Bill Text: DE SB45 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Pawnbrokers, Secondhand Dealers And Scrap Metal Processors.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed - Dead) 2013-06-06 - Amendment HA 1 - Introduced and Placed With Bill [SB45 Detail]

Download: Delaware-2013-SB45-Draft.html

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SPONSOR:	Sen. Sokola & Rep. Hudson & Rep. Miro
	Sens. Henry & Peterson; Reps. Heffernan, B. Short, Viola

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 45

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1.Amend §2302, Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

(a) Every pawnbroker and secondhand dealer shall create a record and provide information on a form to be supplied by the Delaware State Police or on another form that has been previously approved by the law-enforcement agency having primary jurisdiction over the area in which the pawnbroker and secondhand dealer's business is located.

(b)(1) Every scrap metal processor shall create a record and provide information on a form to be supplied by the Delaware State Police or on another form that has been previously approved by the law-enforcement agency having primary jurisdiction over the area in which the scrap metal processor's business is located with respect to the following articles purchased or otherwise acquired:

a. Copper;

b. Silver;

c. Gold;

d. Brass;

e. Platinum; or

f. Bronze.

(2) Such record shall include, at a minimum, the following information:

a. The date and time of purchase;

b. The type and grade of scrap metal;

c. If payment is based on weight, the weight of each type and grade of scrap metal;

d. The amount or other consideration for the scrap metal;

e. The registration plate number, make and model of the vehicle used in the delivery of scrap metal;

f. The name and address of the individual from whom the scrap metal is acquired;

g. The signature of:

1. The individual from whom the scrap metal is acquired; and,

2. The scrap metal processor; and

h. For each individual from whom the scrap metal processor acquires scrap metal:

1. The date of birth and driver's license; or,

2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height and weight of the individual.

(3) Scrap metal processors will collect a photograph of the seller and all information pertaining to the seller (required on the approved form) for every transaction regardless of value.

(c) Every pawnbroker, secondhand dealer and scrap metal processor shall photograph all jewelry which is purchased or otherwise acquired in the course of their business.The photographs shall allow the jewelry to be identifiable to the owner if the jewelry was stolen.

(c) (d) The forms and photographs required by subsections (a), and (b), and (c) of this section shall be completed immediately after any articles or goods have been purchased or acquired and shall be submitted electronically by noon the next business day, in a format to be determined by the Secretary of the Department of Safety and Homeland Security, to the law-enforcement agency having primary jurisdiction over the area in which the business is located. Forms submitted under this section shall be kept confidential and are not public records.

(d) (e) Pawnbrokers, secondhand dealers and scrap metal processors shall record the name of the person making the record entry and shall make that information available to police.

(e) (f) The information provided on the forms under this section shall be stored and maintained by the pawnbroker, secondhand dealer or scrap metal processor for a period of 1 year and shall be provided to police immediately upon request.

(f) (g) The Secretary of the Department of Safety and Homeland Security may promulgate rules and regulations that allow for the completion and filing of electronic forms and information.

Section 2.Amend §2305, Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

(a) Every pawnbroker, secondhand dealer and scrap metal processor subject to this chapter shall maintain at a place of business designated on the license records of all information required by this chapter, together with a photocopy of government-issued photo identification and all photographs of jewelry required by §2302 of this Chapter, for a period of at least 1 year from the date the transaction was recorded.

(b) The records required to be maintained in subsection (a) of this section shall, during regular business hours, be subject to inspection by a law-enforcement officer of Delaware, or by the Attorney General or any Deputy Attorney General.

(c) Such inspection shall consist of an examination on the premises of the inventory and required records to determine whether the records and inventory are being maintained on the premises as required by this chapter.

SYNOPSIS

This Act required pawnbrokers, secondhand dealers and scrap metal processors to photograph all jewelry which they purchase or otherwise acquire.

Author: Sen. Sokola