Terms Used In Utah Code 13-32a-106.5

• Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102
• Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102
• Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
• database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102
• Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102
• Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102
• Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102
• Pawn transaction: means :

  (a)	an extension of credit in which an individual delivers property to a pawnbroker for an advance of money and retains the right to redeem the property for the redemption price within a fixed period of time;

  (b)	a loan of money on one or more deposits of personal property;

  (c)	the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or

  (d)

  a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. See Utah Code 13-32a-102 Person: means :Utah Code 68-3-12.5 Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102 Secondhand merchandise transaction: means the purchase or exchange of used or secondhand property. See Utah Code 13-32a-102 Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102

  (2)

  In addition to use by the issuing pawn or secondhand business or catalytic converter purchaser, the ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 may be used only by a law enforcement agency and the division and only for the law enforcement and administrative enforcement purposes of: (a)  investigating possible criminal conduct involving the property delivered: (i)  to the pawn or secondhand business in a pawn transaction or secondhand merchandise transaction; or (ii)  to a catalytic converter purchaser in a catalytic converter purchase; (b)  investigating a possible violation of the record keeping or reporting requirements of this chapter when the local law enforcement agency or the division, based on a review of the records and information received, has reason to believe that a violation has occurred; (c)  responding to an inquiry from an insurance company investigating a claim for physical loss of described property by searching the central database to determine if property matching the description has been delivered to a pawn or secondhand business or catalytic converter purchaser by another person in a pawn transaction, secondhand merchandise purchase transaction, or catalytic converter purchase and if so, obtaining from the central database: (i)  a description of the property; (ii)  the name and address of the pawn or secondhand business or catalytic converter purchaser that received the property; and (iii)  the name, address, and date of birth of the conveying individual; and (d)  taking enforcement action under Section 13-2-5 against a pawn or secondhand business or catalytic converter purchaser.

  (3)	An insurance company making a request under Subsection (2)(c) shall provide the police report case number concerning the described property.

  (4)

  (a)  A person may not knowingly and intentionally use, release, publish, or otherwise make available to any person any information obtained from the central database for any purpose other than those specified in Subsection (2). (b)  Each separate violation of Subsection (4)(a) is a class B misdemeanor. (c)  Each separate violation of Subsection (4)(a) is subject to a civil penalty not to exceed $250.

  Amended by Chapter 201, 2022 General Session