Chapter 399

2011 -- H 5807 SUBSTITUTE A AS AMENDED

Enacted 07/13/11

 

A N A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- PURCHASE AND SALE OF TOOLS AND ELECTRONICS

          

     Introduced By: Representatives JP O`Neill, Nunes, Johnston, Jackson, and Serpa

     Date Introduced: March 03, 2011

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 6 of the General Laws entitled "Commercial Law - General

Regulatory Provisions" is hereby amended by adding thereto the following chapter:

 

CHAPTER 53

PURCHASE AND SALE OF TOOLS AND ELECTRONICS

 

     6-53-1. License required – "Person" defined. – (a) No person, including a pawnbroker,

consignment shop, salvage yard operator, or second hand dealer as defined in section 5-21-1,

shall engage in the business of buying or receiving for the purpose of selling tools or electronic

equipment, whether or not readily identifiable with a serial number to include, but not limited to,

generators, powers tools, video game consoles, MP3 players, computers, audio and video

equipment, referred to in this chapter as "tools and electronics or trade-ins and store credits of the

aforementioned," from the general public for the purpose of reselling the tools and electronics in

any condition without first obtaining a license from the attorney general of the State of Rhode

Island (“attorney general”). The attorney general shall not issue any license to a person who has

not registered a permanent place of business within the state for the purchase or sale of tools and

electronics. The criteria for determining a person's permanent place of business shall be

formulated by the attorney general within ninety (90) days after passage.

     (b) The word "person," when used in this chapter, shall include individuals, partnerships,

associations, and corporations.

 

     6-53-2. Application for license – Annual fee. – Attorney general to promulgate rules

and regulations. - (a) Application for the license shall be in writing, under oath, and in the form

prescribed by attorney general and shall contain the name and the address (both of the residence

and place of business) of the applicant, and if the applicant is a partnership or association of every

member, and if a corporation, of each officer and director and of the principal owner or owners of

the issued and outstanding capital stock; also the city or town with the street and number where

the business is to be conducted, and any further information that the attorney general may require.

After receipt of an application for a license, the attorney general shall conduct an investigation to

determine whether the facts presented in the application are true. The attorney general may also

request a record search and a report from the national crime and information center (NCIC) of the

federal bureau of investigation. If the application discloses that the applicant has a disqualifying

criminal record, or if the investigation indicates that any of the facts presented in the application

are not true, or if the records of the department of the attorney general indicate criminal activity

on the part of the person signing the application and any other persons named in the application,

or if the NCIC report indicates an outstanding warrant for the person signing the application and

any other persons named in the application, then the attorney general may initiate a nationwide

criminal records check by the federal bureau of investigation regarding the person signing the

application and any other persons named in the application, in accordance with any applicable

federal standards regarding a criminal records check. The applicant at the time of making his or

her initial application only shall pay to the attorney general the sum of fifty dollars ($50.00) as a

fee for investigating the application and the additional sum of fifty dollars ($50.00) shall be paid

annually. Licenses shall not be assignable or transferable to any other person or entity. The

attorney general is authorized to promulgate rules and regulations not inconsistent with this

chapter to provide for the effective discharge of the responsibilities granted by this chapter;

provided, however, if the applicant is a holder of a precious metals and dealers license the fees as

required in this section shall be waived.

 

     6-53-3. Identification and authority of seller. – (a) Every person required to be licensed

under this chapter shall require positive proof of identification with photograph, date of birth and

current address of every seller from whom tools and electronics is to be purchased and shall

require the seller to sign a statement on a form to be approved by the attorney general stating that

the seller is the legal owner of the property or is the agent of the owner authorized to sell the

property, and when and where or in what manner the property was obtained.

     (b) Every person required to be licensed under this chapter shall, before purchasing any

tool or electronic device, require the seller, if a minor, to be accompanied by the parent or legal

guardian of the minor.

 

     6-53-4. Record of transactions required – Reports to police. – (a) Every person

licensed under this chapter shall keep a copy of the report form obtained from or under the

direction of the attorney general, containing a comprehensive record of all transactions

concerning tools and electronics. The comprehensive record shall be hand printed legibly or

typed. The record shall include the name, address, telephone number and date of birth of the

seller, a complete and accurate description of the property purchased or sold including any serial

numbers or other identifying marks or symbols, and the date and hour of the transaction.

     (b) All persons licensed under this chapter shall deliver or send electronically to the chief

of police of the city or town in which the business is located and to the attorney general copies of

all report forms from the preceding seven (7) day period.

     (c) Every person licensed under this chapter shall retain a copy of the report for a period

of one year from the date of the sale stated on the form.

 

     6-53-5. Fourteen day holding period – Recovery of stolen property. – Return to

rightful owner. – (a) All persons licensed under this chapter shall retain in their possession in an

unaltered condition for a period of fourteen (14) days all tools and electronics including items

which do not contain serial numbers or other identifying marks. The fourteen (14) day holding

period shall commence with the date the report of its acquisition was delivered to or received

through the mails by the chief of police or the attorney general, whichever is later. The records so

received by the chief of police or the attorney general shall be available for inspection only by

law enforcement officers for law enforcement purposes. If the chief of police has probable cause

to believe that tools and electronics have been stolen, he or she may give notice, in writing, to the

person licensed, to retain the tools, electronics or article for an additional period of fifteen (15)

days, and the person shall retain the property for this additional fifteen (15) day period unless the

notice is recalled, in writing, within the fifteen (15) day period; within the fifteen (15) day period

the chief of police, or his or her designee, shall designate, in writing, an officer to secure the

property alleged to be stolen and the persons in possession of the property shall deliver the

property to the officer upon display of the officer's written designation by the chief of police or

his or her designee. Upon receipt of the property from the officer, the clerk or person in charge of

the storage of alleged stolen property for a police department shall enter into a book a description

of every article of property alleged to be stolen which was brought to the police department and

shall attach a number to each article. The clerk or person in charge of the storage of alleged stolen

property shall deliver the property to the owner of the property upon satisfactory proof of

ownership, without any cost to the owner, provided that the following steps are followed:

     (1) A complete photographic record of the property is made;

     (2) A signed declaration of ownership under penalty of perjury is obtained from the

person to whom the property is delivered;

     (3) The person from whom the custody of the property was taken is served with written

notice of the claim of ownership and is given ten (10) days from the mailing of the notice to file a

petition in district court objecting to the delivery of the property to the person claiming

ownership. If a petition is filed in a timely manner, the district court shall at a hearing determine

by a preponderance of the evidence whether the property was stolen and that the person claiming

ownership of the property is the true owner. The decision of the district court may only be

appealable by writ of certiorari to the supreme court.

     (b) The clerk or person in charge of the storage of alleged stolen property shall not be

liable for damages for any official act performed in good faith in the course of carrying out the

provisions of this section. The photographic record of the alleged stolen property shall be allowed

to be introduced as evidence in any court of this state in place of the actual alleged stolen

property; provided that the clerk in charge of the storage of the alleged stolen property shall take

photographs of the property, and those photographs shall be tagged and marked and remain in

his/her possession or control.

 

     6-53-6. Persons injured by violations of chapter – Damages and costs. – Any person

who has been damaged or injured by the failure of a person required to be licensed under this

chapter to comply with the provisions of this chapter, may recover the actual damages sustained.

The court in its discretion, may also award punitive damages and/or the costs of suit and

reasonable attorneys' fees to a prevailing plaintiff.

 

     6-53-7. Penalties. – (a) Every person who shall violate the provisions of this chapter shall

be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) or

imprisoned for not more than one year, or both.

     (b) If the value of the property involved in a transaction which is in violation of this

chapter exceeds five hundred dollars ($500), a person convicted of a violation shall be fined not

more than two thousand dollars ($2,000) or imprisoned for not more than three (3) years, or both.

     (c) The attorney general shall have the authority to suspend the license of any person

required to be licensed under this chapter as a result of violations of this chapter or attorney

general regulations leading to penalties under this chapter.

 

     6-53-8. Rules and regulations. – The attorney general is authorized to promulgate,

adopt, and enforce any and all rules and regulations deemed necessary to carry out the duties and

responsibilities of this chapter. Rules and regulations shall be adopted in accordance with the

Administrative Procedures Act, chapter 35 of title 42.

 

     6-53-9. Refusal to issue license. – The attorney general shall refuse to issue a license

when the attorney general has found that the application for the license contains a false

representation of a material fact, when investigation reveals that the person applying for the

license has previously been guilty of a violation of this chapter or has been a partner of a

partnership, member of an association, or an officer or director of a corporation which has

previously been guilty of a violation of this chapter, or has a disqualifying criminal record as

defined in section 6-53-13. The attorney general may, in his or her discretion, issue a license if

the disqualifying criminal record is more than ten (10) years old.

 

     6-53-10. Suspension, revocation, and nonrenewal of license. – The attorney general,

upon his or her own motion or upon receipt of a signed written complaint which alleges violations

of this chapter or of the rules and regulations promulgated pursuant to this chapter, may, after a

hearing, suspend, revoke, or refuse to renew any license issued pursuant to this chapter.

 

     6-53-11. Hearings. – Hearings conducted pursuant to this chapter shall be in accordance

with the Administrative Procedures Act, chapter 35 of title 42.

 

     6-53-12. Appeals. – Appeals from a decision by the attorney general shall be made to the

sixth division district court in Providence. Appeals from the decision of the sixth division district

court shall be to the supreme court in accordance with the Administrative Procedures Act, chapter

35 of title 42, as amended.

 

     6-53-13. Disqualifying criminal records – Employees or agents of licensee. – A

licensee convicted in a court of this state, a court of another state or in a federal court, of a felony

charge of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny,

extortion, conspiracy to defraud, receiving stolen goods, burglary, breaking and entering, or any

similar offense or offenses, or tax evasion associated with the conduct of business under a license

issued pursuant to this chapter, shall forfeit his or her license. Prior to the forfeiture of the license,

the licensee may request a hearing on the forfeiture. The attorney general when so requested shall

hold a hearing. No licensee shall employ or engage any person as an employee or agent while

engaging in the business of trading in tools and electronics who has been convicted of any of the

offenses as they are described in this section and which shall be deemed to be a disqualifying

criminal record.

 

     6-53-14. Severability. – If any provisions of this chapter or application of this chapter to

any person or circumstances is held invalid, the invalidity shall not affect other provisions or

applications of this chapter than can be given effect without the invalid provision or phrase or

application, and to this end the provisions and phrases of this chapter are severable.

     

SECTION 2. This act shall take effect on June 15, 2012.

     

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LC01968/SUB A

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