DAR File No. 31918

Commerce, Consumer Protection

R152-32a

Exempt Businesses

NOTICE OF PROPOSED RULE

DAR File No.: 31918
Filed: 09/02/2008, 11:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide for exemptions from the definition of second hand merchandise dealer.

Summary of the rule or change:

This new rule specifies which businesses are exempt from the second hand merchandise dealer definition.

State statutory or constitutional authorization for this rule:

Section 13-2-5 and Subsection 13-32a-102(19)

Anticipated cost or savings to:

the state budget:

The state budget will be impacted somewhat by the loss of fees from businesses given an exemption by the new rule.

local governments:

No cost--The proposed rule does not impose any compliance or regulatory requirements on local governments.

small businesses and persons other than businesses:

The exempt industries will save money not having to comply with the registration and fee requirements.

Compliance costs for affected persons:

The exempt industries will save money not having to comply with the registration and fee requirements.

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

The industries that are included as exempt will save money by not having to comply with the fee and registration requirements. The state has some impact by loss of the fee. The impact on the state is speculative and difficult to quantify. 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
HEBER M WELLS BLDG
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 ahendricks@utah.gov

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:

10/15/2008

This rule may become effective on:

11/01/2008

Authorized by:

Kevin V Olsen, Director

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), the definition of "Secondhand merchandise dealer" does not include:

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

(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: 2008

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