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91_HB0619
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
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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 issued by a
11 governmental entity and contains a photograph of the person
12 being identified, only one form of identification must be
13 shown. If the identification shown does not contain a
14 photograph and is not issued by a governmental entity, 2
15 forms of identification must be shown, and one of the 2 two
16 forms of identification must include his or her residence
17 address. These forms of identification shall include, but
18 not be limited to, any of the following: driver's license,
19 social security card, utility bill, employee or student
20 identification card, credit card, or a civic, union or
21 professional association membership card. The regulation of
22 identification required by pawnbrokers is an exclusive power
23 and function of the State. A home rule unit may not regulate
24 identification required by pawnbrokers. This subsection is a
25 denial and limitation of home rule powers and functions under
26 subsection (h) of Section 6 of Article VII of the Illinois
27 Constitution.
28 (c) A pawnbroker may maintain the records required by
29 subsection (a) in computer form if the computer form has been
30 approved by the Commissioner, the sheriff of the county in
31 which the shop is located, and the police department of the
32 municipality in which the shop is located.
33 (d) Records, including reports to the Commissioner,
34 maintained by pawnbrokers shall be confidential, and no
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1 disclosure of pawnbroker records shall be made except
2 disclosures authorized by this Act or ordered by a court of
3 competent jurisdiction. No record transferred to a
4 governmental official shall be improperly disclosed, provided
5 that use of those records as evidence of a felony or
6 misdemeanor shall be a proper purpose.
7 (e) Pawnbrokers and their associations may lawfully give
8 appropriate governmental agencies computer equipment for the
9 purpose of transferring information pursuant to this Act.
10 (Source: P.A. 90-56, eff. 7-3-97; 90-477, eff. 7-1-98;
11 90-655, eff. 7-30-98.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.