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.