Senate Bill No. 139
(By Senator Yost)
[Introduced February 13, 2013; referred to the Committee on the
A BILL to amend and reenact §61-3-51 of the Code of West Virginia,
1931, as amended, relating to requiring sellers of precious
metals and gems to provide photo identification to dealers;
requiring the dealers to submit information on precious metal
transactions to the State Police; requiring the State Police
to create a database of the transactions that is accessible to
all law-enforcement agencies; and establishing criminal
Be it enacted by the Legislature of West Virginia:
That §61-3-51 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-51. Precious metals and gem dealers; records; prohibited acts.
(a) Each person, firm or corporation in the business of
purchasing precious metals or precious gems, or both, for any
purpose other than personal, family or household use,
shall be is
subject to the provisions of this section. Each such purchaser
shall secure from the seller of the precious metal or precious gem
photo identification, and sufficient proof of lawful ownership or
a sworn affidavit of ownership, the original of which shall be
retained by the purchaser.
(b) Each such purchaser of a precious metal or precious gem
shall truly and accurately list each purchase in a permanent record
book clearly showing the kind, character and amount of metal or gem
purchased, any special or unique quality or item of description
concerning the metal or gem purchased; the date of purchase, the
full name and residence address and mailing address of the seller,
and any telephone number of the seller Such and a copy of the photo
identification. The record book shall be open to inspection by any
law-enforcement officer in this state during normal business hours
of the purchaser. If any such purchase is made within a
municipality, the purchaser shall report all the information
required by this section in writing to the chief of the police
department of the municipality within twenty-four hours of the
purchase. If any such purchase is made outside of a municipality, the purchaser shall report all the information required by this
section in writing to the sheriff of the county wherein the
purchase was made within twenty-four hours of the purchase. The
information required by this section shall be preserved for a
period of not less than three years.
(c) A dealer shall submit the required information from each
transaction electronically to the State Police by noon of the next
(c) (d) Each such purchaser of a precious metal or precious
gem shall may not, for a period of ten calendar days after the
purchase, dispose of such the metal or gem, remove such the metal
or gem from the state or alter in any way the form or substance of
such the metal or gem.
(d) (e) As used in this section, "precious metal" means any
gold, silver, platinum or other valuable metal; and "precious gem"
means any diamond, pearl, emerald, ruby, sapphire or similar
(f) The State Police shall create a database of the
information required by this section that is accessible to all
law-enforcement agencies of this country.
(e) (g) Any person, firm or corporation violating any
provision subsections (a), (b), (c) or (d) of this section shall be
is guilty of a felony and, upon conviction thereof, shall be confined imprisoned in the penitentiary a correctional facility not
less than one nor more than two years, or, in the discretion of the
court, be confined in jail not more than one year or shall be fined
not less than $100 nor more than $5,000, or both fined and so
imprisoned or confined in either the penitentiary or jail, all in
the discretion of the court.
NOTE: The purpose of this bill is to
require sellers of
precious metals and gems to provide photo identification to
dealers. The bill requires the dealers to submit information on
precious metal transactions to the State Police. The bill also
requires the State Police to create a database of the transactions
that is accessible to all law-enforcement agencies. The bill also
creates criminal penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would