Bill Text: IN HB1177 | 2013 | Regular Session | Introduced
Bill Title: Secondhand shops.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-01-28 - Representative Riecken added as coauthor [HB1177 Detail]
Download: Indiana-2013-HB1177-Introduced.html
Citations Affected: IC 24-4-19.
Synopsis: Secondhand shops. Requires certain persons who purchase
secondhand goods for resale to: (1) maintain a log containing the
identity of the seller and a description of the secondhand goods; (2)
photograph the seller and the secondhand goods; and (3) keep the
goods separate from other goods for 10 business days. Provides that the
state police department shall publish on its Internet web site: (1) forms
to be used by secondhand dealers to record transactions; (2) a list of
secondhand property that is particularly susceptible to theft; and (3)
relevant statutes and rules concerning the purchase of secondhand
property. Requires a secondhand goods merchant to register annually
with the secretary of state and certain local law enforcement agencies
before the secondhand goods merchant may engage in business in
Indiana. Makes a violation of the secondhand goods statute a Class B
infraction.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Chapter 19. Secondhand Goods
Sec. 1. This chapter does not apply to the following:
(1) A secondhand goods merchant in a venue specifically exempted from this chapter by a resolution or ordinance adopted by the legislative body of a municipality (as defined in IC 36-1-2-11) or a county.
(2) A valuable metal dealer.
(3) A pawnbroker.
Sec. 2. A provision of this chapter applies to a secondhand goods merchant or secondhand property transaction specifically regulated by another provision of the Indiana Code (including an architectural salvage material dealer (IC 24-4-16), a dealer in used jewelry (IC 24-4-13), and a dealer in secondhand watches (IC 24-4-3)) unless the provision of this chapter conflicts with a
more specific statute regulating that person or transaction.
Sec. 3. The following definitions apply throughout this chapter:
(1) "Secondhand goods merchant" means a person who
purchases secondhand property for resale. The term does not
include a person who purchases secondhand property for
resale on fewer than five (5) days per calendar year.
(2) "Secondhand property" means a used or secondhand item
of tangible personal property. The term does not include
property:
(A) sold on consignment; or
(B) required to be titled or registered.
Sec. 4. (a) Unless exempted by this chapter, every secondhand
goods merchant in Indiana shall enter, on forms provided under
section 7 of this chapter by the state police department, for each
purchase of secondhand property the following information:
(1) The name and address of the merchant.
(2) The date and place of the purchase.
(3) The name, address, and age of the person from whom the
secondhand property is purchased.
(4) The secondhand goods merchant shall verify the identity
of the person from whom the secondhand property is
purchased by use of a government issued photographic
identification. The merchant shall enter on the form the type
of government issued photographic identification used to
verify the identity of the person from whom the secondhand
property is purchased, together with the:
(A) name of the government agency that issued the
photographic identification; and
(B) identification number present on the government
issued photographic identification.
(5) The motor vehicle license number of the vehicle used to
deliver the secondhand property to the merchant.
(6) The price paid for the secondhand property.
(7) A description of the secondhand property purchased.
(8) The source of the secondhand property.
(9) The photograph described in subsection (b).
After entering the information required by this subsection, the
secondhand goods merchant shall require the person from whom
the secondhand property is purchased to sign the form and verify
its accuracy.
(b) In addition to collecting the information described in
subsection (a), a secondhand goods merchant shall take a
photograph of:
(1) the person from whom the secondhand property is being
purchased; and
(2) the secondhand property.
(c) A secondhand goods merchant shall make and retain a copy
of the government issued photographic identification, described
under subsection (a)(4), used to verify the identity of the person
from whom secondhand property is purchased and the photograph
described in subsection (b). However, a secondhand goods
merchant is not required to make a copy of a government issued
photographic identification used under subsection (a)(4) to verify
the identity of the person from whom secondhand property is
purchased if the secondhand goods merchant has retained a copy
of the person's government issued photographic identification from
a prior purchase from the person by the secondhand goods
merchant.
(d) The completed form, the photograph described in subsection
(b), and the copy of the government issued photographic
identification described in subsection (c) shall be kept in a separate
book or register by the secondhand goods merchant and shall be
retained for a period of two (2) years. This book or register shall
be made available for inspection by any law enforcement official
at any time.
Sec. 5. The superintendent of the state police department may
adopt rules under IC 4-22-2 necessary to administer and enforce
the provisions and intent of this chapter.
Sec. 6. Unless exempted by this chapter, every secondhand goods
merchant shall hold each article of secondhand property purchased
by the secondhand goods merchant for at least ten (10) business
days after the date of purchase:
(1) at the secondhand goods merchant's regular place of
business; and
(2) separate and apart, so that it is readily identifiable from
other articles purchased by the secondhand goods merchant.
During this period, a secondhand goods merchant may not sell or
change the form of the secondhand property and shall permit any
law enforcement officer to make inspection of the secondhand
property.
Sec. 7. The state police department shall publish the following
on the state police department's Internet web site:
(1) The forms described in section 4(a) of this chapter to be
used by a secondhand goods merchant when purchasing
secondhand property.
(2) A list that describes secondhand property that is
particularly susceptible to theft.
(3) The:
(A) statutes; and
(B) rules adopted by the superintendent of the state police
department under section 5 of this chapter;
concerning the regulation of secondhand goods merchants.
Sec. 8. (a) A secondhand goods merchant must submit a
registration to the secretary of state one (1) time every twelve (12)
months that includes the following:
(1) The name of the secondhand goods merchant.
(2) The addresses of all temporary and permanent places of
business owned or leased by the secondhand goods merchant
in Indiana.
(3) Any other information required by the secretary of state.
(4) A registration fee of one hundred dollars ($100).
(b) A secondhand goods merchant must submit a registration to
a law enforcement agency one (1) time every twelve (12) months
for each temporary and permanent place of business owned or
leased by the secondhand goods merchant in Indiana as follows:
(1) If the place of business is located in a municipality that
maintains a law enforcement agency, the registration shall be
submitted to the law enforcement agency of the municipality.
(2) If the place of business is not located in a municipality that
maintains a law enforcement agency, the registration shall be
submitted to the sheriff of the county in which the place of
business is located.
A registration submitted to a law enforcement agency under this
subsection must include the name of the secondhand goods
merchant, the address of the place of business, any other
information required by the law enforcement agency, and a
registration fee of fifty dollars ($50). However, if more than one (1)
place of business is registered with the same law enforcement
agency, the secondhand goods merchant must pay only one (1)
registration fee of fifty dollars ($50) to register all the places of
business with the law enforcement agency.
Sec. 9. A secondhand goods merchant who fails to comply with
this chapter commits a Class B infraction.
