House
File
514
-
Introduced
HOUSE
FILE
514
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HF
84)
A
BILL
FOR
An
Act
relating
to
and
requiring
the
return
of
stolen
1
merchandise
in
the
possession
of
a
pawn
shop
owner
or
2
operator,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
514
Section
1.
NEW
SECTION
.
714.28
Pawn
shops
——
stolen
1
merchandise
——
return
to
rightful
owner.
2
1.
The
governing
body
of
a
political
subdivision
which
has
3
adopted
an
ordinance
regulating
the
operation
of
pawn
shops
4
shall
include
within
the
ordinance
a
provision
requiring
the
5
owner
or
operator
of
a
pawn
shop
to
return
merchandise
held
6
or
offered
for
sale
by
the
owner
or
operator
which
local,
7
state,
or
federal
law
enforcement
officials
have
determined
8
to
be
stolen
to
the
rightful
owner
of
the
merchandise.
The
9
merchandise
shall
be
returned
by
the
owner
or
operator
of
the
10
pawn
shop,
or
local
law
enforcement
officials,
to
the
owner
11
of
the
merchandise
at
no
charge
or
cost
to
the
owner.
The
12
ordinance
shall
specify
procedures
and
requirements
regarding
13
verifying
the
identity
of
the
owner
of
the
stolen
merchandise,
14
and
that
the
merchandise
was
in
fact
reported
as
stolen
15
pursuant
to
a
police
report,
national
electronic
database,
or
16
other
applicable
means
of
notification.
17
2.
In
addition
to
any
other
penalty
imposed
for
violation
18
of
an
ordinance
described
in
subsection
1,
if
the
political
19
subdivision
issues
a
license
or
permit
for
the
operation
of
20
a
pawn
shop,
the
ordinance
shall
provide
for
the
suspension,
21
revocation,
or
nonrenewal
of
the
license
or
permit
in
the
22
event
the
ordinance
is
violated
by
an
owner
or
operator.
A
23
suspension,
revocation,
or
nonrenewal
shall
not
take
effect
24
without
notice
and
hearing.
25
a.
Notice
shall
be
delivered
to
the
licensee
or
permittee
26
by
regular
mail
addressed
to
the
licensee
or
permittee
at
the
27
licensed
premises
a
minimum
of
ten
days
prior
to
a
date
set
28
for
hearing
before
a
magistrate
or
district
associate
judge.
29
The
notice
shall
inform
the
licensee
or
permittee
of
the
time,
30
date,
and
place
of
hearing
and
the
purpose
of
the
hearing,
and
31
shall
set
out
briefly
the
reasons
for
the
hearing.
32
b.
A
decision
regarding
whether
to
suspend
or
revoke
33
a
license
or
permit,
or
deny
its
renewal,
shall
be
at
the
34
discretion
of
the
magistrate
or
district
associate
judge,
35
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H.F.
514
based
upon
the
circumstances
surrounding
the
violation
and
its
1
severity.
2
c.
A
licensee
or
permittee
whose
license
or
permit
or
3
renewal
has
been
revoked
or
denied
because
of
a
violation
of
4
this
section
shall
not
be
eligible
for
another
such
license
5
or
permit
for
a
period
of
one
hundred
eighty
days
after
the
6
revocation
or
denial.
7
EXPLANATION
8
This
bill
requires
the
governing
body
of
a
political
9
subdivision
in
which
an
ordinance
has
been
adopted
regulating
10
the
operation
of
pawn
shops
to
include
within
the
ordinance
11
a
provision
requiring
the
owner
or
operator
of
a
pawn
shop
12
to
return
merchandise
held
or
offered
for
sale
which
local,
13
state,
or
federal
law
enforcement
officials
have
determined
to
14
be
stolen.
The
bill
requires
the
merchandise
to
be
returned
15
to
the
owner
of
the
merchandise
without
charge
or
cost
to
16
the
owner.
The
bill
states
that
the
ordinance
shall
specify
17
procedures
and
requirements
regarding
verifying
the
identity
18
of
the
owner
of
the
stolen
merchandise,
and
verifying
that
the
19
merchandise
was
in
fact
reported
as
stolen
pursuant
to
a
police
20
report,
national
electronic
database,
or
other
applicable
means
21
of
notification.
22
The
bill
provides
that,
in
addition
to
any
other
penalty
23
imposed
for
violation
of
such
an
ordinance,
if
the
political
24
subdivision
issues
a
license
or
permit
for
the
operation
of
25
a
pawn
shop,
the
ordinance
shall
provide
for
the
suspension,
26
revocation,
or
nonrenewal
of
the
license
or
permit
in
the
event
27
of
a
violation.
28
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1125HV
(1)
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2