Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 348 (2018GS)

Sponsor

Rep. Edwards, R.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "children's product" and "children's product resale business"; Ŝ→ Ŝ→ [ [ ] ←Ŝ 13a1 and Ŝ→ [ ] 13a
• modifies the definition of "identification"; and ] ←Ŝ ←Ŝ
• exempts children's product resale businesses from Ŝ→ [ the reporting and holding period ] 14a ←Ŝ requirements regarding secondhand merchandise dealers.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 28, 2018 at 1:49 PM by lerror.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 5, 2018 at 8:08 PM by estauffer.
This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 8, 2018 at 2:50 PM by lpoole.
This document includes Senate 2nd and 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Thu, Mar 8, 2018 at 3:15 PM by lpoole.
SECONDHAND MERCHANDISE DEALERS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca P. Edwards
Senate Sponsor: 
 Deidre M. Henderson
LONG TITLE
General Description:
This bill modifies the Pawnshop and Secondhand Merchandise Transaction Information
Act.
Highlighted Provisions:
This bill:
▸ defines "children's product" and "children's product resale business"; 
Ŝ→
Ŝ→ [
[
] ←Ŝ
13a1 
and
Ŝ→ [
]
13a 
 ▸ modifies the definition of "identification"; and
] ←Ŝ
←Ŝ
▸ exempts children's product resale businesses from 
Ŝ→ [
the reporting and holding period
]
14a 
 ←Ŝ
requirements regarding secondhand merchandise dealers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-32a-102
, as last amended by Laws of Utah 2016, Chapter 421
13-32a-104
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-32a-102
 is amended to read:
13-32a-102.
Definitions.
As used in this chapter:
(1) "Account" means the Pawnbroker and Secondhand Merchandise Operations
Restricted Account created in Section 
13-32a-113
.
(2) "Antique item" means an item:
(a) that is generally older than 25 years;
(b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
(c) that is furniture or other decorative objects produced in a previous time period, as
distinguished from new items of a similar nature; and
(d) obtained from auctions, estate sales, other antique shops, and individuals.
(3) "Antique shop" means a business operating at an established location and that
offers for sale antique items.
(4) "Board" means the Secondhand Merchandise Advisory Board created by this
chapter.
(5) "Central database" or "database" means the electronic database created and
operated under Section 
13-32a-105
.
(6) "Children's product" means a used item that is for the exclusive use of children, or
for the care of children, including clothing and toys.
(7) "Children's product resale business" means a business operating at a commercial
location and primarily selling children's products.
[
(6)
] 
(8)
 "Coin" means a piece of currency, usually metallic and usually in the shape of
a disc that is:
(a) stamped metal, and issued by a government as monetary currency; or
(b) (i) worth more than its current value as currency; and
(ii) worth more than its metal content value.
[
(7)
] 
(9)
 "Coin dealer" means a person or business whose sole business activity is the
selling and purchasing of coins and precious metals.
[
(8)
] 
(10)
 "Commercial grade precious metals" or "precious metals" means ingots,
monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the
refiner or fabricator indicating their fineness and include:
(a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious
metals; or
(b) .925 fine sterling silver ingots, art bars, and medallions.
[
(9)
] 
(11)
 "Division" means the Division of Consumer Protection in [
Title 13,
] Chapter
1, Department of Commerce.
[
(10)
] 
(12)
 "Identification" means a valid United States federal or state-issued photo
personal identification, including a United States passport, a United States passport card, [
U.S.
]
United States
 military personal identification, 
Ĥ→
Ŝ→ [
[
] ←Ŝ
and
Ŝ→ [
]
] ←Ŝ
←Ĥ
 a
64a1 
Ĥ→
Ŝ→ [
 [
] ←Ŝ
driver
Ŝ→ [
] 
 driver's
] ←Ŝ
←Ĥ
 license
64a 
Ĥ→
Ŝ→ [
, or a Utah driving privilege card
] ←Ŝ
←Ĥ
 .
[
(11)
] 
(13)
 "Local law enforcement agency" means the law enforcement agency that
has direct responsibility for ensuring compliance with central database reporting requirements
for the jurisdiction where the pawnshop or secondhand business is located.
[
(12)
] 
(14)
 "Misappropriated" means stolen, embezzled, converted, obtained by theft,
or otherwise appropriated without authority of the lawful owner.
[
(13)
] 
(15)
 "Original victim" means a victim who is not a party to the pawn or sale
transaction and includes:
(a) an authorized representative designated in writing by the original victim; and
(b) an insurer who has indemnified the original victim for the loss of the described
property.
[
(15)
] 
(16)
 "Pawn and secondhand business" means any business operated by a
pawnbroker or secondhand merchandise dealer, or the owner or operator of the business.
[
(14)
] 
(17)
 "Pawnbroker" means a person whose business engages in the following
activities:
(a) loans money on one or more deposits of personal property;
(b) deals in the purchase, exchange, or possession of personal property on condition of
selling the same property back again to the pledgor or depositor;
(c) loans or advances money on personal property by taking chattel mortgage security
on the property and takes or receives the personal property into his possession, and who sells
the unredeemed pledges;
(d) deals in the purchase, exchange, or sale of used or secondhand merchandise or
personal property; or
(e) engages in a licensed business enterprise as a pawnshop.
[
(16)
] 
(18)
 "Pawnshop" means the physical location or premises where a pawnbroker
conducts business.
[
(17)
] 
(19)
 "Pawn ticket" means a document upon which information regarding a pawn
transaction is entered when the pawn transaction is made.
[
(18)
] 
(20)
 "Pawn transaction" means an extension of credit in which an individual
delivers property to a pawnbroker for an advance of money and retains the right to redeem the
property for the redemption price within a fixed period of time.
[
(19)
] 
(21)
 "Pledgor" means a person who conducts a pawn transaction with a
pawnshop.
[
(20)
] 
(22)
 "Property" means any tangible personal property.
[
(21)
] 
(23)
 "Register" means the record of information required under this chapter to be
maintained by pawn and secondhand businesses. The register is an electronic record that is in a
format that is compatible with the central database.
[
(22)
] 
(24)
 "Retail media item" means recorded music, a movie, or a video game that is
produced and distributed in hard copy format for retail sale.
[
(23)
] 
(25)
 "Scrap jewelry" means any item purchased solely:
(a) for its gold, silver, or platinum content; and
(b) for the purpose of reuse of the metal content.
[
(24)
] 
(26)
 (a) "Secondhand merchandise dealer" means an owner or operator of a
business that:
(i) deals in the purchase, exchange, or sale of used or secondhand merchandise or
personal property; and
(ii) does not function as a pawnbroker.
(b) "Secondhand merchandise dealer" does not include:
(i) the owner or operator of an antique shop;
(ii) any class of businesses exempt by administrative rule under Section 
13-32a-112.5
;
(iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,
and outboard motor dealers as defined in Section 
41-1a-102
;
(iv) the sale of secondhand goods at events commonly known as "garage sales," "yard
sales," or "estate sales";
(v) the sale or receipt of secondhand books, magazines, or post cards;
(vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
or charitable organizations or any school-sponsored association, and for which no
compensation is paid;
(vii) the sale or receipt of secondhand clothing and shoes;
(viii) any person offering [
his
] 
the person's
 own personal property for sale, purchase,
consignment, or trade via the Internet;
(ix) any person [
or entity
] offering the personal property of others for sale, purchase,
consignment, or trade via the Internet, when that person or entity does not have, and is not
required to have, a local business or occupational license or other authorization for this activity;
(x) any owner or operator of a retail business that:
(A) receives used merchandise as a trade-in for similar new merchandise ; or
(B) receives used retail media items as a trade-in for similar new or used retail media
items;
(xi) an owner or operator of a business that contracts with other persons or entities to
offer those persons' secondhand goods for sale, purchase, consignment, or trade via the
Internet;
(xii) any dealer as defined in Section 
76-6-1402
, which concerns scrap metal and
secondary metals; [
or
]
(xiii) the purchase of items in bulk that are:
(A) sold at wholesale in bulk packaging;
(B) sold by a person licensed to conduct business in Utah; and
(C) regularly sold in bulk quantities as a recognized form of sale
; or
(xiv) the owner or operator of a children's product resale business
.
Section 2. Section 
13-32a-104
 is amended to read:
13-32a-104.
Register required to be maintained -- Contents -- Identification of
items -- Prohibition against pawning or selling certain property.
(1) [
Every
] 
A
 pawnbroker or secondhand merchandise dealer shall keep a register of
each article of property a person pawns or sells to the pawnbroker or secondhand merchandise
dealer, except as provided in Subsection 
13-32a-102
[
(23)
]
(26)
(b). [
Every
] 
A
 pawn and
secondhand business owner or operator, or [
his
] 
the owner's or operator's
 employee, shall enter
the following information regarding every article pawned or sold to the owner or employee:
(a) the date and time of the transaction;
(b) the pawn transaction ticket number, if the article is pawned;
(c) the date by which the article must be redeemed;
(d) the following information regarding the person who pawns or sells the article:
(i) the person's name, residence address, and date of birth;
(ii) the number of the driver license or other form of positive identification presented
by the person, and notations of discrepancies if the person's physical description, including
gender, height, weight, race, age, hair color, and eye color, does not correspond with
identification provided by the person;
(iii) the person's signature; and
(iv) a legible fingerprint of the person's right index finger, or if the right index finger
cannot be fingerprinted, a legible fingerprint of the person with a written notation identifying
the fingerprint and the reason why the index finger's print was unavailable;
(e) the amount loaned on or paid for the article, or the article for which it was traded;
(f) the identification of the pawn or secondhand business owner or the employee,
whoever is making the register entry; and
(g) an accurate description of the article of property, including available identifying
marks such as:
(i) names, brand names, numbers, serial numbers, model numbers, color,
manufacturers' names, and size;
(ii) metallic composition, and any jewels, stones, or glass;
(iii) any other marks of identification or indicia of ownership on the article;
(iv) the weight of the article, if the payment is based on weight;
(v) any other unique identifying feature;
(vi) gold content, if indicated; and
(vii) if multiple articles of a similar nature are delivered together in one transaction and
the articles do not bear serial or model numbers and do not include precious metals or
gemstones, such as musical or video recordings, books, or hand tools, the description of the
articles is adequate if it includes the quantity of the articles and a description of the type of
articles delivered.
(2) A pawn or secondhand business may not accept any personal property if, upon
inspection, it is apparent that serial numbers, model names, or identifying characteristics have
been intentionally defaced on that article of property.
(3) (a) A person may not pawn or sell any property to a business regulated under this
chapter if the property is subject to being turned over to a law enforcement agency in
accordance with Title 77, Chapter 24a, Lost or Mislaid Personal Property.
(b) If an individual attempts to sell or pawn property to a business regulated under this
chapter and the employee or owner of the business knows or has reason to know that the
property is subject to Title 77, Chapter 24a, Lost or Mislaid Personal Property, the employee or
owner shall advise the individual of the requirements of Title 77, Chapter 24a, Lost or Mislaid
Personal Property, and may not receive the property in pawn or sale.
(4) A violation of this section is a class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
Legislative Review Note
Office of Legislative Research and General Counsel