State of Illinois
91st General Assembly

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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
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.

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