7 LONG TITLE
8 General Description:
9 This bill modifies the Pawnshop and Secondhand Merchandise Transaction Information
11 Highlighted Provisions:
12 This bill:
13 ▸ defines "children's product" and "children's product resale business"; and
14 ▸ exempts children's product resale businesses from the reporting and holding period
15 requirements regarding secondhand merchandise dealers.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 13-32a-102, as last amended by Laws of Utah 2016, Chapter 421
23 13-32a-104, as last amended by Laws of Utah 2014, Chapter 189
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 13-32a-102 is amended to read:
27 13-32a-102. Definitions.
28 As used in this chapter:
29 (1) "Account" means the Pawnbroker and Secondhand Merchandise Operations
30 Restricted Account created in Section 13-32a-113.
31 (2) "Antique item" means an item:
32 (a) that is generally older than 25 years;
33 (b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
34 (c) that is furniture or other decorative objects produced in a previous time period, as
35 distinguished from new items of a similar nature; and
36 (d) obtained from auctions, estate sales, other antique shops, and individuals.
37 (3) "Antique shop" means a business operating at an established location and that
38 offers for sale antique items.
39 (4) "Board" means the Secondhand Merchandise Advisory Board created by this
41 (5) "Central database" or "database" means the electronic database created and
42 operated under Section 13-32a-105.
43 (6) "Children's product" means used items that are for the exclusive use of children, or
44 for the care of children, including clothing and toys.
45 (7) "Children's product resale business" means a business operating at a commercial
46 location and primarily selling children's products.
48 a disc that is:
49 (a) stamped metal, and issued by a government as monetary currency; or
50 (b) (i) worth more than its current value as currency; and
51 (ii) worth more than its metal content value.
53 selling and purchasing of coins and precious metals.
55 monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the
56 refiner or fabricator indicating their fineness and include:
57 (a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious
58 metals; or
59 (b) .925 fine sterling silver ingots, art bars, and medallions.
61 1, Department of Commerce.
63 personal identification, including a United States passport, a United States passport card, U.S.
64 military personal identification, and a driver license.
66 has direct responsibility for ensuring compliance with central database reporting requirements
67 for the jurisdiction where the pawnshop or secondhand business is located.
69 or otherwise appropriated without authority of the lawful owner.
71 transaction and includes:
72 (a) an authorized representative designated in writing by the original victim; and
73 (b) an insurer who has indemnified the original victim for the loss of the described
76 pawnbroker or secondhand merchandise dealer, or the owner or operator of the business.
79 (a) loans money on one or more deposits of personal property;
80 (b) deals in the purchase, exchange, or possession of personal property on condition of
81 selling the same property back again to the pledgor or depositor;
82 (c) loans or advances money on personal property by taking chattel mortgage security
83 on the property and takes or receives the personal property into his possession, and who sells
84 the unredeemed pledges;
85 (d) deals in the purchase, exchange, or sale of used or secondhand merchandise or
86 personal property; or
87 (e) engages in a licensed business enterprise as a pawnshop.
89 conducts business.
91 transaction is entered when the pawn transaction is made.
93 delivers property to a pawnbroker for an advance of money and retains the right to redeem the
94 property for the redemption price within a fixed period of time.
99 maintained by pawn and secondhand businesses. The register is an electronic record that is in a
100 format that is compatible with the central database.
102 produced and distributed in hard copy format for retail sale.
104 (a) for its gold, silver, or platinum content; and
105 (b) for the purpose of reuse of the metal content.
107 business that:
108 (i) deals in the purchase, exchange, or sale of used or secondhand merchandise or
109 personal property; and
110 (ii) does not function as a pawnbroker.
111 (b) "Secondhand merchandise dealer" does not include:
112 (i) the owner or operator of an antique shop;
113 (ii) any class of businesses exempt by administrative rule under Section 13-32a-112.5;
114 (iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,
115 and outboard motor dealers as defined in Section 41-1a-102;
116 (iv) the sale of secondhand goods at events commonly known as "garage sales," "yard
117 sales," or "estate sales";
118 (v) the sale or receipt of secondhand books, magazines, or post cards;
119 (vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
120 or charitable organizations or any school-sponsored association, and for which no
121 compensation is paid;
122 (vii) the sale or receipt of secondhand clothing and shoes;
123 (viii) any person offering his own personal property for sale, purchase, consignment, or
124 trade via the Internet;
125 (ix) any person or entity offering the personal property of others for sale, purchase,
126 consignment, or trade via the Internet, when that person or entity does not have, and is not
127 required to have, a local business or occupational license or other authorization for this activity;
128 (x) any owner or operator of a retail business that:
129 (A) receives used merchandise as a trade-in for similar new merchandise ; or
130 (B) receives used retail media items as a trade-in for similar new or used retail media
132 (xi) an owner or operator of a business that contracts with other persons or entities to
133 offer those persons' secondhand goods for sale, purchase, consignment, or trade via the
135 (xii) any dealer as defined in Section 76-6-1402, which concerns scrap metal and
136 secondary metals; [
137 (xiii) the purchase of items in bulk that are:
138 (A) sold at wholesale in bulk packaging;
139 (B) sold by a person licensed to conduct business in Utah; and
140 (C) regularly sold in bulk quantities as a recognized form of sale; or
141 (xiv) the owner or operator of a children's product retail business.
142 Section 2. Section 13-32a-104 is amended to read:
143 13-32a-104. Register required to be maintained -- Contents -- Identification of
144 items -- Prohibition against pawning or selling certain property.
145 (1) Every pawnbroker or secondhand merchandise dealer shall keep a register of each
146 article of property a person pawns or sells to the pawnbroker or secondhand merchandise
147 dealer, except as provided in Subsection 13-32a-102[
148 secondhand business owner or operator, or [
149 the following information regarding every article pawned or sold to the owner or employee:
150 (a) the date and time of the transaction;
151 (b) the pawn transaction ticket number, if the article is pawned;
152 (c) the date by which the article must be redeemed;
153 (d) the following information regarding the person who pawns or sells the article:
154 (i) the person's name, residence address, and date of birth;
155 (ii) the number of the driver license or other form of positive identification presented
156 by the person, and notations of discrepancies if the person's physical description, including
157 gender, height, weight, race, age, hair color, and eye color, does not correspond with
158 identification provided by the person;
159 (iii) the person's signature; and
160 (iv) a legible fingerprint of the person's right index finger, or if the right index finger
161 cannot be fingerprinted, a legible fingerprint of the person with a written notation identifying
162 the fingerprint and the reason why the index finger's print was unavailable;
163 (e) the amount loaned on or paid for the article, or the article for which it was traded;
164 (f) the identification of the pawn or secondhand business owner or the employee,
165 whoever is making the register entry; and
166 (g) an accurate description of the article of property, including available identifying
167 marks such as:
168 (i) names, brand names, numbers, serial numbers, model numbers, color,
169 manufacturers' names, and size;
170 (ii) metallic composition, and any jewels, stones, or glass;
171 (iii) any other marks of identification or indicia of ownership on the article;
172 (iv) the weight of the article, if the payment is based on weight;
173 (v) any other unique identifying feature;
174 (vi) gold content, if indicated; and
175 (vii) if multiple articles of a similar nature are delivered together in one transaction and
176 the articles do not bear serial or model numbers and do not include precious metals or
177 gemstones, such as musical or video recordings, books, or hand tools, the description of the
178 articles is adequate if it includes the quantity of the articles and a description of the type of
179 articles delivered.
180 (2) A pawn or secondhand business may not accept any personal property if, upon
181 inspection, it is apparent that serial numbers, model names, or identifying characteristics have
182 been intentionally defaced on that article of property.
183 (3) (a) A person may not pawn or sell any property to a business regulated under this
184 chapter if the property is subject to being turned over to a law enforcement agency in
185 accordance with Title 77, Chapter 24a, Lost or Mislaid Personal Property.
186 (b) If an individual attempts to sell or pawn property to a business regulated under this
187 chapter and the employee or owner of the business knows or has reason to know that the
188 property is subject to Title 77, Chapter 24a, Lost or Mislaid Personal Property, the employee or
189 owner shall advise the individual of the requirements of Title 77, Chapter 24a, Lost or Mislaid
190 Personal Property, and may not receive the property in pawn or sale.
191 (4) A violation of this section is a class B misdemeanor and is also subject to civil
192 penalties under Section 13-32a-110.
Legislative Review Note
Office of Legislative Research and General Counsel