PRINTER'S NO. 45

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 44 Session of 1981


        INTRODUCED BY J. L. WRIGHT, WILT AND BURNS, JANUARY 19, 1981

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE,
           JANUARY 19, 1981

                                     AN ACT

     1  Regulating certain aspects of the precious metals, jewelry and
     2     coin purchasing business, requiring registration by certain
     3     persons and providing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Registration required.
     7     (a)  Any person that purchases precious metals, jewelry or
     8  coins from the general public on any basis other than a casual
     9  or isolated transaction shall register with the district
    10  attorney of each county in which such person transacts business.
    11  The registration statement will contain:
    12         (1)  The name, principal business address, home address
    13     and business phone number of registrant.
    14         (2)  The name, business address, home address and
    15     business home number of all associates and employees of
    16     registrant who are involved directly or indirectly in the
    17     purchase of precious metals, jewelry or coins.


     1     (b)  As used in this act "precious metals, jewelry or coins,"
     2  means fourteen karat or finer gold, coin or sterling silver,
     3  precious and semi-precious gems and gold or silver coins, or any
     4  combination of these items.
     5  Section 2.  Information forms and filing.
     6     Any person subject to the registration requirements of
     7  section 1 shall, when purchasing or otherwise acquiring any
     8  precious metals, jewelry or coins, shall obtain the following
     9  information from the owner of such property:
    10         (1)  The name, current address and telephone number of
    11     the owner, as evidenced by two documents of identification.
    12     This identification requirement can be satisfied by the
    13     production of a current photo operators license issued by the
    14     Pennsylvania Department of Transportation or United States
    15     Passport.
    16         (2)  An accurate description of each item, including
    17     identifying marks, manufacturers name or serial number.
    18  Section 3.  Temporary retention of property.
    19     All precious metals, jewelry and coins acquired by a person
    20  subject to section 1 shall be retained by him for a period of 30
    21  days and shall be subject to examination by the Attorney General
    22  or district attorney or any person authorized in writing by
    23  either of them.
    24  Section 4.  Penalties.
    25     (a)  Any person required to register pursuant to section 1
    26  who fails to do so before transacting business in precious
    27  metals and jewelry as regulated by this act commits:
    28         (1)  A summary offense if the violation is his first
    29     conviction under this act.
    30         (2)  A misdemeanor of the third degree if the violation
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     1     is a second or subsequent conviction under this act.
     2     (b)  Any person required to register under section 1 who
     3  fails to file any report required by section 2 commits a summary
     4  offense. Each failure to file constitutes a separate offense.
     5     (c)  Any person required to retain precious metals, jewelry
     6  or coins for the 30-day period required by section 3 and who
     7  fails to do so or who refuses a lawful demand to inspect such
     8  property commits a misdemeanor of the third degree.
     9  Section 5.  Effective date.
    10     This act shall take effect in 60 days.














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