Delaware 2023-2024 Regular Session

Delaware House Bill HB157 Latest Draft

Bill / Engrossed Version

                            SPONSOR:      Rep. K. Williams & Rep. Cooke & Sen. Walsh       Reps. Baumbach, Bolden, Heffernan, Hilovsky, Morrison, Osienski; Sens. Hocker, Mantzavinos           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 157   AS AMENDED BY   HOUSE AMENDMENT NO. 1       AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS.      

     

     SPONSOR:      Rep. K. Williams & Rep. Cooke & Sen. Walsh       Reps. Baumbach, Bolden, Heffernan, Hilovsky, Morrison, Osienski; Sens. Hocker, Mantzavinos     

SPONSOR: Rep. K. Williams & Rep. Cooke & Sen. Walsh
Reps. Baumbach, Bolden, Heffernan, Hilovsky, Morrison, Osienski; Sens. Hocker, Mantzavinos

 SPONSOR:  

 Rep. K. Williams & Rep. Cooke & Sen. Walsh 

 Reps. Baumbach, Bolden, Heffernan, Hilovsky, Morrison, Osienski; Sens. Hocker, Mantzavinos 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 157 

 AS AMENDED BY 

 HOUSE AMENDMENT NO. 1 

   

 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 2301, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:     2301. Definitions.   As used in this chapter:   (8) Gift card means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment that may be used to obtain merchandise, goods, or services at a single retailer of goods or services or an affiliated group of retailers of goods, which may provide to the bearer merchandise in a specific amount or of equal value to the bearer of the device.   Section 2. Amend 2307, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:     2307. Prohibited transactions.   (a) No pawnbroker, secondhand dealer or scrap metal processor subject to this chapter shall knowingly purchase or acquire any article, ware or merchandise:   (3) Which has an altered, obliterated or otherwise tampered with serial number or identifying  marking.   marking;   (4) Which remains sealed, unopened in its original packaging, or in its original unused condition unless the person conveying the item presents a receipt or proof of purchase for the item; or   (5) A gift card from a retailer.   (e) The Department of Safety and Homeland Security and its designees may seize an item found in violation of   ‎  2307 of this title. For any item seized for violation of 2307(a)(4), the Department shall hold the seized item for no more than 30 days, during which time the pawnbroker, secondhand dealer, or scrap metal processor may provide the Department with proof of ownership or other evidence sufficient to establish ownership under this chapter.   Section 3. This Act takes effect the first January 1 after enactment.      

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 2301, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:  

  2301. Definitions. 

 As used in this chapter: 

 (8) Gift card means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment that may be used to obtain merchandise, goods, or services at a single retailer of goods or services or an affiliated group of retailers of goods, which may provide to the bearer merchandise in a specific amount or of equal value to the bearer of the device. 

 Section 2. Amend 2307, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:  

  2307. Prohibited transactions. 

 (a) No pawnbroker, secondhand dealer or scrap metal processor subject to this chapter shall knowingly purchase or acquire any article, ware or merchandise: 

 (3) Which has an altered, obliterated or otherwise tampered with serial number or identifying  marking.   marking; 

 (4) Which remains sealed, unopened in its original packaging, or in its original unused condition unless the person conveying the item presents a receipt or proof of purchase for the item; or 

 (5) A gift card from a retailer. 

 (e) The Department of Safety and Homeland Security and its designees may seize an item found in violation of   ‎  2307 of this title. For any item seized for violation of 2307(a)(4), the Department shall hold the seized item for no more than 30 days, during which time the pawnbroker, secondhand dealer, or scrap metal processor may provide the Department with proof of ownership or other evidence sufficient to establish ownership under this chapter. 

 Section 3. This Act takes effect the first January 1 after enactment.