The bill also revises a definition under current law so that a person who deals
in components of secondhand jewelry is regulated as a secondhand jewelry dealer.
In addition, the bill revises an exemption from such regulation that applies to a
person who engages in the business of smelting, refining, assaying, or
manufacturing precious metals, gems, or other valuable articles. Under current law,
the exemption applies only if the person does not have a retail operation open to the
public. Under the bill, the exemption applies only if the person has no purchasing,
selling, receiving, or exchanging operation open to the public. The bill also revises
an exemption under current law that applies to a person who engages in secondhand
jewelry transactions at an occasional garage or yard sale; an estate sale; a gun, knife,
gem, or antique show; or a convention. Under the bill, the exemption does not apply
to a show or convention that offers to purchase secondhand jewelry from attendees.
Finally, current law allows a county or municipality to enact an ordinance that
is more stringent than the requirements under current law regarding pawnbrokers,
secondhand jewelry dealers, and "secondhand article dealers," which are persons
who deal in certain articles other than jewelry. Under this bill, if a county enacts such
an ordinance, the ordinance applies in a municipality in the county only if the
municipality does not have in effect its own ordinance.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB640,1
1Section
1. 134.71 (1) (c) of the statutes is amended to read:
AB640,3,52
134.71
(1) (c) "Jewelry" means any tangible personal property ordinarily
3wearable on the person and consisting in whole or in part of any metal, mineral or
4gem customarily regarded as precious or semiprecious
, and includes any component
5of such tangible personal property.
AB640,2
6Section
2. 134.71 (1) (h) 1. of the statutes is amended to read:
AB640,3,97
134.71
(1) (h) 1. Any transaction at an occasional garage or yard sale, an estate
8sale, a gun, knife, gem or antique show or a convention
, other than a show or
9convention that offers to buy secondhand jewelry from attendees.
AB640,3
10Section
3. 134.71 (1) (h) 3. of the statutes is amended to read:
AB640,3,1411
134.71
(1) (h) 3. Any transaction entered into by a person while engaged in a
12business of smelting, refining, assaying or manufacturing precious metals, gems
, or
13valuable articles if the person has no
retail purchasing, selling, receiving, or
14exchanging operation open to the public.
AB640,4
15Section
4. 134.71 (4) of the statutes is amended to read:
AB640,4,5
1134.71
(4) License for secondhand jewelry dealer. No person may operate
2as a secondhand jewelry dealer unless the person first obtains a secondhand jewelry
3dealer's license under this section. A license issued to a secondhand jewelry dealer
4by the governing body of a municipality authorizes the licensee to operate as a
5secondhand jewelry dealer
anywhere in the state in that municipality.
AB640,5
6Section
5. 134.71 (5) (intro.) of the statutes is amended to read:
AB640,4,127
134.71
(5) License application. (intro.) A person wishing to operate as a
8secondhand article dealer
or a secondhand jewelry dealer and have a principal place
9of business in a municipality shall apply for a license to the clerk of that municipality.
10A person wishing to operate as a pawnbroker
or secondhand jewelry dealer in a
11municipality shall apply for a license to the clerk of the municipality. The clerk shall
12furnish application forms under sub. (12) that shall require all of the following:
AB640,6
13Section
6. 134.71 (8) (c) 1. of the statutes is amended to read:
AB640,4,2514
134.71
(8) (c) 1. Except as provided in subd. 2.
and par. (e) 3., for each
15transaction of purchase, receipt or exchange of any secondhand article or
16secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or
17secondhand jewelry dealer shall require the customer to complete and sign, in ink,
18the appropriate form provided under sub. (12). No entry on such a form may be
19erased, mutilated or changed. The pawnbroker, secondhand article dealer or
20secondhand jewelry dealer shall retain an original and a duplicate of each form for
21not less than one year after the date of the transaction except as provided in par. (e)
221., and during that period shall make the duplicate available to any law enforcement
23officer for inspection at any time that the pawnbroker's, secondhand article dealer's,
24or secondhand jewelry dealer's principal place of business is open to the public or at
25any other reasonable time.
AB640,7
1Section
7. 134.71 (8) (c) 2. of the statutes is amended to read:
AB640,5,182
134.71
(8) (c) 2. For every secondhand article purchased, received or exchanged
3by a secondhand article dealer from a customer off the secondhand article dealer's
4premises or consigned to the secondhand article dealer for sale on the secondhand
5article dealer's premises, the secondhand article dealer shall keep a written
6inventory. In this inventory the secondhand article dealer shall record the name and
7address of each customer, the date, time and place of the transaction and a detailed
8description of the article which is the subject of the transaction, including the
9article's serial number and model number, if any. The customer shall sign his or her
10name on a declaration of ownership of the secondhand article identified in the
11inventory and shall state that he or she owns the secondhand article. The
12secondhand article dealer shall retain an original and a duplicate of each entry and
13declaration of ownership relating to the purchase, receipt or exchange of any
14secondhand article for not less than one year after the date of the transaction except
15as provided in par. (e)
1., and shall make duplicates of the inventory and declarations
16of ownership available to any law enforcement officer for inspection at any time that
17the secondhand article dealer's principal place of business is open to the public or at
18any other reasonable time.
AB640,8
19Section
8. 134.71 (8) (d) 1. of the statutes is amended to read:
AB640,5,2420
134.71
(8) (d) 1. Except as provided in subds. 3m. and 5., any secondhand article
21or secondhand jewelry purchased or received by a pawnbroker shall be kept on the
22pawnbroker's premises or other place for safekeeping for not less than 30 days after
23the date of purchase or receipt, unless the person known by the pawnbroker to be the
24lawful owner of the secondhand article
or secondhand jewelry recovers it.
AB640,9
25Section
9. 134.71 (8) (d) 3. of the statutes is amended to read:
AB640,6,7
1134.71
(8) (d) 3. Except as provided in
subds. 3m. and subd. 5., any secondhand
2jewelry purchased or received by a
pawnbroker or secondhand jewelry dealer shall
3be kept on the
pawnbroker's or secondhand jewelry dealer's premises or other place
4for safekeeping for not less than
21 28 days after the date
of purchase or receipt that
5the pawnbroker or secondhand jewelry dealer makes a report regarding the
6secondhand jewelry under par. (e) 2. or, if applicable, the date specified in a notice
7provided by a law enforcement agency under par. (e) 2.
AB640,10
8Section
10. 134.71 (8) (d) 3m. of the statutes is amended to read:
AB640,6,169
134.71
(8) (d) 3m. If a pawnbroker
,
or secondhand article dealer
, or secondhand
10jewelry dealer is required to submit a report under par. (e)
1. concerning a
11secondhand article
or secondhand jewelry purchased or received by the pawnbroker
, 12or secondhand article dealer,
or secondhand jewelry dealer and the report is required
13to be submitted in an electronic format, the secondhand article
or secondhand
14jewelry shall be kept on the pawnbroker's
, or secondhand article dealer's
, or
15secondhand jewelry dealer's premises or other place for safekeeping for not less than
167 days after the report is submitted.
AB640,11
17Section
11. 134.71 (8) (e) (title) of the statutes is amended to read:
AB640,6,1818
134.71
(8) (e) (title)
Report to law Law enforcement agency reports
.
AB640,12
19Section
12. 134.71 (8) (e) of the statutes is renumbered 134.71 (8) (e) 1. and
20amended to read:
AB640,7,221
134.71
(8) (e) 1.
Within Except as provided in subd. 3., within 24 hours after
22purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker,
23secondhand article dealer or secondhand jewelry dealer shall make available, for
24inspection by a law enforcement officer, the original form completed under par. (c) 1.
25or the inventory under par. (c) 2., whichever is appropriate. Notwithstanding s. 19.35
1(1), a law enforcement agency receiving the original form or inventory or a
2declaration of ownership may disclose it only to another law enforcement agency.
AB640,13
3Section
13. 134.71 (8) (e) 2. of the statutes is created to read:
AB640,7,184
134.71
(8) (e) 2. The law enforcement agency of a county or municipality shall
5require each pawnbroker and secondhand jewelry dealer licensed by the county or
6municipality to participate in a system specified by the county or municipality for
7electronically reporting each transaction of purchase, receipt, or exchange of
8secondhand jewelry from a customer. The law enforcement agency may specify a
9system only if the system provides for digitally photographing each item or
10component of secondhand jewelry that is subject to a transaction. The law
11enforcement agency may require that a pawnbroker or secondhand jewelry dealer
12directly report transactions to the system or provide information or make other
13arrangements necessary for the law enforcement agency to report transactions to the
14system on behalf of the pawnbroker or secondhand jewelry dealer. If a law
15enforcement agency makes reports on behalf of a pawnbroker or secondhand jewelry
16dealer, the law enforcement agency shall provide notice to the pawnbroker or
17secondhand jewelry dealer of the date on which the law enforcement agency reports
18a transaction to the system.
AB640,14
19Section
14. 134.71 (8) (e) 3. of the statutes is created to read:
AB640,7,2520
134.71
(8) (e) 3. If a law enforcement agency determines that compliance with
21subd. 2. renders compliance with any requirement regarding secondhand jewelry
22under par. (c) 1. or subd. 1. unnecessary, the law enforcement agency may waive
23compliance with the requirement and provide written notice of the waiver to
24pawnbrokers and secondhand jewelry dealers who are subject to the law
25enforcement agency's jurisdiction.
AB640,15
1Section
15. 134.71 (14) of the statutes is renumbered 134.71 (14) (a).
AB640,16
2Section
16. 134.71 (14) (b) of the statutes is created to read:
AB640,8,53
134.71
(14) (b) An ordinance enacted by a county under par. (a) applies in a city,
4village, or town in the county only if the city, village, or town does not have in effect
5an ordinance that the city, village, or town has enacted under par. (a).
AB640,17
6Section
17.
Initial applicability.
AB640,8,117
(1) The treatment of section 134.71 (1) (c) and (h) 3. and (8) (c) 1. and (d) 1., 3.,
8and 3m. of the statutes, the renumbering and amendment of section 134.71 (8) (e) of
9the statutes, and the creation of section 134.71 (8) (e) 2. of the statutes first apply to
10purchases, receipts, exchanges, and other transactions that occur on the effective
11date of this subsection.
AB640,8,1413
(1)
This act takes effect on the first day of the 7th month beginning after
14publication.
