New Jersey-2018-A398-Introduced

An Act concerning pawnbroker transaction reports and amending R.S.45:22-34.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.45:22-34 is amended to read as follows:

45:22-34. a. All pawnbrokers or dealers in secondhand goods, in addition to keeping a proper record of the deposit and redemption of all goods and pledges shall, each day, [except Sunday, before eleven o'clock in the forenoon, deliver to the chief of police, or other head of the police department of the municipality having an established police department and in which said pawnbroker or dealer has his place of business, a legible and correct transcript, on blank forms to be furnished by said police department, from the book or books in which said pawnbroker or dealer keeps his record of the deposit or redemption of goods and pledges, showing the description of each article or thing received by him during the business day immediately preceding the filing of the report, together with the amount of money loaned thereon, and a description of the person making the pledge. In the case of business done on Saturday such report shall be delivered to the chief of police or head of the police department before eleven o'clock A.M. of the succeeding Monday] file a transaction report with the online system established pursuant to subsection b. of this section. The transaction report shall contain the following information about the business day immediately preceding the filing of the report:

(1) A description, including a digital photograph, of each article received by the pawnbroker or dealer;

(2) The amount of money loaned or tendered in exchange for that article;

(3) A description of the person making the transaction, including a digital copy of the government issued identification of that person; and

(4) Any additional information that the Attorney General may require.

b. The Attorney General shall establish and operate an online system for pawnbrokers and dealers to report transactions. The system shall include a website and online forms for the reporting of information required of pawnbrokers and dealers pursuant to subsection a. of this section. Any information reported shall be confidential and shall be accessible only by state, federal, and local law enforcement officials.

c. Any pawnbroker or dealer in secondhand goods who fails to comply with the provisions of this section shall forfeit and pay to the municipality wherein he has his place of business a fine or penalty of one hundred dollars for [each and every] the first, second, and third offense, and five hundred dollars for the fourth offense and each subsequent offense.

(cf: R.S.45:22-34)

2. This act shall take effect on the 120th day following enactment, but the Attorney General may take such actions as necessary to fulfill the purposes of this act before that date.

STATEMENT

This bill requires pawnbrokers and dealers in secondhand goods to file daily transaction reports online. Under current law, pawnbrokers are required to deliver certain information on transactions each day to the appropriate law enforcement agency of the municipality in which the pawnbroker's place of business is located. Under the bill, pawnbrokers would instead file transaction reports online each day, using an online reporting system which the bill requires the Attorney General to establish.

The bill requires the daily transaction report to contain the following information about items received during the business day immediately preceding the filing of the report:

(1) A description, including a digital photograph, of each article received by the pawnbroker;

(2) The amount of money loaned or tendered in exchange for that article;

(3) A description of the person making the transaction, including a digital copy of the government issued identification of that person; and

(4) Any additional information that the Attorney General may require.

The bill requires the Attorney General to establish an online system for pawnbrokers and dealers to report daily transactions. The system shall include a website and online forms for the reporting of information required of pawnbrokers and dealers by the bill. Any information reported shall be confidential and shall be accessible only by state, federal, and local law enforcement officials.

The bill also increases the penalties for violations of the reporting requirement. Under current law, pawnbrokers are subject to a one hundred dollar penalty for each failure to comply with the law. Under the bill, pawnbrokers would be subject to a one hundred dollar penalty for the first, second, and third offenses, and a five hundred dollar penalty for the fourth and each subsequent offense.

This bill is a response to innovations in technology that may assist law enforcement in investigating reports of stolen property. The current daily reporting statute for pawnbrokers can result in a large and unwieldy amount of paperwork being delivered to police departments. The online system will be a more accessible and practical tool to help state, federal, and local law enforcement officials locate stolen property.