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
Coin: means a piece of currency, usually metallic and usually in the shape of a disc that is:
(a)
stamped metal, and issued by a government as monetary currency; or
(b)
(i)
worth more than its current value as currency; and
Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. 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
Pawnbroker: means a person whose business:
(a)
engages in a pawn transaction; or
(b)
holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. See Utah Code 13-32a-102
Quorum: The number of legislators that must be present to do business.
Secondhand merchandise dealer: includes a coin dealer and an automated recycling kiosk operator. See Utah Code 13-32a-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
The board consists of seven voting members appointed by the executive director of the Department of Commerce:
(a)
one law enforcement officer whose work regularly involves pawn or secondhand business or catalytic converter purchases, recommended by the Utah Chiefs of Police Association;
(b)
one law enforcement officer whose work regularly involves pawn or secondhand business or catalytic converter purchases, recommended by the Utah Sheriffs Association;
(c)
one state, county, or municipal prosecutor, recommended by a prosecutors’ association or council;
(d)
one pawnbroker, recommended by the pawn industry;
(e)
one secondhand merchandise dealer, recommended by the secondhand merchandise industry;
(f)
one coin dealer, recommended by the Utah Coin Dealers Association; and
(g)
one representative from the catalytic converter purchaser industry, recommended by the catalytic converter purchaser industry.
(3)
After receiving a recommendation for a member by a respective association, council, or industry for the board, the executive director may:
(a)
decline the recommendation; and
(b)
request another recommendation from the respective association, council, or industry.
(4)
(a)
A member of the board shall be appointed to a term of not more than four years, and may be reappointed upon expiration of the member’s term.
(b)
Notwithstanding the requirements of Subsection (4)(a), the executive director of the Department of Commerce shall, at the time of appointments or reappointments, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c)
When a vacancy occurs in the membership for any reason, the executive director of the Department of Commerce shall appoint a member for the unexpired term.
(d)
The executive director of the Department of Commerce may remove a member and replace the member in accordance with this section for the following reasons:
(i)
the member fails or refuses to fulfill the duties of a board member, including attendance at board meetings; or
(ii)
the member, an entity owned by the member, an entity that the member is employed by, or an entity that the member is representing, engages in a violation of this chapter or Section 76-6-408.
(e)
Notwithstanding Subsection (4)(d), members of the board as of May 13, 2019, are removed from the board and the executive director of the Department of Commerce shall appoint the board members in accordance with this section.
(5)
(a)
The board shall elect one voting member as the chair of the board by a majority of the members present at the board’s first meeting each year.
(b)
The chair shall preside over the board for a period of one year.
(c)
The board shall meet quarterly upon the call of the chair.
(d)
A quorum of five members is required for the board to take action. An action taken by majority of a quorum present at a meeting constitutes an action of the board.
(6)
(a)
The duties and powers of the board include the following:
(i)
recommending to the division appropriate rules regarding the administration and enforcement of this chapter;
(ii)
recommending to the division changes related to the central database; and
(iii)
advising the division on matters related to the pawn and secondhand merchandise and catalytic converter purchase industries.
(b)
This Subsection (6) does not require the board’s approval to act on a rule or amend this chapter.
(7)
(a)
A pawn or secondhand business or catalytic converter purchaser may file with the board complaints regarding law enforcement agency practices perceived to be inconsistent with this chapter.
(b)
The board may refer the complaints to the Peace Officers Standards and Training Division.
