It is enacted by the General Assembly as follows:

SECTION 1. Sections 6-11.1-2, 6-11.1-3, 6-11.1-4 and 6-11.1-5 of the General Laws in Chapter 6-11.1 entitled "Purchase and Sale of Precious Metals" are hereby amended to read as follows:

6-11.1-2. Application for license -- Annual fee -- Treasurer to promulgate rules and regulations. -- Application for the license shall be in writing, under oath, and in the form prescribed by the treasurer and shall contain the name and the address (both of the residence and place of business) of the applicant, and if the applicant is a copartnership or association, of every member thereof, and if a corporation, of each officer and director and of the principal owner or owners of the issued and outstanding capital stock thereof; also the city or town with the street and number where the business is to be conducted, and such further information as the treasurer may require. After receipt of an application for a license, the general treasurer shall conduct an investigation to determine whether the facts set forth in the application are true and shall receive from the department of the attorney general all records of criminal information which the department of attorney general has or shall receive indicating any criminal activity on the part of the person signing the application {ADD and any other persons named therein ADD} . The general treasurer shall {ADD may ADD} also request a record search and a report from the national crime and information center (NCIC) of the federal bureau of investigation. If the application discloses that the applicant has a disqualifying criminal record, or if {ADD the ADD} investigation indicates that any of the facts set forth in the application are not true, or if the records of the department of the attorney general indicate criminal activity on the part of the person signing the application {ADD and any other persons named therein ADD} , or if the NCIC report indicates an outstanding warrant for the person signing the application {ADD and any other persons named therein ADD} , then the general treasurer may initiate a nationwide criminal records check by the federal bureau of investigation regarding the person signing the application and any other persons named therein, in accordance with any applicable federal standards regarding a criminal records check. The applicant at the time of making his initial application only shall pay to the treasurer the sum of fifty dollars ($50) as a fee for investigating the application and the additional sum of fifty dollars ($50) shall be paid annually. Licenses shall not be assignable or transferable to any other person or entity. The treasurer is authorized to promulgate rules and regulations not inconsistent herewith to provide for the effective discharge of the responsibilities granted by this chapter.

6-11.1-3. Identification and authority of seller. -- Posting of prices. -- Weighing. -- (a) Every person required to be licensed under this chapter shall require {ADD positive ADD} proof of identification {ADD with photograph, date of birth and current address ADD} of every seller from whom precious metals or an article made from or containing a precious metal is to be purchased and shall require the seller to sign a statement on a form to be approved by the treasurer stating that the seller is the legal owner of the property or is the agent of the owner authorized to sell the property, and when and where or in what manner the property was obtained.

(b) Every person required to be licensed under this chapter shall, before purchasing any precious metal or article made from or containing a precious metal, shall require the seller, if a minor, to be accompanied by the parent or legal guardian of the minor.

(c) Every person required to be licensed under this chapter shall post the prices per ounce that are currently being paid for precious metals in full sight of the prospective seller and the precious metals shall be weighed in full sight of the prospective seller.

6-11.1-4. Record of transaction required -- Reports to police. -- (a) Every person licensed under this chapter shall keep a record book {ADD copy of the report form ADD} obtained from or under the direction of the treasurer, containing a comprehensive record of all transactions concerning precious metals. {ADD Said comprehensive record shall be hand printed legibly or typed. ADD} The record shall include the name, address, and telephone number{ADD , and date of birth ADD} of the seller or purchaser , a complete and accurate description of the property purchased or sold including any serial numbers or other identifying marks or symbols, and the date and hour of the transaction.

(b) All persons licensed under this chapter shall deliver or mail weekly to the chief of police of the city or town in which the business is located and to the general treasurer a copy {ADD copies ADD} of all entries in the record book in {ADD report forms from ADD} the preceding seven (7) day period.

{ADD (c) Every person licensed under this chapter shall retain a copy of the report form for a period of one (1) year from the date of the sale stated on the form. ADD}

6-11.1-5. Seven (7) day holding period -- Recovery of stolen property -- Return to rightful owner. -- (a) All persons licensed under this chapter shall retain in their possession in an unaltered condition for a period of seven (7) days all precious metals or articles made from or containing a precious metal except bullion coins, bullion bars, bullion medallions, or other forms of bullion {ADD items of bullion, including coins, bars, and medallions, which do not contain serial numbers or other identifying marks ADD} . The seven (7) day holding period shall commence with the date the report of its acquisition was delivered to or received through the mails by the chief of police {ADD or the general treasurer, whichever is later ADD} . The records so received by the chief of police and the general treasurer shall be available for inspection only by law enforcement officers for law enforcement purposes. If the chief of police has probable cause that precious metals or an article made from or containing a precious metal has been stolen, he or she may give notice in writing to the person licensed, to retain the metal or article for an additional period of fifteen (15) days, and the person shall retain the property for this additional fifteen (15) day period, unless the notice is recalled in writing within the fifteen (15) day period ; within the fifteen (15) day period the chief of police, or his or her designee, shall designate in writing an officer to secure the property alleged to be stolen and the persons in possession of the property shall deliver the property to the officer upon display of the officer's written designation by the chief of police or his or her designee. Upon receipt of the above property from the officer, the clerk or person in charge of the storage of alleged stolen property for a police department shall enter into a book a description of every article of property alleged to be stolen which was brought to the police department and shall attach a number to each article. The clerk or person in charge of the storage of alleged stolen property shall deliver the property to the owner of the property upon satisfactory proof of ownership, without any cost to the owner, provided that the following steps are followed:

(1) A complete photographic record of the property is made;

(2) A signed declaration of ownership under penalty of perjury is obtained from the person to whom the property is delivered;

(3) The person from whom the custody of the property was taken is served with written notice of the claim of ownership and is given ten (10) days from the mailing of the notice to file a petition in district court objecting to the delivery of the property to the person claiming ownership. If a petition is timely filed, the district court shall at a hearing determine by a preponderance of the evidence that the property was stolen and that the person claiming ownership of the property is the true owner. The decision of the district court may only be appealable by writ of certiorari to the supreme court.

(b) The clerk or person in charge of the storage of alleged stolen property shall not be liable for damages for any official act performed in good faith in the course of carrying out the provisions of this section. The photographic record of the alleged stolen property shall be allowed to be introduced as evidence in any court of this state in place of the actual alleged stolen property, provided that the clerk in charge of the storage of the alleged stolen property shall take photographs of the property, which photographs shall be tagged and marked and remain in his possession or control.

SECTION 2. Section 19-26-5 of the General Laws in Chapter 19-26 entitled "Pawnbrokers" is hereby amended to read as follows:

19-26-5. Records and reports -- Retention of articles pawned -- Violations. -- (a) Every pawnbroker shall require positive proof of identification with photograph, date of birth and current address of every pawnor and shall require the pawnor to sign a statement on a form to be approved or provided by the general treasurer stating that the pawnor is the legal owner of the property or is the agent of the owner authorized to pawn the property, and when and where or in what manner the property was obtained. ADD}

{ADD (b) ADD} Every pawnbroker shall keep a book {ADD copy of the said statement form approved by the general treasurer ADD} , in the English language, in which he shall enter the date, duration, and amount of any loan made by him, a full and accurate description of all articles pawned, the rate of interest, and the name, personal description, occupation, {ADD telephone number, date of birth ADD} and place of residence (with the street, and number of the house) of the pawnor, shall number such entries consecutively, and shall cause the pawnor to sign the entry {ADD statement form ADD} with his name and address; and upon the receipt of said property shall deliver to the pawnor a memorandum in writing, signed by him, which shall be numbered with a number corresponding to the number of the entry in said book {ADD statement form ADD} , and shall contain the substance of such entry {ADD statement form ADD} ; and whenever required he shall submit the book {ADD copies of said statement forms ADD} to the inspection of the {ADD general treasurer, ADD} mayor, chief of police, or the deputy chief of police, or any member of the detective police of any city, or to the chief of police or the town sergeant of any town, and shall also make out and deliver to the chief of police of the city, or to the chief of police or the town sergeant of the town, where said license shall be granted, every day, before the hour of 12 o'clock noon, a legible and correct copy , from the book required to be kept by this section, of all entries {ADD of all said statement forms ADD} made therein during the twenty-four (24) hours preceding the hour of 10 o'clock in the forenoon of the day upon which said copy is to be made as provided for in this section; {ADD and shall deliver or mail weekly to the general treasurer copies of all statement forms from the preceding seven-day period; ADD} and shall retain for inspection of the {ADD general treasurer, ADD} mayor, chief of police, deputy chief of police, or any member of the detective police of any city, or of the chief of police or town sergeant of any town, all articles received in pawn, for a period of at least forty-eight (48) hours from the time such articles were received. Any pawnbroker who knowingly writes the wrong name or address of a person offering any article for pawn, or who knowingly permits the signing of such wrong name or address, shall be fined one hundred dollars ($100) for the first offense, and upon a second offense his license shall be revoked, and he shall not be permitted to conduct the business of pawnbroker in this state for one (1) year; and for the violation of any other of the provisions of this section shall be fined one hundred dollars ($100); any person offering any article for pawn who signs a wrong name or address shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than six (6) months.

SECTION 3. Severability. -- If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provisions or application, and to this end the provisions are declared to be severable.

SECTION 4. This act shall take effect upon passage.