H-3671.1HOUSEWEST BILLVIRGINIA 2309StateLEGISLATURE ofREGULAR Washington66thSESSION Legislature2020Introduced RegularHouse SessionByRepresentativeBill MacEwenPrefiled2346 01/08/20.ReadBy firstDelegates timeCooper, 01/13/20.ReferredToney, toand CommitteeClay on[Introduced ConsumerFebruary Protection13, &2025; Business.AN ACT Relating to pawnbroker and secondhand dealer transactions;

amendingreferred RCWto 19.60.020;the Committee on the Government Organization then the Judiciary] Intr HB 2025R1805 A BILL to amend and reenact §47-26-1, §47-26-2, §47-26-3, and §47-26-4 of the Code of West Virginia, 1931, as amended;

reenacting and amendingto RCWamend 19.60.066;said code by adding thereto a new section, designated §47-26-5, relating to pawnbrokers;

addingproviding adefinitions; new section to chapter 19.60 RCW;

andrequiring prescribinga penalties.BEphotograph; IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

1.increasing amount of fines for violations;

RCWreporting 19.60.020requirements and 2017 c 169 s 2 are each amended to readlocal aslaw- follows:(1) Every pawnbroker and secondhand dealer doing business in this state shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information:(a) The signature of the person with whom the transaction is made;(b) The date of the transaction;(c) The name of the person or employee or the identification number of the person or employee conducting the transaction, as required by the applicable chief of police or the county's chief law enforcement officer;(d)officials; The name, date of birth, sex, height, weight, race, ((and)) address, and telephone number of the person with whom the transaction is made;(e) A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color or stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun;(f) A copy of the valid sales receipt for any new property in its original packaging involved in a transaction;(g) The price paid or the amount loaned;(((g)))(h) The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified.

Atand allrequiring times,pawnbrokers oneto pieceretain the property in its original condition as delivered to the pawnbroker by the seller or pledgor for a minimum period of currentfive government-issuedbusiness picturedays identificationbefore willaltering, bedisassembling, required;reselling, destroying, reducing, smelting, or otherwise disposing of the property.

((and(h)))(i)TheBe stateit businessenacted licenseby number of the personLegislature with whom the transaction was made if the total value of propertyWest pledgedVirginia: or consigned by the person with the pawnbroker or secondhand dealer exceeds two hundred fifty dollars in any calendar year;

and(j)ARTICLE The26. nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address of the business and the name of the person or employee((,)) conducting the transaction, and the location of the property.(2) This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions, and shall be maintained wherever that business is conducted, or at the secondhand dealer's principal place of business if the transaction took place through the use of an automated kiosk, for three years following the date of the transaction.Sec.

2.PAWNBROKERS.

RCW§47-26-1. 19.60.066 and 1991 c 355 s 21 and 1991 c 323 s 10 are each reenacted and amended to read as follows:It is a gross misdemeanor under chapter 9A.20 RCW for:(1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned, or received in pledge.

InDefinitions. addition, an item shall not be accepted for pledge or a secondhand purchase where the manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered, or obliterated;(2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material matter in any book, record, or writing required to be kept under this chapter;(3) Any pawnbroker or secondhand dealer to receive any property from any person under the age of eighteen years, any person under the influence of intoxicating liquor or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past ten years whether the person is acting in his or her own behalf or as the agent of another;(4) Any pawnbroker to engage in the business of cashing or selling checks, drafts, money orders, or other commercial paper serving the same purpose unless the pawnbroker complies with the provisions of chapter 31.45 RCW;

((or))(5)(a) Any"Pawnbroker" pawnbrokermeans orany secondhandperson, dealerpartnership, toassociation purchase a gift card or storecorporation credit unless purchased at face value from an individual named on the gift card or storeemployee credit;(6)thereof Anyadvancing pawnbrokermoney orin secondhanda dealerpawn totransaction purchasein anyexchange itemfor ofcollateral new property in itsthe originalproperty packaging unless accompanied by a copy of athe validpledgor. sales receipt;

or(7)A Anypawnbroker is also a person toor violateother knowinglyentity anywho is in the business of purchasing articles made of or containing substantial amounts of gold, silver, platinum or other provisionprecious metals or jewels of thisany chapter.NEWdescription SECTION.  Sec.for the purposes of altering, disassembling, reselling, destroying, reducing, smelting, or otherwise disposing of the property into any form different from the original condition as delivered to the pawnbroker by the seller or pledgor accepts title in a purchase transaction thereof for reselling or marketing the product or portions thereof.

3.Pawnbroker does not mean any bank which is regulated by the West Virginia Division of Financial Institutions;

Athe newComptroller sectionof isthe addedCurrency to chapter 19.60 RCW to read as follows:Any person who sells to a pawnbroker or secondhand dealer property with a value in excess of twothe hundredUnited fiftyStates; dollars during any calendar year must:(1) Obtain a state business license;

and(2)the PresentFederal aDeposit validInsurance stateCorporation; business license to a pawnbroker or secondhand dealer during each transaction.--- END ---

the Board of Governors of the Federal Reserve System or any other federal or state authority;

and all affiliates thereof and any bank or savings and loan association whose deposits or accounts are eligible for insurance by the Bank Insurance Fund or the Savings Association Insurance Fund or other fund administered by the Federal Deposit Insurance Corporation all affiliates thereof, any state or federally chartered credit union, and any finance company subject to licensing and Intr HB 2025R1805 regulation by the West Virginia Division of Financial Institutions.

(b) "Pawn transaction" means a transaction between a pawnbroker and a pledgor where the pledgor's property is placed in the possession of the pawnbroker as security for money or other valuable consideration provided to the pledgor on the condition that the pledgor may pay a pawn charge and redeem his or her property within a predetermined time frame.

Pawn transactions do not include those transactions where securities, titles or printed evidence of indebtedness are used as security for the transaction.

(c) "Pledgor" means a person who delivers the pledge into the possession of a pawnbroker.

(d) "Purchase" or "purchase transaction" means the transfer and delivering of goods by a person to a pawnbroker by acquisition for value, consignment or trade for other goods.

This definition does not include purchases by pawnbrokers of items not used or intended for resale, consignment or trade of the item to another.

§47-26-2.

Purchase and Pawn Transaction Records.

(a) All pawnbrokers shall make and maintain a transaction report on all purchase or pawn transactions, except for refinance pawn transactions or merchandise bought from a manufacturer or wholesaler with an established place of business.

The required transaction report shall include the following:

(1) The date of the transaction;

(2) The name of the seller;

(3) The name of the clerk who handled the transaction;

(4) The corresponding pawn ticket number;

(5) The terms of the loan or purchase;

(6) A copy of the seller's or pledger's government photo identification and type;

Provided, That if the seller or pledger does not have a government issued photo identification, the pawnbroker shall have a photograph of the seller or pledger;

and Intr HB 2025R1805 (7) A detailed description and photograph of the property.

(b) For purposes of meeting the requirements of subsection (a) of this section, a detailed description of the property shall include the following:

(1) In the case of firearms, the description shall include the brand, model, caliber, type, and serial number;

(2) In the case of jewelry, the type of jewelry presented, the karat weight, whether it is made of white gold, yellow gold or other precious metals, and other description of the stones, shape, cut, and oddities, etc.