State of Illinois
91st General Assembly
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Public Act 91-0608

HB0619 Enrolled                                LRB9102189JSpc

    AN ACT to amend the Pawnbroker Regulation Act by changing
Section 5.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Pawnbroker Regulation Act is amended by
changing Section 5 as follows:

    (205 ILCS 510/5) (from Ch. 17, par. 4655)
    Sec. 5.  Record requirements.
    (a)  Except in municipalities located in counties  having
3,000,000  or  more  inhabitants,  every pawn and loan broker
shall keep a standard record book that has been  approved  by
the  sheriff  of  the  county  in  which  the pawnbroker does
business.  In municipalities in counties  with  3,000,000  or
more  inhabitants,  the  record book shall be approved by the
police department of the municipality in which  the  pawn  or
loan  broker  does  business.   At the time of each and every
loan  or  taking  of  a  pledge,  an  accurate  account   and
description,  in  the  English  language,  of  all the goods,
articles and other things pawned or pledged,  the  amount  of
money,  value  or  thing loaned thereon, the time of pledging
the same, the rate of interest to be paid on such  loan,  and
the  name  and  residence  of  the person making such pawn or
pledge shall be printed, typed, or  written  in  ink  in  the
record  book.   Such entry shall include the serial number or
identification number of items received which are required to
bear such number.  Except for items  purchased  from  dealers
possessing  a federal employee identification number who have
provided a receipt to the pawnbroker, every pawnbroker  shall
also record in his book, an accurate account and description,
in  the  English  language,  of all goods, articles and other
things purchased or received for the  purpose  of  resale  or
loan collateral by the pawnbroker from any source, not in the
course  of  a  pledge  or  loan, the time of such purchase or
receipt and the name and address of the  person  or  business
which sold or delivered such goods, articles, or other things
to  the  pawnbroker.   No entry in such book shall be erased,
mutilated or changed.
    (b)  Every  pawnbroker   shall   require   2   forms   of
identification  to  be  shown  him by each person pledging or
pawning  any  goods,  articles  or  other   things   to   the
pawnbroker.   If  the  identification  shown  is  a  driver's
license   or  a  State  identification  card  issued  by  the
Secretary of State and contains a photograph  of  the  person
being  identified,  only  one  form of identification must be
shown.  If the identification shown is not a driver's license
or a State identification card issued  by  the  Secretary  of
State   and  does  not  contain  a  photograph,  2  forms  of
identification must be shown, and one of the 2 two  forms  of
identification  must  include  his  or her residence address.
These forms of  identification  shall  include,  but  not  be
limited  to,  any of the following:  driver's license, social
security   card,   utility   bill,   employee   or    student
identification  card,  credit  card,  or  a  civic,  union or
professional association membership card. In addition,  in  a
municipality   with   a   population  of  1,000,000  or  more
inhabitants, if the customer does not have an  identification
issued  by  a  governmental entity containing a photograph of
the person being identified, the pawnbroker shall  photograph
the  customer  in  color  and  record  the  customer's  name,
residence  address,  date  of  birth, social security number,
gender, height,  and  weight  on  the  reverse  side  of  the
photograph.   If  the customer has no social security number,
the pawnbroker shall record this fact.
    A county or municipality, including a home rule unit, may
regulate  a  pawnbroker's  identification  requirements   for
persons  pledging or pawning goods, articles, or other things
to the pawnbroker in a manner that is  not  less  restrictive
than   the   regulation   by  the  State  of  a  pawnbroker's
identification requirements for persons pledging  or  pawning
goods,  articles,  or other things.  A home rule unit may not
regulate  a  pawnbroker's  identification  requirements   for
persons  pledging or pawning goods, articles, or other things
to the pawnbroker in  a  manner  less  restrictive  than  the
regulation  by  the  State  of  a pawnbroker's identification
requirements for persons pledging or pawning goods, articles,
or  other  things.    This  Section  is  a  limitation  under
subsection (i) of Section 6 of Article VII  of  the  Illinois
Constitution on the concurrent exercise by home rule units of
the powers and functions exercised by the State.
    (c)  A  pawnbroker  may  maintain the records required by
subsection (a) in computer form if the computer form has been
approved by the Commissioner, the sheriff of  the  county  in
which  the  shop is located, and the police department of the
municipality in which the shop is located.
    (d)  Records,  including  reports  to  the  Commissioner,
maintained by  pawnbrokers  shall  be  confidential,  and  no
disclosure   of  pawnbroker  records  shall  be  made  except
disclosures authorized by this Act or ordered by a  court  of
competent   jurisdiction.    No   record   transferred  to  a
governmental official shall be improperly disclosed, provided
that use  of  those  records  as  evidence  of  a  felony  or
misdemeanor shall be a proper purpose.
    (e)  Pawnbrokers and their associations may lawfully give
appropriate  governmental agencies computer equipment for the
purpose of transferring information pursuant to this Act.
(Source:  P.A.  90-56,  eff.  7-3-97;  90-477,  eff.  7-1-98;
90-655, eff. 7-30-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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