PRINTER'S NO. 648
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
579
Session of
2015
INTRODUCED BY SACCONE, V. BROWN, GODSHALL, COHEN, IRVIN AND
MOUL, FEBRUARY 23, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 23, 2015
AN ACT
Amending the act of February 24, 1984 (P.L.92, No.17), entitled
"An act regulating the purchase and sale of precious metals,"
further providing for definitions, for license required, for
records of transactions, for dealer's retention of precious
metal and availability for inspection and for purchases from
minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of February 24, 1984
(P.L.92, No.17), referred to as the Precious Metal Sale
Regulation Law, is amended by adding a definition to read:
Section 1. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Proof of identity." An unexpired document issued by the
Federal Government, the Commonwealth or any other state
government, the District of Columbia, the Commonwealth of Puerto
Rico or any United States territory that includes all of the
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following:
(1) The name, age and address of the seller.
(2) A photograph of the seller.
(3) An expiration date.
* * *
Section 2. Sections 2(e), 3(a), 4(a) and (b) and 5 of the
act are amended to read:
Section 2. License required.
* * *
(e) Application to be public record.--[Such] A dealer's
annual license application shall be a public record maintained
at the dealer's place of business and shall be made available
to the general public for inspection upon request.
Section 3. Records of transactions.
(a) Dealers to keep record.--Every dealer in precious metals
shall keep a record of every transaction upon a form approved by
the Attorney General. The record shall include as a minimum:
(1) [The name, age and address of the seller which must
be verified by said dealer, requiring proof of identity from
the seller sufficient to insure the accuracy of the
represented name and address] A photocopy of the proof of
identity of the seller. If the seller is under 18 years of
age, written authority by the seller's parent, guardian or
person in loco parentis shall also be required.
(2) An accurate description of the property purchased,
including any serial number or other identifying marks or
symbols [and], the date and hour of the transaction[.] and a
photograph of each item purchased. The photograph shall be of
sufficient size and clarity to identify any distinguishing
details of a purchased item, including identifying marks,
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initials or inscriptions.
* * *
Section 4. Dealer's retention of precious metal and
availability for inspection.
(a) Precious metal to be retained for [five] ten days.--Each
item of precious metal purchased by a dealer in precious metals
shall be retained in unaltered condition for [five] ten full
working days after report of its purchase has been filed with
the proper district attorney or his designee.
(b) Precious metal to be available for inspection.--Such
item of precious metal shall be available for inspection, during
the [five] ten working days, by law enforcement officials of the
Federal Government, the Commonwealth or any of its
municipalities in the course of their law enforcement duties. A
search warrant shall not be required unless the inspection is
made during hours other than those when the dealer in precious
metals is open for business.
* * *
Section 5. Purchases from minors.
The dealer in precious metals shall require any minor seeking
to sell precious metals to produce proof of identity and written
authority of a parent, guardian or person in loco parentis
authorizing the sale of such precious metals. [Such
authorization shall give the name and address of authorizing
person.] The dealer in precious metals shall verify that such
sale is authorized by [inquiry of such] contacting the parent,
guardian or person in loco parentis. Minors shall be required to
wait three full working days before receiving payment from the
sale of precious metals.
Section 3. This act shall take effect in 60 days.
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