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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 require2 forms of8 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 2twoforms 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 HB0619 Enrolled -3- LRB9102189JSpc 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 HB0619 Enrolled -4- LRB9102189JSpc 1 becoming law.