An Act To Amend the Laws Governing Pawn Transactions
Maine Legislature, Session 126, LD 0071
Committee Amendment CA_A_H392 (House)
Amends: 30-A MRSA §3972

COMMITTEE AMENDMENT "A" to H.P. 64, L.D. 71, Bill, "An Act To Amend 
the Laws Governing Pawn Transactions" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Regulate Dealers in Secondhand Precious Metals' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §3972 is enacted to read: 
§3972. Dealers in secondhand precious metals 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Dealer" means a person who engages in the business of purchasing, selling or 
acquiring through exchange secondhand precious metals. 
B. "Precious metals" means any item composed in whole or in part of gold or silver, 
but does not include dental gold, unrefined metal ore, an electronic product, any part 
of a mechanical system on a motor vehicle or gold or silver coins or bullion. 
C. "Seller" means a person who sells or provides through an exchange secondhand 
precious metals to a dealer. 
2. Records required. A dealer shall maintain the following records with respect to 
each transaction conducted by the dealer involving secondhand precious metals: 
A. The date, time and place of the transaction; 
B. The name and address of the seller or other person from whom the dealer acquired 
the precious metals; 
C. A digital photograph of each item of precious metals that is the subject of the 
transaction, as well as a complete description of the item purchased or acquired from 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A .. to H.P. 64, L.D. 71 
the seller, including the weight of the item and any identification numbers, names, 
initials, serial numbers or identifying marks on the item; 
D. The consideration paid pursuant to the transaction; and· 
E. A signed statement of ownership from the seller of the secondhand precious 
metals stating that the seller is the owner or is otherwise authorized to sell the 
precious metals made on a form provided by the dealer that conspicuously bears the 
warning that making a false statement is a Class D crime under Title 17 -A, section 
453. 
Before recording the information required by this subsection, a dealer shall require 
reasonable proof of the seller's identity in the form of a government-issued identification 
card such as a motor vehicle operator's license or military identification card. 
3. Form of records. The records required under subsection 2 must be kept for a 
period of one year, maintained in order by date of purchase and contained either in a 
bound volume or ledger or in a binder in which pages can be affixed. 
4. 
Availability for inspection. Upon request by a law enforcement officer or 
prosecuting attorney, a dealer in secondhand precious metals shall promptly make 
available for inspection at the dealer's principal place of business the records required 
under subsection 2. 
5. Holding period. A dealer may not sell or alter any precious metals until the 
precious metals have remained in the dealer's possession for 15 days after the date of 
acquisition by the dealer, except that a dealer who determines that the precious metals are 
not listed in an electronic database designed to catalog stolen property may sell or alter 
the precious metals 10 days after the date of acquisition. 
6. Municipal permit. A person may not act as a dealer without a permit issued by 
the municipal officers of the municipality in which the person intends to maintain a 
permanent place or places of business. 
A dealer shall provide the address of the 
permanent place of business at which the dealer will do business to the municipality and 
shall notify the municipality if the location changes. The municipal officers may require 
other reasonable information as to the identity of the persons managing, supervising or 
conducting the business as necessary in order to fulfill the purposes of this section. The 
municipal officers may not issue a permit to act as a dealer to a person if they find that 
issuance of the permit would be detrimental to the public health, safety or welfare. 
Without a municipal permit, a person may not engage in the business of dealing in 
secondhand precious metals. 
7. Violations. A dealer who violates any of the requirements of this section is guilty 
of a Class E crime except as specified in subsection 2, paragraph E. A court may award 
restitution pursuant to Title 17-A, section 1325 to any victim, including a dealer, who 
suffers an economic loss as the result of a violation of this section.' 
SU~y 
This amendment changes the title and replaces the bill. 
It requires a dealer in 
secondhand precious metals to maintain records of each transaction involving precious 
metals conducted by the dealer and prohibits a dealer from selling or altering any 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 64, L.D. 71 
precious metals until the precious metals have remained in the dealer's possession for 15 
days after the date of the transaction, except that a dealer who determines that the 
precious metals are not included in an electronic database designed to catalog stolen 
property may sell or alter the precious metals 10 days after the date of purchase or 
acquisition through exchange. It also prohibits a dealer from engaging in the purchase 
and sale of secondhand precious metals without a municipal permit. It also provides that 
a court may award restitution to any victim suffering economic loss from a violation of 
these provisions, including a dealer in secondhand precious metals, pursuant to the 
criteria currently provided for in law for restitution. It establishes that a violation of the 
inspection and holding period requirements is a Class E crime. 
FISCAL :"IOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 06/05/13 Mac:.. 
LD71 
LR240(02) 
An Act To Amend the Laws Governing Pawn Transactions 
Fiscal Note for Bill as Amended by Committee Amendment ;4 (~-3q :1...) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0240(02) - Fiscal Note - Page 1 of 1