No. 33768 (Amendment): Rule R152-32a. Pawnshop and Secondhand Merchandise Transaction Information Act Rules

(Amendment)

DAR File No.: 33768
Filed: 06/15/2010 02:38:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule needed to be amended to reference correctly the definition of scrap metal processors in Title 76, Chapter 10.

Summary of the rule or change:

The reference to the definition of scrap metal processors was amended from Subsection 76-10-901(4) to Subsection 76-10-901(10).

State statutory or constitutional authorization for this rule:

• Section 13-32a-102
• Section 13-2-5

Anticipated cost or savings to:

the state budget:

The state budget will not be affected by correcting the cross reference in the rule.

local governments:

Local government will not be affected by correcting the cross reference in the rule.

small businesses:

Small business will not be affected by correcting the cross reference in the rule.

persons other than small businesses, businesses, or local governmental entities:

Other persons will not be affected by correcting the cross reference in the rule.

Compliance costs for affected persons:

Compliance costs for affected persons will not be affected by correcting the cross reference in the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing updates and corrects statutory references. No fiscal impact to businesses is anticipated from this amendment.

Francine Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Consumer Protection
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Angela Hendricks at the above address, by phone at 801-530-6035, by FAX at 801-538-6001, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Kevin Olsen, Director

RULE TEXT

R152. Commerce, Consumer Protection.

R152-32a. Pawnshop and Secondhand Merchandise Transaction Information Act Rules.

R152-32a-1. Authority.

These rules are promulgated pursuant to Utah Code 13-2-5(1) and 13-32a-102.5(1) to facilitate the orderly administration of the Pawnshop and Secondhand Merchandise Transaction Information Act, Utah Code Title 13, Section 32a.

 

R152-32a-2. Exempt Businesses.

In accordance with Section 13-32a-[102(19)(b)(ii)] 112.5, the definition of "Secondhand merchandise dealer" does not include:

(1) Scrap metal processors as defined by Section 76-10-901([4]10);

(2) Dealers of used appliances; and

(3) Dealers of used furniture.

 

KEY: pawnshops, consumer protection, second hand merchandise dealer

Date of Enactment or Last Substantive Amendment: [November 4, 2008]2010

Authorizing, and Implemented or Interpreted Law: 13-2-5; 13-32a-[102(19)]112.5

 

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