HLS 14RS-498 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 636
BY REPRESENTATIVES BROADWATER, MACK, AND PUGH
SECONDHAND DEALERS: Requires pawn brokers, secondhand dealers, and scrap metal
recyclers to provide certain information about sellers of goods
AN ACT1
To amend and reenact R.S. 37:1798(A)(1)(introductory paragraph) and (a), (2), and (3),2
1866(A), and 1972(A), relative to used or secondhand goods; to require pawnbrokers3
to provide both transactional and personally identifiable information regarding a4
transaction to law enforcement; to require secondhand dealers to provide both5
transactional and personally identifiable information regarding a transaction to law6
enforcement; to require scrap metal recyclers to provide both transactional and7
personally identifiable information regarding a transaction to law enforcement; and8
to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:1798(A)(1)(introductory paragraph) and (a), (2), and (3),11
1866(A), and 1972(A) are hereby amended and reenacted to read as follows: 12
§1798. Information furnished to police, sheriff, or Department of Public Safety and13
Corrections14
A.(1) Every pawnbroker shall provide all transactional information,15
including both the transactional information and personally identifiable information,16
obtained pursuant to R.S. 37:1796 to the chief of police of the city or town in which17
he is doing business or to the sheriff of the parish in which he is doing business, on18
a daily basis by the end of the next business day or on such less frequent basis as is19
required by the chief of police or sheriff. The means for providing the transactional20 HLS 14RS-498 ORIGINAL
HB NO. 636
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information required under this Section shall be selected by the chief of police or1
sheriff and shall be one of the following:2
(a) By electronic transmission if the pawnbroker has the means available to3
make transmissions in electronic form via a system which makes solely transactional4
the information available for transmission and for examination by the chief of police5
of the city or town in which he is doing business, or by the sheriff of the parish in6
which he is doing business, or, when acting pursuant to Paragraph (3) of this7
Subsection, by the Department of Public Safety and Corrections, division of8
probation and parole.9
* * *10
(2) In the event transactional the information submitted pursuant to this11
Section is transmitted electronically pursuant to Subparagraph (A)(1)(a) of this12
Section, the appropriate law enforcement official may, for purposes of an13
investigation of a crime relating to a particular pawn transaction, request the14
pawnbroker to mail or fax such official the personally identifiable information15
relating to such transaction under investigation. The pawnbroker shall deliver the16
personally identifiable information relating to the identified transaction to the17
appropriate law enforcement official within twenty-four hours of the request. In the18
event the pawnbroker transfers information in printed form pursuant to Subparagraph19
(A)(1)(b) or (c) of this Section, the pawnbroker shall not also be required to transmit20
such information in electronic form pursuant to Subparagraph (A)(1)(a) of this21
Section.22
(3) If a pawnshop is requested by the Department of Public Safety and23
Corrections, division of probation and parole to provide transactional the24
information obtained pursuant to R.S. 37:1796 for the purpose of an investigation of25
a specific crime relating to a particular pawn transaction, then such transactional the26
information, including both the transactional information and personally identifiable27
information, shall be tendered. The means for tendering the transactional28 HLS 14RS-498 ORIGINAL
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information shall be selected by the department and the selection shall be limited to1
the means specified in Paragraph (1) of this Subsection.2
* * *3
§1866. Daily report of entries4
A.(1) Every secondhand dealer licensed under the provisions of this Part5
shall make out and deliver to the chief of police of the city or town or to the sheriff6
of the parish in which he is doing business, every day before the hour of twelve7
noon, a legible and correct copy of the entries in the book mentioned in R.S. 37:18648
during the previous day. The information submitted pursuant to this Section shall9
include both the transactional information and personally identifiable information.10
The means for providing the transactional information required under this Section11
shall be by electronic transmission.12
(2) The appropriate law enforcement official may, for purposes of an13
investigation of a crime relating to a particular secondhand transaction, request the14
secondhand dealer to mail or fax such official the personally identifiable information15
maintained pursuant to R.S. 37:1864 relating to such transaction under investigation.16
The secondhand dealer shall deliver the personally identifiable information,17
including both the transactional information and personally identifiable information,18
relating to the identified transaction to the appropriate law enforcement official19
within twenty-four hours of the request.20
* * *21
§1972. Daily report of entries22
A.(1) Every operator licensed pursuant to this Chapter shall produce and23
deliver to the chief of police of the city or town or to the sheriff of the parish in24
which he is doing business, every day before the hour of twelve noon, a legible and25
correct copy of the entries in the book mentioned in R.S. 37:1967 during the previous26
day. The information submitted pursuant to this Section shall include both the27
transactional information and personally identifiable information. The means for28 HLS 14RS-498 ORIGINAL
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providing the transactional information required under this Section shall be by1
electronic transmission.2
(2) The appropriate law enforcement official may, for purposes of an3
investigation of a crime relating to a particular scrap metal transaction, request the4
operator to mail or fax the official the personally identifiable information maintained5
pursuant to R.S. 37:1967 relating to the transaction under investigation. The6
operator shall deliver the personally identifiable information, including both the7
transactional information and personally identifiable information, relating to the8
identified transaction to the appropriate law enforcement official within twenty-four9
hours of the request.10
* * *11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 636
Abstract: Requires pawn brokers, secondhand dealers, and scrap metal recyclers to provide
both transactional and personally identifiable information about sellers of goods.
Present law requires every pawnbroker to maintain a permanent record of all transactions
of things pledged on the pawnshop premises and to provide all transactional information to
the chief of police of the city or town in which he is doing business or to the sheriff of the
parish in which he is doing business, on a daily basis by the end of the next business day or
on such less frequent basis as is required by the chief of police or sheriff. Present law further
provides that the means for providing the transactional information shall be selected by the
chief of police or sheriff and shall be one of the following:
(1)By electronic transmission if the pawnbroker has the means available to make
transmissions in electronic form via a system which makes solely transactional
information available for transmission and for examination by the chief of police of
the city or town in which he is doing business, or by the sheriff of the parish in which
he is doing business.
(2)By placing in the U. S. mail.
(3)By sending a facsimile.
Proposed law retains present law but adds the requirement that the pawnbroker also include
the personally identifiable information.
Present law requires every secondhand dealer to maintain records of all purchases of used
or secondhand goods or junk and to make out and deliver to the chief of police of the city
or town or to the sheriff of the parish in which he is doing business, every day before the HLS 14RS-498 ORIGINAL
HB NO. 636
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CODING: Words in struck through type are deletions from existing law; words underscored
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hour of twelve noon, a legible and correct copy of the records of purchases from the
previous day. Present law further provides that the means for providing the transactional
information shall be by electronic transmission.
Proposed law retains present law but adds the requirement that the secondhand dealer also
include the personally identifiable information.
Present law requires every scrap metal recycler to keep a register and file reports or
electronically maintain data and be capable of readily providing reports of all purchases of
scrap metal and to produce and deliver to the chief of police of the city or town or to the
sheriff of the parish in which he is doing business, every day before the hour of twelve noon,
a legible and correct copy of the records of purchases of scrap metal from the previous day.
Present law further provides that the means for providing the transactional information shall
be by electronic transmission.
Proposed law retains present law but adds the requirement that the scrap metal recycler also
include the personally identifiable information.
(Amends R.S. 37:1798(A)(1)(intro. para.) and (a), (2), and (3), 1866(A), and 1972(A))