Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 38 First Substitute (2022GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• adds certain catalytic converter purchasers to the Pawnshop and Secondhand Merchandise Transaction Information Act;
• requires certain catalytic converter purchasers to document and input information into the central database for pawnshops and secondhand businesses;
• sets penalties for a catalytic converter purchaser's failure to document and input required information into the central database;
• requires certain catalytic converter purchasers to meet specific requirements in the Pawnshop and Secondhand Merchandise Transaction Information Act, including:
• holding period requirements;
• an annual fee;
• annual training requirements; and
• certain penalties;
• provides certain reporting requirements regarding catalytic converter theft for the multi-agency joint strike force;
• limits the type of payment for certain purchases of a catalytic converter;
• modifies the membership of the Pawnshop and Secondhand Merchandise Advisory Board;
• modifies the presumptions for stolen property in certain situations;

Every vote on this bill

Bill text

PROPERTY THEFT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Karen Mayne
LONG TITLE
General Description:
This bill concerns the purchase and theft of certain types of property.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ adds certain catalytic converter purchasers to the Pawnshop and Secondhand
Merchandise Transaction Information Act;
▸ requires certain catalytic converter purchasers to document and input information
into the central database for pawnshops and secondhand businesses;
▸ sets penalties for a catalytic converter purchaser's failure to document and input
required information into the central database;
▸ requires certain catalytic converter purchasers to meet specific requirements in the
Pawnshop and Secondhand Merchandise Transaction Information Act, including:
• holding period requirements;
• an annual fee;
• annual training requirements; and
• certain penalties;
▸ provides certain reporting requirements regarding catalytic converter theft for the
multi-agency joint strike force;
▸ limits the type of payment for certain purchases of a catalytic converter;
▸ modifies the membership of the Pawnshop and Secondhand Merchandise Advisory
Board;
▸ modifies the presumptions for stolen property in certain situations;
▸ provides penalties for the theft of a catalytic converter; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-1
, as last amended by Laws of Utah 2021, Chapter 266
13-32a-101
, as last amended by Laws of Utah 2007, Chapter 352
13-32a-102
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-104
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-105
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-106
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-106.5
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-108
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-109
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-109.5
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-110
, as last amended by Laws of Utah 2021, Chapter 66
13-32a-110.5
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-111
, as last amended by Laws of Utah 2020, Chapter 354
13-32a-112
, as last amended by Laws of Utah 2020, Chapter 354
13-32a-112.1
, as enacted by Laws of Utah 2019, Chapter 309
13-32a-112.5
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-113
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-114
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-115
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-116
, as last amended by Laws of Utah 2019, Chapter 309
13-32a-116.5
, as last amended by Laws of Utah 2019, Chapter 309
63G-2-305
, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
and 382
67-5-37
, as enacted by Laws of Utah 2020, Chapter 229
76-6-408
, as last amended by Laws of Utah 2019, Chapter 309
76-6-412
, as last amended by Laws of Utah 2021, Chapter 57
76-6-1406
, as renumbered and amended by Laws of Utah 2013, Chapter 187
78B-3-108
, as last amended by Laws of Utah 2012, Chapter 257
ENACTS:
13-32a-104.7
, Utah Code Annotated 1953
13-32a-118
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-2-1
 is amended to read:
13-2-1.
Consumer protection division established -- Functions.
(1) There is established within the Department of Commerce the Division of Consumer
Protection.
(2) The division shall administer and enforce the following:
(a) Chapter 5, Unfair Practices Act;
(b) Chapter 10a, Music Licensing Practices Act;
(c) Chapter 11, Utah Consumer Sales Practices Act;
(d) Chapter 15, Business Opportunity Disclosure Act;
(e) Chapter 20, New Motor Vehicle Warranties Act;
(f) Chapter 21, Credit Services Organizations Act;
(g) Chapter 22, Charitable Solicitations Act;
(h) Chapter 23, Health Spa Services Protection Act;
(i) Chapter 25a, Telephone and Facsimile Solicitation Act;
(j) Chapter 26, Telephone Fraud Prevention Act;
(k) Chapter 28, Prize Notices Regulation Act;
(l) Chapter 32a, Pawnshop [
and
]
,
 Secondhand Merchandise
, and Catalytic Converter
Transaction Information Act;
(m) Chapter 34, Utah Postsecondary Proprietary School Act;
(n) Chapter 34a, Utah Postsecondary School State Authorization Act;
(o) Chapter 41, Price Controls During Emergencies Act;
(p) Chapter 42, Uniform Debt-Management Services Act;
(q) Chapter 49, Immigration Consultants Registration Act;
(r) Chapter 51, Transportation Network Company Registration Act;
(s) Chapter 52, Residential Solar Energy Disclosure Act;
(t) Chapter 53, Residential, Vocational and Life Skills Program Act;
(u) Chapter 54, Ticket Website Sales Act;
(v) Chapter 56, Ticket 
Transferability Act; and
(w) Chapter 57, Maintenance Funding Practices Act.
Section 2. Section 
13-32a-101
 is amended to read:
CHAPTER 32a. PAWNSHOP, SECONDHAND MERCHANDISE, AND
CATALYTIC CONVERTER TRANSACTION INFORMATION ACT
13-32a-101.
Title.
This chapter is known as the "Pawnshop [
and
]
,
 Secondhand Merchandise
, and Catalytic
Converter
 Transaction Information Act."
Section 3. 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
, and Catalytic
Converter
 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 that deals
primarily in the purchase, exchange, or sale of antique items.
(4) "Automated recycling kiosk" means an interactive machine that:
(a) is installed inside a commercial site used for the selling of goods and services to
consumers;
(b) is monitored remotely by a live representative during the hours of operation;
(c) only engages in secondhand merchandise transactions involving wireless
communication devices; and
(d) has the following technological functions:
(i) verifies the seller's identity by a live representative using the individual's
identification;
(ii) generates a ticket; and
(iii) electronically transmits the secondhand merchandise transaction information to the
central database.
(5) "Automated recycling kiosk operator" means a person whose sole business activity
is the operation of one or more automated recycling kiosks.
(6) "Board" means the Pawnshop [
and
]
,
 Secondhand Merchandise
, and Catalytic
Converter
 Advisory Board created by this chapter.
(7) "Catalytic converter" means the same as that term is defined in Section 
76-6-1402
.
(8) (a) "Catalytic converter purchase" means a purchase from an individual of a used
catalytic converter that is no longer affixed to a vehicle.
(b) "Catalytic converter purchase" does not mean a purchase of a catalytic converter:
(i) from a business regularly engaged in automobile repair, crushing, dismantling,
recycling, or salvage;
(ii) from a new or used vehicle dealer licensed under Title 41, Chapter 3, Motor
Vehicle Business Regulation Act;
(iii) from another catalytic converter purchaser; or
(iv) that has never been affixed to a vehicle.
(9) "Catalytic converter purchaser" means a person who purchases a used catalytic
converter in a catalytic converter purchase.
[
(7)
] 
(10)
 "Central database" or "database" means the electronic database created and
operated under Section 
13-32a-105
.
[
(8)
] 
(11)
 "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.
[
(9)
] 
(12)
 "Children's product resale business" means a business operating at a
commercial location and primarily selling children's products.
[
(10)
] 
(13)
 "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.
[
(11)
] 
(14)
 "Coin dealer" means a person whose sole business activity is the selling and
purchasing of numismatic items and precious metals.
[
(12)
] 
(15)
 "Collectible paper money" means paper currency that is no longer in
circulation and is sold and purchased for the paper currency's collectible value.
[
(13)
] 
(16)
 (a) "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:
(i) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals;
or
(ii) .925 fine sterling silver ingots, art bars, and medallions.
(b) "Commercial grade precious metals" or "precious metals" does not include jewelry.
[
(14)
] 
(17)
 "Consignment shop" means a business, operating at an established location:
(a) that deals primarily in the offering for sale property owned by a third party; and
(b) where the owner of the property only receives consideration upon the sale of the
property by the business.
[
(15)
] 
(18)
 "Division" means the Division of Consumer Protection created in Chapter
1, Department of Commerce.
[
(16)
] 
(19)
 "Exonumia" means a privately issued token for trade that is sold and
purchased for the token's collectible value.
[
(17)
] 
(20)
 "Gift card" means a record that:
(a) is usable at:
(i) a single merchant; or
(ii) a specified group of merchants;
(b) is prefunded before the record is used; and
(c) can be used for the purchase of goods or services.
[
(18)
] 
(21)
 "Identification" means any of the following non-expired forms of
identification issued by a state government, the United States government, or a federally
recognized Indian tribe, if the identification includes a unique number, photograph of the
bearer, and date of birth:
(a) a United States Passport or United States Passport Card;
(b) a state-issued driver license;
(c) a state-issued identification card;
(d) a state-issued concealed carry permit;
(e) a United States military identification;
(f) a United States resident alien card;
(g) an identification of a federally recognized Indian tribe; or
(h) notwithstanding Section 
53-3-207
, a Utah driving privilege card.
[
(19)
] 
(22)
 "IMEI number" means an International Mobile Equipment Identity number.
[
(20)
] 
(23)
 "Indicia of being new" means property that:
(a) is represented by the individual pawning or selling the property as new;
(b) is unopened in the original packaging; or
(c) possesses other distinguishing characteristics that indicate the property is new.
[
(21)
] 
(24)
 "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 pawn or secondhand business 
or catalytic converter purchaser
 is
located.
[
(22)
] 
(25)
 "Numismatic item" means a coin, collectible paper money, or exonumia.
[
(23)
] 
(26)
 "Original victim" means a victim who is not a party to the pawn or sale
transaction 
or catalytic converter purchase
 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.
[
(24)
] 
(27)
 "Pawn or secondhand business" means a business operated by a pawnbroker
or secondhand merchandise dealer, or the owner or operator of the business.
[
(25)
] 
(28)
 "Pawn transaction" means:
(a) 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;
(b) a loan of money on one or more deposits of personal property;
(c) the purchase, exchange, or possession of personal property on condition of selling
the same property back again to the pledgor or depositor; or
(d) a loan or advance of money on personal property by the pawnbroker taking chattel
mortgage security on the personal property, taking or receiving the personal property into the
pawnbroker's possession, and selling the unredeemed pledges.
[
(26)
] 
(29)
 "Pawnbroker" means a person whose business:
(a) engages in a pawn transaction; or
(b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of
whether the person or business enters into pawn transactions or secondhand merchandise
transactions.
[
(27)
] 
(30)
 "Pawnshop" means the physical location or premises where a pawnbroker
conducts business.
[
(28)
] 
(31)
 "Pledgor" means an individual who conducts a pawn transaction with a
pawnshop.
[
(29)
] 
(32)
 "Property" means an article of tangible personal property, numismatic item,
precious metal, gift card, transaction card, or other physical or digital card or certificate
evidencing store credit, and includes a wireless communication device.
[
(30)
] 
(33)
 "Retail media item" means recorded music, a movie, or a video game that is
produced and distributed in hard copy format for retail sale.
[
(31)
] 
(34)
 "Scrap jewelry" means an item purchased solely:
(a) for its gold, silver, or platinum content; and
(b) for the purpose of reuse of the metal content.
[
(32)
] 
(35)
 (a) "Secondhand merchandise dealer" means a person whose business:
(i) engages in a secondhand merchandise transaction; and
(ii) does not engage in a pawn transaction.
(b) "Secondhand merchandise dealer" includes a coin dealer and an automated
recycling kiosk operator.
(c) "Secondhand merchandise dealer" does not include:
(i) an antique shop when dealing in antique items;
(ii) a person who operates an auction house, flea market, or vehicle, vessel, and
outboard motor dealers as defined in Section 
41-1a-102
;
(iii) the sale of secondhand goods at events commonly known as "garage sales," "yard
sales," "estate sales," "storage unit sales," or "storage unit auctions";
(iv) the sale or receipt of secondhand books, magazines, post cards, or nonelectronic:
(A) card games;
(B) table-top games; or
(C) magic tricks;
(v) 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;
(vi) the sale or receipt of secondhand clothing, shoes, furniture, or appliances;
(vii) a person offering the person's own personal property for sale, purchase,
consignment, or trade via the Internet;
(viii) a person offering the personal property of others for sale, purchase, consignment,
or trade via the Internet, when that person does not have, and is not required to have, a local
business or occupational license or other authorization for this activity;
(ix) an 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;
(x) an owner or operator of a business that contracts with other persons to offer those
persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;
(xi) any dealer as defined in Section 
76-6-1402
, that concerns scrap metal and
secondary metals;
(xii) 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;
(xiii) the owner or operator of a children's product resale business; [
or
]
(xiv) a consignment shop when dealing in consigned property[
.
]
; or
(xv) a catalytic converter purchaser.
[
(33)
] 
(36)
 "Secondhand merchandise transaction" means the purchase or exchange of
used or secondhand property.
[
(34)
] 
(37)
 "Ticket" means a document upon which information is entered when a
pawn transaction or secondhand merchandise transaction is made.
[
(35)
] 
(38)
 "Transaction card" means a card, code, or other means of access to a value
with the retail business issued to a person that allows the person to obtain, purchase, or receive
any of the following:
(a) goods;
(b) services;
(c) money; or
(d) anything else of value.
[
(36)
] 
(39)
 "Wireless communication device" means a cellular telephone or a portable
electronic device designed to receive and transmit a text message, email, video, or voice
communication.
Section 4. Section 
13-32a-104
 is amended to read:
13-32a-104.
Tickets required to be maintained -- Contents -- Identification of
items -- Exceptions -- Prohibition against pawning or selling certain property.
(1) A pawn or secondhand business shall keep a ticket for property a person pawns or
sells to the pawn or secondhand business. A pawn or secondhand business shall document on
the ticket the following information regarding the property:
(a) the date and time of the transaction;
(b) whether the transaction is a pawn or purchase;
(c) the ticket number;
(d) the date by which the property must be redeemed, if the property is pawned;
(e) the following information regarding the individual who pawns or sells the property:
(i) the individual's full name and date of birth as they appear on the individual's
identification and the individual's residence address and telephone number;
(ii) the unique number and type of identification presented to the pawn or secondhand
business;
(iii) the individual's signature; and
(iv) (A) subject to any rule made under Subsection [
(7)
] 
(8)
, an electronic or tangible
legible fingerprint of the individual's right index finger, or if the right index finger cannot be
fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint
and the reason why the right index fingerprint was unavailable; and
(B) notwithstanding the other provisions of this Subsection (1), an electronic legible
fingerprint is not required to be documented on the ticket;
(f) the amount loaned on, paid for, or value for trade-in of each article of property;
(g) the full name of the individual conducting the pawn transaction or secondhand
merchandise transaction on behalf of the pawn or secondhand business or the initials or a
unique identifying number of the individual, if the pawn or secondhand business maintains a
record of the initials or unique identifying number of the individual; and
(h) an accurate description of each article of property, with available identifying marks,
including:
(i) (A) names, brand names, numbers, serial numbers, model numbers, IMEI numbers,
color, manufacturers' names, and size;
(B) metallic composition, and any jewels, stones, or glass;
(C) any other marks of identification or indicia of ownership on the property;
(D) the weight of the property, if the payment is based on weight;
(E) any other unique identifying feature; and
(F) gold content, if indicated; or
(ii) if multiple articles of property of a similar nature are delivered together in one
transaction and the articles of property 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) A pawn or secondhand business may not accept property if, upon inspection, it
is apparent that:
(i) a serial number or another form of indicia of ownership has been removed, altered,
defaced, or obliterated;
(ii) the property is not a numismatic item and has indicia of being new, but is not
accompanied by a written receipt or other satisfactory proof of ownership other than the seller's
own statement; or
(iii) except as provided in Subsection 
13-32a-103.1
(3), the property is a gift card,
transaction card, or other physical or digital card or certificate evidencing store credit.
(b) A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or
secondhand business is the original seller of the property and is accepting a return of the
property as provided by the pawn or secondhand business' established return policy.
(c) Property is presumed to have had indicia of being new at the time of a transaction if
the property is subsequently advertised by the pawn or secondhand business as being new.
(3) (a) An individual 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 coin dealer is subject to Section 
13-32a-104.5
 and not subject to this section.
(5) An automated recyling kiosk operator is subject to Section 
13-32a-104.6
 and is not
subject to this section.
(6) A catalytic converter purchaser is subject to Section 
13-32a-104.7
 and is not subject
to this section.
[
(6)
] 
(7)
 A violation of this section is a class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
[
(7)
] 
(8)
 The division shall establish standards and criteria for fingerprint legibility by
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(8)
] 
(9)
 (a) As used in this Subsection [
(8)
] 
(9)
, "jewelry" means:
(i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry
and watches; or
(ii) any jewelry pawned to a pawnbroker and the contract period between the
pawnbroker and the pledgor has expired, including scrap jewelry and watches.
(b) On and after January 1, 2020, a pawn or secondhand business shall obtain:
(i) a color digital photograph clearly and accurately depicting:
(A) each item of jewelry; and
(B) if an item of jewelry has one or more engravings, an additional color digital
photograph specifically depicting any engraving; and
(ii) a color digital photograph of an item that bears an identifying mark, including:
(A) a serial number, engraving, owner label, or similar identifying mark; and
(B) an additional photograph that clearly depicts the identifying mark described in
Subsection [
(8)
] 
(9)
(b)(ii)(A).
Section 5. Section 
13-32a-104.7
 is enacted to read:
 13-32a-104.7.
Database information from catalytic converter purchasers --
Penalties.
(1) As soon as practicable, but no later than January 1, 2023, a catalytic converter
purchaser shall document information for each catalytic converter purchase as required under
this section and upload the information to the central database under Section 
13-32a-106
.
(2) A catalytic converter purchaser shall document the following information regarding
a catalytic converter purchase:
(a) the date and time of the catalytic converter purchase;
(b) the following information regarding the individual selling the catalytic converter:
(i) the individual's:
(A) full name and date of birth as they appear on the individual's identification;
(B) residence address;
(C) telephone number; and
(D) signature on a certificate stating that the individual has the legal right to sell the
catalytic converter;
(ii) the type of identification the individual presents under Subsection (2)(b)(i)(A) and
the unique number on the identification;
(iii) a color digital photograph or still video of the individual taken at the time of the
sale, or a clearly legible photocopy of the individual's identification; and
(iv) except as provided in Subsection (3), an electronic or tangible legible fingerprint of
the individual's right index finger, or if the right index finger cannot be fingerprinted, a legible
fingerprint of the individual with a notation identifying the finger fingerprinted and the reason
why the right index fingerprint is unavailable;
(c) the amount paid for the catalytic converter;
(d) the full name of the individual conducting the purchase on behalf of the catalytic
converter purchaser or the initials or unique identifying employee number, if the catalytic
converter purchaser maintains a record of the initials or unique identifying employee number of
the individual;
(e) an accurate description of the catalytic converter, with available identifying marks,
including:
(i) if available, the name, brand name, number, serial number, model number,
manufacturer information, and size of the catalytic converter;
(ii) any marks of identification or indicia of ownership on the catalytic converter;
(iii) the weight of the catalytic converter, if the payment is based on weight; and
(iv) other unique identifying characteristics of the catalytic converter; and
(f) a color, digital photograph of the catalytic converter.
(3) If the individual selling a catalytic converter to the catalytic converter purchaser
previously has sold one or more catalytic converters to the catalytic converter purchaser, the
catalytic converter purchaser is not required to obtain the fingerprint under Subsection
(2)(b)(iv).
(4) A catalytic converter purchaser may not accept a catalytic converter if, upon
inspection, it is apparent that the serial number or identifying characteristics have been
intentionally defaced on the catalytic converter.
(5) The division shall establish standards and criteria for fingerprint legibility under
Subsection (2)(b)(iv) by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(6) A violation of this section is a class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
(7) A dealer, as defined in Section 
76-6-1402
, that purchases a catalytic converter
under this section shall comply with Title 76, Chapter 6, Part 14, Regulation of Metal Dealers.
Section 6. Section 
13-32a-105
 is amended to read:
13-32a-105.
Central database -- Implementation -- Notification.
(1) In accordance with this section, there is created [
under this section
] a central
database as a statewide repository for
:
(a)
 information that 
a
 pawn or secondhand [
businesses are
] 
business or a catalytic
converter purchaser is
 required to submit in accordance with this chapter
;
 and [
for
]
(b)
 the use of 
a
 participating law enforcement [
agencies that meet
] 
agency that meets
the requirements of Section 
13-32a-111
.
(2) The division shall:
(a) establish and operate the central database; or
(b) contract with a third party to establish and operate the central database in
accordance with Title 63G, Chapter 6a, Utah Procurement Code.
(3) Funding for the creation and operation of the central database shall be from the
account.
(4) (a) An entity that operates the central database may not hold any financial or
operating interest in a pawn or secondhand business 
or catalytic converter purchaser
 in any
state.
(b) The division shall verify before a bid is awarded that the selected entity meets the
requirements of Subsection (4)(a).
(c) If any entity is awarded a bid under this Subsection (4) and is later found to hold
any interest in violation of Subsection (4)(a), the award is subject to being opened again for
request for proposal.
(5) (a) Beginning January 1, 2020, upon a query by a pawnbroker, the central database
shall provide notification of the volume of business an individual seeking to enter into a
transaction with the pawnbroker has engaged in with any pawnbroker regulated by this chapter
within the previous 30 days based on the records in the central database at the time of the
query.
(b) Information entered in the central database shall be retained for five years and shall
then be deleted.
(6) Upon request, the entity responsible for establishing and operating the central
database under Subsection (2) shall provide technical information and advice for an
information technology representative of a pawn or secondhand business or catalytic converter
purchaser that is required to provide information to the central database.
Section 7. Section 
13-32a-106
 is amended to read:
13-32a-106.
Transaction information provided to the central database --
Protected information.
(1) (a) Except as provided in Subsection 
13-32a-104.6
(4), a pawn or secondhand
business 
or catalytic converter purchaser
 shall transmit electronically in a compatible format
information required to be recorded under Sections [
13-32a-103
,
] 
13-32a-104
, 
13-32a-104.5
,
[
and
] 
13-32a-104.6
, and 
13-32a-104.7
 that is capable of being transmitted electronically to the
central database within 24 hours after entering into the transaction.
(b) The division may specify by rule, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the information capable of being transmitted
electronically under Subsection (1)(a).
(2) 
(a)
 A pawn or secondhand business shall maintain tickets generated by the pawn or
secondhand business and shall maintain the tickets in a manner so that the tickets are available
to local law enforcement agencies as required by this chapter and as requested by any law
enforcement agency as part of an investigation or reasonable random inspection conducted
[
pursuant to
] 
under
 this chapter.
(b) (i) A catalytic converter purchaser is not required to generate or maintain a ticket
for a catalytic converter purchase.
(ii) A catalytic converter purchaser shall make the information documented under
Section 
13-32a-104.7
 available to a local law enforcement agency in accordance with this
chapter and upon request by a law enforcement agency as part of an investigation or reasonable
random inspection conducted under this chapter.
(3) (a) If a pawn or secondhand business 
or catalytic converter purchaser
 experiences a
computer or electronic malfunction that affects [
its
] 
the business's or purchaser's
 ability to
report transactions as required in Subsection (1), the pawn or secondhand business 
or catalytic
converter purchaser
 shall immediately notify the division and the local law enforcement agency
of the malfunction.
(b) The pawn or secondhand business 
or catalytic converter purchaser
 shall solve the
malfunction within three business days 
after the day on which the business or purchaser
experiences the malfunction
 or notify the division and the local law enforcement agency under
Subsection (4).
(4) If the computer or electronic malfunction under Subsection (3) cannot be solved
within three business days 
after the day on which the pawn or secondhand business or catalytic
converter purchaser experiences the malfunction
, the pawn or secondhand business 
or catalytic
converter purchaser
 shall notify the division and the local law enforcement agency of the
reasons for the delay and provide documentation from a reputable computer maintenance
company of the reasons why the computer or electronic malfunction cannot be solved within
three business days.
(5) A computer or electronic malfunction does not suspend the[
 pawn or secondhand
business'
] obligation 
of the pawn or secondhand business or catalytic converter purchaser
 to
comply with all other provisions of this chapter.
(6) During the malfunction under Subsections (3) and (4), the pawn or secondhand
business 
or catalytic converter purchaser
 shall:
(a) arrange with the local law enforcement agency a mutually acceptable alternative
method by which the pawn or secondhand business 
or catalytic converter purchaser
 provides
the required information to the local law enforcement agency; and
(b) a pawn or secondhand business 
or catalytic converter purchaser
 shall maintain the
tickets
, if applicable,
 and other related information required under this chapter in a written
form.
(7) A pawn or secondhand business 
or catalytic converter purchaser
 that violates the
electronic transaction reporting requirement [
of
] 
under
 this section is subject to an
administrative fine of $50 per day if:
(a) the pawn or secondhand business 
or catalytic converter purchaser
 is unable to
submit the information electronically due to a computer or electronic malfunction;
(b) the three business day period under Subsection (3) has expired; and
(c) the pawn or secondhand business 
or catalytic converter purchaser
 has not provided
documentation regarding [
its
] 
the pawn or secondhand business's or catalytic converter
purchaser's
 inability to solve the malfunction as required under Subsection (4).
(8) A pawn or secondhand business 
or catalytic converter purchaser
 is not responsible
for a delay in transmission of information that results from a malfunction in the central
database.
(9) A violation of this section is a [
Class
] 
class
 B misdemeanor and is also subject to
civil penalties under Section 
13-32a-110
.
Section 8. Section 
13-32a-106.5
 is amended to read:
13-32a-106.5.
Confidentiality of pawn and purchase transactions.
(1) A ticket, copy of a ticket, [
or
] information from a ticket
, or information required
under Section 
13-32a-104.7
 delivered to a local law enforcement agency or transmitted to the
central database [
pursuant to
] 
under
 Section 
13-32a-106
 is a protected record under Section
63G-2-305
.
(2)
 In addition to use by the issuing pawn or secondhand business 
or catalytic converter
purchaser
, the ticket, copy of a ticket, [
or
] information from a ticket
, or information required
under Section 
13-32a-104.7
 may be used only by a law enforcement agency and the division
and only for the law enforcement and administrative enforcement purposes of:
(a) investigating possible criminal conduct involving the property delivered
:
(i)
 to the pawn or secondhand business in a pawn transaction or secondhand
merchandise transaction; 
or
(ii) to a catalytic converter purchaser in a catalytic converter purchase;
(b) investigating a possible violation of the record keeping or reporting requirements of
this chapter when the local law enforcement agency or the division, based on a review of the
records and information received, has reason to believe that a violation has occurred;
(c) responding to an inquiry from an insurance company investigating a claim for
physical loss of described property by searching the central database to determine if property
matching the description has been delivered to a pawn or secondhand business 
or catalytic
converter purchaser
 by another person in a pawn transaction [
or
]
,
 secondhand merchandise
purchase transaction
, or catalytic converter purchase
 and if so, obtaining from the central
database:
(i) a description of the property;
(ii) the name and address of the pawn or secondhand business 
or catalytic converter
purchaser
 that received the property; and
(iii) the name, address, and date of birth of the conveying individual; and
(d) taking enforcement action under Section 
13-2-5
 against a pawn or secondhand
business 
or catalytic converter purchaser
.
[
(2)
] 
(3)
 An insurance company making a request under Subsection [
(1)
] 
(2)
(c) shall
provide the police report case number concerning the described property.
[
(3)
] 
(4)
 (a) A person may not knowingly and intentionally use, release, publish, or
otherwise make available to any person any information obtained from the central database for
any purpose other than those specified in Subsection [
(1)
] 
(2)
.
(b) Each separate violation of Subsection [
(3)
] 
(4)
(a) is a class B misdemeanor.
(c) Each separate violation of Subsection [
(3)
] 
(4)
(a) is subject to a civil penalty not to
exceed $250.
Section 9. Section 
13-32a-108
 is amended to read:
13-32a-108.
Retention of records -- Reasonable inspection.
(1) A pawn or secondhand business or local law enforcement agency, whichever has
custody of a ticket or copy of a ticket, shall retain the ticket or copy for no less than three years
[
from
] 
after
 the date of the transaction.
(2) (a) A law enforcement agency or the division may conduct random reasonable
inspections of pawn or secondhand businesses 
or catalytic converter purchasers
 for the purpose
of monitoring compliance with the requirements of this chapter.
(b) [
Inspections
] 
A law enforcement agency or the division shall conduct an inspection
under Subsection (2)(a) [
shall be performed
] during the regular business hours of the pawn or
secondhand business 
or catalytic converter purchaser
.
(3) A violation of this section is a [
Class
] 
class
 B misdemeanor and is also subject to
civil penalties under Section 
13-32a-110
.
Section 10. Section 
13-32a-109
 is amended to read:
13-32a-109.
Holding period for property -- Return of property -- Penalty.
(1) (a) A pawnbroker may sell property pawned to the pawnbroker if:
(i) 15 calendar days have passed after the day on which the pawnbroker submits the
information and any required photograph to the central database;
(ii) the contract period between the pawnbroker and the pledgor expires; and
(iii) the pawnbroker has complied with Sections [
13-32a-103
,
] 
13-32a-104
[
,
] and
13-32a-106
.
(b) If property, including scrap jewelry, is purchased by a pawn or secondhand business
or catalytic converter purchaser
, the pawn or secondhand business 
or catalytic converter
purchaser
 may sell the property if the pawn or secondhand business 
or catalytic converter
purchaser
 has held the property for 15 calendar days after the day on which the pawn or
secondhand business 
or catalytic converter purchaser
 submits the information to the central
database, and complied with Sections [
13-32a-103
,
] 
13-32a-104
, 
13-32a-104.6
, 
13-32a-104.7
,
and 
13-32a-106
, except that the pawn or secondhand business is not required to hold precious
metals or numismatic items under this Subsection (1)(b).
(c) (i) This Subsection (1) does not preclude a law enforcement agency from requiring
a pawn or secondhand business 
or catalytic converter purchaser
 to hold property if necessary in
the course of an investigation.
(ii) If the property is pawned, the law enforcement agency may require the property be
held beyond the terms of the contract between the pledgor and the pawnbroker.
(iii) If the property is sold to the pawn or secondhand business 
or catalytic converter
purchaser
, the law enforcement agency may require the property be held if the pawn or
secondhand business 
or catalytic converter purchaser
 has not sold the article.
(d) If the law enforcement agency requesting a hold on property under this Subsection
(1) is not the local law enforcement agency, the requesting law enforcement agency shall notify
the local law enforcement agency of the request and also the pawn or secondhand business 
or
catalytic converter purchaser
.
(2) If a law enforcement agency requires the pawn or secondhand business 
or catalytic
converter purchaser
 to hold property as part of an investigation, the law enforcement agency
shall provide to the pawn or secondhand business 
or catalytic converter purchaser
 a hold form
issued by the law enforcement agency, that:
(a) states the active case number;
(b) confirms the date of the hold request and the property to be held; and
(c) facilitates the ability of the pawn or secondhand business 
or catalytic converter
purchaser
 to track the property when the prosecution takes over the case.
(3) If property is not seized by a law enforcement agency that has placed a hold on the
property, the property shall remain in the custody of the pawn or secondhand business 
or
catalytic converter purchaser
 until further disposition by the law enforcement agency, and [
as
consistent
] 
in accordance
 with this chapter.
(4) 
(a)
 The initial hold by a law enforcement agency is for a period of 90 days.
(b)
 If the property is not seized by the law enforcement agency, the property shall
remain in the custody of the pawn or secondhand business 
or catalytic converter purchaser
 and
is subject to the hold unless exigent circumstances require the property to be seized by the law
enforcement agency.
(5) (a) A law enforcement agency may extend any hold for up to an additional 90 days
if circumstances require the extension.
(b) If there is an extension of a hold under Subsection (5)(a), the requesting law
enforcement agency shall notify the pawn or secondhand business 
or catalytic converter
purchaser
 that is subject to the hold [
prior to
] 
before
 the expiration of the initial 90 days.
(c) A law enforcement agency may not hold an item for more than the 180 days
allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
(6) A hold on property under Subsection (2) takes precedence over any request to claim
or purchase the property subject to the hold.
(7) If an original victim who has complied with Section 
13-32a-115
 has not been
identified and the hold or seizure of the property is terminated, the law enforcement agency
requiring the hold or seizure shall within 15 business days after 
the day on which
 the
termination 
occurs
:
(a) notify the pawn or secondhand business 
or catalytic converter purchaser
 in writing
that the hold or seizure has been terminated;
(b) return the property subject to the seizure to the pawn or secondhand business 
or
catalytic converter purchaser
; or
(c) if the property is not returned to the pawn or secondhand business 
or catalytic
converter purchaser
, advise the pawn or secondhand business 
or catalytic converter purchaser
either in writing or electronically of the specific alternative disposition of the property.
(8) (a) If the original victim who has complied with Section 
13-32a-115
 has been
identified and the hold or seizure of property is terminated, the law enforcement agency
requiring the hold or seizure shall:
(i) document the original victim who has positively identified the property; and
(ii) provide the documented information concerning the original victim to the
prosecuting agency to determine whether continued possession of the property is necessary for
purposes of prosecution, as provided in Section 
24-3-103
.
(b) If the prosecuting agency determines that continued possession of the property is
not necessary for purposes of prosecution, as provided in Section 
24-3-103
, the prosecuting
agency shall provide a written or electronic notification to the law enforcement agency that
authorizes the return of the property to an original victim who has complied with Section
13-32a-115
.
(c) (i) A law enforcement agency shall promptly provide notice to the pawn or
secondhand business 
or catalytic converter purchaser
 of the authorized return of the property
under this Subsection (8).
(ii) The notice shall identify the original victim, advise the pawn or secondhand
business 
or catalytic converter purchaser
 that the original victim has identified the property,
and direct the pawn or secondhand business 
or catalytic converter purchaser
 to release the
property to the original victim at no cost to the original victim.
(iii) If the property was seized, the notice shall advise that the property will be returned
to the original victim within 15 days after the day on which the pawn or secondhand business
or catalytic converter purchaser
 receives the notice, except as provided under Subsection (8)(d).
(d) The pawn or secondhand business 
or catalytic converter purchaser
 shall release
property under Subsection (8)(c) unless within 15 days [
of receiving
] 
after the day on which
 the
notice 
is received
 the pawn or secondhand business 
or catalytic converter purchaser
 complies
with Section 
13-32a-116.5
. 
(9) 
(a)
 If the law enforcement agency does not notify the pawn or secondhand business
or catalytic converter purchaser
 that a hold on the property has expired, the pawn or
secondhand business 
or catalytic converter purchaser
 shall send a letter by registered or
certified mail to the law enforcement agency that ordered the hold and inform the agency that
the holding period has expired.
(b)
 The law enforcement agency shall respond within 30 days by:
[
(a)
] 
(i)
 confirming that the hold period has expired and that the pawn or secondhand
business 
or catalytic converter purchaser
 may manage the property as if acquired in the
ordinary course of business; or
[
(b)
] 
(ii)
 providing written notice to the pawn or secondhand business 
or catalytic
converter purchaser
 that a court order has continued the period of time for which the item shall
be held.
(10) The written notice under Subsection (9)(b)
(ii)
 is considered provided when:
(a) personally delivered to the pawn or secondhand business 
or catalytic converter
purchaser
 with a signed receipt of delivery;
(b) delivered to the pawn or secondhand business 
or catalytic converter purchaser
 by
registered or certified mail; or
(c) delivered by any other means with the mutual assent of the law enforcement agency
and the pawn or secondhand business 
or catalytic converter purchaser
.
(11) If the law enforcement agency does not respond within 30 days under Subsection
(9), the pawn or secondhand business 
or catalytic converter purchaser
 may manage the property
as if acquired in the ordinary course of business.
(12) A violation of this section is a class B misdemeanor and is also subject to civil
penalties under Section 
13-32a-110
.
Section 11. Section 
13-32a-109.5
 is amended to read:
13-32a-109.5.
Seizure of property -- Notification to pawn or secondhand business
or catalytic converter purchaser.
If a law enforcement agency determines seizure of property pawned or sold to a pawn
or secondhand business 
or catalytic converter purchaser
 is necessary under this chapter during
the course of a criminal investigation, in addition to the hold provisions under Section
13-32a-109
, the law enforcement agency shall:
(1) notify the pawn or secondhand business 
or catalytic converter purchaser
 of the
specific property to be seized; and
(2) issue to the pawn or secondhand business 
or catalytic converter purchaser
 a seizure
form approved by the division and that:
(a) provides the active case number related to the property to be seized;
(b) provides the date of the seizure request;
(c) provides the reason for the seizure;
(d) describes the property to be seized;
(e) states each reason the property is necessary during the course of a criminal
investigation; and
(f) includes any information that facilitates the [
pawn or secondhand business'
] ability
of the pawn or secondhand business or catalytic converter purchaser
 to track the property when
the prosecution agency takes over the case.
Section 12. Section 
13-32a-110
 is amended to read:
13-32a-110.
Administrative or civil penalties -- Criminal prosecution.
(1) A violation of any of the following sections is subject to an administrative or civil
penalty of not more than $500:
(a) Section 
13-32a-104
, [
ticket
] 
tickets
 required to be maintained;
(b) Section 
13-32a-104.5
, [
ticket by coin dealer to be maintained
] 
database information
from coin dealers
;
(c) Section 
13-32a-104.6
, [
ticket by
] 
database information from
 automated recycling
kiosk [
operator to be maintained
] 
operators
;
(d) Section 
13-32a-104.7
, database information from catalytic converter purchasers;
[
(d)
] 
(e)
 Section 
13-32a-106
, transaction information provided to [
law enforcement
]
the central database
;
[
(e)
] 
(f)
 Section 
13-32a-108
, retention of records;
[
(f)
] 
(g)
 Section 
13-32a-109
, holding period for [
pawned or purchased
] property;
[
(g)
] 
(h)
 Section 
13-32a-110.5
, transactions with certain individuals prohibited;
[
(h)
] 
(i)
 Section 
13-32a-111
, [
payment of fees as required
] 
fees to fund account
; or
[
(i)
] 
(j)
 Section 
13-32a-112.1
, 
annual
 training [
requirements for pawn or secondhand
business employees and officers of participating law enforcement agencies
].
(2) This section does not prohibit civil action by a governmental entity regarding [
the
pawn or secondhand business'
] 
the
 operation or [
licenses
] 
license of a pawn or secondhand
business or catalytic converter purchaser
.
(3) The imposition of civil penalties under this section does not prohibit criminal
prosecution by a governmental entity for criminal violations of this chapter.
Section 13. Section 
13-32a-110.5
 is amended to read:
13-32a-110.5.
Transactions with certain individuals prohibited.
A pawn or secondhand business 
or catalytic converter purchaser
 may not engage in a
pawn transaction or secondhand merchandise transaction 
or catalytic converter purchase
 with
an individual who:
(1) is younger than 18 years [
of age
] 
old
; or
(2) appears to be under the influence of alcohol or a controlled substance.
Section 14. Section 
13-32a-111
 is amended to read:
13-32a-111.
Fees to fund account.
(1) (a) A pawn or secondhand business 
or catalytic converter purchaser
 in operation
shall pay an annual fee[
,
] 
of
 no more than $500, set in accordance with Section 
63J-1-504
.
(b) A law enforcement agency within Utah that participates in the use of the central
database shall pay an annual fee set in accordance with Section 
63J-1-504
.
(c) A law enforcement agency outside Utah that requests access to the central database
shall pay an annual fee set in accordance with Section 
63J-1-504
.
(2) A fee paid under Subsection (1) shall be paid annually to the division on or before
January 31.
(3) A fee received by the division under this section shall be deposited into the account.
(4) The division may only increase fees for a pawn or secondhand business 
or catalytic
converter purchaser
 under Section 
63J-1-504
.
Section 15. Section 
13-32a-112
 is amended to read:
13-32a-112.
Pawnshop, Secondhand Merchandise, and Catalytic Converter
Advisory Board.
(1) There is created within the division the "Pawnshop [
and
]
,
 Secondhand
Merchandise
, and Catalytic Converter
 Advisory Board."
(2) The board consists of seven voting members appointed by the executive director of
the Department of Commerce:
(a) one law enforcement officer whose work regularly involves pawn or secondhand
business 
or catalytic converter purchases
, recommended by the Utah Chiefs of Police
Association;
(b) one law enforcement officer whose work regularly involves pawn or secondhand
business 
or catalytic converter purchases
, recommended by the Utah Sheriffs Association;
(c) one state, county, or municipal prosecutor, recommended by a prosecutors'
association or council;
(d) one pawnbroker, recommended by the pawn industry;
(e) one secondhand merchandise dealer, recommended by the secondhand merchandise
industry;
(f) one coin dealer, recommended by the Utah Coin Dealers Association; and
[
(g) one representative from the pawn or secondhand merchandise industry at large,
recommended by the pawn or secondhand merchandise industry.
]
(g) one representative from the catalytic converter purchaser industry, recommended by
the catalytic converter purchaser industry.
(3) After receiving a recommendation for a member by a respective association,
council, or industry for the board, the executive director may:
(a) decline the recommendation; and
(b) request another recommendation from the respective association, council, or
industry.
(4) (a) A member of the board shall be appointed to a term of not more than four years,
and may be reappointed upon expiration of the member's term.
(b) Notwithstanding the requirements of Subsection (4)(a), the executive director of the
Department of Commerce shall, at the time of appointments or reappointments, adjust the
length of terms to ensure that the terms of board members are staggered so that approximately
half of the board is appointed every two years. 
(c) When a vacancy occurs in the membership for any reason, the executive director of
the Department of Commerce shall appoint a member for the unexpired term.
(d) The executive director of the Department of Commerce may remove a member and
replace the member in accordance with this section for the following reasons:
(i) the member fails or refuses to fulfill the duties of a board member, including
attendance at board meetings; or
(ii) the member, an entity owned by the member, an entity that the member is
employed by, or an entity that the member is representing, engages in a violation of this chapter
or Section 
76-6-408
.
(e) Notwithstanding Subsection (4)(d), members of the board as of May 13, 2019, are
removed from the board and the executive director of the Department of Commerce shall
appoint the board members in accordance with this section.
(5) (a) The board shall elect one voting member as the chair of the board by a majority
of the members present at the board's first meeting each year.
(b) The chair shall preside over the board for a period of one year.
(c) The board shall meet quarterly upon the call of the chair.
(d) A quorum of five members is required for the board to take action. An action taken
by majority of a quorum present at a meeting constitutes an action of the board.
(6) (a) The duties and powers of the board include the following:
(i) recommending to the division appropriate rules regarding the administration and
enforcement of this chapter;
(ii) recommending to the division changes related to the central database; and
(iii) advising the division on matters related to the pawn and secondhand merchandise
and catalytic converter purchase
 industries.
(b) This Subsection (6) does not require the board's approval to act on a rule or amend
this chapter.
(7) 
(a)
 A pawn or secondhand business 
or catalytic converter purchaser
 may file with
the board complaints regarding law enforcement agency practices perceived to be inconsistent
with this chapter.
(b)
 The board may refer the complaints to the Peace Officers Standards and Training
Division.
Section 16. Section 
13-32a-112.1
 is amended to read:
13-32a-112.1.
Annual training.
(1) (a) The division shall provide training sessions, whether online or in-person, at least
once each year regarding compliance with this chapter and other applicable state laws.
(b) A pawn or secondhand business 
or catalytic converter purchaser
 shall ensure that
each individual employed by the pawn or secondhand business 
or catalytic converter purchaser
with access to the central database annually completes the training described in Subsection
(1)(a) in order for that individual to continue to have access to the central database.
(c) A law enforcement agency participating in the use of the central database shall
ensure that each individual employed by the law enforcement agency with access to the central
database annually completes the training described in Subsection (1)(a) in order for that
individual to continue to have access to the central database.
(2) The division shall monitor and keep a record of training completion.
Section 17. Section 
13-32a-112.5
 is amended to read:
13-32a-112.5.
Temporary businesses subject to chapter.
A pawn or secondhand business 
or catalytic converter purchaser
 that operates on a
temporary basis or from a location that is not a permanent retail location:
(1) shall comply with this chapter; and
(2) is subject to enforcement of this chapter.
Section 18. Section 
13-32a-113
 is amended to read:
13-32a-113.
Pawnbroker, Secondhand Merchandise, and Catalytic Converter
Operations Restricted Account.
(1) There is created within the General Fund a restricted account known as the
"Pawnbroker [
and
]
,
 Secondhand Merchandise
, and Catalytic Converter
 Operations Restricted
Account."
(2) (a) The account shall be funded from fees and administrative and civil fines
imposed and collected under Sections 
13-32a-106
, 
13-32a-110
, and 
13-32a-111
. [
These
]
(b) The
 fees and administrative and civil fines shall be paid to the division, which shall
deposit them in the account.
[
(b)
] 
(c)
 The Legislature shall appropriate funds in [
this
] 
the
 account to the division
for:
(i) the costs of providing training required under this chapter;
(ii) the costs of the central database created in Section 
13-32a-105
; and
(iii) the division's costs of administering [
the
] 
this
 chapter.
Section 19. Section 
13-32a-114
 is amended to read:
13-32a-114.
Preemption of local ordinances -- Exceptions.
(1) This chapter preempts town, city, county, and other local ordinances governing
pawn or secondhand businesses 
or catalytic converter purchasers
, if the ordinances are more
restrictive than the provisions of this chapter or are not consistent with this chapter.
(2) Subsection (1) does not preclude a city, county, or other local governmental unit
from:
(a) enacting or enforcing local ordinances concerning public health, safety, or welfare,
if the ordinances are uniform and equal in application to pawn and secondhand businesses 
or
catalytic converter purchasers
 and other retail businesses or activities;
(b) requiring a pawn or secondhand business 
or catalytic converter purchaser
 to obtain
and maintain a business license and providing for revocation of the business license based on
multiple violations of Section 
76-6-408
; [
and
] 
or
(c) enacting zoning ordinances that restrict areas where pawn or secondhand businesses
or catalytic converter purchasers
 and other retail businesses or activities can be located.
Section 20. Section 
13-32a-115
 is amended to read:
13-32a-115.
Criminal investigation -- Prosecution -- Property disposition.
(1) If the property pawned or sold to a pawn or secondhand business 
or catalytic
converter purchaser
 is the subject of a criminal investigation and a hold has been placed on the
property under Section 
13-32a-109
, the original victim shall do the following to establish a
claim:
(a) positively identify to law enforcement the property stolen or lost;
(b) if a police report has not already been filed for the original theft or loss of property,
file a police report, and provide for the law enforcement agency information surrounding the
original theft or loss of property; and
(c) give a sworn statement under penalty of law that:
(i) claims ownership of the property;
(ii) references the original theft or loss; and
(iii) identifies the perpetrator if known.
(2) The pawn or secondhand business 
or catalytic converter purchaser
 shall retain
possession of any property subject to a hold until a criminal prosecution is commenced relating
to the property for which the hold was placed unless:
(a) during the course of a criminal investigation the actual physical possession by law
enforcement of the property purchased or pawned is essential for the purpose of forensic testing
of the property, or if the property contains unique or sensitive personal identifying information;
or
(b) an agreement between the original victim and the pawn or secondhand business 
or
catalytic converter purchaser
 to return the property is reached.
(3) (a) Upon the commencement of a criminal prosecution, any property subject to a
hold for investigation under this chapter may be seized by the law enforcement agency that
requested the hold.
(b) Subsequent disposition of the property shall be consistent with this chapter.
(4) At all times during the course of a criminal investigation and subsequent
prosecution, the property subject to a law enforcement hold shall be kept secure by the pawn or
secondhand business 
or catalytic converter purchaser
 subject to the hold unless the pawned or
purchased property has been seized by the law enforcement agency pursuant to Section
13-32a-109.5
.
Section 21. Section 
13-32a-116
 is amended to read:
13-32a-116.
Property disposition -- Property subject to prosecution -- Property
not used as evidence.
When property that is pawned or sold to a pawn or secondhand business 
or catalytic
converter purchaser
 is the subject of a criminal proceeding, and has been seized by law
enforcement pursuant to this chapter, the prosecuting agency shall notify the seizing agency,
the original victim, and the pawn or secondhand business 
or catalytic converter purchaser
 in
compliance with Subsection 
13-32a-109
(8), if the prosecuting agency determines the article is
no longer needed as evidence pending resolution of the criminal case.
Section 22. Section 
13-32a-116.5
 is amended to read:
13-32a-116.5.
Contested disposition of property - Procedure. 
(1) If a pawn or secondhand business 
or catalytic converter purchaser
 receives notice
from a law enforcement agency under Section 
13-32a-109
 that property that is the subject of a
hold or seizure shall be returned to an identified original victim, the pawn or secondhand
business 
or catalytic converter purchaser
 may contest the determination and seek a specific
alternative disposition if within 15 business days after the day on which the pawn or
secondhand business 
or catalytic converter purchaser
 receives the notice:
(a) the pawn or secondhand business 
or catalytic converter purchaser
 gives notice to
the identified original victim, by certified mail, that the pawn or secondhand business 
or
catalytic converter purchaser
 contests the determination to return the property to the original
victim; and
(b) 
the pawn or secondhand business or catalytic converter purchaser
 files a petition in
a court having jurisdiction over the matter to determine rightful ownership of the property as
provided in Section 
24-3-104
.
(2) A pawn or secondhand business 
or catalytic converter purchaser
 is guilty of a class
B misdemeanor if the pawn or secondhand business 
or catalytic converter purchaser
:
(a) holds or sells property in violation of a notification from a law enforcement agency
that the property is to be returned to an original victim; and
(b) [
the pawn or secondhand business
] does not comply with the requirements of this
section within the time periods specified. 
Section 23. Section 
13-32a-118
 is enacted to read:
 13-32a-118.
Payment limitation for catalytic converter purchases.
(1) A catalytic converter purchaser, when making a catalytic converter purchase, may
not pay the seller for the catalytic converter with cash or a gift card.
(2) Subsection (1) does not apply to a catalytic converter purchase in which the amount
paid to the seller is under $100.
Section 24. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 
63G-6a-712
;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Licensing Information System described in Title
62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop [
and
]
,
Secondhand Merchandise
, and Catalytic Converter
 Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone number
where the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section 
20A-9-201
, 
20A-9-202
, 
20A-9-203
, 
20A-9-404
, 
20A-9-405
, 
20A-9-408
,
20A-9-408.5
, 
20A-9-502
, or 
20A-9-601
;
(b) an affidavit of impecuniosity, described in Section 
20A-9-201
; or
(c) a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge including information disclosed under Subsection
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63L-11-202
;
(57) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(59) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
abuse;
(61) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsections 
58-67-304
(3) and (4) and Subsections
58-68-304
(3) and (4);
(62) a record described in Section 
63G-12-210
;
(63) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(64) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(65) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Section 
62A-2-101
, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; 
(66) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating an
individual with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve
their response to an emergency situation; 
(68) records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Audit Subcommittee, established under Section 
36-12-8
, for an
employment position with the Legislature;
(69) work papers as defined in Section 
31A-2-204
;
(70) a record made available to Adult Protective Services or a law enforcement agency
under Section 
61-1-206
;
(71) a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(72) a record described in Section 
31A-37-503
;
(73) any record created by the Division of Occupational and Professional Licensing as
a result of Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
(74) a record described in Section 
72-16-306
 that relates to the reporting of an injury
involving an amusement ride;
(75) except as provided in Subsection 
63G-2-305.5
(1), the signature of an individual
on a political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a) Title 10, Utah Municipal Code;
(b) Title 17, Counties;
(c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e) Title 20A, Election Code;
(76) except as provided in Subsection 
63G-2-305.5
(2), the signature of an individual in
a voter registration record;
(77) except as provided in Subsection 
63G-2-305.5
(3), any signature, other than a
signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
5, Victims Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Subsection
31A-48-103
(1)(b);
(80) personal information, as defined in Section 
63G-26-102
, to the extent disclosure is
prohibited under Section 
63G-26-103
;
(81) (a) an image taken of an individual during the process of booking the individual
into jail, unless:
(i) the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(ii) a law enforcement agency releases or disseminates the image after determining
that:
(A) the individual is a fugitive or an imminent threat to an individual or to public
safety; and
(B) releasing or disseminating the image will assist in apprehending the individual or
reducing or eliminating the threat; or
(iii) a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest.
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(iii) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system; and
(83) any part of an application described in Section 
63N-16-201
 that the Governor's
Office of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
not be used to restrict access to a record evidencing a final contract or approval decision.
Section 25. Section 
67-5-37
 is amended to read:
67-5-37.
Multi-agency joint strike force -- Joint Organized Retail Crime Unit.
(1) The Office of the Attorney General and the Department of Public Safety shall
create and coordinate the operation of a multi-agency joint strike force to combat criminal
activity that may have a negative impact on the state's economy.
(2) The attorney general and the Department of Public Safety shall invite federal, state,
and local law enforcement personnel to participate in the joint strike force to more effectively
utilize their combined skills, expertise, and resources.
(3) The joint strike force shall focus the joint strike force's efforts on detecting,
investigating, deterring, and eradicating criminal activity, described in Subsection (1), within
the state, including organized retail crime, antitrust violations, intellectual property rights
violations, gambling, and the purchase of stolen goods for the purpose of reselling the stolen
goods for profit.
(4) In conjunction with the joint strike force, the Office of the Attorney General and the
Department of Public Safety shall establish the Joint Organized Retail Crime Unit for the
purpose of:
(a) investigating, apprehending, and prosecuting individuals or entities that participate
in the purchase, sale, or distribution of stolen property; and
(b) targeting individuals or entities that commit theft and other property crimes for
financial gain.
(5) 
(a)
 The joint strike force shall provide an annual report to the Law Enforcement and
Criminal Justice Interim Committee before December 1 that describes the joint strike force's
activities and any recommendations for modifications to this section.
(b) The report described in Subsection (5)(a) shall include the number of catalytic
converter thefts and arrests in Utah for the preceding calendar year, if reasonably available.
Section 26. Section 
76-6-408
 is amended to read:
76-6-408.
Receiving stolen property -- Duties of pawnbrokers, secondhand
businesses, coin dealers, and catalytic converter purchasers.
(1) As used in this section:
(a) "Catalytic converter purchaser" means the same as that term is defined in Section
13-32a-102
.
(b) "Coin dealer" means the same as that term is defined in Section 
13-32a-102
.
[
(a)
] 
(c)
 "Pawnbroker" means the same as that term is defined in Section 
13-32a-102
.
[
(b)
] 
(d)
 "Receives" means acquiring possession, control, title, or lending on the
security of the property.
(e) "Scrap metal processor" means the same as that term is defined in Section
76-6-1402
.
(f) "Secondhand actor" means:
(i) a pawnbroker;
(ii) a person who has or operates a business dealing in or collecting used or secondhand
merchandise or personal property; or
(iii) an agent, employee, or representative of a pawnbroker or person who buys,
receives, or obtains property.
(2) A person commits theft if the person receives, retains, or disposes of the property of
another knowing that the property is stolen, or believing that the property is probably stolen, or
who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from
the owner, knowing or believing the property to be stolen, intending to deprive the owner of the
property.
(3) [
The
] 
Except as provided in Subsection (4), the
 knowledge or belief required [
for
]
under
 Subsection (2) is presumed in the case of an actor who:
(a) is found in possession or control of other property stolen on a separate occasion; 
or
(b) has received other stolen property within the year preceding the receiving offense
charged[
;
]
.
[
(c) is a pawnbroker or person who:
]
[
(i) has or operates a business dealing in or collecting used or secondhand merchandise
or personal property, or an agent, employee, or representative of a pawnbroker or person who
buys, receives, or obtains property; and
]
[
(ii) (A) has not completely and accurately documented the information required under
Section 
13-32a-104
; or
]
[
(B) is found in possession of merchandise or personal property that violates
Subsection 
13-32a-104
(2); or
]
[
(d) is a coin dealer or an employee of the coin dealer as defined in Section 
13-32a-102
who does not comply with the requirements of Section 
13-32a-104.5
.
]
[
(4) A pawnbroker or person who has or operates a business dealing in or collecting
used or secondhand merchandise or personal property, and every agent, employee, or
representative of a pawnbroker or person who fails to comply with Subsection (3) is presumed
to have bought, received, or obtained the property knowing the property to have been stolen or
unlawfully obtained. This presumption may be rebutted by proof.
]
[
(5) When, in a prosecution under this section, it appears from the evidence that the
defendant was a pawnbroker or a person who has or operates a business dealing in or collecting
used or secondhand merchandise or personal property, or was an agent, employee, or
representative of a pawnbroker or person, that the defendant bought, received, concealed, or
withheld the property without obtaining the information required in Subsection (3)(c) or (d),
then the burden shall be upon the defendant to show that the property bought, received, or
obtained was not stolen.
]
[
(6) Subsections (3)(c), (4), and (5) do not apply to scrap metal processors as defined in
Section 
76-6-1402
.
]
(4) (a) The knowledge or belief required under Subsection (2) may only be presumed
of a secondhand actor if the secondhand actor does not substantially comply with the material
requirements of Section 
13-32a-104
.
(b) The knowledge or belief required under Subsection (2) may only be presumed of a
coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer
does not substantially comply with the requirements of Section 
13-32a-104.5
.
(c) The knowledge or belief required under Subsection (2) may only be presumed of a
catalytic converter purchaser if the catalytic converter purchaser does not substantially comply
with the material requirements of Section 
13-32a-104.7
.
(5) Unless acting as a catalytic converter purchaser, Subsection (4)(c) does not apply to
a scrap metal processor.
(6) This section does not preclude the admission of evidence in accordance with the
Utah Rules of Evidence.
Section 27. Section 
76-6-412
 is amended to read:
76-6-412.
Theft -- Classification of offenses -- Action for treble damages.
(1) Theft of property and services as provided in this chapter is punishable:
(a) as a second degree felony if the:
(i) value of the property or services is or exceeds $5,000;
(ii) property stolen is a firearm or an operable motor vehicle; or
(iii) property is stolen from the person of another;
(b) as a third degree felony if:
(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
(ii) the property is a catalytic converter as defined under Section 
76-6-1402
;
[
(ii)
] 
(iii)
 the value of the property or services is or exceeds $500 and the actor has
been twice before convicted of any of the following offenses, if each prior offense was
committed within 10 years before the date of the current conviction or the date of the offense
upon which the current conviction is based and at least one of those convictions is for a class A
misdemeanor:
(A) any theft, any robbery, or any burglary with intent to commit theft;
(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
(C) any attempt to commit any offense under Subsection (1)(b)[
(ii)
]
(iii)
(A) or (B);
[
(iii)
] 
(iv)
 (A) the value of property or services is or exceeds $500 but is less than
$1,500;
(B) the theft occurs on a property where the offender has committed any theft within
the past five years; and
(C) the offender has received written notice from the merchant prohibiting the offender
from entering the property pursuant to Subsection 
78B-3-108
(4); or
[
(iv)
] 
(v)
 the actor has been previously convicted of a felony violation of any of the
offenses listed in Subsections (1)(b)[
(ii)
]
(iii)
(A) through (1)(b)[
(ii)
]
(iii)
(C), if the prior offense
was committed within 10 years before the date of the current conviction or the date of the
offense upon which the current conviction is based;
(c) as a class A misdemeanor if:
(i) the value of the property stolen is or exceeds $500 but is less than $1,500;
(ii) (A) the value of property or services is less than $500;
(B) the theft occurs on a property where the offender has committed any theft within
the past five years; and
(C) the offender has received written notice from the merchant prohibiting the offender
from entering the property pursuant to Subsection 
78B-3-108
(4); or
(iii) the actor has been twice before convicted of any of the offenses listed in
Subsections (1)(b)[
(ii)
]
(iii)
(A) through (1)(b)[
(ii)
]
(iii)
(C), if each prior offense was committed
within 10 years before the date of the current conviction or the date of the offense upon which
the current conviction is based; or
(d) as a class B misdemeanor if the value of the property stolen is less than $500 and
the theft is not an offense under Subsection (1)(c).
(2) Any individual who violates Subsection 
76-6-408
(2) or 
76-6-413
(1), or commits
theft of a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack,
jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes, or a livestock
guardian dog, is civilly liable for three times the amount of actual damages, if any sustained by
the plaintiff, and for costs of suit and reasonable attorney fees.
Section 28. Section 
76-6-1406
 is amended to read:
76-6-1406.
Restrictions on the purchase of regulated metal -- Exemption.
(1) A dealer may conduct purchase transactions involving regulated metal only
between the hours of 6 a.m. and 7 p.m.
(2) Except when the dealer pays a government entity by check for regulated metal, the
dealer may not purchase any of the following regulated metal without obtaining and keeping on
file reasonable documentation that the seller is an employee, agent, or contractor of a
governmental entity who is authorized to sell the item of regulated metal property on behalf of
the governmental entity:
(a) a manhole cover or sewer grate;
(b) an electric light pole; or
(c) a guard rail.
(3) (a) A dealer may not purchase suspect metal without obtaining the information
under Subsection (3)(b) identifying the owner of the suspect metal.
(b) The owner of the suspect metal shall provide in writing:
(i) the owner's telephone number;
(ii) the owner's business or residential address, which may not be a post box;
(iii) a copy of the owner's driver license; and
(iv) a signed statement that the person is the lawful owner of the suspect metal and
authorizes the seller, identified by name, to sell the suspect metal.
(c) The dealer shall keep the identifying information provided in Subsection (3)(b) on
file for not less than one year.
(4) Transactions with businesses that have an established account with the dealer are
exempt from the requirements of Subsections (2) and (3) if the business holds a valid business
license, and:
(a) (i) the dealer has on file a statement from the business identifying those employees
authorized to sell all metals to the dealer; and
(ii) the dealer conducts regulated metal transactions only with those identified
employees of the business and records the name of the employee when recording the
transaction;
(b) the dealer has on file reasonable documentation from the business that any person
verified as representing the business as an employee, and whom the dealer has verified is an
employee, may sell regulated metal; or
(c) the dealer makes payment for regulated metal purchased from a person by issuing a
check to the business employing the seller.
(5) If a dealer is a catalytic converter purchaser as defined in Section 
13-32a-102
, the
dealer shall comply with the requirements in Title 13, Chapter 32a, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act.
Section 29. Section 
78B-3-108
 is amended to read:
78B-3-108.
Shoplifting -- Merchant's rights -- Civil liability for shoplifting by
adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written notice
required for penalty demand.
(1) As used in this section:
(a) "Merchandise" has the same meaning as provided in Section 
76-6-601
.
(b) "Merchant" has the same meaning as provided in Section 
76-6-601
.
(c) "Minor" has the same meaning as provided in Section 
76-6-601
.
(d) "Premises" has the same meaning as "retail mercantile establishment" found in
Section 
76-6-601
.
(2) 
(a)
 A merchant may request an individual on the merchant's premises to place or
keep in full view any merchandise the individual may have removed, or which the merchant
has reason to believe the individual may have removed, from its place of display or elsewhere,
whether for examination, purchase, or for any other reasonable purpose.
(b)
 The merchant may not be criminally or civilly liable for having made the request.
(3) 
(a)
 A merchant who has reason to believe that an individual has committed any of
the offenses listed in Subsection 
76-6-412
(1)(b)[
(ii)
]
(iii)
(A), (B), or (C) and that the merchant
can recover the merchandise by taking the individual into custody and detaining the individual
may, for the purpose of attempting to recover the merchandise or for the purpose of informing
a peace officer of the circumstances of the detention, take the individual into custody and
detain the individual in a reasonable manner and for a reasonable length of time.
(b)
 Neither the merchant nor the merchant's employee may be criminally or civilly
liable for false arrest, false imprisonment, slander, or unlawful detention or for any other type
of claim or action unless the custody and detention are unreasonable under all the
circumstances.
(4) (a) A merchant may prohibit an individual who has committed any of the offenses
listed in Subsection 
76-6-412
(1)(b)[
(ii)
]
(iii)
 from reentering the premises on which the
individual has committed the offense.
(b) The merchant shall give written notice of this prohibition to the individual under
Subsection (4)(a). The notice may be served by:
(i) delivering a copy to the individual personally;
(ii) sending a copy through registered or certified mail addressed to the individual at
the individual's residence or usual place of business;
(iii) leaving a copy with an individual of suitable age and discretion at either location
under Subsection (4)(b)(ii) and mailing a copy to the individual at the individual's residence or
place of business if the individual is absent from the residence or usual place of business; or
(iv) affixing a copy in a conspicuous place at the individual's residence or place of
business.
(c) The individual serving the notice may authenticate service with the individual's
signature, the method of service, and legibly documenting the date and time of service.
(5) An adult who commits any of the offenses listed in Subsection
76-6-412
(1)(b)[
(ii)
]
(iii)
(A), (B), or (C) is also liable in a civil action for:
(a) actual damages;
(b) a penalty to the merchant in the amount of the retail price of the merchandise not to
exceed $1,000; and
(c) an additional penalty as determined by the court of not less than $100 nor more than
$500, plus court costs and reasonable attorney fees.
(6) A minor who commits any of the offenses listed in Subsection
76-6-412
(1)(b)[
(ii)
]
(iii)
(A), (B), or (C) and the minor's parents or legal guardian are jointly and
severally liable in a civil action to the merchant for:
(a) actual damages;
(b) a penalty to be remitted to the merchant in the amount of the retail price of the
merchandise not to exceed $500 plus an additional penalty as determined by the court of not
less than $50 nor more than $500; and
(c) court costs and reasonable attorney fees.
(7) A parent or guardian is not liable for damages under this section if the parent or
guardian made a reasonable effort to restrain the wrongful taking and reported it to the
merchant involved or to the law enforcement agency having primary jurisdiction once the
parent or guardian knew of the minor's unlawful act. A report is not required under this section
if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of
the merchant involved.
(8) A conviction in a criminal action for any of the offenses listed in Subsection
76-6-412
(1)(b)[
(ii)
]
(iii)
(A), (B), or (C) is not a condition precedent to a civil action authorized
under Subsection (5) or (6).
(9) (a) A merchant demanding payment of a penalty under Subsection (5) or (6) shall
give written notice to the individual or individuals from whom the penalty is sought. The
notice shall state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not
prevent criminal prosecution under a related criminal provision."
(b) This notice shall be boldly and conspicuously displayed, in at least the same size
type as is used in the demand, and shall be sent with the demand for payment of the penalty
described in Subsection (5) or (6).
(10) The provision of Section 
78B-8-201
 requiring that compensatory or general
damages be awarded in order to award punitive damages does not prohibit an award of a
penalty under Subsection (5) or (6) whether or not restitution has been paid to the merchant
either prior to or as part of a civil action.