99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3413

 

Introduced 4/5/2016, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.875 new
205 ILCS 510/5  from Ch. 17, par. 4655
205 ILCS 510/7.7 new

    Amends the Pawnbroker Regulation Act. Provides that within 60 days after the date of notification by the Illinois State Police of acceptable digital standards, every pawnbroker must take a digital image of each customer pledging or pawning any goods, articles, or other things and every item pawned or sold to the pawnbroker. Sets forth definitions for the following: "Automated Property Tracking Database System", "interchange file specification format", "point of sale data", and "reportable transaction". Requires every pawnbroker to transmit the point of sale data collected for every reportable transaction electronically from the pawnbroker's computer system to the Illinois State Police Automated Property Tracking Database System. Provides that in addition to any other fines and penalties imposed under applicable State and federal laws, a fine of up to $200 may be imposed upon any person who pledges or pawns any stolen goods, articles, or other items to a pawnbroker and is subsequently found guilty of theft. Provides that moneys collected pursuant to the provisions concerning fines shall be deposited into the Automated Property Tracking Database Reporting Fund and used for the purpose of administering and enforcing the Automated Property Tracking Database reporting requirements. Amends the State Finance Act to create the Automated Property Tracking Database System Reporting Fund.


LRB099 21243 SMS 46727 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3413LRB099 21243 SMS 46727 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.875 as follows:
 
6    (30 ILCS 105/5.875 new)
7    Sec. 5.875. The Automated Property Tracking Database
8System Reporting Fund.
 
9    Section 10. The Pawnbroker Regulation Act is amended by
10changing Section 5 and by adding Section 7.7 as follows:
 
11    (205 ILCS 510/5)  (from Ch. 17, par. 4655)
12    Sec. 5. Record requirements.
13    (a) Except in municipalities located in counties having
143,000,000 or more inhabitants, every pawn and loan broker shall
15keep a standard record book that has been approved by the
16sheriff of the county in which the pawnbroker does business. In
17municipalities in counties with 3,000,000 or more inhabitants,
18the record book shall be approved by the police department of
19the municipality in which the pawn or loan broker does
20business. At the time of each and every loan or taking of a
21pledge, an accurate account and description, in the English

 

 

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1language, of all the goods, articles and other things pawned or
2pledged, the amount of money, value or thing loaned thereon,
3the time of pledging the same, the rate of interest to be paid
4on such loan, and the name and residence of the person making
5such pawn or pledge shall be printed, typed, or written in ink
6in the record book. Such entry shall include the serial number
7or identification number of items received which bear such
8number. Except for items purchased from dealers possessing a
9federal employee identification number who have provided a
10receipt to the pawnbroker, every pawnbroker shall also record
11in his book, an accurate account and description, in the
12English language, of all goods, articles and other things
13purchased or received for the purpose of resale or loan
14collateral by the pawnbroker from any source, including other
15pawnshop locations owned by the same pawnbroker, not in the
16course of a pledge or loan, the time of such purchase or
17receipt and the name and address of the person or business
18which sold or delivered such goods, articles, or other things
19to the pawnbroker. No entry in such book shall be erased,
20mutilated or changed.
21    (b) Every pawnbroker shall require identification to be
22shown him by each person pledging or pawning any goods,
23articles or other things to the pawnbroker. If the
24identification shown is a driver's license or a State
25identification card issued by the Secretary of State and
26contains a photograph of the person being identified, only one

 

 

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1form of identification must be shown. If the identification
2shown is not a driver's license or a State identification card
3issued by the Secretary of State and does not contain a
4photograph, 2 forms of identification must be shown, and one of
5the 2 forms of identification must include his or her residence
6address. These forms of identification shall include, but not
7be limited to, any of the following: driver's license, social
8security card, utility bill, employee or student
9identification card, credit card, or a civic, union or
10professional association membership card. In addition, in a
11municipality with a population of 1,000,000 or more
12inhabitants, if the customer does not have an identification
13issued by a governmental entity containing a photograph of the
14person being identified, the pawnbroker shall photograph the
15customer in color and record the customer's name, residence
16address, date of birth, social security number, gender, height,
17and weight on the reverse side of the photograph. If the
18customer has no social security number, the pawnbroker shall
19record this fact.
20    A county or municipality, including a home rule unit, may
21regulate a pawnbroker's identification requirements for
22persons pledging or pawning goods, articles, or other things to
23the pawnbroker in a manner that is not less restrictive than
24the regulation by the State of a pawnbroker's identification
25requirements for persons pledging or pawning goods, articles,
26or other things. A home rule unit may not regulate a

 

 

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1pawnbroker's identification requirements for persons pledging
2or pawning goods, articles, or other things to the pawnbroker
3in a manner less restrictive than the regulation by the State
4of a pawnbroker's identification requirements for persons
5pledging or pawning goods, articles, or other things. This
6Section is a limitation under subsection (i) of Section 6 of
7Article VII of the Illinois Constitution on the concurrent
8exercise by home rule units of the powers and functions
9exercised by the State.
10    (c) A pawnbroker may maintain the records required by
11subsection (a) in computer form if the computer form has been
12approved by the Commissioner, the sheriff of the county in
13which the shop is located, and the police department of the
14municipality in which the shop is located.
15    (d) Records, including reports to the Secretary,
16maintained by pawnbrokers shall be confidential, and no
17disclosure of pawnbroker records shall be made except
18disclosures authorized by this Act or ordered by a court of
19competent jurisdiction. No record transferred to a
20governmental official shall be improperly disclosed, provided
21that use of those records as evidence of a felony or
22misdemeanor shall be a proper purpose.
23    (e) Pawnbrokers and their associations may lawfully give
24appropriate governmental agencies computer equipment for the
25purpose of transferring information pursuant to this Act.
26    (f) Within 60 days after the date of notification by the

 

 

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1Illinois State Police of acceptable digital standards, every
2pawnbroker must take a digital image in the form of a color
3photograph or a color video recording of each customer pledging
4or pawning any goods, articles, or other things and every item
5pawned or sold to the pawnbroker. Each digital image must be
6electronically cross-referenced with the transaction to which
7it is associated. The pawnbroker must inform the customer that
8he or she is being photographed or videotaped by displaying a
9sign of sufficient size to alert the customer in a conspicuous
10place on the premises.
11    Each printed photograph must be at least 2 inches in length
12by 2 inches in width and must be maintained in such a manner
13that the photograph can be readily matched and correlated with
14all other records of the transaction to which they relate. Each
15photograph of a customer must include a clearly identifiable
16facial image of the person who pawned or sold the item. Each
17photograph of an item must depict the item accurately.
18    If a video photograph is taken, then the video camera must
19focus on the person pawning or selling the item so as to
20include an identifiable image of that person's face. Items
21photographed by video must be accurately depicted. Video
22photographs must be electronically referenced by time and date
23so they can be readily matched and correlated with all other
24records of the transaction to which they relate.
25(Source: P.A. 99-188, eff. 1-1-16.)
 

 

 

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1    (205 ILCS 510/7.7 new)
2    Sec. 7.7. Automated Property Tracking Database System
3report.
4    (a) As used in this Section:
5    "Automated Property Tracking Database System" means an
6electronic database system serving as a central repository for
7property information that is made available to all law
8enforcement agencies to provide communities a more effective
9means to manage the regulation of their pawn dealers, precious
10metal dealers, and any other secondhand dealers, and to enable
11law enforcement agencies to track and share pawn dealer,
12precious metal dealer, and any other secondhand dealer
13transaction information electronically. The automated database
14system may include, but is not limited to, the following
15specifications and features:
16        (1) electronic import of transaction data from the
17    pawnshops;
18        (2) automated serial number checking against the
19    National Crime Information Center stolen article files and
20    smart matching so typographical errors can be identified;
21        (3) sophisticated query capabilities on persons and
22    property;
23        (4) notifications to a cell phone or email account
24    based on stored queries that can be set;
25        (5) a built-in process to detect an warn of possible
26    criminal activity;

 

 

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1        (6) web interface for easy, low-cost access; or
2        (7) secure law enforcement-only access.
3    "Interchange file specification format" means the most
4current version of the interchange file specification format
5that is used by or compatible with the implemented automated
6property tracking database system for documenting, tracking,
7and reporting any dealer point of sale data.
8    "Point of sale data" or "POS data" means the following: an
9accurate account and description, in the English language, of
10all the goods, articles, or other things pawned or pledged; the
11amount of money loaned; the time of pledging the same; the rate
12of interest to be paid on the loan; any information about
13redemptions, extensions, and renewals of pawned items; the name
14and residence of the person making the pawn, pledge, or sale;
15digital images of each customer involved in a reportable
16transaction and every item pawned, pledged, or sold; the serial
17number of each item pawned, pledged, or sold; and the amount of
18any fees as specified in Section 2 of this Act.
19    "Reportable transaction" means any transaction in which a
20pawnbroker makes an advancement, loan, or payment to any person
21pawning, pledging, or selling any property.
22    (b) Every pawnbroker shall transmit to the Illinois State
23Police the POS data collected for every reportable transaction.
24Upon notification by the Illinois State Police of acceptable
25computer system standards, it shall be the duty of every
26pawnbroker to transmit the POS data daily using the Automated

 

 

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1Property Tracking Database System interchange file
2specification format. The POS data shall be transferred
3electronically from the pawnbroker's computer system to the
4Illinois State Police Automated Property Tracking Database
5System. All required records must be transmitted completely and
6accurately after the close of business each day in accordance
7with standards and procedures established by the Illinois State
8Police. Every pawnbroker must display a sign of sufficient size
9in a conspicuous place in the premises which informs patrons
10that all transactions are reported to the Illinois State Police
11daily.
12    If the pawnbroker provides records in an electronic format,
13the records must be provided in a system compatible with an
14interchangeable file specification format. Any transaction
15that does not meet the Automated Property Tracking Database
16System interchange file specification format must be corrected
17and resubmitted the next business day. If a pawnbroker is
18unable to successfully transfer the required reports
19electronically, then the pawnbroker must provide the Illinois
20State Police, upon request, printed copies of all reportable
21transactions along with the video tape for that date by noon of
22the next business day. If the problem is determined to be in
23the pawnbroker's computer system and is not corrected by the
24close of the first business day following the failure, then the
25pawnbroker must provide printed copies of the required reports
26as detailed in this Section until the error is corrected. If

 

 

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1the problem is determined to be outside of the pawnbroker's
2system, then the pawnbroker must continue to provide the
3required reports in print format and resubmit all such
4transactions electronically when the error is corrected.
5    (c) In addition to any other fines and penalties imposed
6under applicable State and federal laws, a fine of up to $200
7may be imposed upon any person who pledges or pawns any stolen
8goods, articles, or other items to a pawnbroker and is
9subsequently found guilty of theft as defined in Section 16-1
10of the Criminal Code of 2012. This additional amount shall be
11assessed by the court imposing sentence and shall be collected
12by the Circuit Clerk in addition to any other fines and costs
13in the case. Each such additional penalty shall be remitted by
14the Circuit Clerk to the State Treasurer for deposit into the
15Automated Property Tracking Database System Reporting Fund.
16The Circuit Clerk shall retain 10% of such penalty to cover the
17costs incurred in administering and enforcing this Section.
18    (d) The Automated Property Tracking Database System
19Reporting Fund is established as a special fund in the State
20treasury. Moneys collected pursuant to this Section shall be
21deposited into the Fund and used for the purpose of
22administering and enforcing this Section.