367.031. Receipt for pledged property--contents--definitions--third-party charge for database--access to database information, limitations--error in data, procedure--loss of pawn ticket, effect.
Receipt for pledged property--contents--definitions--third-partycharge for database--access to database information,limitations--error in data, procedure--loss of pawn ticket, effect.
367.031. 1. At the time of making any secured personal credit loan,the lender shall execute and deliver to the borrower a receipt for anddescribing the tangible personal property subjected to the securityinterest to secure the payment of the loan. The receipt shall contain thefollowing:
(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 ofidentifying the pledgor;
(3) The date of the transaction;
(4) An identification and description of the pledged goods, includingserial numbers if reasonably available;
(5) The amount of cash advanced or credit extended to the pledgor;
(6) The amount of the pawn service charge;
(7) The total amount which must be paid to redeem the pledged goodson the maturity date;
(8) The maturity date of the pawn transaction; and
(9) A statement to the effect that the pledgor is not obligated toredeem the pledged goods, and that the pledged goods may be forfeited tothe pawnbroker sixty days after the specified maturity date.
2. The pawnbroker may be required, in accordance with localordinances, to furnish appropriate law enforcement authorities with copiesof information contained in subdivisions (1) to (4) of subsection 1 of thissection and information contained in subdivision (6) of subsection 4 ofsection 367.040. The pawnbroker may satisfy such requirements bytransmitting such information electronically to a database in accordancewith this section, except that paper copies shall be made available for anon-site inspection upon request of any appropriate law enforcementauthority.
3. As used in this section, the following terms mean:
(1) "Database", a computer database established and maintained by athird party engaged in the business of establishing and maintaining one ormore databases;
(2) "Permitted user", persons authorized by law enforcement personnelto access the database;
(3) "Reportable data", the information required to be recorded bypawnbrokers for pawn transactions pursuant to subdivisions (1) to (4) ofsubsection 1 of this section and the information required to be recorded bypawnbrokers for purchase transactions pursuant to subdivision (6) ofsubsection 4 of section 367.040;
(4) "Reporting pawnbroker", a pawnbroker who chooses to transmitreportable data electronically to the database;
(5) "Search", the accessing of a single database record.
4. The database shall provide appropriate law enforcement officialswith the information contained in subdivisions (1) to (4) of subsection 1of this section and other useful information to facilitate theinvestigation of alleged property crimes while protecting the privacyrights of pawnbrokers and pawnshop customers with regard to theirtransactions.
5. The database shall contain the pawn and purchase transactioninformation recorded by reporting pawnbrokers pursuant to this section andsection 367.040 and shall be updated as requested. The database shall alsocontain such security features and protections as may be necessary toensure that the reportable data maintained in the database can only beaccessed by permitted users in accordance with the provisions of thissection.
6. The third party's charge for the database shall be based on thenumber of permitted users. Law enforcement agencies shall be chargeddirectly for access to the database, and the charge shall be reasonable inrelation to the costs of the third party in establishing and maintainingthe database. No reporting pawnbroker or customer of a reportingpawnbroker shall be charged any costs for the creation or utilization ofthe database.
7. (1) The information in the database shall only be accessiblethrough the Internet to permitted users who have provided a secureidentification or access code to the database but shall allow suchpermitted users to access database information from any jurisdictiontransmitting such information to that database. Such permitted users shallprovide the database with an identifier number of a criminal action forwhich the identity of the pawn or purchase transaction customer is neededand a representation that the information is connected to an inquiry or tothe investigation of a complaint or alleged crime involving goods deliveredby that customer in that transaction. The database shall record, for eachsearch, the identity of the permitted user, the pawn or purchasetransaction involved in the search, and the identity of any customeraccessed through the search. Each search record shall be made available toother permitted users regardless of their jurisdiction. The database shallenable reporting pawnbrokers to transmit to the database through theInternet reportable data for each pawn and purchase transaction.
(2) Any person who gains access to information in the databasethrough fraud or false pretenses shall be guilty of a class C felony.
8. Any pawnbroker licensed under section 367.043 shall meet thefollowing requirements:
(1) Provide all reportable data to appropriate users by transmittingit through the Internet to the database;
(2) Transmit all reportable data for one business day to the databaseprior to the end of the following business day;
(3) Make available for on-site inspection to any appropriate lawenforcement official, upon request, paper copies of any pawn or purchasetransaction documents.
9. If a reporting pawnbroker or permitted user discovers any error inthe reportable data, notice of such error shall be given to the database,which shall have a period of thirty days in which to correct the error.Any reporting pawnbroker experiencing a computer malfunction preventing thetransmission of reportable data or receipt of search requests shall beallowed a period of at least thirty but no more than sixty days to repairsuch malfunction, and during such period such pawnbroker shall not bedeemed to be in violation of this section if good faith efforts are made tocorrect the malfunction. During the periods specified in this subsection,the reporting pawnbroker and permitted user shall arrange an alternativemethod or methods by which the reportable data shall be made available.
10. No reporting pawnbroker shall be obligated to incur any cost,other than Internet service costs, in preparing, converting, or deliveringits reportable data to the database.
11. If the pawn ticket is lost, destroyed, or stolen, the pledgor mayso notify the pawnbroker in writing, and receipt of such notice shallinvalidate such pawn ticket, if the pledged goods have not previously beenredeemed. Before delivering the pledged goods or issuing a new pawnticket, the pawnbroker shall require the pledgor to make a writtenaffidavit of the loss, destruction or theft of the ticket. The pawnbrokershall record on the written statement the identifying information required,the date the statement is given, and the number of the pawn ticket lost,destroyed, or stolen. The affidavit shall be signed by a notary publicappointed by the secretary of state pursuant to section 486.205, RSMo, toperform notarial acts in this state.
(L. 1951 p. 281 § 3, A.L. 1965 p. 114, A.L. 1990 H.B. 1125, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353)