HOUSE AMENDED
PRIOR PRINTER'S NOS. 307, 633 PRINTER'S NO. 1252
No. 288 Session of 1983
INTRODUCED BY BELL, HOWARD, BODACK, GREENLEAF AND FISHER,
FEBRUARY 16, 1983
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1983
AN ACT
1 Regulating the purchase and sale of precious metals.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Dealer in precious metals." An individual, partnership,
9 association, corporation or business entity, who or which
10 purchases precious metals from the general public for resale or
11 refining or any individual who acts as agent for such
12 individual, partnership, association, corporation or business
13 entity for such purchase or purchases. Excluded from this
14 definition are financial institutions licensed under Federal or
15 State banking laws, THE PURCHASER OF PRECIOUS METALS WHO <--
16 PURCHASES FROM A SELLER SEEKING A TRADE-IN OR ALLOWANCE, items
1 composed, in whole or in part, of gold, silver or platinum and
2 the purchaser of precious metals for his, her or its own use or
3 ownership.
4 "Gold." Any alloy of the element gold, ten karat or of
5 greater fineness. A karat is 1/24 part, by weight, of the alloy
6 of the metallic element gold.
7 "Platinum." Any alloy of the element platinum, 750/1000 or
8 more parts per thousand, by weight, of pure platinum.
9 "Precious metals." Items containing or being of gold, silver
10 or platinum, including, but not limited to, jewelry and silver
11 services, but excluding coins, ingots, bullion or photographic
12 film or any article containing less than 5% of gold, silver or
13 platinum by weight.
14 "Silver." Any alloy of the element silver, 900/1000 or more
15 parts per thousand, by weight, of pure silver.
16 "Working days." Excludes Saturdays, Sundays and Federal or
17 State legal holidays.
18 Section 2. License required.
19 (a) Dealer.--A dealer in precious metals shall obtain a
20 license from the sheriff of each and every county in which the
21 dealer purchases precious metals.
22 (b) Application form.--The application for such license
23 shall be on a form as prescribed in regulations promulgated by
24 the Attorney General.
25 (c) License fee.--The license fee shall not exceed $50 per
26 year as set by the Attorney General. Such fee shall be paid into
27 the Treasury of the county, where the license is issued, for the
28 use of the county.
29 (d) Duration of license.--The license shall be for one year.
30 (e) Application to be public record.--Such license
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1 application shall be a public record available to the general
2 public for inspection.
3 Section 3. Records of transactions.
4 (a) Dealers to keep record.--Every dealer in precious metals
5 shall keep a record of every transaction upon a form approved by
6 the Attorney General. The record shall include as a minimum:
7 (1) The name, age and address of the seller, which must
8 be verified by said dealer requiring proof of identity from
9 the seller sufficient to insure the accuracy of the
10 represented name and address of the seller.
11 (2) An accurate description of the property purchased,
12 including any serial number or other identifying marks or
13 symbols and the date and hour of the transaction.
14 (b) Record to be maintained.--Said record shall be
15 maintained by the dealer in precious metals for a period of one
16 year from the date of the transaction and shall be available for
17 inspection by any law enforcement official of the Federal
18 Government, the Commonwealth or any of its municipalities.
19 (c) Copy of record to district attorney.--A copy of every
20 record of transaction shall be delivered or mailed to the
21 district attorney of the county in which a purchase of precious
22 metals is made by the close of the next working day after the
23 day on which the metal was purchased.
24 (d) Copy of record to police department in lieu of district
25 attorney.--The district attorney may authorize such records to
26 be delivered or mailed to the police department of the
27 municipality in which the precious metal was purchased in lieu
28 of delivery or mailing to the district attorney.
29 (e) Time and manner of keeping records.--The Attorney
30 General shall by regulation prescribe the time and manner in
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1 which such records shall be maintained and the person or persons
2 to whom such records shall be available.
3 Section 4. Dealer's retention of precious metal and
4 availability for inspection.
5 (a) Precious metal to be retained for five days.--Each item
6 of precious metal purchased by a dealer in precious metals shall
7 be retained in unaltered condition for five full working days
8 after report of its purchase has been filed with the proper
9 district attorney or his designee.
10 (b) Precious metal to be available for inspection.--Such
11 item of precious metal shall be available for inspection, during
12 the five working days, by law enforcement officials of the
13 Federal Government, the Commonwealth or any of its
14 municipalities in the course of their law enforcement duties. A
15 search warrant shall not be required unless the inspection is
16 made during hours other than those when the dealer in precious
17 metals is open for business.
18 (c) Law enforcement officials to give notice when they
19 believe item was stolen.--If a law enforcement official has
20 probable cause to believe an item of precious metal has been
21 stolen, he may give written notice to the dealer in precious
22 metals. Upon receipt of such written notice, such dealer in
23 precious metals shall retain the item in unaltered condition for
24 an additional seven days, unless the law enforcement officer in
25 writing recalls such notice.
26 (d) Court may order dealer to retain items.--Upon
27 application of the district attorney, any court of proper
28 jurisdiction, under its powers presently prescribed by law, may
29 order the dealer in precious metals to retain such item or items
30 of precious metal at such place and under such conditions as the
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1 court may decree.
2 (e) Where items to be retained.--Each item of precious metal
3 to be retained, pursuant to this section, shall be retained
4 within the county of purchase at the location where purchased by
5 the dealer in precious metals, unless authorized in writing by
6 the district attorney or his designee to be retained elsewhere.
7 Section 5. Purchases from minors.
8 The dealer in precious metals shall require any minor seeking
9 to sell precious metals to produce written authority of a
10 parent, guardian or person in loco parentis authorizing the sale
11 of such precious metals. Such authorization shall give name and
12 address of authorizing person. The dealer in precious metals
13 shall verify that such sale is authorized by inquiry of such
14 parent, guardian or person in loco parentis. Minors shall be
15 required to wait three full working days before receiving
16 payment from the sale of precious metals.
17 Section 6. Posting of prices.
18 Prices for the purchase of precious metals shall be posted by
19 the dealer in precious metals in compliance with rules and
20 regulations promulgated or to be promulgated by the Department
21 of Agriculture.
22 Section 7. Scales and weighing devices.
23 (a) Rules and regulations of Department of Agriculture.--
24 Scales and other weighing or measuring devices used by dealers
25 in precious metals shall be in accordance with rules and
26 regulations promulgated or to be promulgated by the Department
27 of Agriculture.
28 (b) Supervision and inspection of scales.--Supervision and
29 inspection of such scales and weighing or measuring devices
30 shall be made by the appropriate State or municipal officers as
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1 authorized by law or by the Department of Agriculture.
2 Section 8. Local ordinances.
3 This act shall not supersede or preclude the adoption of any
4 municipal ordinance applicable to dealers in precious metals
5 provided that such municipal ordinance meets the minimum
6 requirements of this act.
7 Section 9. Inspection of licensee.
8 The acceptance of a license by a dealer in precious metals
9 implies consent to inspections of his, her or its premises by
10 law enforcement officials and officials authorized to enforce
11 laws and regulations pertaining to weights and measures. Such
12 inspections shall pertain to items of precious metals and to
13 scales and weighing or measuring devices.
14 Section 10. Penalty.
15 (a) Unlicensed dealers.--The purchase of an item of precious
16 metal by an unlicensed dealer in precious metals shall
17 constitute a violation of this act and the dealer shall be
18 guilty of a misdemeanor of the third degree.
19 (b) Licensed dealers.--Any licensed dealer in precious
20 metals who violates any provisions of this act shall be guilty
21 of a misdemeanor of the third degree.
22 Section 11. Severability.
23 If any provision of this act or the application thereof to
24 any person or circumstances is held invalid, such invalidity
25 shall not affect other provisions or applications of the act
26 which can be given effect without the invalid provision or
27 application, and to this end the provisions of this act are
28 declared to be severable.
29 Section 12. Application.
30 This act shall not be enforced until appropriate regulations
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1 are promulgated by the Attorney General and the Department of
2 Agriculture.
3 Section 13. Effective date.
4 This act shall take effect immediately.
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