Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | September 30, 2013 07:55 AM |
|---|---|
| From: | Representative Ted Harhai |
| To: | All House members |
| Subject: | Co-sponsorship Legislation: Enforcement of Stolen Property at Pawn Shops |
| In the near future, I plan to introduce legislation that amends Pennsylvania’s Pawnbrokers License Act with special emphasis on provisions addressing how a victim can retrieve stolen property found in a pawnshop. The new language contained in the bill is designed to make the existing statute more “user-friendly” and to better educate victims of their rights. Specifically, Pennsylvania’s Pawnbrokers License Act will be amended the following ways: Registration All pawn shops must register with the Pennsylvania Department of Banking and Securities and pay $300 per license. A licensee must give written notice to the secretary and appropriate law enforcement official at least 30 days before moving a pawnshop to a new location. The pawn shop license must be amended to indicate the new location. A person applying to be a pawnbroker in Pennsylvania cannot have been convicted of a felony within the past 10 years, and cannot act as beneficial owner for a person convicted of a felony within the past 10 years. Records Pawn shops must comply with Pennsylvania regulations requiring records to be kept about every sale at the pawn shop. A "transaction form" must be completed at the time of the transaction, specifying detailed information about the item pawned, and identifying information about the person pawning the item, including a thumbprint. The transaction form must also disclose pawn finance terms, and a description of the seller including the name, address, physical description and right thumbprint of the seller. These records must be kept by the pawn shop for at least one year. The pledger or seller of item(s) must sign a statement stating that the items being sold are not stolen, has no liens or encumbrances against it, and that the pledger or seller is the rightful owner of the goods and has the right to enter into transaction. Record Inspections The pawnbroker must keep all items for a period of 30 days before selling. During this 30 day period, the pawnbroker shall make all pledged and purchased goods and all records relating to such goods available for inspection by the appropriate law enforcement official during normal business hours. Any person who knowingly provides false verification of ownership or identification to a pawnbroker in the course of pawn or purchase and receives compensation in exchange for personal property commits the following:
Stolen Property A section is added to Pennsylvania’s Pawnbrokers License Act for recovering stolen property found in pawn shops. Any person who believes property stolen from him or her has been sold or pledged to a pawnbroker is entitled to first notify the pawnbroker. If the matter is not resolved within 10 days from notice, the claimant may petition the court to order return of the property. The pawnbroker is required to hold the property until the dispute is settled. In addition, the section authorizes a law enforcement official who has probable cause to believe that property in the possession of a pawnbroker is misappropriated, to place a written hold order on the property. The order may be up to 90 days, unless victims “buy back” their property because they have extended by court order. I hope you join me in tightening the Pennsylvania’s Pawnbrokers License Act. |
||
| View Attachment | ||
Introduced as HB1836