COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE

2003 REGULAR SESSION 2002-2003 INTERIM

MEASURE

2003 RS BR / 1728 / Amendment: / Committee / Floor
Bill #: / SB 169 / Amendment #
SUBJECT/TITLE / An ACT relating to pawn brokers
SPONSOR / Senator Dan Seum

MANDATE SUMMARY

Unit of Government: / X / City; / X / County; / X / Urban County Government

Program/

Office(s) Impacted: / County Jails, local law enforcement
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / X / Modifies Existing / Adds New / Eliminates Existing

PURPOSE/MECHANICS

The measure requires pawn brokers to maintain personal identification information on all persons from whom they receive property, a serial number or other identifying information for all property received, and authorizes the establishment of a database for transmission to local law enforcement the required information. The measure imposes a fine of $1000 or imprisonment in the county jail for not more than a year, or both, for persons who are not permitted users who obtain access to the data base under false pretenses.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The fiscal impact of SB 169 on local governments is indeterminable, but is expected to be minimal. To support the integrity of the required identifying information accessible through the database, the measure provides penalties for persons who are not permitted users who obtain access under false pretenses. The measure imposes a fine of one thousand dollars ($1000) and/or imprisonment in the county jail for not more than one year for noncompliance.

It is not possible to predict how many individuals will choose to violate the provisions of the measure. However, for each look-up, the database must be designed to record the identity of the person doing the look-up. In cases where inappropriate access to the database occur, law enforcement should easily be able to identify and process those who choose to not comply with provisions of the measure. The measure enhances local law enforcement's ability to comply with existing requirements.

County jails will be responsible for housing individuals who do not comply with provisions of the measure. The cost to house individuals in the county jail is $27.51 per day and could be for up to one year.

DATA SOURCE(S) / LRC Staff
KY jailers Association
PREPARER / Doug Huddleston / REVIEW / DATE

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