Full Text of HB6222 96th General Assembly
HB6222 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6222
Introduced 2/11/2010, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
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205 ILCS 510/5 |
from Ch. 17, par. 4655 |
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Amends the Pawnbroker Regulation Act. Provides that a pawnbroker must, at the time of making a loan or purchase, require the signature and right thumbprint of the person pledging or pawning any goods on all pawn tickets, bills of sale, or ledger cards retained by the licensee. Provides that if the person is unable to write, then the person shall sign by mark. Provides that if the person signs by mark, then the pawnbroker shall record on a separate signature card information that shall enable the pawnbroker to identify the person in case of the loss of the ticket. Provides that if the person does not have a right thumb, then a clear fingerprint shall be obtained using any other existing finger. Effective January 1, 2011.
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A BILL FOR
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HB6222 |
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LRB096 16759 MJR 32054 b |
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| AN ACT concerning financial regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Pawnbroker Regulation Act is amended by | 5 |
| changing Section 5 as follows:
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| (205 ILCS 510/5) (from Ch. 17, par. 4655)
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| Sec. 5. Record requirements.
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| (a) Except in municipalities located in counties having | 9 |
| 3,000,000 or more
inhabitants, every pawn and loan broker shall | 10 |
| keep a standard record book
that has been approved by the | 11 |
| sheriff of the county in which the pawnbroker
does business. In | 12 |
| municipalities in counties with
3,000,000 or more inhabitants, | 13 |
| the record book shall be approved by the police
department of | 14 |
| the municipality in which the pawn or loan broker does | 15 |
| business.
At the time of each and every loan or taking of a | 16 |
| pledge,
an accurate account and description, in the English | 17 |
| language, of all the
goods, articles and other things pawned or | 18 |
| pledged, the amount of money,
value or thing loaned thereon, | 19 |
| the time of pledging the same, the rate of
interest to be paid | 20 |
| on such loan, and the name and residence of the person
making | 21 |
| such pawn or pledge shall be printed, typed, or written in ink | 22 |
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the record book. Such entry shall include the serial number | 23 |
| or
identification number of items received which bear such
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HB6222 |
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LRB096 16759 MJR 32054 b |
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| number. Except for items purchased from dealers possessing a | 2 |
| federal employee
identification number who have provided a | 3 |
| receipt to the pawnbroker, every
pawnbroker shall also record | 4 |
| in his book, an accurate account and description,
in the | 5 |
| English language, of all goods, articles and other things | 6 |
| purchased or
received for the purpose of resale or loan | 7 |
| collateral by the pawnbroker from
any source, not in the course | 8 |
| of a pledge or loan, the time of such purchase
or receipt and | 9 |
| the name and address of the person or business which sold or
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| delivered such goods, articles, or other things to the | 11 |
| pawnbroker. No entry
in such book shall be erased, mutilated or | 12 |
| changed.
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| (b) Every pawnbroker shall require identification to be
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| shown him by each person pledging or pawning any goods, | 15 |
| articles or other
things to the pawnbroker. A pawnbroker must, | 16 |
| at the time of making a loan or purchase, require the signature | 17 |
| and right thumbprint of the person pledging or pawning any | 18 |
| goods on all pawn tickets, bills of sale, or ledger cards | 19 |
| retained by the licensee. If the person is unable to write, | 20 |
| then the person shall sign by mark. If the person signs by | 21 |
| mark, then the pawnbroker shall record on a separate signature | 22 |
| card information that shall enable the pawnbroker to identify | 23 |
| the person in case of the loss of the ticket. If the person | 24 |
| does not have a right thumb, then a clear fingerprint shall be | 25 |
| obtained using any other existing finger. If the identification | 26 |
| shown is a driver's license
or a State identification card |
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HB6222 |
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LRB096 16759 MJR 32054 b |
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| issued by the Secretary of State and contains a
photograph of | 2 |
| the person being identified,
only one form of identification | 3 |
| must be shown. If the identification shown
is not a driver's | 4 |
| license or a State identification card issued by the
Secretary
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| of State and does not contain a photograph, 2 forms of | 6 |
| identification must be
shown, and one of the 2 forms of
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| identification must
include his or her residence address. These | 8 |
| forms of identification shall
include, but not be limited to, | 9 |
| any of the following: driver's license,
social security card, | 10 |
| utility bill, employee or student identification card,
credit | 11 |
| card, or a civic, union or professional association membership | 12 |
| card.
In addition, in a municipality with a population of | 13 |
| 1,000,000 or more
inhabitants, if the customer does not have an | 14 |
| identification issued by a
governmental entity containing a | 15 |
| photograph of the person being identified, the
pawnbroker shall | 16 |
| photograph the customer in color and record the customer's
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| name, residence address, date of birth, social security number, | 18 |
| gender, height,
and weight on the reverse side of the | 19 |
| photograph. If the customer has no
social security number,
the | 20 |
| pawnbroker shall record this fact.
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| A county or municipality, including a home rule unit, may | 22 |
| regulate a
pawnbroker's identification requirements for | 23 |
| persons pledging or pawning goods,
articles, or other things to | 24 |
| the pawnbroker in a manner that is not less
restrictive than | 25 |
| the regulation by the State of a pawnbroker's identification
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| requirements for persons pledging or pawning goods, articles, |
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HB6222 |
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LRB096 16759 MJR 32054 b |
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| or other things.
A home rule unit
may not regulate a | 2 |
| pawnbroker's identification requirements for persons
pledging
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| or pawning goods, articles, or other things to the pawnbroker | 4 |
| in a manner less
restrictive than the regulation by the State | 5 |
| of a pawnbroker's identification
requirements for persons | 6 |
| pledging or pawning goods, articles, or other things.
This | 7 |
| Section is a limitation under subsection (i) of Section 6 of | 8 |
| Article VII
of the Illinois Constitution on the concurrent | 9 |
| exercise by home rule units of
the powers and functions | 10 |
| exercised by the State.
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| (c) A pawnbroker may maintain the records required by | 12 |
| subsection (a) in
computer form if the computer form has been | 13 |
| approved by the Commissioner, the
sheriff of the county in | 14 |
| which the shop is located, and the police department
of the | 15 |
| municipality in which the shop is located.
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| (d) Records, including reports to the Commissioner, | 17 |
| maintained by
pawnbrokers shall be confidential, and no | 18 |
| disclosure of pawnbroker records
shall be made except | 19 |
| disclosures authorized by this Act or ordered by a court
of | 20 |
| competent jurisdiction. No record transferred to a | 21 |
| governmental official
shall be improperly disclosed, provided | 22 |
| that use of those records as evidence
of a felony or | 23 |
| misdemeanor shall be a proper purpose.
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| (e) Pawnbrokers and their associations may lawfully give | 25 |
| appropriate
governmental agencies computer equipment for the | 26 |
| purpose of transferring
information pursuant to this Act.
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HB6222 |
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LRB096 16759 MJR 32054 b |
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| (Source: P.A. 91-608, eff. 8-19-99; 92-215, eff. 8-2-01.)
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| Section 99. Effective date. This Act takes effect January | 3 |
| 1, 2011.
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