| ||||||
11 | another suitable person.
| ||||||
12 | (b) After consultation with local law enforcement | ||||||
13 | officers, the Attorney
General, and the industry, the Secretary | ||||||
14 | may by rule require that
pawnbrokers or precious metal | ||||||
15 | scrappers
operate video camera surveillance systems to record | ||||||
16 | photographic
representations of customers and retain the tapes | ||||||
17 | produced for up to 30 days.
| ||||||
18 | (c) Pursuant to rule, the Secretary shall issue licenses on | ||||||
19 | an annual or
multi-year basis for operating a
pawnshop and for | ||||||
20 | operating a precious metal scrapper . Any person currently | ||||||
21 | operating or
who has operated a pawnshop in this State during | ||||||
22 | the 2 years preceding the
effective date of this amendatory Act | ||||||
23 | of 1997 shall be issued a license upon
payment of the fee | ||||||
24 | required under this Act. Any person currently operating or who | ||||||
25 | has operated a precious metal scrapper in this State during the | ||||||
26 | 2 years preceding the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 97th General Assembly shall be issued a license upon | ||||||
2 | payment of the fee required under this Act. New applicants | ||||||
3 | shall meet
standards for a license as established by the | ||||||
4 | Secretary.
Except with the prior written consent of the | ||||||
5 | Secretary, no individual,
either a new applicant or a person | ||||||
6 | currently operating a pawnshop or precious metal scrapper , may | ||||||
7 | be
issued a license to operate a pawnshop or precious metal | ||||||
8 | scrapper if the individual has been convicted
of a felony or of | ||||||
9 | any criminal offense relating to dishonesty or breach of
trust | ||||||
10 | in connection with the operations of a pawnshop or precious | ||||||
11 | metal scrapper .
The Secretary shall
establish license fees. The | ||||||
12 | fees shall not exceed the amount reasonably
required for | ||||||
13 | administration of this Act. It shall be unlawful to operate a
| ||||||
14 | pawnshop or precious metal scrapper without a license issued by | ||||||
15 | the Secretary.
| ||||||
16 | (d) In addition to license fees, the Secretary may, by | ||||||
17 | rule, establish
fees in connection with a review, approval, or | ||||||
18 | provision of a service, and levy
a reasonable charge to recover | ||||||
19 | the cost of the review, approval, or service
(such as a change | ||||||
20 | in control, change in location, or renewal of a license).
The | ||||||
21 | Secretary may also levy a reasonable charge to recover the cost | ||||||
22 | of an
examination if the Secretary determines that unlawful or | ||||||
23 | fraudulent activity
has occurred. The Secretary may require | ||||||
24 | payment of the fees and charges
provided in this Act by | ||||||
25 | certified check, money order, an electronic transfer of
funds, | ||||||
26 | or an automatic debit of an account.
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1 | (e) The Pawnbroker Regulation Fund is established as a | ||||||
2 | special
fund in the State treasury. Moneys collected under this | ||||||
3 | Act shall be deposited
into the Fund and used for the | ||||||
4 | administration of this Act.
In the event that General Revenue | ||||||
5 | Funds are appropriated to the Department of Financial and | ||||||
6 | Professional Regulation for the initial implementation of this
| ||||||
7 | Act, the Governor may direct the repayment from the Pawnbroker | ||||||
8 | Regulation
Fund to the General Revenue Fund of such advance in | ||||||
9 | an amount not to exceed
$30,000. The Governor may direct this | ||||||
10 | interfund transfer at such time as he
deems appropriate by | ||||||
11 | giving appropriate written notice. Moneys in the Pawnbroker | ||||||
12 | Regulation Fund may be transferred to the Professions Indirect | ||||||
13 | Cost Fund, as authorized under Section 2105-300 of the | ||||||
14 | Department of Professional Regulation Law of the Civil | ||||||
15 | Administrative Code of Illinois.
| ||||||
16 | (f) The Secretary may, by rule, require all pawnshops and | ||||||
17 | precious metal scrappers to provide for
the expenses that would | ||||||
18 | arise from the administration of the receivership of a
pawnshop | ||||||
19 | or precious metal scrapper under this Act through the | ||||||
20 | assessment of fees, the requirement to
pledge surety bonds, or | ||||||
21 | such other methods as determined by the Secretary.
| ||||||
22 | (g) All final administrative decisions of the Secretary | ||||||
23 | under
this Act shall be subject to judicial review pursuant to | ||||||
24 | the provisions of the
Administrative Review Law. For matters | ||||||
25 | involving administrative review, venue
shall be in
either | ||||||
26 | Sangamon County or Cook County.
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| |||||||
1 | (Source: P.A. 96-1038, eff. 7-14-10; 96-1365, eff. 7-28-10; | ||||||
2 | 97-333, eff. 8-12-11.)
| ||||||
3 | (205 ILCS 510/1) (from Ch. 17, par. 4651)
| ||||||
4 | Sec. 1.
(a) Every individual or business entity which lends | ||||||
5 | money on the
deposit or pledge of physically delivered personal | ||||||
6 | property, other than
property the ownership of which is subject | ||||||
7 | to a legal dispute, securities,
printed evidence of | ||||||
8 | indebtedness or printed evidence of ownership of the
personal | ||||||
9 | property, or who deals in the purchase of such property on the
| ||||||
10 | condition of selling the property back again at a stipulated | ||||||
11 | price, shall be
held and is hereby
declared and defined to be a | ||||||
12 | pawnbroker. The business of a pawnbroker does
not include the | ||||||
13 | lending of money on deposit or pledge of title to property. | ||||||
14 | (b) (Blank). The Secretary may require employees of | ||||||
15 | pawnshops who have the authority to act in a managerial | ||||||
16 | capacity to obtain a license from the Department. For the | ||||||
17 | purposes of this Section, "managerial capacity" shall mean the | ||||||
18 | ability to direct the operations or activities of the pawnshop. | ||||||
19 | If the Secretary determines a pawnshop employee's duties and | ||||||
20 | responsibilities or other factors amount to acting in a | ||||||
21 | managerial capacity, the Secretary may require licensing. The | ||||||
22 | license shall be valid for 2 years. The Secretary may by rule | ||||||
23 | specify the form of the application for licensure, fees to be | ||||||
24 | imposed and conditions for licensure. The licensed employees | ||||||
25 | shall report their places of employment to the Secretary.
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| |||||||
1 | (Source: P.A. 96-1365, eff. 7-28-10.)
| ||||||
2 | (205 ILCS 510/1.2 new) | ||||||
3 | Sec. 1.2. Precious metal scrapper. Every business entity | ||||||
4 | which offers payment for the physical delivery of gold or | ||||||
5 | silver and at least 50% of whose revenue is generated by the | ||||||
6 | melting down, reformation, or re-selling of that gold or silver | ||||||
7 | shall be held and is hereby declared and defined to be a | ||||||
8 | precious metal scrapper. | ||||||
9 | (205 ILCS 510/1.4 new) | ||||||
10 | Sec. 1.4. Manager licensing. The Secretary may require | ||||||
11 | employees of pawnshops and precious metal scrappers who have | ||||||
12 | the authority to act in a managerial capacity to obtain a | ||||||
13 | license from the Department. For the purposes of this Section, | ||||||
14 | "managerial capacity" shall mean the ability to direct the | ||||||
15 | operations or activities of the pawnshop or precious metal | ||||||
16 | scrapper. If the Secretary determines a pawnshop or precious | ||||||
17 | metal scrapper employee's duties and responsibilities or other | ||||||
18 | factors amount to acting in a managerial capacity, the | ||||||
19 | Secretary may require licensing. The license shall be valid for | ||||||
20 | 2 years. The Secretary may by rule specify the form of the | ||||||
21 | application for licensure, fees to be imposed, and conditions | ||||||
22 | for licensure. The licensed employees shall report their places | ||||||
23 | of employment to the Secretary. |
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| |||||||
1 | (205 ILCS 510/4.5 new) | ||||||
2 | Sec. 4.5. Offer, promise, or payment amount; period of | ||||||
3 | possession. | ||||||
4 | (a) Upon physical receipt of gold or silver, a precious | ||||||
5 | metal scrapper may not offer, promise, or pay the seller an | ||||||
6 | amount less than 60% of the gold or silver's actual melt value, | ||||||
7 | which shall be determined using the gold or silver's weight, | ||||||
8 | purity, and spot value taken from the previous 3 business days | ||||||
9 | of trading on a major stock exchange located within the United | ||||||
10 | States. | ||||||
11 | (b) Upon physical receipt of gold or silver, each precious | ||||||
12 | metal scrapper must maintain possession of the gold or silver | ||||||
13 | and may not melt or otherwise alter, re-form, or re-sell the | ||||||
14 | gold or silver for a period of 10 business days.
| ||||||
15 | (205 ILCS 510/5) (from Ch. 17, par. 4655)
| ||||||
16 | Sec. 5. Record requirements.
| ||||||
17 | (a) Except in municipalities located in counties having | ||||||
18 | 3,000,000 or more
inhabitants, every pawn and loan broker and | ||||||
19 | precious metal scrapper shall keep a standard record book
that | ||||||
20 | has been approved by the sheriff of the county in which the | ||||||
21 | pawnbroker or precious metal scrapper
does business. In | ||||||
22 | municipalities in counties with
3,000,000 or more inhabitants, | ||||||
23 | the record book shall be approved by the police
department of | ||||||
24 | the municipality in which the pawn or loan broker or precious | ||||||
25 | metal scrapper does business.
At the time of each and every |
| |||||||
| |||||||
1 | purchase, loan , or taking of a pledge,
an accurate account and | ||||||
2 | description, in the English language, of all the
goods, | ||||||
3 | articles and other things pawned , purchased, or pledged, the | ||||||
4 | amount of money,
value or thing loaned or purchased thereon, | ||||||
5 | the time of pledging the same, the rate of
interest to be paid | ||||||
6 | on such loan, the weight, purity, and spot price of any gold or | ||||||
7 | silver purchased, and the name and residence of the person
| ||||||
8 | making such pawn , sale, or pledge shall be printed, typed, or | ||||||
9 | written in ink in
the record book. Such entry shall include the | ||||||
10 | serial number or
identification number of items received which | ||||||
11 | bear such
number. Except for items purchased from dealers | ||||||
12 | possessing a federal employee
identification number who have | ||||||
13 | provided a receipt to the pawnbroker or precious metal | ||||||
14 | scrapper , every
pawnbroker and precious metal scrapper shall | ||||||
15 | also record in his book, an accurate account and description,
| ||||||
16 | in the English language, of all goods, articles and other | ||||||
17 | things purchased or
received for the purpose of resale or loan | ||||||
18 | collateral by the pawnbroker or precious metal scrapper from
| ||||||
19 | any source, not in the course of a pledge or loan, the time of | ||||||
20 | such purchase
or receipt and the name and address of the person | ||||||
21 | or business which sold or
delivered such goods, articles, or | ||||||
22 | other things to the pawnbroker or precious metal scrapper . No | ||||||
23 | entry
in such book shall be erased, mutilated or changed.
| ||||||
24 | (b) Every pawnbroker and precious metal scrapper shall | ||||||
25 | require identification to be
shown him by each person selling, | ||||||
26 | pledging , or pawning any goods, articles or other
things to the |
| |||||||
| |||||||
1 | pawnbroker or precious metal scrapper . If the identification | ||||||
2 | shown is a driver's license
or a State identification card | ||||||
3 | issued by the Secretary of State and contains a
photograph of | ||||||
4 | the person being identified,
only one form of identification | ||||||
5 | must be shown. If the identification shown
is not a driver's | ||||||
6 | license or a State identification card issued by the
Secretary
| ||||||
7 | of State and does not contain a photograph, 2 forms of | ||||||
8 | identification must be
shown, and one of the 2 forms of
| ||||||
9 | identification must
include his or her residence address. These | ||||||
10 | forms of identification shall
include, but not be limited to, | ||||||
11 | any of the following: driver's license,
social security card, | ||||||
12 | utility bill, employee or student identification card,
credit | ||||||
13 | card, or a civic, union or professional association membership | ||||||
14 | card.
In addition, in a municipality with a population of | ||||||
15 | 1,000,000 or more
inhabitants, if the customer does not have an | ||||||
16 | identification issued by a
governmental entity containing a | ||||||
17 | photograph of the person being identified, the
pawnbroker or | ||||||
18 | precious metal scrapper shall photograph the customer in color | ||||||
19 | and record the customer's
name, residence address, date of | ||||||
20 | birth, social security number, gender, height,
and weight on | ||||||
21 | the reverse side of the photograph. If the customer has no
| ||||||
22 | social security number,
the pawnbroker or precious metal | ||||||
23 | scrapper shall record this fact.
| ||||||
24 | A county or municipality, including a home rule unit, may | ||||||
25 | regulate a
pawnbroker's or precious metal scrapper's | ||||||
26 | identification requirements for persons selling, pledging , or |
| |||||||
| |||||||
1 | pawning goods,
articles, or other things to the pawnbroker or | ||||||
2 | precious metal scrapper in a manner that is not less
| ||||||
3 | restrictive than the regulation by the State of a precious | ||||||
4 | metal scrapper's or pawnbroker's identification
requirements | ||||||
5 | for persons selling, pledging , or pawning goods, articles, or | ||||||
6 | other things.
A home rule unit
may not regulate a precious | ||||||
7 | metal scrapper's or pawnbroker's identification requirements | ||||||
8 | for persons selling,
pledging ,
or pawning goods, articles, or | ||||||
9 | other things to the pawnbroker or precious metal scrapper in a | ||||||
10 | manner less
restrictive than the regulation by the State of a | ||||||
11 | precious metal scrapper's or pawnbroker's identification
| ||||||
12 | requirements for persons pledging or pawning goods, articles, | ||||||
13 | or other things.
This Section is a limitation under subsection | ||||||
14 | (i) of Section 6 of Article VII
of the Illinois Constitution on | ||||||
15 | the concurrent exercise by home rule units of
the powers and | ||||||
16 | functions exercised by the State.
| ||||||
17 | (c) A pawnbroker or precious metal scrapper may maintain | ||||||
18 | the records required by subsection (a) in
computer form if the | ||||||
19 | computer form has been approved by the Commissioner, the
| ||||||
20 | sheriff of the county in which the shop is located, and the | ||||||
21 | police department
of the municipality in which the shop is | ||||||
22 | located.
| ||||||
23 | (d) Records, including reports to the Secretary, | ||||||
24 | maintained by
pawnbrokers and precious metal scrappers shall be | ||||||
25 | confidential, and no disclosure of pawnbroker or precious metal | ||||||
26 | scrapper records
shall be made except disclosures authorized by |
| |||||||
| |||||||
1 | this Act or ordered by a court
of competent jurisdiction. No | ||||||
2 | record transferred to a governmental official
shall be | ||||||
3 | improperly disclosed, provided that use of those records as | ||||||
4 | evidence
of a felony or misdemeanor shall be a proper purpose.
| ||||||
5 | (e) Pawnbrokers , precious metal scrappers, and their | ||||||
6 | associations may lawfully give appropriate
governmental | ||||||
7 | agencies computer equipment for the purpose of transferring
| ||||||
8 | information pursuant to this Act.
| ||||||
9 | (Source: P.A. 96-1038, eff. 7-14-10.)
| ||||||
10 | (205 ILCS 510/6) (from Ch. 17, par. 4656)
| ||||||
11 | Sec. 6. Inspection of records.
| ||||||
12 | (a) The book or computer
records, as well as every article | ||||||
13 | or other thing of value so sold,
pawned , or pledged, shall at | ||||||
14 | all times be open to the inspection of the Secretary, the | ||||||
15 | sheriff of the county, his deputies, or any members
of the
| ||||||
16 | police force of
any city in the county in which such pawnbroker | ||||||
17 | or precious metal scrapper does business.
In addition, the | ||||||
18 | Secretary shall be authorized to inspect the books or
records | ||||||
19 | of any business he or she has reasonable cause to believe is | ||||||
20 | conducting
pawn or precious metal scrapping transactions and | ||||||
21 | should be licensed under this Act.
| ||||||
22 | (b) The book or computer records, pawn tickets, or any | ||||||
23 | other records
required by the Secretary under this Act or any | ||||||
24 | rule promulgated in
accordance with this Act shall be | ||||||
25 | maintained for a period of 3 years after the
date on which the |
| |||||||
| |||||||
1 | record or ticket was prepared. These records and tickets
shall | ||||||
2 | be open
to inspection of the Secretary at all times during the | ||||||
3 | 3-year period.
| ||||||
4 | (Source: P.A. 96-1038, eff. 7-14-10.)
| ||||||
5 | (205 ILCS 510/7) (from Ch. 17, par. 4657)
| ||||||
6 | Sec. 7. Daily report.
| ||||||
7 | (a) Except as provided in subsection (b), it
shall be the | ||||||
8 | duty of every pawnbroker and precious metal scrapper to make
| ||||||
9 | out and deliver to
the sheriff of the county in which such | ||||||
10 | pawnbroker or precious metal scrapper does business, on each
| ||||||
11 | day before the hours of 12 o'clock noon, a legible and exact | ||||||
12 | copy from
the standard record book, as required in Section 5 of | ||||||
13 | this Act, that lists
all personal property and any other | ||||||
14 | valuable thing received
on deposit or
purchased during the | ||||||
15 | preceding day, including the exact
time when
received or | ||||||
16 | purchased, and a description of the person or person by whom
| ||||||
17 | left in pledge, or from whom the same were purchased; provided, | ||||||
18 | that in
cities or towns having 25,000 or more inhabitants,
a | ||||||
19 | copy of
the such report shall at the same time also be | ||||||
20 | delivered to the
superintendent of police or the chief police | ||||||
21 | officer of such city or town.
Such report may be made by | ||||||
22 | computer printout or input memory device if the
format has been | ||||||
23 | approved by the local law enforcement agency.
| ||||||
24 | (b) In counties with more than 3,000,000 inhabitants, a | ||||||
25 | pawnbroker or precious metal scrapper must
provide the daily |
| |||||||
| |||||||
1 | report to the sheriff only if the pawnshop or precious metal | ||||||
2 | scrapper is located in an
unincorporated area of the county.
| ||||||
3 | Pawnbrokers and precious metal scrappers located in cities or | ||||||
4 | towns in such counties must deliver such
reports to the | ||||||
5 | superintendent of police or the chief police officer of such
| ||||||
6 | city or town.
| ||||||
7 | (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)
| ||||||
8 | (205 ILCS 510/7.5)
| ||||||
9 | Sec. 7.5. Report to the Secretary.
The Secretary, as often | ||||||
10 | as the Secretary shall deem necessary or
proper, may require a | ||||||
11 | pawnshop or precious metal scrapper to submit a full and | ||||||
12 | detailed report of its
operations including, but not limited | ||||||
13 | to, the number of pawns and purchases made, the amount
financed | ||||||
14 | on pawn and purchase transactions, and the number and amount of | ||||||
15 | pawns and purchases surrendered
to law enforcement.
| ||||||
16 | The Secretary shall
prescribe the form of the report and | ||||||
17 | establish the date by which the report
must be filed.
| ||||||
18 | (Source: P.A. 96-1038, eff. 7-14-10.)
| ||||||
19 | (205 ILCS 510/8) (from Ch. 17, par. 4658)
| ||||||
20 | Sec. 8.
No pawnbroker or precious metal scrapper shall take | ||||||
21 | or receive any purchase, pawn , or pledge for any
advancement or | ||||||
22 | loan, any property of any kind from any minor who is under
18 | ||||||
23 | years of age, or the ownership of which is in, or which is | ||||||
24 | claimed by,
any such minor, or which may be in the possession |
| |||||||
| |||||||
1 | or under the control of any such minor.
| ||||||
2 | (Source: P.A. 84-478.)
| ||||||
3 | (205 ILCS 510/9) (from Ch. 17, par. 4659)
| ||||||
4 | Sec. 9.
No pawnbroker or precious metal scrapper shall | ||||||
5 | purchase or take any article in pawn or pledge from any
person | ||||||
6 | appearing to be intoxicated, nor from
any person known to have | ||||||
7 | been convicted of theft.
A law enforcement officer may provide | ||||||
8 | such criminal conviction information
to a pawnbroker or | ||||||
9 | precious metal scrapper . When any
person is found to be
the | ||||||
10 | owner of stolen property which has been pawned or sold , such | ||||||
11 | property shall be
returned to the owner thereof without the | ||||||
12 | payment of the money advanced by
the pawnbroker or precious | ||||||
13 | metal scrapper thereon or any costs or charges of any kind | ||||||
14 | which the
pawnbroker or precious metal scrapper may have placed | ||||||
15 | upon the same.
| ||||||
16 | (Source: P.A. 84-1308.)
| ||||||
17 | (205 ILCS 510/11) (from Ch. 17, par. 4661)
| ||||||
18 | Sec. 11. Violations. Every person who knowingly violates | ||||||
19 | the provisions of this
Act shall, for the first offense, be | ||||||
20 | guilty of a Class C misdemeanor, and for
each
subsequent | ||||||
21 | offense shall be guilty of a Class A misdemeanor, except that a
| ||||||
22 | person who knowingly violates this Act by operating a pawnshop | ||||||
23 | or precious metal scrapper without a
license shall be guilty of | ||||||
24 | a Class B misdemeanor for the first offense and
shall be guilty |
| |||||||
| |||||||
1 | of a Class A misdemeanor for any subsequent offense. This Act | ||||||
2 | shall not be
construed as to, in any wise, impair the power of | ||||||
3 | cities or villages in
this State to license, tax, regulate
| ||||||
4 | except as to fee amounts,
suppress, and prohibit pawnbrokers or | ||||||
5 | precious metal scrappers as
now provided by law.
| ||||||
6 | (Source: P.A. 92-215, eff. 8-2-01.)
| ||||||
7 | (205 ILCS 510/12) | ||||||
8 | Sec. 12. Hold order. | ||||||
9 | (a) For the purposes of this Section, "hold order" means a | ||||||
10 | written legal instrument issued to a pawnbroker or precious | ||||||
11 | metal scrapper by a law enforcement officer commissioned by the | ||||||
12 | law enforcement agency of the municipality or county that | ||||||
13 | licenses and regulates the pawnbroker or precious metal | ||||||
14 | scrapper , ordering the pawnbroker or precious metal scrapper to | ||||||
15 | retain physical possession of pledged goods in the possession | ||||||
16 | of the pawnbroker or precious metal scrapper or property | ||||||
17 | purchased by and in the possession of the pawnbroker or | ||||||
18 | precious metal scrapper and not to return, sell, or otherwise | ||||||
19 | dispose of such property as such property is believed to be | ||||||
20 | misappropriated goods. | ||||||
21 | (b) Upon written notice from a law enforcement officer | ||||||
22 | indicating that property in the possession of a pawnbroker or | ||||||
23 | precious metal scrapper and subject to a hold order is needed | ||||||
24 | for the purpose of furthering a criminal investigation and | ||||||
25 | prosecution, the pawnbroker or precious metal scrapper shall |
| |||||||
| |||||||
1 | release the property subject to the hold order to the custody | ||||||
2 | of the law enforcement officer for such purpose and the officer | ||||||
3 | shall provide a written acknowledgment that the property has | ||||||
4 | been released to the officer. The release of the property to | ||||||
5 | the custody of the law enforcement officer shall not be | ||||||
6 | considered a waiver or release of the precious metal scrapper's | ||||||
7 | or pawnbroker's property rights or interest in the property. | ||||||
8 | Upon completion of the criminal investigation, the property | ||||||
9 | shall be returned to the pawnbroker or precious metal scrapper | ||||||
10 | who consented to its release; except that, if the law | ||||||
11 | enforcement officer has not completed the criminal | ||||||
12 | investigation within 120 days after its release, the officer | ||||||
13 | shall immediately return the property to the pawnbroker or | ||||||
14 | precious metal scrapper or obtain and furnish to the pawnbroker | ||||||
15 | or precious metal scrapper a warrant for the continued custody | ||||||
16 | of the property. | ||||||
17 | The pawnbroker or precious metal scrapper shall not release | ||||||
18 | or dispose of the property except pursuant to a court order or | ||||||
19 | the expiration of the holding period of the hold order, | ||||||
20 | including all extensions. | ||||||
21 | In cases where criminal charges have been filed and the | ||||||
22 | property may be needed as evidence, the prosecuting attorney | ||||||
23 | shall notify the pawnbroker or precious metal scrapper in | ||||||
24 | writing. The notice shall contain the case number, the style of | ||||||
25 | the case, and a description of the property. The pawnbroker or | ||||||
26 | precious metal scrapper shall hold such property until |
| |||||||
| |||||||
1 | receiving notice of the disposition of the case from the | ||||||
2 | prosecuting attorney. The prosecuting attorney shall notify | ||||||
3 | the pawnbroker or precious metal scrapper and claimant in | ||||||
4 | writing within 15 days after the disposition of the case.
| ||||||
5 | (Source: P.A. 96-1365, eff. 7-28-10.)
|