Bill Text: NJ A1888 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires certain purchasers of precious metals and jewelry to maintain certain records; grandfathers certain municipal ordinances regarding sales of used and secondhand jewelry.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Failed) 2014-02-20 - Withdrawn from Consideration [A1888 Detail]
Download: New_Jersey-2014-A1888-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires certain purchasers of precious metals and jewelry to maintain certain records; grandfathers certain municipal ordinances regarding sales of used and secondhand jewelry.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain metals and jewelry and amending P.L.1981, c.96 and P.L.2009, c.214
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1981, c.96 (C.51:6A-1) is amended to read as follows:
1. Any person in the business of buying precious metals who buys, attempts to buy or offers to buy precious metals on the basis of bulk value from any person who is not in the business of selling precious metals shall:
a. Clearly and prominently display at the point of purchase:
(1) His name and address;
(2) The price being offered or paid by the buyer for precious metals expressed as price per standard measure of weight and fineness as prescribed by the Superintendent of Weights and Measures.
b. Include his name and address in all advertisements concerning such precious metals.
c. Weigh the precious metals in plain view of the seller on State certified scales with the certificate of inspection clearly and prominently displayed.
d. Test the fineness of precious metals, if any test is so performed, in plain view of the seller.
e. Issue to the seller and keep for his own records, for not less than [1] one year, a serialized receipt for each purchase of precious metals containing the following:
(1) The name and address of the buyer;
(2) Date of the transaction;
(3) The names of the precious metals purchased;
(4) The finenesses of the precious metals purchased;
(5) The weights of the precious metals purchased;
(6) The prices paid for the precious metals at the standard measures of weight and fineness prescribed by the superintendent;
(7) The name, address and signature of the seller of the precious metals.
f. Obtain proof of identity from each person who sells precious metals to him.
g. Retain any precious metals in the form in which they were purchased for a period of not less than [2] two business days, minimum 48 hours.
h. Upon reasonable request, allow the inspection of the serialized receipts or precious metals provided for in subsections e. and g. respectively of this section by any law enforcement officer or weights and measures official.
i. Obtain a bond in an amount and form prescribed by regulations of the Office of Weights and Measures. The bond shall be obtained from a surety company authorized by law to do business in this State. The bond shall run to the State for the benefit of any person injured by the wrongful act, default, fraud or misrepresentation of the buyer of precious metals. No bond shall comply with the requirements of this subsection unless the bond contains a provision that it shall not be cancelled for any cause unless notice of intention to cancel is filed in the Office of Weights and Measures at least 30 days before the day upon which cancellation shall take effect. This subsection shall only apply to transient buyers.
j. Maintain, for not less than one year, digital photographs of the precious metals purchased.
(cf: P.L.1981, c.96, s.1)
2. Section 1 of P.L.2009, c.214 (C.2C:21-36) is amended to read as follows:
1. [No] Any person engaged in the business of retailing, wholesaling, or smelting jewelry who purchases any article of used or secondhand jewelry shall [sell or offer to sell that used or secondhand jewelry, unless that person]:
a. [Maintains] Maintain, for five years [,]:
(1) a record of the name, address and telephone number of the person from whom it was purchased; [and:
(1)] (2) a descriptive list of any used jewelry purchased from that seller, including any identifying characteristics of that jewelry; [or
(2)] (3) digital photographs of any used jewelry purchased from that seller; and
(4) a photocopy of the identification of the seller provided pursuant to subsection b. of this section;
b. [Verifies] Verify the identity of the person selling the jewelry by requesting and examining a photograph-bearing, valid State or federal issued driver's license or other government issued form of identification bearing a photograph;
c. [Delivers] Deliver, on a weekly basis, to the police department having jurisdiction in the location of that person's place of business a copy of the record of all used jewelry purchased by that person during the preceding week;
d. [Maintains] Maintain in his possession any used jewelry purchased for not less than [three] 10 business days following the delivery of the record of the purchase of that jewelry to the police department, as required by subsection c. of this section ; provided, however, that a municipal ordinance adopted prior to the effective date of P.L.2009, c.214 (January 16, 2010) may provide a longer minimum length of time to maintain possession of used or secondhand jewelry; and
e. [Maintains] Maintain, for five years, a copy of any list provided by an individual pursuant to section 2 of P.L.2009, c.214 (C.2C:21-37).
Nothing in this section shall be construed to apply to pawnbrokers licensed and regulated pursuant to the pawnbroking law, R.S.45:22-1 et seq., or sales made through an Internet website. Nothing in this section shall be construed to apply to a person engaged in retail, provided the sale of jewelry is not his primary business and further provided the person does not engage in the purchase of used or secondhand jewelry on more than three days in a calendar year.
(cf: P.L.2009, c.214, s.1)
3. This act shall take effect on the 90th day next following enactment.
STATEMENT
This bill requires persons in the business of buying precious metals to maintain digital photographs of all metals purchased for not less than one year. This bill also requires jewelry retailers, wholesalers and smelters who purchase used or secondhand jewelry to comply with certain requirements.
Under current law, there are requirements for any person in the business of buying precious metals who purchases them from a person who is not in the business of selling precious metals, which include issuing to the seller and maintaining in the buyer's records a receipt for each purchase of precious metals. This bill requires that the purchaser of the precious metals must also maintain a digital photograph of all metals purchased, in addition to a copy of the receipt.
Under current law, no person engaged in the business of retailing, wholesaling, or smelting jewelry who purchases used or secondhand jewelry shall sell or offer to sell that used or secondhand jewelry unless that person complies with certain requirements. This bill requires persons engaged in the business of retailing, wholesaling, or smelting jewelry who purchase used or secondhand jewelry to comply with certain requirements, such as maintaining records of any used or secondhand jewelry purchased, including a descriptive list, digital photographs, and a photocopy of the identification of the seller. These requirements apply regardless of whether the person engaged in the business of retailing, wholesaling, or smelting jewelry sells or offers to sell the used or secondhand jewelry.
Under the bill persons engaged in the business of retailing, wholesaling, or smelting jewelry who purchase used or secondhand jewelry must also maintain the jewelry described in the record in their possession for not less than 10 business days after delivery of the record. This bill allows municipal ordinances adopted prior to the effective date of P.L.2009, c.214 (2C:21-36 et seq.), January 16, 2010, to provide a longer minimum length of time to maintain the possession of used or secondhand jewelry. The bill does not allow for the adoption of conflicting retention ordinances subsequent to the effective date of the State law.
