CHAPTER 173

FORMERLY

SENATE BILL NO. 139

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend subsection §2302(c), Title 24 of the Delaware Code by deleting paragraph (c) in its entirety and substituting in lieu thereof the following:

"(c) The forms required by subsections (a) and (b) of this section shall be completed immediately after any articles or goods have been purchased or acquired and shall be submitted electronically by noon the next business day, in a format to be determined by the Secretary of the Department of Safety and Homeland Security, to the law-enforcement agency having primary jurisdiction over the area in which the business is located. Forms submitted under this section shall be kept confidential and are not public records."

Section 2. Amend §2312, Title 24 of the Delaware Code by inserting a new paragraph (d) as follows:

"(d) Every person receiving a license for conducting the business of pawnbroker, secondhand dealer or scrap metal processor, shall annually pay a reasonable subscription fee, not to exceed $300, to the electronic reporting system designated by the Secretary of the Department of Safety and Homeland Security."

Section 3. The provisions of this Act shall become effective on 9 months from the date of enactment.

Section 4. If any provision of this Act or the application thereof to any person, thing or circumstances, is held invalid, such invalidity shall not affect the provisions of this Act that can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.

Approved August 16, 2011