WEST virginia legislature
2019 regular session
House Bill 2192
By Delegate Cooper
[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; specifying pawnbrokers requirement to transmit pawn and purchase information electronically to a third-party database; defining terms; providing reportable data through third-party database; providing that pawnbrokers are responsible for establishing and maintaining the database; providing that law-enforcement agencies may be charged for access to the database; providing who may access reportable data through the database; and specifying pawnbroker 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) The pawnbroker shall satisfy the requirements of §47-26-2 of this code by transmitting the pawn and purchase transaction information electronically to a database in accordance with this section: Provided, That paper copies shall be made available for an on-site inspection upon request of any appropriate law-enforcement authority.
(b) As used in this section:
“Database” means a computer database established and maintained by a third party engaged in the business of establishing and maintaining one or more databases;
“Permitted user” means persons authorized by law-enforcement personnel to access the database;
“Reportable data” means the information required to be recorded by pawnbrokers for pawn and purchase transactions pursuant to §47-26-2 of this code;
“Reporting pawnbroker” means a pawnbroker who transmits reportable data electronically to the database; and
“Search” means the accessing of a single database record.
(c) The database shall provide appropriate law-enforcement officials with the information contained in §47-26-2 of this code of this article to facilitate the investigation of alleged property crimes while protecting the privacy rights of pawnbrokers and pawnshop customers with regard to their transactions.
(d) The database shall enable reporting pawnbrokers to transmit to the database through the Internet reportable data for each pawn and purchase transaction. The database shall contain the pawn and purchase transaction information recorded by reporting pawnbrokers pursuant to this section. 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 this section. Pawn and purchase transaction information shall maintain its confidential status and shall only be used for law-enforcement purposes consistent with the provisions of this article.
(e) Pawnbrokers shall be responsible for establishing and maintaining the database. Pawnbrokers may charge law-enforcement agencies for access to the database. Law-enforcement agencies may be charged directly by the third party or by the pawnbroker for access to the database, and the charge shall be reasonable in relation to the costs of the pawnbroker in establishing and maintaining the database.
(f) 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. Permitted users may access database information from any jurisdiction within this state. 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 within this state regardless of their jurisdiction.
(g) Pawnbrokers shall meet the following requirements:
(1) Provide all reportable data to permitted 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.
(h) 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 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.
(i) 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.