1Amending the act of February 24, 1984 (P.L.92, No.17), entitled
2"An act regulating the purchase and sale of precious metals,"
3further providing for <-definitions, for records of
4transactions, for dealer's retention of precious metal and
5availability for inspection and for penalties.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Sections 3(a), 4(a) and 10 of the act of February
924, 1984 (P.L.92, No.17), referred to as the Precious Metal Sale
10Regulation Law, are amended to read:

<-11Section 1. Section 1 of the act of February 24, 1984
12(P.L.92, No.17), referred to as the Precious Metal Sale
13Regulation Law, is amended by adding a definition to read:

14Section 1. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18* * *

1"Proof of identity. A document that:

2(1) shows the name of the seller;

3(2) shows a photograph of the seller;

4(3) shows the address of the seller;

5(4) includes an expiration date and is not expired; and

6(5) was issued by the United States Government, any
7state of the United States, the District of Columbia, the
8Commonwealth of Puerto Rico or any territory of the United
9States.

10* * *

11Section 2. Sections 3(a), 4(a) and (b), 5 and 10 of the act
12are amended to read:

13Section 3. Records of transactions.

14(a) Dealers to keep record.--Every dealer in precious metals
15shall keep a record of every transaction upon a form approved by
16the Attorney General. The record shall include as a minimum:

17(1) The name, age and address of the seller which must
18be verified by said dealer, requiring proof of identity from
19the seller sufficient to insure the accuracy of the
20represented name and address of the seller. <-The proof of 
21identity provided shall include a photograph.

22(2) An accurate description of the property purchased,
23including any serial number or other identifying marks or
24symbols and the date and hour of the transaction.

<-25(3) A photograph of the property purchased.

26(4) A photocopy of the seller's proof of identity.

27(5) The seller's and dealer's signature for each
28transaction.

29(6) Written authority and proof of identity of the
30seller's parent, guardian or person in loco parentis, if the

1seller is under 18 years of age.

2* * *

3Section 4. Dealer's retention of precious metal and
4availability for inspection.

5(a) Precious metal to be retained for [five] <-14 ten days.--
6Each item of precious metal purchased by a dealer in precious
7metals shall be retained in unaltered condition for [five full
8working] <-14 ten calendar days after report of its purchase has
9been filed with the proper district attorney or his designee.

<-10(b) Precious metal to be available for inspection.--Such 
11item of precious metal shall be available for inspection, during 
12the [five working] ten calendar days, by law enforcement 
13officials of the Federal Government, the Commonwealth or any of 
14its municipalities in the course of their law enforcement 
15duties. A search warrant shall not be required unless the 
16inspection is made during hours other than those when the dealer 
17in precious metals is open for business.

18* * *

<-19Section 5. Purchases from minors.

20The dealer in precious metals shall require any minor seeking
21to sell precious metals to produce written authority and proof 
22of identity of a parent, guardian or person in loco parentis
23authorizing the sale of such precious metals. Such authorization
24shall give the name and address of authorizing person. The
25dealer in precious metals shall verify that such sale is
26authorized by inquiry of such parent, guardian or person in loco
27parentis. Minors shall be required to wait three full working
28days before receiving payment from the sale of precious metals.

29Section 10. Penalty.

30(a) Unlicensed dealers.--The purchase of an item of precious

1metal by an unlicensed dealer in precious metals shall
2constitute a violation of this act and the dealer shall be
3guilty of a misdemeanor of the [third] first degree.

4(b) Licensed dealers.--Any licensed dealer in precious
5metals who violates any provisions of this act shall be guilty
6of a misdemeanor of the [third] first degree.

7(c) Revocation of license and ineligibility.--Any
8individual, partnership, association, corporation or business
9entity violating any provisions of this act shall, upon
10conviction, in addition to the penalties set forth in
11subsections (a) and (b) hereof, suffer immediately revocation of
12any existing license issued pursuant to the provisions of this
13act and shall be ineligible to apply for a dealer's license 
14under this act for a period of [five] ten years thereafter.

15Section <-2 3. This act shall take effect in 60 days.