AB640: Bill Text

AB640,3 Section 3. 134.71 (1) (h) 3. of the statutes is amended to read:

AB640,3,14 134.71 (1) (h) 3. Any transaction entered into by a person while engaged in a business of smelting, refining, assaying or manufacturing precious metals, gems, or valuable articles if the person has no retail purchasing, selling, receiving, or exchanging operation open to the public.

AB640,4 Section 4. 134.71 (4) of the statutes is amended to read:

AB640,4,5 134.71 (4) License for secondhand jewelry dealer. No person may operate as a secondhand jewelry dealer unless the person first obtains a secondhand jewelry dealer's license under this section. A license issued to a secondhand jewelry dealer by the governing body of a municipality authorizes the licensee to operate as a secondhand jewelry dealer anywhere in the state in that municipality.

AB640,5 Section 5. 134.71 (5) (intro.) of the statutes is amended to read:

AB640,4,12 134.71 (5) License application. (intro.) A person wishing to operate as a secondhand article dealer or a secondhand jewelry dealer and have a principal place of business in a municipality shall apply for a license to the clerk of that municipality. A person wishing to operate as a pawnbroker or secondhand jewelry dealer in a municipality shall apply for a license to the clerk of the municipality. The clerk shall furnish application forms under sub. (12) that shall require all of the following:

AB640,6 Section 6. 134.71 (8) (c) 1. of the statutes is amended to read:

AB640,4,25 134.71 (8) (c) 1. Except as provided in subd. 2. and par. (e) 3., for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under sub. (12). No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original and a duplicate of each form for not less than one year after the date of the transaction except as provided in par. (e) 1., and during that period shall make the duplicate available to any law enforcement officer for inspection at any time that the pawnbroker's, secondhand article dealer's, or secondhand jewelry dealer's principal place of business is open to the public or at any other reasonable time.

AB640,7 Section 7. 134.71 (8) (c) 2. of the statutes is amended to read:

AB640,5,18 134.71 (8) (c) 2. For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory the secondhand article dealer shall record the name and address of each customer, the date, time and place of the transaction and a detailed description of the article which is the subject of the transaction, including the article's serial number and model number, if any. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction except as provided in par. (e) 1., and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any time that the secondhand article dealer's principal place of business is open to the public or at any other reasonable time.

AB640,8 Section 8. 134.71 (8) (d) 1. of the statutes is amended to read:

AB640,5,24 134.71 (8) (d) 1. Except as provided in subds. 3m. and 5., any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.

AB640,9 Section 9. 134.71 (8) (d) 3. of the statutes is amended to read:

AB640,6,7 134.71 (8) (d) 3. Except as provided in subds. 3m. and subd. 5., any secondhand jewelry purchased or received by a pawnbroker or secondhand jewelry dealer shall be kept on the pawnbroker's or secondhand jewelry dealer's premises or other place for safekeeping for not less than 21 28 days after the date of purchase or receipt that the pawnbroker or secondhand jewelry dealer makes a report regarding the secondhand jewelry under par. (e) 2. or, if applicable, the date specified in a notice provided by a law enforcement agency under par. (e) 2.

AB640,10 Section 10. 134.71 (8) (d) 3m. of the statutes is amended to read:

AB640,6,16 134.71 (8) (d) 3m. If a pawnbroker, or secondhand article dealer, or secondhand jewelry dealer is required to submit a report under par. (e) 1. concerning a secondhand article or secondhand jewelry purchased or received by the pawnbroker, or secondhand article dealer, or secondhand jewelry dealer and the report is required to be submitted in an electronic format, the secondhand article or secondhand jewelry shall be kept on the pawnbroker's, or secondhand article dealer's, or secondhand jewelry dealer's premises or other place for safekeeping for not less than 7 days after the report is submitted.

AB640,11 Section 11. 134.71 (8) (e) (title) of the statutes is amended to read:

AB640,6,18 134.71 (8) (e) (title) Report to law Law enforcement agency reports .

AB640,12 Section 12. 134.71 (8) (e) of the statutes is renumbered 134.71 (8) (e) 1. and amended to read:

AB640,7,2 134.71 (8) (e) 1. Within Except as provided in subd. 3., within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available, for inspection by a law enforcement officer, the original form completed under par. (c) 1. or the inventory under par. (c) 2., whichever is appropriate. Notwithstanding s. 19.35 (1), a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.

AB640,13 Section 13. 134.71 (8) (e) 2. of the statutes is created to read:

AB640,7,18 134.71 (8) (e) 2. The law enforcement agency of a county or municipality shall require each pawnbroker and secondhand jewelry dealer licensed by the county or municipality to participate in a system specified by the county or municipality for electronically reporting each transaction of purchase, receipt, or exchange of secondhand jewelry from a customer. The law enforcement agency may specify a system only if the system provides for digitally photographing each item or component of secondhand jewelry that is subject to a transaction. The law enforcement agency may require that a pawnbroker or secondhand jewelry dealer directly report transactions to the system or provide information or make other arrangements necessary for the law enforcement agency to report transactions to the system on behalf of the pawnbroker or secondhand jewelry dealer. If a law enforcement agency makes reports on behalf of a pawnbroker or secondhand jewelry dealer, the law enforcement agency shall provide notice to the pawnbroker or secondhand jewelry dealer of the date on which the law enforcement agency reports a transaction to the system.

AB640,14 Section 14. 134.71 (8) (e) 3. of the statutes is created to read:

AB640,7,25 134.71 (8) (e) 3. If a law enforcement agency determines that compliance with subd. 2. renders compliance with any requirement regarding secondhand jewelry under par. (c) 1. or subd. 1. unnecessary, the law enforcement agency may waive compliance with the requirement and provide written notice of the waiver to pawnbrokers and secondhand jewelry dealers who are subject to the law enforcement agency's jurisdiction.

AB640,15 Section 15. 134.71 (14) of the statutes is renumbered 134.71 (14) (a).

AB640,16 Section 16. 134.71 (14) (b) of the statutes is created to read:

AB640,8,5 134.71 (14) (b) An ordinance enacted by a county under par. (a) applies in a city, village, or town in the county only if the city, village, or town does not have in effect an ordinance that the city, village, or town has enacted under par. (a).

AB640,17 Section 17. Initial applicability.

AB640,8,11 (1) The treatment of section 134.71 (1) (c) and (h) 3. and (8) (c) 1. and (d) 1., 3., and 3m. of the statutes, the renumbering and amendment of section 134.71 (8) (e) of the statutes, and the creation of section 134.71 (8) (e) 2. of the statutes first apply to purchases, receipts, exchanges, and other transactions that occur on the effective date of this subsection.

AB640,18 Section 18. Effective date.

AB640,8,14 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB640,8,15 (End)