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91_HB0619enr
HB0619 Enrolled LRB9102189JSpc
1 AN ACT to amend the Pawnbroker Regulation Act by changing
2 Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Pawnbroker Regulation Act is amended by
6 changing Section 5 as 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
11 shall keep a standard record book that has been approved by
12 the sheriff of the county in which the pawnbroker does
13 business. In municipalities in counties with 3,000,000 or
14 more inhabitants, the record book shall be approved by the
15 police department of the municipality in which the pawn or
16 loan broker does business. At the time of each and every
17 loan or taking of a pledge, an accurate account and
18 description, in the English language, of all the goods,
19 articles and other things pawned or pledged, the amount of
20 money, value or thing loaned thereon, the time of pledging
21 the same, the rate of interest to be paid on such loan, and
22 the name and residence of the person making such pawn or
23 pledge shall be printed, typed, or written in ink in the
24 record book. Such entry shall include the serial number or
25 identification number of items received which are required to
26 bear such number. Except for items purchased from dealers
27 possessing a federal employee identification number who have
28 provided a receipt to the pawnbroker, every pawnbroker shall
29 also record in his book, an accurate account and description,
30 in the English language, of all goods, articles and other
31 things purchased or received for the purpose of resale or
HB0619 Enrolled -2- LRB9102189JSpc
1 loan collateral by the pawnbroker from any source, not in the
2 course of a pledge or loan, the time of such purchase or
3 receipt and the name and address of the person or business
4 which sold or delivered such goods, articles, or other things
5 to the pawnbroker. No entry in such book shall be erased,
6 mutilated or changed.
7 (b) Every pawnbroker shall require 2 forms of
8 identification to be shown him by each person pledging or
9 pawning any goods, articles or other things to the
10 pawnbroker. If the identification shown is a driver's
11 license or a State identification card issued by the
12 Secretary of State and contains a photograph of the person
13 being identified, only one form of identification must be
14 shown. If the identification shown is not a driver's license
15 or a State identification card issued by the Secretary of
16 State and does not contain a photograph, 2 forms of
17 identification must be shown, and one of the 2 two forms of
18 identification must include his or her residence address.
19 These forms of identification shall include, but not be
20 limited to, any of the following: driver's license, social
21 security card, utility bill, employee or student
22 identification card, credit card, or a civic, union or
23 professional association membership card. In addition, in a
24 municipality with a population of 1,000,000 or more
25 inhabitants, if the customer does not have an identification
26 issued by a governmental entity containing a photograph of
27 the person being identified, the pawnbroker shall photograph
28 the customer in color and record the customer's name,
29 residence address, date of birth, social security number,
30 gender, height, and weight on the reverse side of the
31 photograph. If the customer has no social security number,
32 the pawnbroker shall record this fact.
33 A county or municipality, including a home rule unit, may
34 regulate a pawnbroker's identification requirements for
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1 persons pledging or pawning goods, articles, or other things
2 to the pawnbroker in a manner that is not less restrictive
3 than the regulation by the State of a pawnbroker's
4 identification requirements for persons pledging or pawning
5 goods, articles, or other things. A home rule unit may not
6 regulate a pawnbroker's identification requirements for
7 persons pledging or pawning goods, articles, or other things
8 to the pawnbroker in a manner less restrictive than the
9 regulation by the State of a pawnbroker's identification
10 requirements for persons pledging or pawning goods, articles,
11 or other things. This Section is a limitation under
12 subsection (i) of Section 6 of Article VII of the Illinois
13 Constitution on the concurrent exercise by home rule units of
14 the powers and functions exercised by the State.
15 (c) A pawnbroker may maintain the records required by
16 subsection (a) in computer form if the computer form has been
17 approved by the Commissioner, the sheriff of the county in
18 which the shop is located, and the police department of the
19 municipality in which the shop is located.
20 (d) Records, including reports to the Commissioner,
21 maintained by pawnbrokers shall be confidential, and no
22 disclosure of pawnbroker records shall be made except
23 disclosures authorized by this Act or ordered by a court of
24 competent jurisdiction. No record transferred to a
25 governmental official shall be improperly disclosed, provided
26 that use of those records as evidence of a felony or
27 misdemeanor shall be a proper purpose.
28 (e) Pawnbrokers and their associations may lawfully give
29 appropriate governmental agencies computer equipment for the
30 purpose of transferring information pursuant to this Act.
31 (Source: P.A. 90-56, eff. 7-3-97; 90-477, eff. 7-1-98;
32 90-655, eff. 7-30-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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