Bill Text: WV HB2199 | 2019 | Regular Session | Introduced

West Virginia House Bill 2199 (Prior Session Legislation)

Introduced

Bill Title: Requiring pawnbrokers to providing certain information to law-enforcement agencies

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-01-09 - To House Judiciary [HB2199 Detail]

Download: West_Virginia-2019-HB2199-Introduced.html

WEST virginia legislature

2019 regular session

Introduced

House Bill 2199

By Delegates Cooper and Miller

[Introduced January 9, 2019; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-26-2a, relating to requiring pawnbrokers to providing certain information to law-enforcement agencies; providing information through third-party database; and specifying database requirements.

Be it enacted by the Legislature of West Virginia:

ARTICLE 26. PAWNBROKERS.

§47-26-2a. Providing information to law-enforcement agencies; providing information through third-party database.

(a) With regard to every pawn transaction, a pawnbroker is required to furnish appropriate law-enforcement authorities with:

(1) The name and address of the pawnshop;

(2) The name and address of the pledgor, the pledgor’s description, and the driver’s license number, military identification number, identification certificate number, or other official number capable of identifying the pledgor;

(3) The date of the transaction;

(4) An identification and description of the pledged goods, including serial numbers if reasonably available; and

(5) A signed document from the seller providing that the seller has the right to sell the property.

(b) The pawnbroker may satisfy the requirements of §47-26-2a(a) of this code transmitting the information electronically to a database in accordance with this section, except that paper copies shall be made available for an on-site inspection upon request of any appropriate law-enforcement authority.

(1) “Database” means a computer database established and maintained by a third party engaged in the business of establishing and maintaining one or more databases;

(2) “Permitted user” means persons authorized by law-enforcement personnel to access the database;

(3) “Reportable data” means the information required to be recorded by pawnbrokers for pawn transactions pursuant to §47-26-2a(a) of this code;

(4) “Reporting pawnbroker” means a pawnbroker who chooses to transmit reportable data electronically to the database; and

(5) “Search” means the accessing of a single database record.

(d) The database shall provide appropriate law-enforcement officials with the information contained in §47-26-2a(a) of this code and other useful information to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.

(e) The database shall contain the pawn and purchase transaction information recorded by reporting pawnbrokers pursuant to this section and shall be updated as requested. The database shall also contain security features and protections necessary to ensure that the reportable data maintained in the database can only be accessed by permitted users in accordance with the provisions of §47-26-2a of this code.

(f) The third party’s charge for the database shall be based on the number of permitted users. Law-enforcement agencies shall be charged directly for access to the database, and the charge shall be reasonable in relation to the costs of the third party in establishing and maintaining the database. No reporting pawnbroker or customer of a reporting pawnbroker shall be charged costs for the creation or use of the database.

(g) The information in the database may only be accessible through the Internet to permitted users who have provided a secure identification or access code to the database and allow the permitted users to access database information from any jurisdiction transmitting the information to that database. The permitted users shall provide the database with an identifier number of a criminal action for which the identity of the pawn or purchase transaction customer is needed and a representation that the information is connected to an inquiry or to the investigation of a complaint or alleged crime involving goods delivered by that customer in that transaction. The database shall record, for each search, the identity of the permitted user, the pawn or purchase transaction involved in the search, and the identity of any customer accessed through the search. Each search record shall be made available to other permitted users regardless of their jurisdiction. The database shall enable reporting pawnbrokers to transmit to the database through the Internet reportable data for each pawn and purchase transaction.

(h) Pawnbrokers shall meet the following requirements:

(1) Provide all reportable data to appropriate users by transmitting it through the Internet to the database;

(2) Transmit all reportable data for one business day to the database prior to the end of the following business day; and

(3) Make available for on-site inspection to any appropriate law-enforcement official, upon request, paper copies of any pawn or purchase transaction documents.

(i) If a reporting pawnbroker or permitted user discovers any error in the reportable data, notice of the error shall be given to the database, which has 30 days in which to correct the error. Any reporting pawnbroker experiencing a computer malfunction preventing the transmission of reportable data or receipt of search requests is allowed at least 30 but no more than 60 days to repair the malfunction, and during that period the pawnbroker is not in violation of this section if good faith efforts are made to correct the malfunction. During the periods specified in this subsection, the reporting pawnbroker and permitted user shall arrange an alternative method or methods by which the reportable data shall be made available.

(j) A reporting pawnbroker is not obligated to incur any cost, other than Internet service costs, in preparing, converting, or delivering its reportable data to the database.

NOTE: The purpose of this bill is to require pawnbrokers to provide certain information to law-enforcement agencies. The bill provides a mechanism to provide the information through a third-party database available on the Internet.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.