DAR File No. 43991

Commerce, Consumer Protection

Rule R152-32a

Pawnshop and Secondhand Merchandise Transaction Information Act Rule

Notice of Proposed Rule

(Repeal)

DAR File No.: 43991
Filed: 08/14/2019 12:03:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Former Subsections 13-32a-102(26)(b)(ii) and 13-32a-112.5(1)(a) authorized the Utah Division of Consumer Protection (Division) to make rules that exempted specific classes of businesses from regulation under Title 13, Chapter 32a. Those subsections were amended by H.B. 394, passed in the 2019 General Session, and the Division no longer has authority to exempt specific classes of businesses from regulation. Thus, the Division is repealing this rule.

Summary of the rule or change:

This rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 13-2-5
• Section 13-32a-102
• Section 13-32a-112.5

Anticipated cost or savings to:

the state budget:

There is no anticipated net impact to the state budget.

local governments:

There is no anticipated net impact on local governments.

small businesses:

No fiscal impact to small businesses is expected because this rule has been statutorily superseded.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated net impact to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There is no anticipated change in compliance costs for affected persons. All classes of businesses that were exempted by this rule are now exempt by statute, see Subsection 13-32a-102(29)(c).

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to non-small businesses is expected because Rule R152-32a has been statutorily superseded. The repeal of this rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures that were not already accounted for by the fiscal note related to H.B. 394 (2019).

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Consumer Protection
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Daniel Larsen at the above address, by phone at 801-530-6145, by FAX at , or by Internet E-mail at dblarsen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2019

This rule may become effective on:

10/08/2019

Authorized by:

Daniel O'Bannon, Director

Appendix 1: Regulatory Impact Summary Table

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

No fiscal impact to non-small businesses is expected because Rule R152-32a has been statutorily superseded. The repeal of this rule is not expected to have any fiscal impact on non-small businesses’ revenues or expenditures that were not already accounted for by the fiscal note to H.B. 394, passed in the 2019 General Session.

 

The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

 

 

R152. Commerce, Consumer Protection.

[R152-32a. Pawnshop and Secondhand Merchandise Transaction Information Act Rule.

R152-32a-1. Authority.

These rules are promulgated pursuant to Utah Code 13-2-5(1) and 13-32a-102.5(1) to facilitate the orderly administration of the Pawnshop and Secondhand Merchandise Transaction Information Act, Utah Code Title 13, Section 32a.

 

R152-32a-2. Exempt Businesses.

(1) The owner or operator of a business that is not a pawnbroker is exempt from the requirements of Title 13, Chapter 32a if the owner or operator deals exclusively in one or more of the following consumer products:

(a) scrap metal acquired by a scrap metal processor pursuant to Section 76-6-1402(10);

(b) antique items as defined in Section 13-32a-102(2);

(c) used furniture;

(d) used appliances;

(e) used games (i.e., card games, table-top games, and magic tricks), except as specified in this Subsection (3); and

(f) used children's products, except as specified in this Subsection (3).

(2) The owner or operator of a business that is not a pawnbroker shall comply with Title 13, Chapter 32a if the owner or operator buys or sells a used or secondhand item that is other than an exempt item pursuant to this Subsection (1).

(3) Notwithstanding the exemptions listed in this Subsection (1), the following consumer products are not exempt from the registration, uploading, retention, and other requirements of Title 13, Chapter 32a:

(a) sports trading cards;

(b) electronic games, video games, and gaming systems;

(c) electronic and acoustic musical instruments (non-toys);

(d) motorized ride-on scooters/vehicles, whether titled or non-titled;

(e) bicycles/scooters designed for use on a public street;

(f) golfing, snow skiing, snowboarding, or water skiing equipment (non-toys);

(g) rare or collectible toys (i.e., trading cards, original issue versions of classic games, and dolls or decorations that are signed or numbered);

(h) child transport devices, including:

(i) strollers and jogging strollers;

(ii) bicycle trailers;

(iii) car seats; and

(iv) baby backpacks, frontpacks, and similar strap-on carriers; and

(i) any item reasonably similar to a consumer product listed in this Subsection (3).

 

KEY: pawnshops, consumer protection, secondhand merchandise dealers

Date of Enactment or Last Substantive Amendment: October 16, 2014

Notice of Continuation: May 17, 2018

Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-32a-102(23); 13-32a-112.5]