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Registration and Regulation Committee
Filed: 3/14/2007
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09500HB1678ham001 |
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LRB095 08429 MJR 33310 a |
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| AMENDMENT TO HOUSE BILL 1678
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| AMENDMENT NO. ______. Amend House Bill 1678 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Pawnbroker Regulation Act is amended by |
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| changing Section 7 as follows:
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| (205 ILCS 510/7) (from Ch. 17, par. 4657)
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| Sec. 7. Daily report.
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| (a) For purposes of this Section: |
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| "Reportable data" consists of the resale vendor's customer |
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| data, including:
(i) name and address;
(ii) sex, race, and |
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| approximate height;
(iii) date of birth; and
(iv) distinctive |
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| number from the customer's driver's license or identification |
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| by a government agency or the United States Postal Service. |
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| "Resale vendor" means any business or corporation in the |
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| State that purchases goods directly from the public, except |
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| businesses or corporations principally involved in the |
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09500HB1678ham001 |
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LRB095 08429 MJR 33310 a |
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| business of buying and selling vehicles that are already |
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| required to have title, not-for-profit organizations, |
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| charities, and businesses or corporations solely involved in |
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| the business of buying and selling clothing. |
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| "Transactional information" consists of the following:
(i) |
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| a clear and accurate description of the pledged things, |
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| including model and serial numbers if indicated on those |
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| things;
(ii) the date of the original transaction;
(iii) the |
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| maturity date of the original transaction;
and (iv) the date |
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| and amount of each payment made on a transaction, including any |
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| extensions made. |
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| "Third party provider" means a commercial enterprise |
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| primarily engaged in the business of establishing and |
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| maintaining an Internet repository for reportable data to law |
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| enforcement.
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| (b) Every resale vendor shall provide all transactional |
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| information obtained to the superintendent or chief of police |
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| of the city or town in which he or she is doing business or to |
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| the sheriff of the county in which he or she is doing business, |
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| on a daily basis by the end of the next business day or on such |
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| less frequent basis as is required by the law enforcement |
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| official. The means for providing the transactional |
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| information required under this Section shall be selected by |
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| the law enforcement official and shall be one of the following: |
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| (1) By electronic transmission if the resale vendor has |
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| the means available to make transmissions in electronic |
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09500HB1678ham001 |
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LRB095 08429 MJR 33310 a |
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| form. |
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| (2) By sending a facsimile. |
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| (3) By mailing through the U.S. Postal Service. |
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| In the event transactional information is transmitted |
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| electronically pursuant to item (1) of this subsection (b), the |
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| appropriate law enforcement official may, for purposes of an |
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| investigation of a crime relating to a particular transaction, |
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| request the resale vendor to mail or fax the official the |
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| personally identifiable information relating to such |
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| transaction under investigation. The resale vendor shall |
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| deliver the personally identifiable information relating to |
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| the identified transaction to the appropriate law enforcement |
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| official within 24 hours after the request. In the event the |
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| resale vendor transfers information in printed form pursuant to |
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| items (2) or (3) of this subsection (b), the resale vendor |
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| shall not also be required to transmit such information in |
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| electronic form pursuant to item (1) of this subsection (b). |
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| (c) Resale vendors must hold all items purchased from the |
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| public for a period of 21 days after transmitting transactional |
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| information via facsimile or U.S. Postal Service or 10 days |
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| after transmitting transactional information electronically |
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| prior to selling, distributing, or altering goods in any way. |
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| (d)
(a) Except as provided in subsection (e)
(b) , it
shall |
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| be the duty of every pawnbroker to make
out and deliver to
the |
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| sheriff of the county in which such pawnbroker does business, |
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| on each
day before the hours of 12 o'clock noon, a legible and |
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09500HB1678ham001 |
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LRB095 08429 MJR 33310 a |
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| exact copy from
the standard record book, as required in |
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| Section 5 of this Act, that lists
all personal property and any |
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| other valuable thing received
on deposit or
purchased during |
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| the preceding day, including the exact
time when
received or |
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| purchased, and a description of the person or person by whom
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| left in pledge, or from whom the same were purchased; provided, |
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| that in
cities or towns having 25,000 or more inhabitants,
a |
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| copy of
the such report shall at the same time also be |
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| delivered to the
superintendent of police or the chief police |
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| officer of such city or town.
Such report may be made by |
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| computer printout or input memory device if the
format has been |
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| approved by the local law enforcement agency.
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| (e)
(b) In counties with more than 3,000,000 inhabitants, a |
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| pawnbroker or resale vendor must
provide the daily report to |
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| the sheriff only if the pawnshop or resale vendor is located in |
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| an
unincorporated area of the county.
Pawnbrokers or resale |
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| vendors located in cities or towns in such counties must |
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| deliver such
reports to the superintendent of police or the |
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| chief police officer of such
city or town. |
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| (f) Resale vendors are not required to incur any costs or |
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| increased fees as the result of the city, town, or county |
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| collecting or processing records electronically under this |
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| Section. |
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| (g) Law enforcement may contract with a third party |
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| provider to establish a repository for the purpose of providing |
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| law enforcement agencies with access to transaction data to |
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09500HB1678ham001 |
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LRB095 08429 MJR 33310 a |
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| facilitate the investigation of alleged property crimes. |
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| (h) A third party provider shall do the following: |
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| (1) collect and maintain the transaction data and |
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| update the repository at least daily; |
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| (2) implement appropriate security measures and data |
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| recovery measures necessary to ensure the integrity of the |
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| data; and |
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| (3) ensure that the repository can be accessed only by |
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| approved law enforcement officers in accordance with this |
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| Article. |
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| (i) A third party provider may do the following: |
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| (1) charge a law enforcement agency a fee to access the |
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| repository that is reasonable in relation to the third |
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| party provider's costs in establishing and maintaining the |
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| repository; or |
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| (2) not charge a resale vendor or a resale vendor's |
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| customer a fee for the compilation or transmission of |
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| reportable data or for the creation, maintenance, or use of |
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| any repository. |
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| (j) A repository must do the following: |
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| (1) enable reporting to transmit data for each purchase |
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| transaction over the Internet in the format used by the |
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| resale vendor's computer software; |
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| (2) enable approved law enforcement officers who |
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| provide a secure identification or access code to access |
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| the reportable data contained in the repository over the |
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09500HB1678ham001 |
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LRB095 08429 MJR 33310 a |
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| Internet; |
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| (3) prevent unauthorized persons from accessing the |
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| data contained in the repository; |
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| (4) require approved law enforcement officers seeking |
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| access to the identity of the customer in a transaction to: |
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| (A) represent that the information is sought in |
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| connection with the investigation of a crime involving |
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| the goods delivered by the customer in that |
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| transaction; and |
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| (B) present
(i) a valid case number of a criminal |
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| proceeding or investigation for which the customer's |
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| identity is needed or
(ii) if a case number is not |
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| available, the name and badge number of the approved |
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| law enforcement officer seeking access to the |
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| customer's identity; |
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| (5) record the following information for each search of |
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| the repository: |
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| (A) the identity of the approved law enforcement |
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| personnel searching the repository; |
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| (B) the purchase transaction involved in the |
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| search; and |
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| (C) the identity of any customer whose information |
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| was accessed through the search; and |
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| (6) use a minimum of 128-bit encryption for all |
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| transmissions to and from the repository. |
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| (k) The data in the repository is confidential and may be |
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LRB095 08429 MJR 33310 a |
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| released or disclosed only to a law enforcement agency for the |
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| investigation of a crime or to the Commissioner for |
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| administrative purposes. A person who releases or discloses |
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| data in violation of this Section is guilty of a Class A |
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| misdemeanor. |
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| (l) The local law enforcement agency that receives |
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| information under this Section either directly from a resale |
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| vendor or from a third party provider shall follow standards |
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| for access to information, for control of data, and for |
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| safeguarding the information at least as comprehensive as |
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| National Crime Information Center information or standards |
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| prescribed for taking, using, and safeguarding information |
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| obtained or maintained pursuant to federal funds made available |
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| by or through the United States Department of Justice pursuant |
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| to 28 CFR 23.
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| (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)".
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