State of Illinois
91st General Assembly
Legislation

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91_HB0619eng

 
HB0619 Engrossed                               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 Engrossed            -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  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
 
HB0619 Engrossed            -3-                LRB9102189JSpc
 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.

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