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HB 0394 - Pawnshop and Secondhand Merchandise Amendments

Tracking Level: Watch
Sponsor: Eric Hutchings
Last Action: 3/26/2019 - Governor Signed in Lieutenant Governor's office for filing
House Committee: Law Enforcement and Criminal Justice
Senate Committee: Business and Labor
Assigned To:
Law Enforcement / SafetyNext Bill
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Staff Analysis of the Legislation

This bill amends the Pawnshop and Secondhand Merchandise Transaction Information Act in an effort to address items pawned or sold as secondhand merchandise that are believed to be stolen. The Act—which preempts town, city, county, and other local ordinances governing pawn or secondhand businesses—is amended to clarify definitions, to repeal outdated language, and to heighten pawn and secondhand business recordkeeping. 

The bill requires pawn and secondhand businesses to maintain a record of a patron’s full name, date of birth as shown on an allowed form of identification, residential address, and telephone number. Additionally, as of January of 2020, pawn and secondhand businesses must obtain an electronic legible fingerprinting of a patron’s right index finger to keep in a central database, a statewide repository of information established under the Act. Pawn or secondhand businesses must keep a color digital photograph for all jewelry and watches that they obtain.

The bill revamps the Pawnshop and Secondhand Merchandise Advisory Board and reduces the membership from thirteen to seven. The Department of Commerce executive director will appoint members from law enforcement as recommended by the Utah Chiefs of Police Association and the Utah Sheriffs Association, one state, county, or municipal prosecutor recommended by a prosecutors’ association or council, a pawnbroker and secondhand merchandise dealer as recommended by industry, one industry leader at large, and a coin dealer recommended by the Utah Coin Dealers Association. 

The Division of Consumer Protection must provide annual training sessions for pawn and secondhand business employees, as well as for law enforcement officers that use the central database, to outline compliance requirements under the Act. 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text