Illinois § 10-65

§ 10-65.

Responsible pawnbroker training; pawnbroker managers and employees. (a) A person who manages or is an employee of a pawnbroker that provides pawnbroker services and related functions shall complete, within 90 days after commencing employment, a minimum of 4 hours of training, which may be provided in a classroom or seminar setting or via Internet-based online learning programs, such training shall be provided at the employer's expense and shall be provided by qualified vendor approved by the Secretary. The training subjects shall be established by rule, and may include the following: (1) federal, State, and local laws, administrative rules, and regulations that pertain to the business of being a licensed pawnbroker under this Act; (2) procedures for identifying possible fraudulent transactions; (3) anti-money laundering; (4) store operations, maintenance of records, inventory management, recording and reporting of serial numbers; (5) general product knowledge, including, but not limited to, jewelry and firearms; (6) identification, verification, and weighing of precious metals; (7) inspections by State and local licensing and law enforcement authorities, including hold order procedures; (8) the federal Military Lending Act; (9) pawn forfeits; and (10) security, risk, and crisis management. (b) The training may be provided in a classroom or seminar setting or via Internet-based online learning programs, as established by rule. The substance of the training shall be related to the work performed by the registered employee. (c) In addition to the training provided for in subsections (a), registered employees of a pawnbroker shall complete an additional 4 hours of refresher training on subjects to be determined by the employer each calendar year commencing with the calendar year following the employee's first employment anniversary date, which refresher training may be site-specific and may be conducted on the job. (d) It is the responsibility of the pawnbroker or the Secretary-approved qualified vendor to certify, on a form prescribed by the Secretary, that the employee has successfully completed the basic and refresher training. The original form or a copy shall be a permanent record of training completed by the employee and shall be placed in the employee's file with the employer for the period the employee remains with the employer. The original form or a copy shall be given to the employee when his or her employment is terminated. Failure to return the original form or a copy to the employee is grounds for disciplinary action. The employee shall not be required to repeat the required training once the employee has been issued the form. An employer may provide or require additional training. (e) It shall be the responsibility of the pawnbroker and the Secretary-approved qualified training vendor to keep and maintain a personal log of all training hours earned along with sufficient documentation necessary for the Secretary to verify the annual training completed for at least 5 years. The personal training log and documentation shall be provided to the Secretary in the same manner as other documentation and records required under this Act. (f) Notwithstanding any other professional license a pawnbroker holds under this Act, no more than 8 hours of annual training shall be required for any one year. (g) The license of a pawnbroker whose managers or employees fail to comply with this Section may be suspended or revoked or may face other disciplinary action. (h) The regulation of pawnbroker employee training is an exclusive power and function of the State. A home rule unit may not regulate pawnbroker employee training or require a pawnbroker that is licensed by the State under this Act, or its employees, to maintain licenses in addition to licensure under the Act, to operate. This subsection is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (i) Persons seeking the Secretary's approval to offer the training required by subsection (a) may apply for such approval between August 1 and August 31 every 4 years in a manner prescribed by the Secretary. (j) Persons seeking the Secretary's approval to offer the training required by subsection (a) shall submit a nonrefundable application fee of $2,000 or a fee set by rule, to be deposited into the Pawnbroker Regulation Fund. Any changes made to the training module shall be approved by the Secretary. (k) The Secretary shall not unreasonably deny approval of a training module, whether in-person or online, that meets all the requirements of subsection (a). A denial of approval shall include a detailed description of the reasons for the denial. (l) A person approved to provide the training required by subsection (a) shall submit an application for re-approval between August 1 and August 31 of each even-numbered year and include a nonrefundable application fee of $2,000 or a fee set by rule, to be deposited into the Pawnbroker Regulation Fund. (Source: P.A. 103-585, eff. 3-22-24.)