In a
previous article I wrote about a bill that passed the House, H.522, that
addressed opiate addiction and methamphetamine abuse. That same bill also addressed a problem
connected to drug abuse, the problem of home break-ins targeting jewelry and
other precious metals.
Most
of the break-ins and other property crimes that seem to have proliferated over
the last few years are related to substance abuse. Thieves will grab anything that looks
valuable and try to get rid of it as quickly as possible for cash to score
their next fix. In a recent case in
Alburgh, thieves stole more than $200,000 worth of gold coins from a vacant house and
sold the coins to coin and jewelry dealers around Chittenden County. Second-hand coin and jewelry dealers are one
of the first places thieves go to try to cash in their booty. One dealer
notified police after becoming concerned about the number of coins coming
in. Only $5000 worth of coins was
recovered by police.
Two
years ago I introduced a bill that would require better record-keeping by
second-hand dealers, including photo ID information from the seller, a
description of the items being sold, and a requirement to hold onto the items
for at least 10 days before reselling them.
These provisions were added in 2012 to a bill seeking to address similar
problems with stolen copper. That bill
passed and was signed into law. Since
then enforcing compliance has been a problem, and antiques dealers found reason
to object to a provision that made it difficult to comply when they bought
items in an estate sale.
As
a result, based on input from the Vermont State Police and the antique dealers
association, a bill was co-sponsored by Representatives Diane Lanpher
(D-Vergennes), Herb Russell (D-Rutland) and myself to improve the law. VSP Trooper Ben Katz was instrumental in
providing advice on beefing up the recording requirements and enforcement
provisions. The House Judiciary
Committee held extensive hearings on our bill, H.287, and incorporated it into
H.522, which passed the House and is now in the Senate Judiciary Committee.
The
bill now requires all “precious metal dealers,” defined as someone who has a
physical presence in Vermont, either temporary or permanent, and is engaged in
buying and selling precious metal (excluding bullion or commodities, new metal,
and medical and dental applications), and who purchases or sells more than
$2000 worth of precious metal in a 12 month period, to obtain a license. The annual fee for the license is $200. A license cannot be approved or renewed if
the licensee commits a felony or violates any of the provisions in the law
after October 13, 2013. The “temporary
presence” provision is important to capture those dealers who come into Vermont
and set up shop on a weekend at a hotel or mall and then leave the state in a
few days.
Licensees
will be required to keep more detailed records of their transactions. Each item they take in must be assigned a
unique item number. If several items are
purchased at the same time from the same person, they are assigned a lot
number, and each item is assigned a sub-lot number. For each item or lot, the following
information needs to be kept:
- the amount paid and the date and
time of the transaction,
- the name, current address, phone
number and vehicle license number of the seller,
- a legible description of each
item including any identifying marks,
- a digital photograph or video of
the item,
- a photocopy or image of a
government-issued ID card of the seller or, if no ID is available, a
digital photo of the seller’s face, and
- documentation of ownership or an
affidavit of ownership.
Any dealer doing more than $50,000 of precious metal business in a year must keep these records in a computerized format that can be accessed by law enforcement when requested.
Some
additional provisions include requiring a dealer to use a certified scale when
buying precious metals by weight, to make all payments by check, draft or money
order, and to hold the item for at least 10 days before selling it or moving it
out of state. Also, a dealer can no
longer buy from an individual under 18 years of age without written permission
of a parent or guardian. Finally, if a
dealer suspects illegal activity, they are required to notify local law
enforcement authorities and provide the record of the transaction. Violations of these provisions will incur
substantial penalties, including $10,000 for the first offense and $50,000 for
subsequent violations, so licensees will now be required to be bonded up to
$50,000.
Between
the controlled substances provisions and the provisions described in this
article, H.522 should provide important law enforcement tools that will
hopefully curb much of the property crimes that have proliferated throughout
Vermont.
I have heard from many of you on a variety of topics
and continue to welcome your input. You can email
me at myantachka.dfa@gmail.com or call me at 425-3960.
