House File 514 S-5064 Amend House File 514, as passed by the House, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 631.1, Code 2014, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 9. The district court sitting in 7 small claims has concurrent jurisdiction of an action 8 to determine ownership of goods under section 714.28 9 relating to claims against purchased or pledged goods 10 held by pawnbrokers, regardless of the value of the 11 items in dispute. 12 Sec. 2. NEW SECTION . 714.28 Claims against 13 purchased or pledged goods held by pawnbrokers. 14 1. As used in this section, unless the context 15 otherwise requires: 16 a. “Claimant” means a person who claims that the 17 person’s property was misappropriated. 18 b. “Conveying customer” means a person who delivers 19 property into the custody of a pawnbroker, either by 20 pawn, sale, consignment, or trade. 21 c. “Misappropriated” means stolen, embezzled, 22 converted, or otherwise wrongfully appropriated against 23 the will of the rightful owner. 24 2. To obtain possession of purchased or pledged 25 goods held by a pawnbroker which a claimant claims to 26 have been misappropriated, the claimant must notify 27 the pawnbroker by certified mail, return receipt 28 requested, or in person evidenced by signed receipt, 29 of the claimant’s claim to the purchased or pledged 30 goods. The notice must contain a complete and accurate 31 description of the purchased or pledged goods and must 32 be accompanied by a legible copy of the applicable 33 law enforcement agency’s report documenting the 34 misappropriation of the property. If the claimant and 35 the pawnbroker do not resolve the right to possession 36 within ten days after the pawnbroker’s receipt of the 37 notice, the claimant may petition the district court 38 sitting in small claims to order the return of the 39 property, naming the pawnbroker as a defendant, and 40 shall serve the pawnbroker with a copy of the petition. 41 The pawnbroker shall hold the property described in the 42 petition until the right to possession is resolved by 43 the parties or by the court. 44 3. If, after notice and a hearing, the court finds 45 that the property was misappropriated and orders the 46 return of the property to the claimant, both of the 47 following shall apply: 48 a. The claimant may recover from the pawnbroker the 49 costs of the action. 50 -1- HF514.3268 (2) 85 rn/nh 1/ 2 #1.
b. If the conveying customer was convicted in a 1 separate criminal proceeding of theft or dealing in 2 stolen property involving the misappropriated property, 3 the court shall order the conveying customer to repay 4 the pawnbroker the full amount that the conveying 5 customer received from the pawnbroker for the property, 6 plus all applicable pawn service charges. As used 7 in this paragraph, “convicted” includes a plea of 8 no contest to the charges or any agreement in which 9 adjudication is withheld. 10 4. If the court finds that the claimant failed 11 to comply with the requirements of this section or 12 otherwise finds against the claimant, the claimant 13 shall be liable for the defendant’s costs. > 14 2. Title page, by striking lines 1 through 3 and 15 inserting < An Act specifying procedures for resolving 16 claims against purchased or pledged goods held by 17 pawnbrokers. > 18 ______________________________ COMMITTEE ON COMMERCE MATT McCOY, CHAIRPERSON -2- HF514.3268 (2) 85 rn/nh 2/ 2 #2.