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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to pawn and secondhand businesses.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ addresses what is required if the electronic serial number of a wireless
15 communication device is not available;
16 ▸ imposes limitations if the electronic serial number of a wireless communication
17 device is not available;
18 ▸ requires certain photographs with the purchase of a wireless communication device;
19 ▸ allows for updating the central database if the electronic serial number of a wireless
20 communication device is available by a certain time after the date of purchase;
21 ▸ addresses the holding period for wireless communication devices; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 13-32a-102, as last amended by Laws of Utah 2019, Chapter 309
30 13-32a-104, as last amended by Laws of Utah 2019, Chapter 309
31 13-32a-106, as last amended by Laws of Utah 2019, Chapter 309
32 13-32a-109, as last amended by Laws of Utah 2019, Chapter 309
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 13-32a-102 is amended to read:
36 13-32a-102. Definitions.
37 As used in this chapter:
38 (1) "Account" means the Pawnbroker and Secondhand Merchandise Operations
39 Restricted Account created in Section 13-32a-113.
40 (2) "Antique item" means an item:
41 (a) that is generally older than 25 years;
42 (b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
43 (c) that is furniture or other decorative objects produced in a previous time period, as
44 distinguished from new items of a similar nature; and
45 (d) obtained from auctions, estate sales, other antique shops, and individuals.
46 (3) "Antique shop" means a business operating at an established location that deals
47 primarily in the purchase, exchange, or sale of antique items.
48 (4) "Board" means the Pawnshop and Secondhand Merchandise Advisory Board
49 created by this chapter.
50 (5) "Central database" or "database" means the electronic database created and
51 operated under Section 13-32a-105.
52 (6) "Children's product" means a used item that is for the exclusive use of children, or
53 for the care of children, including clothing and toys.
54 (7) "Children's product resale business" means a business operating at a commercial
55 location and primarily selling children's products.
56 (8) "Coin" means a piece of currency, usually metallic and usually in the shape of a
57 disc that is:
58 (a) stamped metal, and issued by a government as monetary currency; or
59 (b) (i) worth more than its current value as currency; and
60 (ii) worth more than its metal content value.
61 (9) "Coin dealer" means a person whose sole business activity is the selling and
62 purchasing of numismatic items and precious metals.
63 (10) "Collectible paper money" means paper currency that is no longer in circulation
64 and is sold and purchased for the paper currency's collectible value.
65 (11) (a) "Commercial grade precious metals" or "precious metals" means ingots,
66 monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the
67 refiner or fabricator indicating their fineness and include:
68 (i) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals;
69 or
70 (ii) .925 fine sterling silver ingots, art bars, and medallions.
71 (b) "Commercial grade precious metals" or "precious metals" does not include jewelry.
72 (12) "Consignment shop" means a business, operating at an established location:
73 (a) that deals primarily in the offering for sale property owned by a third party; and
74 (b) where the owner of the property only receives consideration upon the sale of the
75 property by the business.
76 (13) "Division" means the Division of Consumer Protection created in Chapter 1,
77 Department of Commerce.
78 (14) "Exonumia" means a privately issued token for trade that is sold and purchased
79 for the token's collectible value.
80 (15) "Gift card" means a record that:
81 (a) is usable at:
82 (i) a single merchant; or
83 (ii) a specified group of merchants;
84 (b) is prefunded before the record is used; and
85 (c) can be used for the purchase of goods or services.
86 (16) "Identification" means any of the following non-expired forms of identification
87 issued by a state government, the United States government, or a federally recognized Indian
88 tribe, if the identification includes a unique number, photograph of the bearer, and date of birth:
89 (a) a United States Passport or United States Passport Card;
90 (b) a state-issued driver license;
91 (c) a state-issued identification card;
92 (d) a state-issued concealed carry permit;
93 (e) a United States military identification;
94 (f) a United States resident alien card;
95 (g) an identification of a federally recognized Indian tribe; or
96 (h) notwithstanding Section 53-3-207, a Utah driving privilege card.
97 (17) "Indicia of being new" means property that:
98 (a) is represented by the individual pawning or selling the property as new;
99 (b) is unopened in the original packaging; or
100 (c) possesses other distinguishing characteristics that indicate the property is new.
101 (18) "Local law enforcement agency" means the law enforcement agency that has
102 direct responsibility for ensuring compliance with central database reporting requirements for
103 the jurisdiction where the pawn or secondhand business is located.
104 (19) "Numismatic item" means a coin, collectible paper money, or exonumia.
105 (20) "Original victim" means a victim who is not a party to the pawn or sale transaction
106 and includes:
107 (a) an authorized representative designated in writing by the original victim; and
108 (b) an insurer who has indemnified the original victim for the loss of the described
109 property.
110 (21) "Pawn or secondhand business" means a business operated by a pawnbroker or
111 secondhand merchandise dealer, or the owner or operator of the business.
112 (22) "Pawn transaction" means:
113 (a) an extension of credit in which an individual delivers property to a pawnbroker for
114 an advance of money and retains the right to redeem the property for the redemption price
115 within a fixed period of time;
116 (b) a loan of money on one or more deposits of personal property;
117 (c) the purchase, exchange, or possession of personal property on condition of selling
118 the same property back again to the pledgor or depositor; or
119 (d) a loan or advance of money on personal property by the pawnbroker taking chattel
120 mortgage security on the personal property, taking or receiving the personal property into the
121 pawnbroker's possession, and selling the unredeemed pledges.
122 (23) "Pawnbroker" means a person whose business:
123 (a) engages in a pawn transaction; or
124 (b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of
125 whether the person or business enters into pawn transactions or secondhand merchandise
126 transactions.
127 (24) "Pawnshop" means the physical location or premises where a pawnbroker
128 conducts business.
129 (25) "Pledgor" means an individual who conducts a pawn transaction with a pawnshop.
130 (26) "Property" means an article of tangible personal property, numismatic item,
131 precious metal, gift card, transaction card, or other physical or digital card or certificate
132 evidencing store credit.
133 (27) "Retail media item" means recorded music, a movie, or a video game that is
134 produced and distributed in hard copy format for retail sale.
135 (28) "Scrap jewelry" means any item purchased solely:
136 (a) for its gold, silver, or platinum content; and
137 (b) for the purpose of reuse of the metal content.
138 (29) (a) "Secondhand merchandise dealer" means a person whose business:
139 (i) engages in a secondhand merchandise transaction; and
140 (ii) does not engage in a pawn transaction.
141 (b) "Secondhand merchandise dealer" includes a coin dealer.
142 (c) "Secondhand merchandise dealer" does not include:
143 (i) an antique shop when dealing in antique items;
144 (ii) a person who operates an auction house, flea market, or vehicle, vessel, and
145 outboard motor dealers as defined in Section 41-1a-102;
146 (iii) the sale of secondhand goods at events commonly known as "garage sales," "yard
147 sales," "estate sales," "storage unit sales," or "storage unit auctions";
148 (iv) the sale or receipt of secondhand books, magazines, post cards, or nonelectronic:
149 (A) card games;
150 (B) table-top games; or
151 (C) magic tricks;
152 (v) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
153 or charitable organizations or any school-sponsored association, and for which no
154 compensation is paid;
155 (vi) the sale or receipt of secondhand clothing, shoes, furniture, or appliances;
156 (vii) any person offering the person's own personal property for sale, purchase,
157 consignment, or trade via the Internet;
158 (viii) any person offering the personal property of others for sale, purchase,
159 consignment, or trade via the Internet, when that person does not have, and is not required to
160 have, a local business or occupational license or other authorization for this activity;
161 (ix) any owner or operator of a retail business that:
162 (A) receives used merchandise as a trade-in for similar new merchandise ; or
163 (B) receives used retail media items as a trade-in for similar new or used retail media
164 items;
165 (x) an owner or operator of a business that contracts with other persons to offer those
166 persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;
167 (xi) any dealer as defined in Section 76-6-1402, which concerns scrap metal and
168 secondary metals;
169 (xii) the purchase of items in bulk that are:
170 (A) sold at wholesale in bulk packaging;
171 (B) sold by a person licensed to conduct business in Utah; and
172 (C) regularly sold in bulk quantities as a recognized form of sale;
173 (xiii) the owner or operator of a children's product resale business; or
174 (xiv) a consignment shop when dealing in consigned property.
175 (30) "Secondhand merchandise transaction" means the purchase or exchange of used or
176 secondhand property.
177 (31) "Ticket" means a document upon which information is entered when a pawn
178 transaction or secondhand merchandise transaction is made.
179 (32) "Transaction card" means a card, code, or other means of access to a value with
180 the retail business issued to a person that allows the person to obtain, purchase, or receive any
181 of the following:
182 (a) goods;
183 (b) services;
184 (c) money; or
185 (d) anything else of value.
186 (33) "Wireless communication device" means:
187 (a) a cellular telephone; or
188 (b) a portable electronic device that is capable of receiving and transmitting data,
189 including text messages and email.
190 Section 2. Section 13-32a-104 is amended to read:
191 13-32a-104. Tickets required to be maintained -- Contents -- Identification of
192 items -- Prohibition against pawning or selling certain property.
193 (1) A pawn or secondhand business shall keep a ticket for property a person pawns or
194 sells to the pawn or secondhand business. A pawn or secondhand business shall document on
195 the ticket the following information regarding the property:
196 (a) the date and time of the transaction;
197 (b) whether the transaction is a pawn or purchase;
198 (c) the ticket number;
199 (d) the date by which the property must be redeemed, if the property is pawned;
200 (e) the following information regarding the individual who pawns or sells the property:
201 (i) the individual's full name and date of birth as they appear on the individual's
202 identification and the individual's residence address and telephone number;
203 (ii) the unique number and type of identification presented to the pawn or secondhand
204 business;
205 (iii) the individual's signature; and
206 (iv) subject to Subsection (6), a legible fingerprint of the individual's right index finger,
207 or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a
208 notation identifying the fingerprint and the reason why the index finger's print was unavailable;
209 (f) the amount loaned on, paid for, or value for trade-in of each article of property;
210 (g) the full name of the individual conducting the pawn transaction or secondhand
211 merchandise transaction on behalf of the pawn or secondhand business or the initials or a
212 unique identifying number of the individual, if the pawn or secondhand business maintains a
213 record of the initials or unique identifying number of the individual; and
214 (h) an accurate description of each article of property, with available identifying marks,
215 including:
216 (i) names, brand names, numbers, serial numbers, electronic serial numbers, model
217 numbers, color, manufacturers' names, and size;
218 (ii) metallic composition, and any jewels, stones, or glass;
219 (iii) any other marks of identification or indicia of ownership on the property;
220 (iv) the weight of the property, if the payment is based on weight;
221 (v) any other unique identifying feature;
222 (vi) gold content, if indicated; [
223 (vii) if multiple articles of property of a similar nature are delivered together in one
224 transaction and the articles of property do not bear serial or model numbers and do not include
225 precious metals or gemstones, such as musical or video recordings, books, or hand tools, the
226 description of the articles is adequate if it includes the quantity of the articles and a description
227 of the type of articles delivered[
228 (viii) if the electronic serial number of a wireless communication device is not
229 available at the time of purchase, a unique identifier to the wireless communication device:
230 (A) assigned by the pawn or secondhand business that directly associates the wireless
231 communication device to the transaction when the wireless communication device was
232 purchased; and
233 (B) affixed to the wireless communication device by the seller at the time of purchase
234 by the pawn or secondhand business.
235 (2) (a) A pawn or secondhand business may not accept property if, upon inspection, it
236 is apparent that:
237 (i) a serial number or another form of indicia of ownership has been removed, altered,
238 defaced, or obliterated;
239 (ii) a wireless communication device's electronic serial number is not available at the
240 time of purchase, unless the purchase price paid does not exceed $25;
241 [
242 accompanied by a written receipt or other satisfactory proof of ownership other than the seller's
243 own statement; or
244 [
245 transaction card, or other physical or digital card or certificate evidencing store credit.
246 (b) A pawn or secondhand business is not subject to Subsection (2)(a)[
247 pawn or secondhand business is the original seller of the property and is accepting a return of
248 the property as provided by the pawn or secondhand business' established return policy.
249 (c) Property is presumed to have had indicia of being new at the time of a transaction if
250 the property is subsequently advertised by the pawn or secondhand business as being new.
251 (d) The division may annually review the dollar amount provided in Subsection
252 (2)(a)(ii) and adjust the amount by rule, made in accordance with Title 63G, Chapter 3, Utah
253 Administrative Rulemaking Act, and in accordance with the division's authority under
254 Subsection 13-32a-102.5(1).
255 (3) (a) An individual may not pawn or sell any property to a business regulated under
256 this chapter if the property is subject to being turned over to a law enforcement agency in
257 accordance with Title 77, Chapter 24a, Lost or Mislaid Personal Property.
258 (b) If an individual attempts to sell or pawn property to a business regulated under this
259 chapter and the employee or owner of the business knows or has reason to know that the
260 property is subject to Title 77, Chapter 24a, Lost or Mislaid Personal Property, the employee or
261 owner shall advise the individual of the requirements of Title 77, Chapter 24a, Lost or Mislaid
262 Personal Property, and may not receive the property in pawn or sale.
263 (c) An individual may not exceed 10 wireless communication device sales to a pawn or
264 secondhand business over a one-year period if the electronic serial number for those wireless
265 communication devices is not available at the time of purchase.
266 (d) Notwithstanding Subsection (1)(h)(vii), a wireless communication device that does
267 not have an available electronic serial number at the time of purchase by a pawn or secondhand
268 business may only be purchased by the pawn or secondhand business in a single item
269 transaction.
270 (4) A coin dealer is subject to Section 13-32a-104.5 and not subject to this section.
271 (5) A violation of this section is a class B misdemeanor and is also subject to civil
272 penalties under Section 13-32a-110.
273 (6) (a) On and after January 1, 2020:
274 (i) a pawn or secondhand business shall obtain an electronic legible fingerprint of the
275 individual's right index finger that can be submitted to the central database at the same time the
276 other information is submitted under this section, or if the right index finger cannot be
277 fingerprinted, an electronic legible fingerprint of the individual with a notation on the ticket
278 identifying the fingerprint and the reason why a right index fingerprint is unavailable; and
279 (ii) the electronic fingerprint is not required on the ticket.
280 (b) On and after January 1, 2020, a pawn or secondhand business shall submit an
281 electronic legible fingerprint obtained under Subsection (6)(a) to the central database.
282 (7) (a) As used in this Subsection (7), "jewelry" means:
283 (i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry
284 and watches; or
285 (ii) any jewelry that the pawn or secondhand business is allowed to sell under
286 Subsection 13-32a-109(1), including scrap jewelry and watches.
287 (b) On and after January 1, 2020, a pawn or secondhand business shall obtain:
288 (i) a color digital photograph clearly and accurately depicting:
289 (A) each item of jewelry; and
290 (B) if an item of jewelry has one or more engravings, an additional color digital
291 photograph specifically depicting any engraving; and
292 (ii) a color digital photograph of an item that bears an identifying mark, including:
293 (A) a serial number, engraving, owner label, or similar identifying mark; and
294 (B) an additional photograph that clearly depicts the identifying mark described in
295 Subsection (7)(b)(ii)(A) unless the article is a wireless communications device.
296 (c) A pawn or secondhand business that purchases a wireless communication device
297 shall obtain:
298 (i) a color digital photograph of the individual selling the wireless communication
299 device;
300 (ii) a color digital photograph of the wireless communication device; and
301 (iii) a color digital photograph of the seller label if required under Subsection
302 (1)(h)(viii).
303 Section 3. Section 13-32a-106 is amended to read:
304 13-32a-106. Transaction information provided to the central database --
305 Protected information.
306 (1) (a) A pawn or secondhand business shall transmit electronically in a compatible
307 format information required to be recorded under Sections 13-32a-103, 13-32a-104, and
308 13-32a-104.5 that is capable of being transmitted electronically to the central database within
309 24 hours after entering into the transaction.
310 (b) The division may specify by rule, made in accordance with Title 63G, Chapter 3,
311 Utah Administrative Rulemaking Act, the information capable of being transmitted
312 electronically under Subsection (1)(a).
313 (c) If a wireless communication device's electronic serial number is not available at the
314 time of purchase by a pawn or secondhand business, the transaction information to be provided
315 to the central database shall be updated if the electronic serial number is available within 15
316 calendar days after the date of purchase.
317 (2) A pawn or secondhand business shall maintain tickets generated by the pawn or
318 secondhand business and shall maintain the tickets in a manner so that the tickets are available
319 to local law enforcement agencies as required by this chapter and as requested by any law
320 enforcement agency as part of an investigation or reasonable random inspection conducted
321 pursuant to this chapter.
322 (3) (a) If a pawn or secondhand business experiences a computer or electronic
323 malfunction that affects its ability to report transactions as required in Subsection (1), the pawn
324 or secondhand business shall immediately notify the division and the local law enforcement
325 agency of the malfunction.
326 (b) The pawn or secondhand business shall solve the malfunction within three business
327 days or notify the division and the local law enforcement agency under Subsection (4).
328 (4) If the computer or electronic malfunction under Subsection (3) cannot be solved
329 within three business days, the pawn or secondhand business shall notify the division and the
330 local law enforcement agency of the reasons for the delay and provide documentation from a
331 reputable computer maintenance company of the reasons why the computer or electronic
332 malfunction cannot be solved within three business days.
333 (5) A computer or electronic malfunction does not suspend the pawn or secondhand
334 business' obligation to comply with all other provisions of this chapter.
335 (6) During the malfunction under Subsections (3) and (4), the pawn or secondhand
336 business shall:
337 (a) arrange with the local law enforcement agency a mutually acceptable alternative
338 method by which the pawn or secondhand business provides the required information to the
339 local law enforcement agency; and
340 (b) a pawn or secondhand business shall maintain the tickets and other related
341 information required under this chapter in a written form.
342 (7) A pawn or secondhand business that violates the electronic transaction reporting
343 requirement of this section is subject to an administrative fine of $50 per day if:
344 (a) the pawn or secondhand business is unable to submit the information electronically
345 due to a computer or electronic malfunction;
346 (b) the three business day period under Subsection (3) has expired; and
347 (c) the pawn or secondhand business has not provided documentation regarding its
348 inability to solve the malfunction as required under Subsection (4).
349 (8) A pawn or secondhand business is not responsible for a delay in transmission of
350 information that results from a malfunction in the central database.
351 (9) A violation of this section is a class B misdemeanor and is also subject to civil
352 penalties under Section 13-32a-110.
353 Section 4. Section 13-32a-109 is amended to read:
354 13-32a-109. Holding period for property -- Return of property -- Penalty.
355 (1) (a) A pawnbroker may sell property pawned to the pawnbroker if:
356 (i) 15 calendar days have passed after the day on which the pawnbroker submits the
357 information and any required photograph to the central database;
358 (ii) the contract period between the pawnbroker and the pledgor expires; and
359 (iii) the pawnbroker has complied with Sections 13-32a-103, 13-32a-104, and
360 13-32a-106.
361 (b) If property, including scrap jewelry, is purchased by a pawn or secondhand
362 business, the pawn or secondhand business may sell the property if the pawn or secondhand
363 business has held the property for 15 calendar days after the day on which the pawn or
364 secondhand business submits the information to the central database, and complied with
365 Sections 13-32a-103, 13-32a-104, and 13-32a-106, except that the pawn or secondhand
366 business is not required to hold precious metals or numismatic items under this Subsection
367 (1)(b).
368 (c) Notwithstanding the other provisions of this Subsection (1), if the wireless
369 communication device's electronic serial number is updated to the central database pursuant to
370 Subsection 13-32a-106(1)(c), the pawn or secondhand business may sell the wireless
371 communication device only if the pawn or secondhand business holds the wireless
372 communication device for at least 30 calendar days after the date of purchase.
373 (d) Notwithstanding the other provisions of this Subsection (1), if the wireless
374 communication device's electronic serial number is not available and cannot be updated to the
375 central database pursuant to Subsection 13-32a-106(1)(c), the pawn or secondhand business
376 may sell the wireless communication device only if the pawn or secondhand business holds the
377 wireless communication device for at least 60 calendar days after the date of purchase.
378 [
379 requiring a pawn or secondhand business to hold property if necessary in the course of an
380 investigation.
381 (ii) If the property is pawned, the law enforcement agency may require the property be
382 held beyond the terms of the contract between the pledgor and the pawnbroker.
383 (iii) If the property is sold to the pawn or secondhand business, the law enforcement
384 agency may require the property be held if the pawn or secondhand business has not sold the
385 article.
386 [
387 Subsection (1) is not the local law enforcement agency, the requesting law enforcement agency
388 shall notify the local law enforcement agency of the request and also the pawn or secondhand
389 business.
390 (2) If a law enforcement agency requires the pawn or secondhand business to hold
391 property as part of an investigation, the law enforcement agency shall provide to the pawn or
392 secondhand business a hold form issued by the law enforcement agency, that:
393 (a) states the active case number;
394 (b) confirms the date of the hold request and the property to be held; and
395 (c) facilitates the ability of the pawn or secondhand business to track the property when
396 the prosecution takes over the case.
397 (3) If property is not seized by a law enforcement agency that has placed a hold on the
398 property, the property shall remain in the custody of the pawn or secondhand business until
399 further disposition by the law enforcement agency, and as consistent with this chapter.
400 (4) The initial hold by a law enforcement agency is for a period of 90 days. If the
401 property is not seized by the law enforcement agency, the property shall remain in the custody
402 of the pawn or secondhand business and is subject to the hold unless exigent circumstances
403 require the property to be seized by the law enforcement agency.
404 (5) (a) A law enforcement agency may extend any hold for up to an additional 90 days
405 if circumstances require the extension.
406 (b) If there is an extension of a hold under Subsection (5)(a), the requesting law
407 enforcement agency shall notify the pawn or secondhand business that is subject to the hold
408 [
409 (c) A law enforcement agency may not hold an item for more than the 180 days
410 allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
411 (6) A hold on property under Subsection (2) takes precedence over any request to claim
412 or purchase the property subject to the hold.
413 (7) If an original victim who has complied with Section 13-32a-115 has not been
414 identified and the hold or seizure of the property is terminated, the law enforcement agency
415 requiring the hold or seizure shall within 15 business days after the termination:
416 (a) notify the pawn or secondhand business in writing that the hold or seizure has been
417 terminated;
418 (b) return the property subject to the seizure to the pawn or secondhand business; or
419 (c) if the property is not returned to the pawn or secondhand business, advise the pawn
420 or secondhand business either in writing or electronically of the specific alternative disposition
421 of the property.
422 (8) (a) If the original victim who has complied with Section 13-32a-115 has been
423 identified and the hold or seizure of property is terminated, the law enforcement agency
424 requiring the hold or seizure shall:
425 (i) document the original victim who has positively identified the property; and
426 (ii) provide the documented information concerning the original victim to the
427 prosecuting agency to determine whether continued possession of the property is necessary for
428 purposes of prosecution, as provided in Section 24-3-103.
429 (b) If the prosecuting agency determines that continued possession of the property is
430 not necessary for purposes of prosecution, as provided in Section 24-3-103, the prosecuting
431 agency shall provide a written or electronic notification to the law enforcement agency that
432 authorizes the return of the property to an original victim who has complied with Section
433 13-32a-115.
434 (c) (i) A law enforcement agency shall promptly provide notice to the pawn or
435 secondhand business of the authorized return of the property under this Subsection (8).
436 (ii) The notice shall identify the original victim, advise the pawn or secondhand
437 business that the original victim has identified the property, and direct the pawn or secondhand
438 business to release the property to the original victim at no cost to the original victim.
439 (iii) If the property was seized, the notice shall advise that the property will be returned
440 to the original victim within 15 days after the day on which the pawn or secondhand business
441 receives the notice, except as provided under Subsection (8)(d).
442 (d) The pawn or secondhand business shall release property under Subsection (8)(c)
443 unless within 15 days of receiving the notice the pawn or secondhand business complies with
444 Section 13-32a-116.5.
445 (9) If the law enforcement agency does not notify the pawn or secondhand business
446 that a hold on the property has expired, the pawn or secondhand business shall send a letter by
447 registered or certified mail to the law enforcement agency that ordered the hold and inform the
448 agency that the holding period has expired. The law enforcement agency shall respond within
449 30 days by:
450 (a) confirming that the hold period has expired and that the pawn or secondhand
451 business may manage the property as if acquired in the ordinary course of business; or
452 (b) providing written notice to the pawn or secondhand business that a court order has
453 continued the period of time for which the item shall be held.
454 (10) The written notice under Subsection (9)(b) is considered provided when:
455 (a) personally delivered to the pawn or secondhand business with a signed receipt of
456 delivery;
457 (b) delivered to the pawn or secondhand business by registered or certified mail; or
458 (c) delivered by any other means with the mutual assent of the law enforcement agency
459 and the pawn or secondhand business.
460 (11) If the law enforcement agency does not respond within 30 days under Subsection
461 (9), the pawn or secondhand business may manage the property as if acquired in the ordinary
462 course of business.
463 (12) A violation of this section is a class B misdemeanor and is also subject to civil
464 penalties under Section 13-32a-110.