13-32a-106 - Transaction information provided to the central database -- Protected information.
13-32a-106. Transaction information provided to the central database -- Protectedinformation.
(1) The information required to be recorded under Sections 13-32a-103 and 13-32a-104that is capable of being transmitted electronically shall be transmitted electronically to the centraldatabase on the next business day following the transaction.
(2) The pawnbroker shall maintain all pawn tickets generated by the pawnshop and shallmaintain the tickets in a manner so that the tickets are available to local law enforcementagencies as required by this chapter and as requested by any law enforcement agency as part of aninvestigation or reasonable random inspection conducted pursuant to this chapter.
(3) (a) If a pawn or secondhand business experiences a computer or electronicmalfunction that affects its ability to report transactions as required in Subsection (1), the pawnor secondhand business shall immediately notify the local law enforcement agency of themalfunction.
(b) The pawn or secondhand business shall solve the malfunction within three businessdays or notify law enforcement under Subsection (4).
(4) If the computer or electronic malfunction under Subsection (3) cannot be solvedwithin three business days, the pawn or secondhand business shall notify the local lawenforcement agency of the reasons for the delay and provide documentation from a reputablecomputer maintenance company of the reasons why the computer or electronic malfunctioncannot be solved within three business days.
(5) A computer or electronic malfunction does not suspend the pawn or secondhandbusiness' obligation to comply with all other provisions of this chapter.
(6) During the malfunction under Subsections (3) and (4), the pawn or secondhandbusiness shall:
(a) arrange with the local law enforcement agency a mutually acceptable alternativemethod by which the pawn or secondhand business provides the required information to the locallaw enforcement official; and
(b) a pawnshop shall maintain the pawn tickets and other related information requiredunder this chapter in a written form.
(7) A pawn or secondhand business that violates the electronic transaction reportingrequirement of this section is subject to an administrative fine of $50 per day if:
(a) the pawn or secondhand business is unable to submit the information electronicallydue to a computer or electronic malfunction;
(b) the three business day period under Subsection (3) has expired; and
(c) the pawn or secondhand business has not provided documentation regarding itsinability to solve the malfunction as required under Subsection (4).
(8) A pawn or secondhand business is not responsible for a delay in transmission ofinformation that results from a malfunction in the central database.
Amended by Chapter 352, 2007 General Session