AN ACT to amend the Indiana Code concerning trade regulations; consumer sales and
credit.
jewelry used by a customer as a trade-in toward the purchase of a
new piece of jewelry.
Sec. 3. (a) A jeweler shall keep and use in the jeweler's business
the books, accounts, and records necessary to determine whether
the jeweler is complying with this chapter.
(b) A jeweler shall preserve the books, accounts, and records,
including cards used in the card system, for at least two (2) years
after making the final entry on any purchase recorded.
(c) The jeweler shall keep the books and records so that the
business of purchasing for resale of used jewelry may be readily
separated and distinguished from any other business in which the
jeweler is engaged.
(d) If a jeweler, in the conduct of the business, purchases an
article of used jewelry from a seller, the purchase shall be
evidenced by a bill of sale properly signed by the seller. All bills of
sale must be in duplicate and must list the following separate items:
(1) Date of sale.
(2) Amount of consideration.
(3) Name of jeweler.
(4) Description of each article of used jewelry sold. However,
if multiple articles of used jewelry of a similar nature are
delivered together in one (1) transaction, the description of
the articles is adequate if the description contains the quantity
of the articles delivered and a physical description of the type
of articles delivered, including any unique identifying marks,
numbers, names, letters, or special features.
(5) Signature of seller.
(6) Address of seller.
(7) Date of birth of the seller.
(8) The type of government issued identification used to verify
the identity of the seller, together with the name of the
governmental agency that issued the identification and the
identification number present on the government issued
identification.
(e) The original copy of the bill of sale shall be retained by the
jeweler. The second copy shall be delivered to the seller by the
jeweler at the time of sale. The heading on all bill of sale forms
must be in boldface type.
Sec. 4. (a) The jeweler shall make the records and information
under section 3 of this chapter available for examination upon the
request of a law enforcement agency (as defined in IC 5-2-5-1).
(b) The law enforcement agency under subsection (a) shall
determine if:
(1) the records are sufficient; and
(2) the jeweler has made the information reasonably
available.
Sec. 5. A jeweler may not purchase used jewelry:
(1) from an individual less than eighteen (18) years of age; or
(2) that the jeweler believes or should have reason to believe
is stolen property acquired as a result of a crime.
Sec. 6. A person who violates this chapter commits a Class A
misdemeanor.
Sec. 7. (a) Records and information generated by a jeweler in
the course of business are confidential under IC 5-14-3-4.
(b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may
obtain or receive records and information described in subsection
(a) relating to the purchase of used jewelry for use in investigating
crime.
(c) Law enforcement officials may disclose the name and
address of the jeweler to an adverse claimant in the case of a
dispute over ownership of property in possession of the jeweler.