Chapter 502
2013 -- H 5519 SUBSTITUTE A AS
AMENDED
Enacted 07/17/13
A N A C T
RELATING TO
COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -
PURCHASE AND
Introduced By: Representatives Martin, Ucci, Craven, O'Brien, and O`Neill
Date Introduced: February 14, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 6-11.1-2, 6-11.1-4 and 6-11.1-5 of the
General Laws in Chapter 6-
11.1 entitled
"Purchase and Sale of Precious Metals" are hereby amended to read as
follows:
6-11.1-2.
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 the 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.
(b) 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 that shall
include fingerprints submitted to 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. Upon
the annual renewal of a license or the opening of a new branch designated in
the license, the attorney general may initiate a
nationwide criminal records check that shall
include fingerprints submitted to the federal bureau of
investigation regarding the licensee and
any other persons named in the license. The individual
who is subject to the national records
check shall be responsible for the cost of conducting such
check.
(c) 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.
The licensee shall pay an
additional fifty dollars ($50.00) annually for each branch
designated in the license. 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.
6-11.1-4. 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 precious metals including catalytic converters. 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 mail weekly to the chief of
police of the city or town in which the business is located
and electronically submit to the
attorney general, in a manner specified by the attorney
general, to the attorney general
copies of
all report forms from the preceding seven-day period.
(c) Every person
licensed under this chapter shall retain a copy of the report form for a
period of one year from the date of the sale stated on the
form.
6-11.1-5. 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
precious metals or articles made from or
containing a precious metal including catalytic converters
except items of bullion, including
coins, bars, and medallions, 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 and 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 that precious metals or
an article made from or containing a
precious metal has been stolen, he or she may give notice, in
writing, to the person licensed, to
retain the metal 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 that 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
possession or control.
SECTION 2. Sections 6-53-2, 6-53-4 and 6-53-5 of the General
Laws in Chapter 6-53
entitled "Purchase and Sale of Tools and
Electronics" are hereby amended to read as follows:
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 that shall include fingerprints
submitted to 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. Upon the annual renewal of a license or the
opening of a new branch designated in the
license, the attorney general may initiate a nationwide
criminal records check that shall include
fingerprints submitted to the federal bureau of investigation
regarding the licensee and any other
persons named in the license. The individual who is subject
to the national records check shall be
responsible for the cost of conducting such check.
(b) 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.
The licensee shall pay an
additional fifty dollars ($50.00) annually for each branch
designated in the license. 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 If the applicant is
a holder of a precious metals and dealers license the
fees as required in this section shall be
waived.
6-53-4. 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 electronically submit to the
attorney general, in a manner specified by the attorney
general, 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.
SECTION
3. Section 2 of Chapter 444 of the 2012 public laws entitled "An
Act Related
to Commercial Law – General Regulatory Provisions –
Purchase and
Electronics" is hereby amended to read as
follows:
Section
2. This act shall take effect on June 15 December 31,
2013.
SECTION 4. Sections 1 and 2 of this act shall take effect on
December 31, 2013. Section
3 of this act shall take
effect upon passage.
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LC00950/SUB A
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