Representative Ryan D. Wilcox proposes the following substitute bill:


1     
PROPERTY THEFT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Karen Mayne

6     

7     LONG TITLE
8     General Description:
9          This bill concerns the purchase and theft of certain types of property.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     adds certain catalytic converter purchasers to the Pawnshop and Secondhand
14     Merchandise Transaction Information Act;
15          ▸     requires certain catalytic converter purchasers to document and input information
16     into the central database for pawnshops and secondhand businesses;
17          ▸     sets penalties for a catalytic converter purchaser's failure to document and input
18     required information into the central database;
19          ▸     requires certain catalytic converter purchasers to meet specific requirements in the
20     Pawnshop and Secondhand Merchandise Transaction Information Act, including:
21               •     holding period requirements;
22               •     an annual fee;
23               •     annual training requirements; and
24               •     certain penalties;
25          ▸     provides certain reporting requirements regarding catalytic converter theft for the

26     multi-agency joint strike force;
27          ▸     limits the type of payment for certain purchases of a catalytic converter;
28          ▸     modifies the membership of the Pawnshop and Secondhand Merchandise Advisory
29     Board;
30          ▸     modifies the presumptions for stolen property in certain situations;
31          ▸     provides penalties for the theft of a catalytic converter; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          13-2-1, as last amended by Laws of Utah 2021, Chapter 266
40          13-32a-101, as last amended by Laws of Utah 2007, Chapter 352
41          13-32a-102, as last amended by Laws of Utah 2021, Chapter 66
42          13-32a-104, as last amended by Laws of Utah 2021, Chapter 66
43          13-32a-105, as last amended by Laws of Utah 2019, Chapter 309
44          13-32a-106, as last amended by Laws of Utah 2021, Chapter 66
45          13-32a-106.5, as last amended by Laws of Utah 2019, Chapter 309
46          13-32a-108, as last amended by Laws of Utah 2019, Chapter 309
47          13-32a-109, as last amended by Laws of Utah 2021, Chapter 66
48          13-32a-109.5, as last amended by Laws of Utah 2019, Chapter 309
49          13-32a-110, as last amended by Laws of Utah 2021, Chapter 66
50          13-32a-110.5, as last amended by Laws of Utah 2019, Chapter 309
51          13-32a-111, as last amended by Laws of Utah 2020, Chapter 354
52          13-32a-112, as last amended by Laws of Utah 2020, Chapter 354
53          13-32a-112.1, as enacted by Laws of Utah 2019, Chapter 309
54          13-32a-112.5, as last amended by Laws of Utah 2019, Chapter 309
55          13-32a-113, as last amended by Laws of Utah 2019, Chapter 309
56          13-32a-114, as last amended by Laws of Utah 2019, Chapter 309

57          13-32a-115, as last amended by Laws of Utah 2019, Chapter 309
58          13-32a-116, as last amended by Laws of Utah 2019, Chapter 309
59          13-32a-116.5, as last amended by Laws of Utah 2019, Chapter 309
60          63G-2-305, as last amended by Laws of Utah 2021, Chapters 148, 179, 231, 353, 373,
61     and 382
62          67-5-37, as enacted by Laws of Utah 2020, Chapter 229
63          76-6-408, as last amended by Laws of Utah 2019, Chapter 309
64          76-6-412, as last amended by Laws of Utah 2021, Chapter 57
65          76-6-1406, as renumbered and amended by Laws of Utah 2013, Chapter 187
66          78B-3-108, as last amended by Laws of Utah 2012, Chapter 257
67     ENACTS:
68          13-32a-104.7, Utah Code Annotated 1953
69          13-32a-118, Utah Code Annotated 1953
70     

71     Be it enacted by the Legislature of the state of Utah:
72          Section 1. Section 13-2-1 is amended to read:
73          13-2-1. Consumer protection division established -- Functions.
74          (1) There is established within the Department of Commerce the Division of Consumer
75     Protection.
76          (2) The division shall administer and enforce the following:
77          (a) Chapter 5, Unfair Practices Act;
78          (b) Chapter 10a, Music Licensing Practices Act;
79          (c) Chapter 11, Utah Consumer Sales Practices Act;
80          (d) Chapter 15, Business Opportunity Disclosure Act;
81          (e) Chapter 20, New Motor Vehicle Warranties Act;
82          (f) Chapter 21, Credit Services Organizations Act;
83          (g) Chapter 22, Charitable Solicitations Act;
84          (h) Chapter 23, Health Spa Services Protection Act;
85          (i) Chapter 25a, Telephone and Facsimile Solicitation Act;
86          (j) Chapter 26, Telephone Fraud Prevention Act;
87          (k) Chapter 28, Prize Notices Regulation Act;

88          (l) Chapter 32a, Pawnshop [and], Secondhand Merchandise, and Catalytic Converter
89     Transaction Information Act;
90          (m) Chapter 34, Utah Postsecondary Proprietary School Act;
91          (n) Chapter 34a, Utah Postsecondary School State Authorization Act;
92          (o) Chapter 41, Price Controls During Emergencies Act;
93          (p) Chapter 42, Uniform Debt-Management Services Act;
94          (q) Chapter 49, Immigration Consultants Registration Act;
95          (r) Chapter 51, Transportation Network Company Registration Act;
96          (s) Chapter 52, Residential Solar Energy Disclosure Act;
97          (t) Chapter 53, Residential, Vocational and Life Skills Program Act;
98          (u) Chapter 54, Ticket Website Sales Act;
99          (v) Chapter 56, Ticket Transferability Act; and
100          (w) Chapter 57, Maintenance Funding Practices Act.
101          Section 2. Section 13-32a-101 is amended to read:
102     
CHAPTER 32a. PAWNSHOP, SECONDHAND MERCHANDISE, AND

103     
CATALYTIC CONVERTER TRANSACTION INFORMATION ACT

104          13-32a-101. Title.
105          This chapter is known as the "Pawnshop [and], Secondhand Merchandise, and Catalytic
106     Converter Transaction Information Act."
107          Section 3. Section 13-32a-102 is amended to read:
108          13-32a-102. Definitions.
109          As used in this chapter:
110          (1) "Account" means the Pawnbroker [and], Secondhand Merchandise, and Catalytic
111     Converter Operations Restricted Account created in Section 13-32a-113.
112          (2) "Antique item" means an item:
113          (a) that is generally older than 25 years;
114          (b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
115          (c) that is furniture or other decorative objects produced in a previous time period, as
116     distinguished from new items of a similar nature; and
117          (d) obtained from auctions, estate sales, other antique shops, and individuals.
118          (3) "Antique shop" means a business operating at an established location that deals

119     primarily in the purchase, exchange, or sale of antique items.
120          (4) "Automated recycling kiosk" means an interactive machine that:
121          (a) is installed inside a commercial site used for the selling of goods and services to
122     consumers;
123          (b) is monitored remotely by a live representative during the hours of operation;
124          (c) only engages in secondhand merchandise transactions involving wireless
125     communication devices; and
126          (d) has the following technological functions:
127          (i) verifies the seller's identity by a live representative using the individual's
128     identification;
129          (ii) generates a ticket; and
130          (iii) electronically transmits the secondhand merchandise transaction information to the
131     central database.
132          (5) "Automated recycling kiosk operator" means a person whose sole business activity
133     is the operation of one or more automated recycling kiosks.
134          (6) "Board" means the Pawnshop [and], Secondhand Merchandise, and Catalytic
135     Converter Advisory Board created by this chapter.
136          (7) "Catalytic converter" means the same as that term is defined in Section 76-6-1402.
137          (8) (a) "Catalytic converter purchase" means a purchase from an individual of a used
138     catalytic converter that is no longer affixed to a vehicle.
139          (b) "Catalytic converter purchase" does not mean a purchase of a catalytic converter:
140          (i) from a business regularly engaged in automobile repair, crushing, dismantling,
141     recycling, or salvage;
142          (ii) from a new or used vehicle dealer licensed under Title 41, Chapter 3, Motor
143     Vehicle Business Regulation Act;
144          (iii) from another catalytic converter purchaser; or
145          (iv) that has never been affixed to a vehicle.
146          (9) "Catalytic converter purchaser" means a person who purchases a used catalytic
147     converter in a catalytic converter purchase.
148          [(7)] (10) "Central database" or "database" means the electronic database created and
149     operated under Section 13-32a-105.

150          [(8)] (11) "Children's product" means a used item that is for the exclusive use of
151     children, or for the care of children, including clothing and toys.
152          [(9)] (12) "Children's product resale business" means a business operating at a
153     commercial location and primarily selling children's products.
154          [(10)] (13) "Coin" means a piece of currency, usually metallic and usually in the shape
155     of a disc that is:
156          (a) stamped metal, and issued by a government as monetary currency; or
157          (b) (i) worth more than its current value as currency; and
158          (ii) worth more than its metal content value.
159          [(11)] (14) "Coin dealer" means a person whose sole business activity is the selling and
160     purchasing of numismatic items and precious metals.
161          [(12)] (15) "Collectible paper money" means paper currency that is no longer in
162     circulation and is sold and purchased for the paper currency's collectible value.
163          [(13)] (16) (a) "Commercial grade precious metals" or "precious metals" means ingots,
164     monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the
165     refiner or fabricator indicating their fineness and include:
166          (i) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals;
167     or
168          (ii) .925 fine sterling silver ingots, art bars, and medallions.
169          (b) "Commercial grade precious metals" or "precious metals" does not include jewelry.
170          [(14)] (17) "Consignment shop" means a business, operating at an established location:
171          (a) that deals primarily in the offering for sale property owned by a third party; and
172          (b) where the owner of the property only receives consideration upon the sale of the
173     property by the business.
174          [(15)] (18) "Division" means the Division of Consumer Protection created in Chapter
175     1, Department of Commerce.
176          [(16)] (19) "Exonumia" means a privately issued token for trade that is sold and
177     purchased for the token's collectible value.
178          [(17)] (20) "Gift card" means a record that:
179          (a) is usable at:
180          (i) a single merchant; or

181          (ii) a specified group of merchants;
182          (b) is prefunded before the record is used; and
183          (c) can be used for the purchase of goods or services.
184          [(18)] (21) "Identification" means any of the following non-expired forms of
185     identification issued by a state government, the United States government, or a federally
186     recognized Indian tribe, if the identification includes a unique number, photograph of the
187     bearer, and date of birth:
188          (a) a United States Passport or United States Passport Card;
189          (b) a state-issued driver license;
190          (c) a state-issued identification card;
191          (d) a state-issued concealed carry permit;
192          (e) a United States military identification;
193          (f) a United States resident alien card;
194          (g) an identification of a federally recognized Indian tribe; or
195          (h) notwithstanding Section 53-3-207, a Utah driving privilege card.
196          [(19)] (22) "IMEI number" means an International Mobile Equipment Identity number.
197          [(20)] (23) "Indicia of being new" means property that:
198          (a) is represented by the individual pawning or selling the property as new;
199          (b) is unopened in the original packaging; or
200          (c) possesses other distinguishing characteristics that indicate the property is new.
201          [(21)] (24) "Local law enforcement agency" means the law enforcement agency that
202     has direct responsibility for ensuring compliance with central database reporting requirements
203     for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is
204     located.
205          [(22)] (25) "Numismatic item" means a coin, collectible paper money, or exonumia.
206          [(23)] (26) "Original victim" means a victim who is not a party to the pawn or sale
207     transaction or catalytic converter purchase and includes:
208          (a) an authorized representative designated in writing by the original victim; and
209          (b) an insurer who has indemnified the original victim for the loss of the described
210     property.
211          [(24)] (27) "Pawn or secondhand business" means a business operated by a pawnbroker

212     or secondhand merchandise dealer, or the owner or operator of the business.
213          [(25)] (28) "Pawn transaction" means:
214          (a) an extension of credit in which an individual delivers property to a pawnbroker for
215     an advance of money and retains the right to redeem the property for the redemption price
216     within a fixed period of time;
217          (b) a loan of money on one or more deposits of personal property;
218          (c) the purchase, exchange, or possession of personal property on condition of selling
219     the same property back again to the pledgor or depositor; or
220          (d) a loan or advance of money on personal property by the pawnbroker taking chattel
221     mortgage security on the personal property, taking or receiving the personal property into the
222     pawnbroker's possession, and selling the unredeemed pledges.
223          [(26)] (29) "Pawnbroker" means a person whose business:
224          (a) engages in a pawn transaction; or
225          (b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of
226     whether the person or business enters into pawn transactions or secondhand merchandise
227     transactions.
228          [(27)] (30) "Pawnshop" means the physical location or premises where a pawnbroker
229     conducts business.
230          [(28)] (31) "Pledgor" means an individual who conducts a pawn transaction with a
231     pawnshop.
232          [(29)] (32) "Property" means an article of tangible personal property, numismatic item,
233     precious metal, gift card, transaction card, or other physical or digital card or certificate
234     evidencing store credit, and includes a wireless communication device.
235          [(30)] (33) "Retail media item" means recorded music, a movie, or a video game that is
236     produced and distributed in hard copy format for retail sale.
237          [(31)] (34) "Scrap jewelry" means an item purchased solely:
238          (a) for its gold, silver, or platinum content; and
239          (b) for the purpose of reuse of the metal content.
240          [(32)] (35) (a) "Secondhand merchandise dealer" means a person whose business:
241          (i) engages in a secondhand merchandise transaction; and
242          (ii) does not engage in a pawn transaction.

243          (b) "Secondhand merchandise dealer" includes a coin dealer and an automated
244     recycling kiosk operator.
245          (c) "Secondhand merchandise dealer" does not include:
246          (i) an antique shop when dealing in antique items;
247          (ii) a person who operates an auction house, flea market, or vehicle, vessel, and
248     outboard motor dealers as defined in Section 41-1a-102;
249          (iii) the sale of secondhand goods at events commonly known as "garage sales," "yard
250     sales," "estate sales," "storage unit sales," or "storage unit auctions";
251          (iv) the sale or receipt of secondhand books, magazines, post cards, or nonelectronic:
252          (A) card games;
253          (B) table-top games; or
254          (C) magic tricks;
255          (v) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
256     or charitable organizations or any school-sponsored association, and for which no
257     compensation is paid;
258          (vi) the sale or receipt of secondhand clothing, shoes, furniture, or appliances;
259          (vii) a person offering the person's own personal property for sale, purchase,
260     consignment, or trade via the Internet;
261          (viii) a person offering the personal property of others for sale, purchase, consignment,
262     or trade via the Internet, when that person does not have, and is not required to have, a local
263     business or occupational license or other authorization for this activity;
264          (ix) an owner or operator of a retail business that:
265          (A) receives used merchandise as a trade-in for similar new merchandise ; or
266           (B) receives used retail media items as a trade-in for similar new or used retail media
267     items;
268          (x) an owner or operator of a business that contracts with other persons to offer those
269     persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;
270          (xi) any dealer as defined in Section 76-6-1402, that concerns scrap metal and
271     secondary metals;
272          (xii) the purchase of items in bulk that are:
273          (A) sold at wholesale in bulk packaging;

274          (B) sold by a person licensed to conduct business in Utah; and
275          (C) regularly sold in bulk quantities as a recognized form of sale;
276          (xiii) the owner or operator of a children's product resale business; [or]
277          (xiv) a consignment shop when dealing in consigned property[.]; or
278          (xv) a catalytic converter purchaser.
279          [(33)] (36) "Secondhand merchandise transaction" means the purchase or exchange of
280     used or secondhand property.
281          [(34)] (37) "Ticket" means a document upon which information is entered when a
282     pawn transaction or secondhand merchandise transaction is made.
283          [(35)] (38) "Transaction card" means a card, code, or other means of access to a value
284     with the retail business issued to a person that allows the person to obtain, purchase, or receive
285     any of the following:
286          (a) goods;
287          (b) services;
288          (c) money; or
289          (d) anything else of value.
290          [(36)] (39) "Wireless communication device" means a cellular telephone or a portable
291     electronic device designed to receive and transmit a text message, email, video, or voice
292     communication.
293          Section 4. Section 13-32a-104 is amended to read:
294          13-32a-104. Tickets required to be maintained -- Contents -- Identification of
295     items -- Exceptions -- Prohibition against pawning or selling certain property.
296          (1) A pawn or secondhand business shall keep a ticket for property a person pawns or
297     sells to the pawn or secondhand business. A pawn or secondhand business shall document on
298     the ticket the following information regarding the property:
299          (a) the date and time of the transaction;
300          (b) whether the transaction is a pawn or purchase;
301          (c) the ticket number;
302          (d) the date by which the property must be redeemed, if the property is pawned;
303          (e) the following information regarding the individual who pawns or sells the property:
304          (i) the individual's full name and date of birth as they appear on the individual's

305     identification and the individual's residence address and telephone number;
306          (ii) the unique number and type of identification presented to the pawn or secondhand
307     business;
308          (iii) the individual's signature; and
309          (iv) (A) subject to any rule made under Subsection [(7)] (8), an electronic or tangible
310     legible fingerprint of the individual's right index finger, or if the right index finger cannot be
311     fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint
312     and the reason why the right index fingerprint was unavailable; and
313          (B) notwithstanding the other provisions of this Subsection (1), an electronic legible
314     fingerprint is not required to be documented on the ticket;
315          (f) the amount loaned on, paid for, or value for trade-in of each article of property;
316          (g) the full name of the individual conducting the pawn transaction or secondhand
317     merchandise transaction on behalf of the pawn or secondhand business or the initials or a
318     unique identifying number of the individual, if the pawn or secondhand business maintains a
319     record of the initials or unique identifying number of the individual; and
320          (h) an accurate description of each article of property, with available identifying marks,
321     including:
322          (i) (A) names, brand names, numbers, serial numbers, model numbers, IMEI numbers,
323     color, manufacturers' names, and size;
324          (B) metallic composition, and any jewels, stones, or glass;
325          (C) any other marks of identification or indicia of ownership on the property;
326          (D) the weight of the property, if the payment is based on weight;
327          (E) any other unique identifying feature; and
328          (F) gold content, if indicated; or
329          (ii) if multiple articles of property of a similar nature are delivered together in one
330     transaction and the articles of property do not bear serial or model numbers and do not include
331     precious metals or gemstones, such as musical or video recordings, books, or hand tools, the
332     description of the articles is adequate if it includes the quantity of the articles and a description
333     of the type of articles delivered.
334          (2) (a) A pawn or secondhand business may not accept property if, upon inspection, it
335     is apparent that:

336          (i) a serial number or another form of indicia of ownership has been removed, altered,
337     defaced, or obliterated;
338          (ii) the property is not a numismatic item and has indicia of being new, but is not
339     accompanied by a written receipt or other satisfactory proof of ownership other than the seller's
340     own statement; or
341          (iii) except as provided in Subsection 13-32a-103.1(3), the property is a gift card,
342     transaction card, or other physical or digital card or certificate evidencing store credit.
343          (b) A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or
344     secondhand business is the original seller of the property and is accepting a return of the
345     property as provided by the pawn or secondhand business' established return policy.
346          (c) Property is presumed to have had indicia of being new at the time of a transaction if
347     the property is subsequently advertised by the pawn or secondhand business as being new.
348          (3) (a) An individual may not pawn or sell any property to a business regulated under
349     this chapter if the property is subject to being turned over to a law enforcement agency in
350     accordance with Title 77, Chapter 24a, Lost or Mislaid Personal Property.
351          (b) If an individual attempts to sell or pawn property to a business regulated under this
352     chapter and the employee or owner of the business knows or has reason to know that the
353     property is subject to Title 77, Chapter 24a, Lost or Mislaid Personal Property, the employee or
354     owner shall advise the individual of the requirements of Title 77, Chapter 24a, Lost or Mislaid
355     Personal Property, and may not receive the property in pawn or sale.
356          (4) A coin dealer is subject to Section 13-32a-104.5 and not subject to this section.
357          (5) An automated recyling kiosk operator is subject to Section 13-32a-104.6 and is not
358     subject to this section.
359          (6) A catalytic converter purchaser is subject to Section 13-32a-104.7 and is not subject
360     to this section.
361          [(6)] (7) A violation of this section is a class B misdemeanor and is also subject to civil
362     penalties under Section 13-32a-110.
363          [(7)] (8) The division shall establish standards and criteria for fingerprint legibility by
364     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
365          [(8)] (9) (a) As used in this Subsection [(8)] (9), "jewelry" means:
366          (i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry

367     and watches; or
368          (ii) any jewelry pawned to a pawnbroker and the contract period between the
369     pawnbroker and the pledgor has expired, including scrap jewelry and watches.
370          (b) On and after January 1, 2020, a pawn or secondhand business shall obtain:
371          (i) a color digital photograph clearly and accurately depicting:
372          (A) each item of jewelry; and
373          (B) if an item of jewelry has one or more engravings, an additional color digital
374     photograph specifically depicting any engraving; and
375          (ii) a color digital photograph of an item that bears an identifying mark, including:
376          (A) a serial number, engraving, owner label, or similar identifying mark; and
377          (B) an additional photograph that clearly depicts the identifying mark described in
378     Subsection [(8)] (9)(b)(ii)(A).
379          Section 5. Section 13-32a-104.7 is enacted to read:
380          13-32a-104.7. Database information from catalytic converter purchasers --
381     Penalties.
382          (1) As soon as practicable, but no later than January 1, 2023, a catalytic converter
383     purchaser shall document information for each catalytic converter purchase as required under
384     this section and upload the information to the central database under Section 13-32a-106.
385          (2) A catalytic converter purchaser shall document the following information regarding
386     a catalytic converter purchase:
387          (a) the date and time of the catalytic converter purchase;
388          (b) the following information regarding the individual selling the catalytic converter:
389          (i) the individual's:
390          (A) full name and date of birth as they appear on the individual's identification;
391          (B) residence address;
392          (C) telephone number; and
393          (D) signature on a certificate stating that the individual has the legal right to sell the
394     catalytic converter;
395          (ii) the type of identification the individual presents under Subsection (2)(b)(i)(A) and
396     the unique number on the identification;
397          (iii) a color digital photograph or still video of the individual taken at the time of the

398     sale, or a clearly legible photocopy of the individual's identification; and
399          (iv) except as provided in Subsection (3), an electronic or tangible legible fingerprint of
400     the individual's right index finger, or if the right index finger cannot be fingerprinted, a legible
401     fingerprint of the individual with a notation identifying the finger fingerprinted and the reason
402     why the right index fingerprint is unavailable;
403          (c) the amount paid for the catalytic converter;
404          (d) the full name of the individual conducting the purchase on behalf of the catalytic
405     converter purchaser or the initials or unique identifying employee number, if the catalytic
406     converter purchaser maintains a record of the initials or unique identifying employee number of
407     the individual;
408          (e) an accurate description of the catalytic converter, with available identifying marks,
409     including:
410          (i) if available, the name, brand name, number, serial number, model number,
411     manufacturer information, and size of the catalytic converter;
412          (ii) any marks of identification or indicia of ownership on the catalytic converter;
413          (iii) the weight of the catalytic converter, if the payment is based on weight; and
414          (iv) other unique identifying characteristics of the catalytic converter; and
415          (f) a color, digital photograph of the catalytic converter.
416          (3) If the individual selling a catalytic converter to the catalytic converter purchaser
417     previously has sold one or more catalytic converters to the catalytic converter purchaser, the
418     catalytic converter purchaser is not required to obtain the fingerprint under Subsection
419     (2)(b)(iv).
420          (4) A catalytic converter purchaser may not accept a catalytic converter if, upon
421     inspection, it is apparent that the serial number or identifying characteristics have been
422     intentionally defaced on the catalytic converter.
423          (5) The division shall establish standards and criteria for fingerprint legibility under
424     Subsection (2)(b)(iv) by rule made in accordance with Title 63G, Chapter 3, Utah
425     Administrative Rulemaking Act.
426          (6) A violation of this section is a class B misdemeanor and is also subject to civil
427     penalties under Section 13-32a-110.
428          (7) A dealer, as defined in Section 76-6-1402, that purchases a catalytic converter

429     under this section shall comply with Title 76, Chapter 6, Part 14, Regulation of Metal Dealers.
430          Section 6. Section 13-32a-105 is amended to read:
431          13-32a-105. Central database -- Implementation -- Notification.
432          (1) In accordance with this section, there is created [under this section] a central
433     database as a statewide repository for:
434          (a) information that a pawn or secondhand [businesses are] business or a catalytic
435     converter purchaser is required to submit in accordance with this chapter; and [for]
436          (b) the use of a participating law enforcement [agencies that meet] agency that meets
437     the requirements of Section 13-32a-111.
438          (2) The division shall:
439          (a) establish and operate the central database; or
440          (b) contract with a third party to establish and operate the central database in
441     accordance with Title 63G, Chapter 6a, Utah Procurement Code.
442          (3) Funding for the creation and operation of the central database shall be from the
443     account.
444          (4) (a) An entity that operates the central database may not hold any financial or
445     operating interest in a pawn or secondhand business or catalytic converter purchaser in any
446     state.
447          (b) The division shall verify before a bid is awarded that the selected entity meets the
448     requirements of Subsection (4)(a).
449          (c) If any entity is awarded a bid under this Subsection (4) and is later found to hold
450     any interest in violation of Subsection (4)(a), the award is subject to being opened again for
451     request for proposal.
452          (5) (a) Beginning January 1, 2020, upon a query by a pawnbroker, the central database
453     shall provide notification of the volume of business an individual seeking to enter into a
454     transaction with the pawnbroker has engaged in with any pawnbroker regulated by this chapter
455     within the previous 30 days based on the records in the central database at the time of the
456     query.
457          (b) Information entered in the central database shall be retained for five years and shall
458     then be deleted.
459          (6) Upon request, the entity responsible for establishing and operating the central

460     database under Subsection (2) shall provide technical information and advice for an
461     information technology representative of a pawn or secondhand business or catalytic converter
462     purchaser that is required to provide information to the central database.
463          Section 7. Section 13-32a-106 is amended to read:
464          13-32a-106. Transaction information provided to the central database --
465     Protected information.
466          (1) (a) Except as provided in Subsection 13-32a-104.6(4), a pawn or secondhand
467     business or catalytic converter purchaser shall transmit electronically in a compatible format
468     information required to be recorded under Sections [13-32a-103,] 13-32a-104, 13-32a-104.5,
469     [and] 13-32a-104.6, and 13-32a-104.7 that is capable of being transmitted electronically to the
470     central database within 24 hours after entering into the transaction.
471          (b) The division may specify by rule, made in accordance with Title 63G, Chapter 3,
472     Utah Administrative Rulemaking Act, the information capable of being transmitted
473     electronically under Subsection (1)(a).
474          (2) (a) A pawn or secondhand business shall maintain tickets generated by the pawn or
475     secondhand business and shall maintain the tickets in a manner so that the tickets are available
476     to local law enforcement agencies as required by this chapter and as requested by any law
477     enforcement agency as part of an investigation or reasonable random inspection conducted
478     [pursuant to] under this chapter.
479          (b) (i) A catalytic converter purchaser is not required to generate or maintain a ticket
480     for a catalytic converter purchase.
481          (ii) A catalytic converter purchaser shall make the information documented under
482     Section 13-32a-104.7 available to a local law enforcement agency in accordance with this
483     chapter and upon request by a law enforcement agency as part of an investigation or reasonable
484     random inspection conducted under this chapter.
485          (3) (a) If a pawn or secondhand business or catalytic converter purchaser experiences a
486     computer or electronic malfunction that affects [its] the business's or purchaser's ability to
487     report transactions as required in Subsection (1), the pawn or secondhand business or catalytic
488     converter purchaser shall immediately notify the division and the local law enforcement agency
489     of the malfunction.
490          (b) The pawn or secondhand business or catalytic converter purchaser shall solve the

491     malfunction within three business days after the day on which the business or purchaser
492     experiences the malfunction or notify the division and the local law enforcement agency under
493     Subsection (4).
494          (4) If the computer or electronic malfunction under Subsection (3) cannot be solved
495     within three business days after the day on which the pawn or secondhand business or catalytic
496     converter purchaser experiences the malfunction, the pawn or secondhand business or catalytic
497     converter purchaser shall notify the division and the local law enforcement agency of the
498     reasons for the delay and provide documentation from a reputable computer maintenance
499     company of the reasons why the computer or electronic malfunction cannot be solved within
500     three business days.
501          (5) A computer or electronic malfunction does not suspend the[ pawn or secondhand
502     business'] obligation of the pawn or secondhand business or catalytic converter purchaser to
503     comply with all other provisions of this chapter.
504          (6) During the malfunction under Subsections (3) and (4), the pawn or secondhand
505     business or catalytic converter purchaser shall:
506          (a) arrange with the local law enforcement agency a mutually acceptable alternative
507     method by which the pawn or secondhand business or catalytic converter purchaser provides
508     the required information to the local law enforcement agency; and
509          (b) a pawn or secondhand business or catalytic converter purchaser shall maintain the
510     tickets, if applicable, and other related information required under this chapter in a written
511     form.
512          (7) A pawn or secondhand business or catalytic converter purchaser that violates the
513     electronic transaction reporting requirement [of] under this section is subject to an
514     administrative fine of $50 per day if:
515          (a) the pawn or secondhand business or catalytic converter purchaser is unable to
516     submit the information electronically due to a computer or electronic malfunction;
517          (b) the three business day period under Subsection (3) has expired; and
518          (c) the pawn or secondhand business or catalytic converter purchaser has not provided
519     documentation regarding [its] the pawn or secondhand business's or catalytic converter
520     purchaser's inability to solve the malfunction as required under Subsection (4).
521          (8) A pawn or secondhand business or catalytic converter purchaser is not responsible

522     for a delay in transmission of information that results from a malfunction in the central
523     database.
524          (9) A violation of this section is a Class B misdemeanor and is also subject to civil
525     penalties under Section 13-32a-110.
526          Section 8. Section 13-32a-106.5 is amended to read:
527          13-32a-106.5. Confidentiality of pawn and purchase transactions.
528          (1) A ticket, copy of a ticket, [or] information from a ticket, or information required
529     under Section 13-32a-104.7 delivered to a local law enforcement agency or transmitted to the
530     central database [pursuant to] under Section 13-32a-106 is a protected record under Section
531     63G-2-305.
532          (2) In addition to use by the issuing pawn or secondhand business or catalytic converter
533     purchaser, the ticket, copy of a ticket, [or] information from a ticket, or information required
534     under Section 13-32a-104.7 may be used only by a law enforcement agency and the division
535     and only for the law enforcement and administrative enforcement purposes of:
536          (a) investigating possible criminal conduct involving the property delivered:
537          (i) to the pawn or secondhand business in a pawn transaction or secondhand
538     merchandise transaction; or
539          (ii) to a catalytic converter purchaser in a catalytic converter purchase;
540          (b) investigating a possible violation of the record keeping or reporting requirements of
541     this chapter when the local law enforcement agency or the division, based on a review of the
542     records and information received, has reason to believe that a violation has occurred;
543          (c) responding to an inquiry from an insurance company investigating a claim for
544     physical loss of described property by searching the central database to determine if property
545     matching the description has been delivered to a pawn or secondhand business or catalytic
546     converter purchaser by another person in a pawn transaction [or], secondhand merchandise
547     purchase transaction, or catalytic converter purchase and if so, obtaining from the central
548     database:
549          (i) a description of the property;
550          (ii) the name and address of the pawn or secondhand business or catalytic converter
551     purchaser that received the property; and
552          (iii) the name, address, and date of birth of the conveying individual; and

553          (d) taking enforcement action under Section 13-2-5 against a pawn or secondhand
554     business or catalytic converter purchaser.
555          [(2)] (3) An insurance company making a request under Subsection [(1)] (2)(c) shall
556     provide the police report case number concerning the described property.
557          [(3)] (4) (a) A person may not knowingly and intentionally use, release, publish, or
558     otherwise make available to any person any information obtained from the central database for
559     any purpose other than those specified in Subsection [(1)] (2).
560          (b) Each separate violation of Subsection [(3)] (4)(a) is a class B misdemeanor.
561          (c) Each separate violation of Subsection [(3)] (4)(a) is subject to a civil penalty not to
562     exceed $250.
563          Section 9. Section 13-32a-108 is amended to read:
564          13-32a-108. Retention of records -- Reasonable inspection.
565          (1) A pawn or secondhand business or local law enforcement agency, whichever has
566     custody of a ticket or copy of a ticket, shall retain the ticket or copy for no less than three years
567     [from] after the date of the transaction.
568          (2) (a) A law enforcement agency or the division may conduct random reasonable
569     inspections of pawn or secondhand businesses or catalytic converter purchasers for the purpose
570     of monitoring compliance with the requirements of this chapter.
571          (b) [Inspections] A law enforcement agency or the division shall conduct an inspection
572     under Subsection (2)(a) [shall be performed] during the regular business hours of the pawn or
573     secondhand business or catalytic converter purchaser.
574          (3) A violation of this section is a Class B misdemeanor and is also subject to civil
575     penalties under Section 13-32a-110.
576          Section 10. Section 13-32a-109 is amended to read:
577          13-32a-109. Holding period for property -- Return of property -- Penalty.
578          (1) (a) A pawnbroker may sell property pawned to the pawnbroker if:
579          (i) 15 calendar days have passed after the day on which the pawnbroker submits the
580     information and any required photograph to the central database;
581          (ii) the contract period between the pawnbroker and the pledgor expires; and
582          (iii) the pawnbroker has complied with Sections [13-32a-103,] 13-32a-104, and
583     13-32a-106.

584          (b) If property, including scrap jewelry, is purchased by a pawn or secondhand business
585     or catalytic converter purchaser, the pawn or secondhand business or catalytic converter
586     purchaser may sell the property if the pawn or secondhand business or catalytic converter
587     purchaser has held the property for 15 calendar days after the day on which the pawn or
588     secondhand business or catalytic converter purchaser submits the information to the central
589     database, and complied with Sections [13-32a-103,] 13-32a-104, 13-32a-104.6, 13-32a-104.7,
590     and 13-32a-106, except that the pawn or secondhand business is not required to hold precious
591     metals or numismatic items under this Subsection (1)(b).
592          (c) (i) This Subsection (1) does not preclude a law enforcement agency from requiring
593     a pawn or secondhand business or catalytic converter purchaser to hold property if necessary in
594     the course of an investigation.
595          (ii) If the property is pawned, the law enforcement agency may require the property be
596     held beyond the terms of the contract between the pledgor and the pawnbroker.
597          (iii) If the property is sold to the pawn or secondhand business or catalytic converter
598     purchaser, the law enforcement agency may require the property be held if the pawn or
599     secondhand business or catalytic converter purchaser has not sold the article.
600          (d) If the law enforcement agency requesting a hold on property under this Subsection
601     (1) is not the local law enforcement agency, the requesting law enforcement agency shall notify
602     the local law enforcement agency of the request and also the pawn or secondhand business or
603     catalytic converter purchaser.
604          (2) If a law enforcement agency requires the pawn or secondhand business or catalytic
605     converter purchaser to hold property as part of an investigation, the law enforcement agency
606     shall provide to the pawn or secondhand business or catalytic converter purchaser a hold form
607     issued by the law enforcement agency, that:
608          (a) states the active case number;
609          (b) confirms the date of the hold request and the property to be held; and
610          (c) facilitates the ability of the pawn or secondhand business or catalytic converter
611     purchaser to track the property when the prosecution takes over the case.
612          (3) If property is not seized by a law enforcement agency that has placed a hold on the
613     property, the property shall remain in the custody of the pawn or secondhand business or
614     catalytic converter purchaser until further disposition by the law enforcement agency, and [as

615     consistent] in accordance with this chapter.
616          (4) (a) The initial hold by a law enforcement agency is for a period of 90 days.
617          (b) If the property is not seized by the law enforcement agency, the property shall
618     remain in the custody of the pawn or secondhand business or catalytic converter purchaser and
619     is subject to the hold unless exigent circumstances require the property to be seized by the law
620     enforcement agency.
621          (5) (a) A law enforcement agency may extend any hold for up to an additional 90 days
622     if circumstances require the extension.
623          (b) If there is an extension of a hold under Subsection (5)(a), the requesting law
624     enforcement agency shall notify the pawn or secondhand business or catalytic converter
625     purchaser that is subject to the hold [prior to] before the expiration of the initial 90 days.
626          (c) A law enforcement agency may not hold an item for more than the 180 days
627     allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
628          (6) A hold on property under Subsection (2) takes precedence over any request to claim
629     or purchase the property subject to the hold.
630          (7) If an original victim who has complied with Section 13-32a-115 has not been
631     identified and the hold or seizure of the property is terminated, the law enforcement agency
632     requiring the hold or seizure shall within 15 business days after the day on which the
633     termination occurs:
634          (a) notify the pawn or secondhand business or catalytic converter purchaser in writing
635     that the hold or seizure has been terminated;
636          (b) return the property subject to the seizure to the pawn or secondhand business or
637     catalytic converter purchaser; or
638          (c) if the property is not returned to the pawn or secondhand business or catalytic
639     converter purchaser, advise the pawn or secondhand business or catalytic converter purchaser
640     either in writing or electronically of the specific alternative disposition of the property.
641          (8) (a) If the original victim who has complied with Section 13-32a-115 has been
642     identified and the hold or seizure of property is terminated, the law enforcement agency
643     requiring the hold or seizure shall:
644          (i) document the original victim who has positively identified the property; and
645          (ii) provide the documented information concerning the original victim to the

646     prosecuting agency to determine whether continued possession of the property is necessary for
647     purposes of prosecution, as provided in Section 24-3-103.
648          (b) If the prosecuting agency determines that continued possession of the property is
649     not necessary for purposes of prosecution, as provided in Section 24-3-103, the prosecuting
650     agency shall provide a written or electronic notification to the law enforcement agency that
651     authorizes the return of the property to an original victim who has complied with Section
652     13-32a-115.
653          (c) (i) A law enforcement agency shall promptly provide notice to the pawn or
654     secondhand business or catalytic converter purchaser of the authorized return of the property
655     under this Subsection (8).
656          (ii) The notice shall identify the original victim, advise the pawn or secondhand
657     business or catalytic converter purchaser that the original victim has identified the property,
658     and direct the pawn or secondhand business or catalytic converter purchaser to release the
659     property to the original victim at no cost to the original victim.
660          (iii) If the property was seized, the notice shall advise that the property will be returned
661     to the original victim within 15 days after the day on which the pawn or secondhand business
662     or catalytic converter purchaser receives the notice, except as provided under Subsection (8)(d).
663          (d) The pawn or secondhand business or catalytic converter purchaser shall release
664     property under Subsection (8)(c) unless within 15 days [of receiving] after the day on which the
665     notice is received the pawn or secondhand business or catalytic converter purchaser complies
666     with Section 13-32a-116.5.
667          (9) (a) If the law enforcement agency does not notify the pawn or secondhand business
668     or catalytic converter purchaser that a hold on the property has expired, the pawn or
669     secondhand business or catalytic converter purchaser shall send a letter by registered or
670     certified mail to the law enforcement agency that ordered the hold and inform the agency that
671     the holding period has expired.
672          (b) The law enforcement agency shall respond within 30 days by:
673          [(a)] (i) confirming that the hold period has expired and that the pawn or secondhand
674     business or catalytic converter purchaser may manage the property as if acquired in the
675     ordinary course of business; or
676          [(b)] (ii) providing written notice to the pawn or secondhand business or catalytic

677     converter purchaser that a court order has continued the period of time for which the item shall
678     be held.
679          (10) The written notice under Subsection (9)(b)(ii) is considered provided when:
680          (a) personally delivered to the pawn or secondhand business or catalytic converter
681     purchaser with a signed receipt of delivery;
682          (b) delivered to the pawn or secondhand business or catalytic converter purchaser by
683     registered or certified mail; or
684          (c) delivered by any other means with the mutual assent of the law enforcement agency
685     and the pawn or secondhand business or catalytic converter purchaser.
686          (11) If the law enforcement agency does not respond within 30 days under Subsection
687     (9), the pawn or secondhand business or catalytic converter purchaser may manage the property
688     as if acquired in the ordinary course of business.
689          (12) A violation of this section is a class B misdemeanor and is also subject to civil
690     penalties under Section 13-32a-110.
691          Section 11. Section 13-32a-109.5 is amended to read:
692          13-32a-109.5. Seizure of property -- Notification to pawn or secondhand business
693     or catalytic converter purchaser.
694          If a law enforcement agency determines seizure of property pawned or sold to a pawn
695     or secondhand business or catalytic converter purchaser is necessary under this chapter during
696     the course of a criminal investigation, in addition to the hold provisions under Section
697     13-32a-109, the law enforcement agency shall:
698          (1) notify the pawn or secondhand business or catalytic converter purchaser of the
699     specific property to be seized; and
700          (2) issue to the pawn or secondhand business or catalytic converter purchaser a seizure
701     form approved by the division and that:
702          (a) provides the active case number related to the property to be seized;
703          (b) provides the date of the seizure request;
704          (c) provides the reason for the seizure;
705          (d) describes the property to be seized;
706          (e) states each reason the property is necessary during the course of a criminal
707     investigation; and

708          (f) includes any information that facilitates the [pawn or secondhand business'] ability
709     of the pawn or secondhand business or catalytic converter purchaser to track the property when
710     the prosecution agency takes over the case.
711          Section 12. Section 13-32a-110 is amended to read:
712          13-32a-110. Administrative or civil penalties -- Criminal prosecution.
713          (1) A violation of any of the following sections is subject to an administrative or civil
714     penalty of not more than $500:
715          (a) Section 13-32a-104, [ticket] tickets required to be maintained;
716          (b) Section 13-32a-104.5, [ticket by coin dealer to be maintained] database information
717     from coin dealers;
718          (c) Section 13-32a-104.6, [ticket by] database information from automated recycling
719     kiosk [operator to be maintained] operators;
720          (d) Section 13-32a-104.7, database information from catalytic converter purchasers;
721          [(d)] (e) Section 13-32a-106, transaction information provided to [law enforcement]
722     the central database;
723          [(e)] (f) Section 13-32a-108, retention of records;
724          [(f)] (g) Section 13-32a-109, holding period for [pawned or purchased] property;
725          [(g)] (h) Section 13-32a-110.5, transactions with certain individuals prohibited;
726          [(h)] (i) Section 13-32a-111, [payment of fees as required] fees to fund account; or
727          [(i)] (j) Section 13-32a-112.1, annual training [requirements for pawn or secondhand
728     business employees and officers of participating law enforcement agencies].
729          (2) This section does not prohibit civil action by a governmental entity regarding [the
730     pawn or secondhand business'] the operation or [licenses] license of a pawn or secondhand
731     business or catalytic converter purchaser.
732          (3) The imposition of civil penalties under this section does not prohibit criminal
733     prosecution by a governmental entity for criminal violations of this chapter.
734          Section 13. Section 13-32a-110.5 is amended to read:
735          13-32a-110.5. Transactions with certain individuals prohibited.
736          A pawn or secondhand business or catalytic converter purchaser may not engage in a
737     pawn transaction or secondhand merchandise transaction or catalytic converter purchase with
738     an individual who:

739          (1) is younger than 18 years [of age] old; or
740          (2) appears to be under the influence of alcohol or a controlled substance.
741          Section 14. Section 13-32a-111 is amended to read:
742          13-32a-111. Fees to fund account.
743          (1) (a) A pawn or secondhand business or catalytic converter purchaser in operation
744     shall pay an annual fee[,] of no more than $500, set in accordance with Section 63J-1-504.
745          (b) A law enforcement agency within Utah that participates in the use of the central
746     database shall pay an annual fee set in accordance with Section 63J-1-504.
747          (c) A law enforcement agency outside Utah that requests access to the central database
748     shall pay an annual fee set in accordance with Section 63J-1-504.
749          (2) A fee paid under Subsection (1) shall be paid annually to the division on or before
750     January 31.
751          (3) A fee received by the division under this section shall be deposited into the account.
752          (4) The division may only increase fees for a pawn or secondhand business or catalytic
753     converter purchaser under Section 63J-1-504.
754          Section 15. Section 13-32a-112 is amended to read:
755          13-32a-112. Pawnshop, Secondhand Merchandise, and Catalytic Converter
756     Advisory Board.
757          (1) There is created within the division the "Pawnshop [and], Secondhand
758     Merchandise, and Catalytic Converter Advisory Board."
759          (2) The board consists of seven voting members appointed by the executive director of
760     the Department of Commerce:
761          (a) one law enforcement officer whose work regularly involves pawn or secondhand
762     business or catalytic converter purchases, recommended by the Utah Chiefs of Police
763     Association;
764          (b) one law enforcement officer whose work regularly involves pawn or secondhand
765     business or catalytic converter purchases, recommended by the Utah Sheriffs Association;
766          (c) one state, county, or municipal prosecutor, recommended by a prosecutors'
767     association or council;
768          (d) one pawnbroker, recommended by the pawn industry;
769          (e) one secondhand merchandise dealer, recommended by the secondhand merchandise

770     industry;
771          (f) one coin dealer, recommended by the Utah Coin Dealers Association; and
772          [(g) one representative from the pawn or secondhand merchandise industry at large,
773     recommended by the pawn or secondhand merchandise industry.]
774          (g) one representative from the catalytic converter purchaser industry, recommended by
775     the catalytic converter purchaser industry.
776          (3) After receiving a recommendation for a member by a respective association,
777     council, or industry for the board, the executive director may:
778          (a) decline the recommendation; and
779          (b) request another recommendation from the respective association, council, or
780     industry.
781          (4) (a) A member of the board shall be appointed to a term of not more than four years,
782     and may be reappointed upon expiration of the member's term.
783          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director of the
784     Department of Commerce shall, at the time of appointments or reappointments, adjust the
785     length of terms to ensure that the terms of board members are staggered so that approximately
786     half of the board is appointed every two years.
787          (c) When a vacancy occurs in the membership for any reason, the executive director of
788     the Department of Commerce shall appoint a member for the unexpired term.
789          (d) The executive director of the Department of Commerce may remove a member and
790     replace the member in accordance with this section for the following reasons:
791          (i) the member fails or refuses to fulfill the duties of a board member, including
792     attendance at board meetings; or
793          (ii) the member, an entity owned by the member, an entity that the member is
794     employed by, or an entity that the member is representing, engages in a violation of this chapter
795     or Section 76-6-408.
796          (e) Notwithstanding Subsection (4)(d), members of the board as of May 13, 2019, are
797     removed from the board and the executive director of the Department of Commerce shall
798     appoint the board members in accordance with this section.
799          (5) (a) The board shall elect one voting member as the chair of the board by a majority
800     of the members present at the board's first meeting each year.

801          (b) The chair shall preside over the board for a period of one year.
802          (c) The board shall meet quarterly upon the call of the chair.
803          (d) A quorum of five members is required for the board to take action. An action taken
804     by majority of a quorum present at a meeting constitutes an action of the board.
805          (6) (a) The duties and powers of the board include the following:
806          (i) recommending to the division appropriate rules regarding the administration and
807     enforcement of this chapter;
808          (ii) recommending to the division changes related to the central database; and
809          (iii) advising the division on matters related to the pawn and secondhand merchandise
810     and catalytic converter purchase industries.
811          (b) This Subsection (6) does not require the board's approval to act on a rule or amend
812     this chapter.
813          (7) (a) A pawn or secondhand business or catalytic converter purchaser may file with
814     the board complaints regarding law enforcement agency practices perceived to be inconsistent
815     with this chapter.
816          (b) The board may refer the complaints to the Peace Officers Standards and Training
817     Division.
818          Section 16. Section 13-32a-112.1 is amended to read:
819          13-32a-112.1. Annual training.
820          (1) (a) The division shall provide training sessions, whether online or in-person, at least
821     once each year regarding compliance with this chapter and other applicable state laws.
822          (b) A pawn or secondhand business or catalytic converter purchaser shall ensure that
823     each individual employed by the pawn or secondhand business or catalytic converter purchaser
824     with access to the central database annually completes the training described in Subsection
825     (1)(a) in order for that individual to continue to have access to the central database.
826          (c) A law enforcement agency participating in the use of the central database shall
827     ensure that each individual employed by the law enforcement agency with access to the central
828     database annually completes the training described in Subsection (1)(a) in order for that
829     individual to continue to have access to the central database.
830          (2) The division shall monitor and keep a record of training completion.
831          Section 17. Section 13-32a-112.5 is amended to read:

832          13-32a-112.5. Temporary businesses subject to chapter.
833          A pawn or secondhand business or catalytic converter purchaser that operates on a
834     temporary basis or from a location that is not a permanent retail location:
835          (1) shall comply with this chapter; and
836          (2) is subject to enforcement of this chapter.
837          Section 18. Section 13-32a-113 is amended to read:
838          13-32a-113. Pawnbroker, Secondhand Merchandise, and Catalytic Converter
839     Operations Restricted Account.
840          (1) There is created within the General Fund a restricted account known as the
841     "Pawnbroker [and], Secondhand Merchandise, and Catalytic Converter Operations Restricted
842     Account."
843          (2) (a) The account shall be funded from fees and administrative and civil fines
844     imposed and collected under Sections 13-32a-106, 13-32a-110, and 13-32a-111. [These]
845          (b) The fees and administrative and civil fines shall be paid to the division, which shall
846     deposit them in the account.
847          [(b)] (c) The Legislature shall appropriate funds in [this] the account to the division
848     for:
849          (i) the costs of providing training required under this chapter;
850          (ii) the costs of the central database created in Section 13-32a-105; and
851          (iii) the division's costs of administering [the] this chapter.
852          Section 19. Section 13-32a-114 is amended to read:
853          13-32a-114. Preemption of local ordinances -- Exceptions.
854          (1) This chapter preempts town, city, county, and other local ordinances governing
855     pawn or secondhand businesses or catalytic converter purchasers, if the ordinances are more
856     restrictive than the provisions of this chapter or are not consistent with this chapter.
857          (2) Subsection (1) does not preclude a city, county, or other local governmental unit
858     from:
859          (a) enacting or enforcing local ordinances concerning public health, safety, or welfare,
860     if the ordinances are uniform and equal in application to pawn and secondhand businesses or
861     catalytic converter purchasers and other retail businesses or activities;
862          (b) requiring a pawn or secondhand business or catalytic converter purchaser to obtain

863     and maintain a business license and providing for revocation of the business license based on
864     multiple violations of Section 76-6-408; [and] or
865          (c) enacting zoning ordinances that restrict areas where pawn or secondhand businesses
866     or catalytic converter purchasers and other retail businesses or activities can be located.
867          Section 20. Section 13-32a-115 is amended to read:
868          13-32a-115. Criminal investigation -- Prosecution -- Property disposition.
869          (1) If the property pawned or sold to a pawn or secondhand business or catalytic
870     converter purchaser is the subject of a criminal investigation and a hold has been placed on the
871     property under Section 13-32a-109, the original victim shall do the following to establish a
872     claim:
873          (a) positively identify to law enforcement the property stolen or lost;
874          (b) if a police report has not already been filed for the original theft or loss of property,
875     file a police report, and provide for the law enforcement agency information surrounding the
876     original theft or loss of property; and
877          (c) give a sworn statement under penalty of law that:
878          (i) claims ownership of the property;
879          (ii) references the original theft or loss; and
880          (iii) identifies the perpetrator if known.
881          (2) The pawn or secondhand business or catalytic converter purchaser shall retain
882     possession of any property subject to a hold until a criminal prosecution is commenced relating
883     to the property for which the hold was placed unless:
884          (a) during the course of a criminal investigation the actual physical possession by law
885     enforcement of the property purchased or pawned is essential for the purpose of forensic testing
886     of the property, or if the property contains unique or sensitive personal identifying information;
887     or
888          (b) an agreement between the original victim and the pawn or secondhand business or
889     catalytic converter purchaser to return the property is reached.
890          (3) (a) Upon the commencement of a criminal prosecution, any property subject to a
891     hold for investigation under this chapter may be seized by the law enforcement agency that
892     requested the hold.
893          (b) Subsequent disposition of the property shall be consistent with this chapter.

894          (4) At all times during the course of a criminal investigation and subsequent
895     prosecution, the property subject to a law enforcement hold shall be kept secure by the pawn or
896     secondhand business or catalytic converter purchaser subject to the hold unless the pawned or
897     purchased property has been seized by the law enforcement agency pursuant to Section
898     13-32a-109.5.
899          Section 21. Section 13-32a-116 is amended to read:
900          13-32a-116. Property disposition -- Property subject to prosecution -- Property
901     not used as evidence.
902          When property that is pawned or sold to a pawn or secondhand business or catalytic
903     converter purchaser is the subject of a criminal proceeding, and has been seized by law
904     enforcement pursuant to this chapter, the prosecuting agency shall notify the seizing agency,
905     the original victim, and the pawn or secondhand business or catalytic converter purchaser in
906     compliance with Subsection 13-32a-109(8), if the prosecuting agency determines the article is
907     no longer needed as evidence pending resolution of the criminal case.
908          Section 22. Section 13-32a-116.5 is amended to read:
909          13-32a-116.5. Contested disposition of property - Procedure.
910          (1) If a pawn or secondhand business or catalytic converter purchaser receives notice
911     from a law enforcement agency under Section 13-32a-109 that property that is the subject of a
912     hold or seizure shall be returned to an identified original victim, the pawn or secondhand
913     business or catalytic converter purchaser may contest the determination and seek a specific
914     alternative disposition if within 15 business days after the day on which the pawn or
915     secondhand business or catalytic converter purchaser receives the notice:
916          (a) the pawn or secondhand business or catalytic converter purchaser gives notice to
917     the identified original victim, by certified mail, that the pawn or secondhand business or
918     catalytic converter purchaser contests the determination to return the property to the original
919     victim; and
920          (b) the pawn or secondhand business or catalytic converter purchaser files a petition in
921     a court having jurisdiction over the matter to determine rightful ownership of the property as
922     provided in Section 24-3-104.
923          (2) A pawn or secondhand business or catalytic converter purchaser is guilty of a class
924     B misdemeanor if the pawn or secondhand business or catalytic converter purchaser:

925          (a) holds or sells property in violation of a notification from a law enforcement agency
926     that the property is to be returned to an original victim; and
927          (b) [the pawn or secondhand business] does not comply with the requirements of this
928     section within the time periods specified.
929          Section 23. Section 13-32a-118 is enacted to read:
930          13-32a-118. Payment limitation for catalytic converter purchases.
931          (1) A catalytic converter purchaser, when making a catalytic converter purchase, may
932     not pay the seller for the catalytic converter with cash or a gift card.
933          (2) Subsection (1) does not apply to a catalytic converter purchase in which the amount
934     paid to the seller is under $100.
935          Section 24. Section 63G-2-305 is amended to read:
936          63G-2-305. Protected records.
937          The following records are protected if properly classified by a governmental entity:
938          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
939     has provided the governmental entity with the information specified in Section 63G-2-309;
940          (2) commercial information or nonindividual financial information obtained from a
941     person if:
942          (a) disclosure of the information could reasonably be expected to result in unfair
943     competitive injury to the person submitting the information or would impair the ability of the
944     governmental entity to obtain necessary information in the future;
945          (b) the person submitting the information has a greater interest in prohibiting access
946     than the public in obtaining access; and
947          (c) the person submitting the information has provided the governmental entity with
948     the information specified in Section 63G-2-309;
949          (3) commercial or financial information acquired or prepared by a governmental entity
950     to the extent that disclosure would lead to financial speculations in currencies, securities, or
951     commodities that will interfere with a planned transaction by the governmental entity or cause
952     substantial financial injury to the governmental entity or state economy;
953          (4) records, the disclosure of which could cause commercial injury to, or confer a
954     competitive advantage upon a potential or actual competitor of, a commercial project entity as
955     defined in Subsection 11-13-103(4);

956          (5) test questions and answers to be used in future license, certification, registration,
957     employment, or academic examinations;
958          (6) records, the disclosure of which would impair governmental procurement
959     proceedings or give an unfair advantage to any person proposing to enter into a contract or
960     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
961     Subsection (6) does not restrict the right of a person to have access to, after the contract or
962     grant has been awarded and signed by all parties:
963          (a) a bid, proposal, application, or other information submitted to or by a governmental
964     entity in response to:
965          (i) an invitation for bids;
966          (ii) a request for proposals;
967          (iii) a request for quotes;
968          (iv) a grant; or
969          (v) other similar document; or
970          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
971          (7) information submitted to or by a governmental entity in response to a request for
972     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
973     the right of a person to have access to the information, after:
974          (a) a contract directly relating to the subject of the request for information has been
975     awarded and signed by all parties; or
976          (b) (i) a final determination is made not to enter into a contract that relates to the
977     subject of the request for information; and
978          (ii) at least two years have passed after the day on which the request for information is
979     issued;
980          (8) records that would identify real property or the appraisal or estimated value of real
981     or personal property, including intellectual property, under consideration for public acquisition
982     before any rights to the property are acquired unless:
983          (a) public interest in obtaining access to the information is greater than or equal to the
984     governmental entity's need to acquire the property on the best terms possible;
985          (b) the information has already been disclosed to persons not employed by or under a
986     duty of confidentiality to the entity;

987          (c) in the case of records that would identify property, potential sellers of the described
988     property have already learned of the governmental entity's plans to acquire the property;
989          (d) in the case of records that would identify the appraisal or estimated value of
990     property, the potential sellers have already learned of the governmental entity's estimated value
991     of the property; or
992          (e) the property under consideration for public acquisition is a single family residence
993     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
994     the property as required under Section 78B-6-505;
995          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
996     compensated transaction of real or personal property including intellectual property, which, if
997     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
998     of the subject property, unless:
999          (a) the public interest in access is greater than or equal to the interests in restricting
1000     access, including the governmental entity's interest in maximizing the financial benefit of the
1001     transaction; or
1002          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
1003     the value of the subject property have already been disclosed to persons not employed by or
1004     under a duty of confidentiality to the entity;
1005          (10) records created or maintained for civil, criminal, or administrative enforcement
1006     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
1007     release of the records:
1008          (a) reasonably could be expected to interfere with investigations undertaken for
1009     enforcement, discipline, licensing, certification, or registration purposes;
1010          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
1011     proceedings;
1012          (c) would create a danger of depriving a person of a right to a fair trial or impartial
1013     hearing;
1014          (d) reasonably could be expected to disclose the identity of a source who is not
1015     generally known outside of government and, in the case of a record compiled in the course of
1016     an investigation, disclose information furnished by a source not generally known outside of
1017     government if disclosure would compromise the source; or

1018          (e) reasonably could be expected to disclose investigative or audit techniques,
1019     procedures, policies, or orders not generally known outside of government if disclosure would
1020     interfere with enforcement or audit efforts;
1021          (11) records the disclosure of which would jeopardize the life or safety of an
1022     individual;
1023          (12) records the disclosure of which would jeopardize the security of governmental
1024     property, governmental programs, or governmental recordkeeping systems from damage, theft,
1025     or other appropriation or use contrary to law or public policy;
1026          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
1027     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
1028     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
1029          (14) records that, if disclosed, would reveal recommendations made to the Board of
1030     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
1031     Board of Pardons and Parole, or the Department of Human Services that are based on the
1032     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
1033     jurisdiction;
1034          (15) records and audit workpapers that identify audit, collection, and operational
1035     procedures and methods used by the State Tax Commission, if disclosure would interfere with
1036     audits or collections;
1037          (16) records of a governmental audit agency relating to an ongoing or planned audit
1038     until the final audit is released;
1039          (17) records that are subject to the attorney client privilege;
1040          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
1041     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
1042     quasi-judicial, or administrative proceeding;
1043          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
1044     from a member of the Legislature; and
1045          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
1046     legislative action or policy may not be classified as protected under this section; and
1047          (b) (i) an internal communication that is part of the deliberative process in connection
1048     with the preparation of legislation between:

1049          (A) members of a legislative body;
1050          (B) a member of a legislative body and a member of the legislative body's staff; or
1051          (C) members of a legislative body's staff; and
1052          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
1053     legislative action or policy may not be classified as protected under this section;
1054          (20) (a) records in the custody or control of the Office of Legislative Research and
1055     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
1056     legislation or contemplated course of action before the legislator has elected to support the
1057     legislation or course of action, or made the legislation or course of action public; and
1058          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
1059     Office of Legislative Research and General Counsel is a public document unless a legislator
1060     asks that the records requesting the legislation be maintained as protected records until such
1061     time as the legislator elects to make the legislation or course of action public;
1062          (21) research requests from legislators to the Office of Legislative Research and
1063     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
1064     in response to these requests;
1065          (22) drafts, unless otherwise classified as public;
1066          (23) records concerning a governmental entity's strategy about:
1067          (a) collective bargaining; or
1068          (b) imminent or pending litigation;
1069          (24) records of investigations of loss occurrences and analyses of loss occurrences that
1070     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
1071     Uninsured Employers' Fund, or similar divisions in other governmental entities;
1072          (25) records, other than personnel evaluations, that contain a personal recommendation
1073     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
1074     personal privacy, or disclosure is not in the public interest;
1075          (26) records that reveal the location of historic, prehistoric, paleontological, or
1076     biological resources that if known would jeopardize the security of those resources or of
1077     valuable historic, scientific, educational, or cultural information;
1078          (27) records of independent state agencies if the disclosure of the records would
1079     conflict with the fiduciary obligations of the agency;

1080          (28) records of an institution within the state system of higher education defined in
1081     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
1082     retention decisions, and promotions, which could be properly discussed in a meeting closed in
1083     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
1084     the final decisions about tenure, appointments, retention, promotions, or those students
1085     admitted, may not be classified as protected under this section;
1086          (29) records of the governor's office, including budget recommendations, legislative
1087     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
1088     policies or contemplated courses of action before the governor has implemented or rejected
1089     those policies or courses of action or made them public;
1090          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
1091     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
1092     recommendations in these areas;
1093          (31) records provided by the United States or by a government entity outside the state
1094     that are given to the governmental entity with a requirement that they be managed as protected
1095     records if the providing entity certifies that the record would not be subject to public disclosure
1096     if retained by it;
1097          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
1098     public body except as provided in Section 52-4-206;
1099          (33) records that would reveal the contents of settlement negotiations but not including
1100     final settlements or empirical data to the extent that they are not otherwise exempt from
1101     disclosure;
1102          (34) memoranda prepared by staff and used in the decision-making process by an
1103     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
1104     other body charged by law with performing a quasi-judicial function;
1105          (35) records that would reveal negotiations regarding assistance or incentives offered
1106     by or requested from a governmental entity for the purpose of encouraging a person to expand
1107     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
1108     person or place the governmental entity at a competitive disadvantage, but this section may not
1109     be used to restrict access to a record evidencing a final contract;
1110          (36) materials to which access must be limited for purposes of securing or maintaining

1111     the governmental entity's proprietary protection of intellectual property rights including patents,
1112     copyrights, and trade secrets;
1113          (37) the name of a donor or a prospective donor to a governmental entity, including an
1114     institution within the state system of higher education defined in Section 53B-1-102, and other
1115     information concerning the donation that could reasonably be expected to reveal the identity of
1116     the donor, provided that:
1117          (a) the donor requests anonymity in writing;
1118          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
1119     classified protected by the governmental entity under this Subsection (37); and
1120          (c) except for an institution within the state system of higher education defined in
1121     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
1122     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
1123     over the donor, a member of the donor's immediate family, or any entity owned or controlled
1124     by the donor or the donor's immediate family;
1125          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
1126     73-18-13;
1127          (39) a notification of workers' compensation insurance coverage described in Section
1128     34A-2-205;
1129          (40) (a) the following records of an institution within the state system of higher
1130     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
1131     or received by or on behalf of faculty, staff, employees, or students of the institution:
1132          (i) unpublished lecture notes;
1133          (ii) unpublished notes, data, and information:
1134          (A) relating to research; and
1135          (B) of:
1136          (I) the institution within the state system of higher education defined in Section
1137     53B-1-102; or
1138          (II) a sponsor of sponsored research;
1139          (iii) unpublished manuscripts;
1140          (iv) creative works in process;
1141          (v) scholarly correspondence; and

1142          (vi) confidential information contained in research proposals;
1143          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
1144     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
1145          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
1146          (41) (a) records in the custody or control of the Office of the Legislative Auditor
1147     General that would reveal the name of a particular legislator who requests a legislative audit
1148     prior to the date that audit is completed and made public; and
1149          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
1150     Office of the Legislative Auditor General is a public document unless the legislator asks that
1151     the records in the custody or control of the Office of the Legislative Auditor General that would
1152     reveal the name of a particular legislator who requests a legislative audit be maintained as
1153     protected records until the audit is completed and made public;
1154          (42) records that provide detail as to the location of an explosive, including a map or
1155     other document that indicates the location of:
1156          (a) a production facility; or
1157          (b) a magazine;
1158          (43) information:
1159          (a) contained in the statewide database of the Division of Aging and Adult Services
1160     created by Section 62A-3-311.1; or
1161          (b) received or maintained in relation to the Identity Theft Reporting Information
1162     System (IRIS) established under Section 67-5-22;
1163          (44) information contained in the Licensing Information System described in Title
1164     62A, Chapter 4a, Child and Family Services;
1165          (45) information regarding National Guard operations or activities in support of the
1166     National Guard's federal mission;
1167          (46) records provided by any pawn or secondhand business to a law enforcement
1168     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop [and],
1169     Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
1170          (47) information regarding food security, risk, and vulnerability assessments performed
1171     by the Department of Agriculture and Food;
1172          (48) except to the extent that the record is exempt from this chapter pursuant to Section

1173     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
1174     prepared or maintained by the Division of Emergency Management, and the disclosure of
1175     which would jeopardize:
1176          (a) the safety of the general public; or
1177          (b) the security of:
1178          (i) governmental property;
1179          (ii) governmental programs; or
1180          (iii) the property of a private person who provides the Division of Emergency
1181     Management information;
1182          (49) records of the Department of Agriculture and Food that provides for the
1183     identification, tracing, or control of livestock diseases, including any program established under
1184     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
1185     of Animal Disease;
1186          (50) as provided in Section 26-39-501:
1187          (a) information or records held by the Department of Health related to a complaint
1188     regarding a child care program or residential child care which the department is unable to
1189     substantiate; and
1190          (b) information or records related to a complaint received by the Department of Health
1191     from an anonymous complainant regarding a child care program or residential child care;
1192          (51) unless otherwise classified as public under Section 63G-2-301 and except as
1193     provided under Section 41-1a-116, an individual's home address, home telephone number, or
1194     personal mobile phone number, if:
1195          (a) the individual is required to provide the information in order to comply with a law,
1196     ordinance, rule, or order of a government entity; and
1197          (b) the subject of the record has a reasonable expectation that this information will be
1198     kept confidential due to:
1199          (i) the nature of the law, ordinance, rule, or order; and
1200          (ii) the individual complying with the law, ordinance, rule, or order;
1201          (52) the portion of the following documents that contains a candidate's residential or
1202     mailing address, if the candidate provides to the filing officer another address or phone number
1203     where the candidate may be contacted:

1204          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
1205     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
1206     20A-9-408.5, 20A-9-502, or 20A-9-601;
1207          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
1208          (c) a notice of intent to gather signatures for candidacy, described in Section
1209     20A-9-408;
1210          (53) the name, home address, work addresses, and telephone numbers of an individual
1211     that is engaged in, or that provides goods or services for, medical or scientific research that is:
1212          (a) conducted within the state system of higher education, as defined in Section
1213     53B-1-102; and
1214          (b) conducted using animals;
1215          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
1216     Evaluation Commission concerning an individual commissioner's vote on whether or not to
1217     recommend that the voters retain a judge including information disclosed under Subsection
1218     78A-12-203(5)(e);
1219          (55) information collected and a report prepared by the Judicial Performance
1220     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
1221     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
1222     the information or report;
1223          (56) records provided or received by the Public Lands Policy Coordinating Office in
1224     furtherance of any contract or other agreement made in accordance with Section 63L-11-202;
1225          (57) information requested by and provided to the 911 Division under Section
1226     63H-7a-302;
1227          (58) in accordance with Section 73-10-33:
1228          (a) a management plan for a water conveyance facility in the possession of the Division
1229     of Water Resources or the Board of Water Resources; or
1230          (b) an outline of an emergency response plan in possession of the state or a county or
1231     municipality;
1232          (59) the following records in the custody or control of the Office of Inspector General
1233     of Medicaid Services, created in Section 63A-13-201:
1234          (a) records that would disclose information relating to allegations of personal

1235     misconduct, gross mismanagement, or illegal activity of a person if the information or
1236     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
1237     through other documents or evidence, and the records relating to the allegation are not relied
1238     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
1239     report or final audit report;
1240          (b) records and audit workpapers to the extent they would disclose the identity of a
1241     person who, during the course of an investigation or audit, communicated the existence of any
1242     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
1243     regulation adopted under the laws of this state, a political subdivision of the state, or any
1244     recognized entity of the United States, if the information was disclosed on the condition that
1245     the identity of the person be protected;
1246          (c) before the time that an investigation or audit is completed and the final
1247     investigation or final audit report is released, records or drafts circulated to a person who is not
1248     an employee or head of a governmental entity for the person's response or information;
1249          (d) records that would disclose an outline or part of any investigation, audit survey
1250     plan, or audit program; or
1251          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
1252     investigation or audit;
1253          (60) records that reveal methods used by the Office of Inspector General of Medicaid
1254     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
1255     abuse;
1256          (61) information provided to the Department of Health or the Division of Occupational
1257     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
1258     58-68-304(3) and (4);
1259          (62) a record described in Section 63G-12-210;
1260          (63) captured plate data that is obtained through an automatic license plate reader
1261     system used by a governmental entity as authorized in Section 41-6a-2003;
1262          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
1263     victim, including:
1264          (a) a victim's application or request for benefits;
1265          (b) a victim's receipt or denial of benefits; and

1266          (c) any administrative notes or records made or created for the purpose of, or used to,
1267     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
1268     Reparations Fund;
1269          (65) an audio or video recording created by a body-worn camera, as that term is
1270     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
1271     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
1272     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
1273     that term is defined in Section 62A-2-101, except for recordings that:
1274          (a) depict the commission of an alleged crime;
1275          (b) record any encounter between a law enforcement officer and a person that results in
1276     death or bodily injury, or includes an instance when an officer fires a weapon;
1277          (c) record any encounter that is the subject of a complaint or a legal proceeding against
1278     a law enforcement officer or law enforcement agency;
1279          (d) contain an officer involved critical incident as defined in Subsection
1280     76-2-408(1)(f); or
1281          (e) have been requested for reclassification as a public record by a subject or
1282     authorized agent of a subject featured in the recording;
1283          (66) a record pertaining to the search process for a president of an institution of higher
1284     education described in Section 53B-2-102, except for application materials for a publicly
1285     announced finalist;
1286          (67) an audio recording that is:
1287          (a) produced by an audio recording device that is used in conjunction with a device or
1288     piece of equipment designed or intended for resuscitating an individual or for treating an
1289     individual with a life-threatening condition;
1290          (b) produced during an emergency event when an individual employed to provide law
1291     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
1292          (i) is responding to an individual needing resuscitation or with a life-threatening
1293     condition; and
1294          (ii) uses a device or piece of equipment designed or intended for resuscitating an
1295     individual or for treating an individual with a life-threatening condition; and
1296          (c) intended and used for purposes of training emergency responders how to improve

1297     their response to an emergency situation;
1298          (68) records submitted by or prepared in relation to an applicant seeking a
1299     recommendation by the Research and General Counsel Subcommittee, the Budget
1300     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
1301     employment position with the Legislature;
1302          (69) work papers as defined in Section 31A-2-204;
1303          (70) a record made available to Adult Protective Services or a law enforcement agency
1304     under Section 61-1-206;
1305          (71) a record submitted to the Insurance Department in accordance with Section
1306     31A-37-201;
1307          (72) a record described in Section 31A-37-503;
1308          (73) any record created by the Division of Occupational and Professional Licensing as
1309     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
1310          (74) a record described in Section 72-16-306 that relates to the reporting of an injury
1311     involving an amusement ride;
1312          (75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
1313     on a political petition, or on a request to withdraw a signature from a political petition,
1314     including a petition or request described in the following titles:
1315          (a) Title 10, Utah Municipal Code;
1316          (b) Title 17, Counties;
1317          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
1318          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
1319          (e) Title 20A, Election Code;
1320          (76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
1321     a voter registration record;
1322          (77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
1323     signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
1324     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
1325          (78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
1326     5, Victims Guidelines for Prosecutors Act;
1327          (79) a record submitted to the Insurance Department under Subsection

1328     31A-48-103(1)(b);
1329          (80) personal information, as defined in Section 63G-26-102, to the extent disclosure is
1330     prohibited under Section 63G-26-103;
1331          (81) (a) an image taken of an individual during the process of booking the individual
1332     into jail, unless:
1333          (i) the individual is convicted of a criminal offense based upon the conduct for which
1334     the individual was incarcerated at the time the image was taken;
1335          (ii) a law enforcement agency releases or disseminates the image after determining
1336     that:
1337          (A) the individual is a fugitive or an imminent threat to an individual or to public
1338     safety; and
1339          (B) releasing or disseminating the image will assist in apprehending the individual or
1340     reducing or eliminating the threat; or
1341          (iii) a judge orders the release or dissemination of the image based on a finding that the
1342     release or dissemination is in furtherance of a legitimate law enforcement interest.
1343          (82) a record:
1344          (a) concerning an interstate claim to the use of waters in the Colorado River system;
1345          (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
1346     representative from another state or the federal government as provided in Section
1347     63M-14-205; and
1348          (c) the disclosure of which would:
1349          (i) reveal a legal strategy relating to the state's claim to the use of the water in the
1350     Colorado River system;
1351          (ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
1352     negotiate the best terms and conditions regarding the use of water in the Colorado River
1353     system; or
1354          (iii) give an advantage to another state or to the federal government in negotiations
1355     regarding the use of water in the Colorado River system; and
1356          (83) any part of an application described in Section 63N-16-201 that the Governor's
1357     Office of Economic Opportunity determines is nonpublic, confidential information that if
1358     disclosed would result in actual economic harm to the applicant, but this Subsection (83) may

1359     not be used to restrict access to a record evidencing a final contract or approval decision.
1360          Section 25. Section 67-5-37 is amended to read:
1361          67-5-37. Multi-agency joint strike force -- Joint Organized Retail Crime Unit.
1362          (1) The Office of the Attorney General and the Department of Public Safety shall
1363     create and coordinate the operation of a multi-agency joint strike force to combat criminal
1364     activity that may have a negative impact on the state's economy.
1365          (2) The attorney general and the Department of Public Safety shall invite federal, state,
1366     and local law enforcement personnel to participate in the joint strike force to more effectively
1367     utilize their combined skills, expertise, and resources.
1368          (3) The joint strike force shall focus the joint strike force's efforts on detecting,
1369     investigating, deterring, and eradicating criminal activity, described in Subsection (1), within
1370     the state, including organized retail crime, antitrust violations, intellectual property rights
1371     violations, gambling, and the purchase of stolen goods for the purpose of reselling the stolen
1372     goods for profit.
1373          (4) In conjunction with the joint strike force, the Office of the Attorney General and the
1374     Department of Public Safety shall establish the Joint Organized Retail Crime Unit for the
1375     purpose of:
1376          (a) investigating, apprehending, and prosecuting individuals or entities that participate
1377     in the purchase, sale, or distribution of stolen property; and
1378          (b) targeting individuals or entities that commit theft and other property crimes for
1379     financial gain.
1380          (5) (a) The joint strike force shall provide an annual report to the Law Enforcement and
1381     Criminal Justice Interim Committee before December 1 that describes the joint strike force's
1382     activities and any recommendations for modifications to this section.
1383          (b) The report described in Subsection (5)(a) shall include the number of catalytic
1384     converter thefts and arrests in Utah for the preceding calendar year, if reasonably available.
1385          Section 26. Section 76-6-408 is amended to read:
1386          76-6-408. Receiving stolen property -- Duties of pawnbrokers, secondhand
1387     businesses, coin dealers, and catalytic converter purchasers.
1388          (1) As used in this section:
1389          (a) "Catalytic converter purchaser" means the same as that term is defined in

1390     13-32a-102.
1391          (b) "Coin dealer" means the same as that term is defined in Section 13-32a-102.
1392          [(a)] (c) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
1393          [(b)] (d) "Receives" means acquiring possession, control, title, or lending on the
1394     security of the property.
1395          (e) "Scrap metal processor" means the same as that term is defined in Section
1396     76-6-1402.
1397          (f) "Secondhand actor" means:
1398          (i) a pawnbroker;
1399          (ii) a person who has or operates a business dealing in or collecting used or secondhand
1400     merchandise or personal property; or
1401          (iii) an agent, employee, or representative of a pawnbroker or person who buys,
1402     receives, or obtains property.
1403          (2) A person commits theft if the person receives, retains, or disposes of the property of
1404     another knowing that the property is stolen, or believing that the property is probably stolen, or
1405     who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from
1406     the owner, knowing or believing the property to be stolen, intending to deprive the owner of the
1407     property.
1408          (3) [The] Except as provided in Subsection (4), the knowledge or belief required [for]
1409     under Subsection (2) is presumed in the case of an actor who:
1410          (a) is found in possession or control of other property stolen on a separate occasion; or
1411          (b) has received other stolen property within the year preceding the receiving offense
1412     charged[;].
1413          [(c) is a pawnbroker or person who:]
1414          [(i) has or operates a business dealing in or collecting used or secondhand merchandise
1415     or personal property, or an agent, employee, or representative of a pawnbroker or person who
1416     buys, receives, or obtains property; and]
1417          [(ii) (A) has not completely and accurately documented the information required under
1418     Section 13-32a-104; or]
1419          [(B) is found in possession of merchandise or personal property that violates
1420     Subsection 13-32a-104(2); or]

1421          [(d) is a coin dealer or an employee of the coin dealer as defined in Section 13-32a-102
1422     who does not comply with the requirements of Section 13-32a-104.5.]
1423          [(4) A pawnbroker or person who has or operates a business dealing in or collecting
1424     used or secondhand merchandise or personal property, and every agent, employee, or
1425     representative of a pawnbroker or person who fails to comply with Subsection (3) is presumed
1426     to have bought, received, or obtained the property knowing the property to have been stolen or
1427     unlawfully obtained. Thispresumption may be rebutted by proof.]
1428          [(5) When, in a prosecution under this section, it appears from the evidence that the
1429     defendant was a pawnbroker or a person who has or operates a business dealing in or collecting
1430     used or secondhand merchandise or personal property, or was an agent, employee, or
1431     representative of a pawnbroker or person, that the defendant bought, received, concealed, or
1432     withheld the property without obtaining the information required in Subsection (3)(c) or (d),
1433     then the burden shall be upon the defendant to show that the property bought, received, or
1434     obtained was not stolen.]
1435          [(6) Subsections (3)(c), (4), and (5) do not apply to scrap metal processors as defined in
1436     Section 76-6-1402.]
1437          (4) (a) The knowledge or belief required under Subsection (2) may only be presumed
1438     of a secondhand actor if the secondhand actor does not substantially comply with the material
1439     requirements of Section 13-32a-104.
1440          (b) The knowledge or belief required under Subsection (2) may only be presumed of a
1441     coin dealer or an employee of a coin dealer if the coin dealer or the employee of the coin dealer
1442     does not substantially comply with the requirements of Section 13-32a-104.5.
1443          (c) The knowledge or belief required under Subsection (2) may only be presumed of a
1444     catalytic converter purchaser if the catalytic converter purchaser does not substantially comply
1445     with the material requirements of Section 13-32a-104.7.
1446          (5) Unless acting as a catalytic converter purchaser, Subsection (4)(c) does not apply to
1447     a scrap metal processor.
1448          (6) This section does not preclude the admission of evidence in accordance with the
1449     Utah Rules of Evidence.
1450          Section 27. Section 76-6-412 is amended to read:
1451          76-6-412. Theft -- Classification of offenses -- Action for treble damages.

1452          (1) Theft of property and services as provided in this chapter is punishable:
1453          (a) as a second degree felony if the:
1454          (i) value of the property or services is or exceeds $5,000;
1455          (ii) property stolen is a firearm or an operable motor vehicle; or
1456          (iii) property is stolen from the person of another;
1457          (b) as a third degree felony if:
1458          (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
1459          (ii) the property is a catalytic converter as defined under Section 76-6-1402;
1460          [(ii)] (iii) the value of the property or services is or exceeds $500 and the actor has
1461     been twice before convicted of any of the following offenses, if each prior offense was
1462     committed within 10 years before the date of the current conviction or the date of the offense
1463     upon which the current conviction is based and at least one of those convictions is for a class A
1464     misdemeanor:
1465          (A) any theft, any robbery, or any burglary with intent to commit theft;
1466          (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
1467          (C) any attempt to commit any offense under Subsection (1)(b)[(ii)](iii)(A) or (B);
1468          [(iii)] (iv) (A) the value of property or services is or exceeds $500 but is less than
1469     $1,500;
1470          (B) the theft occurs on a property where the offender has committed any theft within
1471     the past five years; and
1472          (C) the offender has received written notice from the merchant prohibiting the offender
1473     from entering the property pursuant to Subsection 78B-3-108(4); or
1474          [(iv)] (v) the actor has been previously convicted of a felony violation of any of the
1475     offenses listed in Subsections (1)(b)[(ii)](iii)(A) through (1)(b)[(ii)](iii)(C), if the prior offense
1476     was committed within 10 years before the date of the current conviction or the date of the
1477     offense upon which the current conviction is based;
1478          (c) as a class A misdemeanor if:
1479          (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
1480          (ii) (A) the value of property or services is less than $500;
1481          (B) the theft occurs on a property where the offender has committed any theft within
1482     the past five years; and

1483          (C) the offender has received written notice from the merchant prohibiting the offender
1484     from entering the property pursuant to Subsection 78B-3-108(4); or
1485          (iii) the actor has been twice before convicted of any of the offenses listed in
1486     Subsections (1)(b)[(ii)](iii)(A) through (1)(b)[(ii)](iii)(C), if each prior offense was committed
1487     within 10 years before the date of the current conviction or the date of the offense upon which
1488     the current conviction is based; or
1489          (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
1490     the theft is not an offense under Subsection (1)(c).
1491          (2) Any individual who violates Subsection 76-6-408(2) or 76-6-413(1), or commits
1492     theft of a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack,
1493     jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes, or a livestock
1494     guardian dog, is civilly liable for three times the amount of actual damages, if any sustained by
1495     the plaintiff, and for costs of suit and reasonable attorney fees.
1496          Section 28. Section 76-6-1406 is amended to read:
1497          76-6-1406. Restrictions on the purchase of regulated metal -- Exemption.
1498          (1) A dealer may conduct purchase transactions involving regulated metal only
1499     between the hours of 6 a.m. and 7 p.m.
1500          (2) Except when the dealer pays a government entity by check for regulated metal, the
1501     dealer may not purchase any of the following regulated metal without obtaining and keeping on
1502     file reasonable documentation that the seller is an employee, agent, or contractor of a
1503     governmental entity who is authorized to sell the item of regulated metal property on behalf of
1504     the governmental entity:
1505          (a) a manhole cover or sewer grate;
1506          (b) an electric light pole; or
1507          (c) a guard rail.
1508          (3) (a) A dealer may not purchase suspect metal without obtaining the information
1509     under Subsection (3)(b) identifying the owner of the suspect metal.
1510          (b) The owner of the suspect metal shall provide in writing:
1511          (i) the owner's telephone number;
1512          (ii) the owner's business or residential address, which may not be a post box;
1513          (iii) a copy of the owner's driver license; and

1514          (iv) a signed statement that the person is the lawful owner of the suspect metal and
1515     authorizes the seller, identified by name, to sell the suspect metal.
1516          (c) The dealer shall keep the identifying information provided in Subsection (3)(b) on
1517     file for not less than one year.
1518          (4) Transactions with businesses that have an established account with the dealer are
1519     exempt from the requirements of Subsections (2) and (3) if the business holds a valid business
1520     license, and:
1521          (a) (i) the dealer has on file a statement from the business identifying those employees
1522     authorized to sell all metals to the dealer; and
1523          (ii) the dealer conducts regulated metal transactions only with those identified
1524     employees of the business and records the name of the employee when recording the
1525     transaction;
1526          (b) the dealer has on file reasonable documentation from the business that any person
1527     verified as representing the business as an employee, and whom the dealer has verified is an
1528     employee, may sell regulated metal; or
1529          (c) the dealer makes payment for regulated metal purchased from a person by issuing a
1530     check to the business employing the seller.
1531          (5) If a dealer is a catalytic converter purchaser as defined in Section 13-32a-102, the
1532     dealer shall comply with the requirements in Title 13, Chapter 32a, Pawnshop, Secondhand
1533     Merchandise, and Catalytic Converter Transaction Information Act.
1534          Section 29. Section 78B-3-108 is amended to read:
1535          78B-3-108. Shoplifting -- Merchant's rights -- Civil liability for shoplifting by
1536     adult or minor -- Criminal conviction not a prerequisite for civil liability -- Written notice
1537     required for penalty demand.
1538          (1) As used in this section:
1539          (a) "Merchandise" has the same meaning as provided in Section 76-6-601.
1540          (b) "Merchant" has the same meaning as provided in Section 76-6-601.
1541          (c) "Minor" has the same meaning as provided in Section 76-6-601.
1542          (d) "Premises" has the same meaning as "retail mercantile establishment" found in
1543     Section 76-6-601.
1544          (2) (a) A merchant may request an individual on the merchant's premises to place or

1545     keep in full view any merchandise the individual may have removed, or which the merchant
1546     has reason to believe the individual may have removed, from its place of display or elsewhere,
1547     whether for examination, purchase, or for any other reasonable purpose.
1548          (b) The merchant may not be criminally or civilly liable for having made the request.
1549          (3) (a) A merchant who has reason to believe that an individual has committed any of
1550     the offenses listed in Subsection 76-6-412(1)(b)[(ii)](iii)(A), (B), or (C) and that the merchant
1551     can recover the merchandise by taking the individual into custody and detaining the individual
1552     may, for the purpose of attempting to recover the merchandise or for the purpose of informing
1553     a peace officer of the circumstances of the detention, take the individual into custody and
1554     detain the individual in a reasonable manner and for a reasonable length of time.
1555          (b) Neither the merchant nor the merchant's employee may be criminally or civilly
1556     liable for false arrest, false imprisonment, slander, or unlawful detention or for any other type
1557     of claim or action unless the custody and detention are unreasonable under all the
1558     circumstances.
1559          (4) (a) A merchant may prohibit an individual who has committed any of the offenses
1560     listed in Subsection 76-6-412(1)(b)[(ii)](iii) from reentering the premises on which the
1561     individual has committed the offense.
1562          (b) The merchant shall give written notice of this prohibition to the individual under
1563     Subsection (4)(a). The notice may be served by:
1564          (i) delivering a copy to the individual personally;
1565          (ii) sending a copy through registered or certified mail addressed to the individual at
1566     the individual's residence or usual place of business;
1567          (iii) leaving a copy with an individual of suitable age and discretion at either location
1568     under Subsection (4)(b)(ii) and mailing a copy to the individual at the individual's residence or
1569     place of business if the individual is absent from the residence or usual place of business; or
1570          (iv) affixing a copy in a conspicuous place at the individual's residence or place of
1571     business.
1572          (c) The individual serving the notice may authenticate service with the individual's
1573     signature, the method of service, and legibly documenting the date and time of service.
1574          (5) An adult who commits any of the offenses listed in Subsection
1575     76-6-412(1)(b)[(ii)](iii)(A), (B), or (C) is also liable in a civil action for:

1576          (a) actual damages;
1577          (b) a penalty to the merchant in the amount of the retail price of the merchandise not to
1578     exceed $1,000; and
1579          (c) an additional penalty as determined by the court of not less than $100 nor more than
1580     $500, plus court costs and reasonable attorney fees.
1581          (6) A minor who commits any of the offenses listed in Subsection
1582     76-6-412(1)(b)[(ii)](iii)(A), (B), or (C) and the minor's parents or legal guardian are jointly and
1583     severally liable in a civil action to the merchant for:
1584          (a) actual damages;
1585          (b) a penalty to be remitted to the merchant in the amount of the retail price of the
1586     merchandise not to exceed $500 plus an additional penalty as determined by the court of not
1587     less than $50 nor more than $500; and
1588          (c) court costs and reasonable attorney fees.
1589          (7) A parent or guardian is not liable for damages under this section if the parent or
1590     guardian made a reasonable effort to restrain the wrongful taking and reported it to the
1591     merchant involved or to the law enforcement agency having primary jurisdiction once the
1592     parent or guardian knew of the minor's unlawful act. A report is not required under this section
1593     if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of
1594     the merchant involved.
1595          (8) A conviction in a criminal action for any of the offenses listed in Subsection
1596     76-6-412(1)(b)[(ii)](iii)(A), (B), or (C) is not a condition precedent to a civil action authorized
1597     under Subsection (5) or (6).
1598          (9) (a) A merchant demanding payment of a penalty under Subsection (5) or (6) shall
1599     give written notice to the individual or individuals from whom the penalty is sought. The
1600     notice shall state:
1601          "IMPORTANT NOTICE: The payment of any penalty demanded of you does not
1602     prevent criminal prosecution under a related criminal provision."
1603          (b) This notice shall be boldly and conspicuously displayed, in at least the same size
1604     type as is used in the demand, and shall be sent with the demand for payment of the penalty
1605     described in Subsection (5) or (6).
1606          (10) The provision of Section 78B-8-201 requiring that compensatory or general

1607     damages be awarded in order to award punitive damages does not prohibit an award of a
1608     penalty under Subsection (5) or (6) whether or not restitution has been paid to the merchant
1609     either prior to or as part of a civil action.