First Regular Session 113th General Assembly (2003)


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     HOUSE ENROLLED ACT No. 1212



     AN ACT to amend the Indiana Code concerning trade regulations; consumer sales and credit.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 24-4-13; (03)HE1212.1.1. -->     SECTION 1. IC 24-4-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 13. Used Jewelry Sales
    Sec. 1. For purposes of this chapter:
        (1) "jewelry" means personal ornaments made of precious metals that may or may not contain precious, semiprecious, or imitation stones;
        (2) "used jewelry" means jewelry previously purchased at retail, acquired by gift, or obtained in some other fashion by a consumer that is later sold to a jeweler by a consumer or a person who has acquired jewelry from a consumer;
        (3) "jeweler" means a person engaged in the purchase and resale of jewelry;
        (4) "person" means an individual, a firm, an association, a limited liability company, a partnership, a joint stock association, a trust, or a corporation; and

         (5) "seller" means a consumer or other person who sells used jewelry to a jeweler.
    Sec. 2. A jeweler who purchases or resells used jewelry must comply with this chapter. However, this chapter does not apply to

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.


HEA 1212 _ Concur

Figure

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