DAR File No. 44122

Commerce, Consumer Protection

Rule R152-32a

Pawnshop and Secondhand Merchandise Transaction Information Act Rule

Notice of Proposed Rule

(New Rule)

DAR File No.: 44122
Filed: 10/09/2019 12:02:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to specify the information capable of being transmitted electronically to the central database by a pawn or secondhand business.

Summary of the rule or change:

Pawn and secondhand businesses are required by Sections 13-32a-104 and 13-32a-104.5 to record specified information related to pawn and secondhand merchandise transactions, and are required by Section 13-32a-106 to transmit that information electronically to the central database. This rule specifies which information is capable of being transmitted electronically to the central database by a pawn or secondhand business.

Statutory or constitutional authorization for this rule:

• Subsection 13-32a-106(1)(a)
• Subsection 13-2-5(1)
• Subsection 13-32a-106(1)(b)

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any fiscal impact on state government revenues or expenditures. Any fiscal impact on state government was addressed in the fiscal note to H.B. 394, passed in the 2019 General Session.

local governments:

This rule is not expected to have any fiscal impact on local governments' revenues or expenditures because it does not create any new requirements that local governments must follow, nor does it otherwise constrain local governments.

small businesses:

This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because it does not impose requirements upon small businesses beyond what is already required by Section 13-32a-106.

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

This rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities because it does not impose requirements upon them beyond what is already required by Section 13-32a-106.

Compliance costs for affected persons:

This rule does not impose compliance costs.

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

This rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because it does not impose requirements upon businesses beyond what is already required by Section 13-32a-106.

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:

12/02/2019

This rule may become effective on:

12/09/2019

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 above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because it does not impose requirements upon businesses beyond what is already required by Section 13-32a-106.

 

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. Purpose.

(1) The purpose of this rule is to specify the information capable of being transmitted electronically to the central database.

 

R152-32a-2. Authority.

(1) This rule is enacted pursuant to Subsections 13-2-5(1) and 13-32a-106(1)(b).

 

R152-32a-3. Definitions - Reserved.

Reserved.

 

R152-32a-4. Information Capable of Being Transmitted Electronically Pursuant to Subsection 13-32a-106(1)(a).

(1) The following information is capable of being transmitted electronically to the central database:

(a) all information described by:

(i) Subsections 13-32a-104(1)(a) through 13-32a-104(1)(c);

(ii) Subsections 13-32a-104(1)(e)(i) and (ii);

(iii) Subsection 13-32a-104(1)(f);

(iv) Subsections 13-32a-104(1)(h)(i) through 13-32a-104(1)(h)(vii);

(v) Subsections 13-32a-104.5(2)(a) through 13-32a-104.5(2)(c)(ii);

(vi) Subsection 13-32a-104.5(2)(d);

(vii) Subsections 13-32a-104.5(2)(f)(i) through 13-32a-104.5(2)(f)(vi);

(viii) Subsections 13-32a-104.5(3)(a) through 13-32a-104.5(3)(b)(vi);

(ix) Subsection 13-32a-104.5(4)(a);

(x) Subsections 13-32a-104.5(4)(d) through 13-32a-104.5(4)(f); and

(xi) Subsections 13-32a-104.5(4)(h) and (i).

(2) On and after January 1, 2020, the following information is capable of being transmitted electronically to the central database:

(a) an individual's electronic legible fingerprint, as required by Subsections 13-32a-104(1)(e)(iv), 13-32a-104(6)(a)(i), 13-32a-104.5(2)(c)(iv), and 13-32a-104.5(6)(a)(i); and

(b) any color digital photograph required by Subsection 13-32a-104(7).

 

KEY: pawnshops, secondhand merchandise dealers, consumer protection, central database

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-32a-106(1)(a) and (b)