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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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