MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Banking and Financial Services
By: Representative Flaggs
AN ACT TO AMEND SECTION 75-67-303, MISSISSIPPI CODE OF 1972, TO REVISE THE EXEMPTIONS FROM THE DEFINITION OF THE TERM "PAWNBROKER" AS USED IN THE MISSISSIPPI PAWNSHOP ACT; TO AMEND SECTION 75-67-305, MISSISSIPPI CODE OF 1972, TO REVISE THE INFORMATION REQUIRED TO BE RECORDED ON PAWN TICKETS AT THE TIME OF MAKING A PAWN OR PURCHASE TRANSACTION FOR FIREARMS; TO AMEND SECTION 75-67-321, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE FOR A PAWNBROKER LICENSE; TO AMEND SECTION 75-67-323, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPLICANT SHALL NOT HAVE BEEN CONVICTED OF A FELONY TO BE ELIGIBLE FOR A PAWNBROKER LICENSE; TO AMEND SECTION 75-67-327, MISSISSIPPI CODE OF 1972, TO REVISE THE APPLICATION PROCESS FOR THE TRANSFER OF EXISTING LICENSES; TO AMEND SECTION 75-67-333, MISSISSIPPI CODE OF 1972, TO DELETE THE NOTICE AND HEARING REQUIREMENT BEFORE IMPOSING A CIVIL PENALTY AGAINST LICENSEES; TO DEPOSIT CIVIL PENALTIES INTO THE CONSUMER FINANCE FUND OF THE DEPARTMENT OF BANKING AND CONSUMER FINANCE; TO AMEND SECTION 75-67-341, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF BANKING TO CHARGE AN EXAMINATION FEE; TO CREATE A NEW SECTION TO PROVIDE LIABILITY PROTECTIONS FOR LICENSEES FOR ACTS DONE OR OMITTED IN CONFORMITY WITH RULES OR REGULATIONS OF THE COMMISSIONER OF BANKING OR ANY OTHER STATE OR FEDERAL AGENCY; TO REPEAL SECTION 75-67-339, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A TIME LIMIT FOR EXISTING PAWNBROKERS IN BUSINESS ON JULY 1, 1993, TO APPLY FOR AND RECEIVE A LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-67-303, Mississippi Code of 1972, is amended as follows:
75-67-303. The following words and phrases used in this article shall have the following meanings unless the context clearly indicates otherwise:
(a) "Pawnbroker" means any person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time; * * * however, * * * the following is exempt from the definition of "pawnbroker" and from the provisions of this article: any financial institution whose deposits are insured by any agency of the United States government. * * *
(b) "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business.
(c) "Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. A "pawn transaction" does not include the pledge to or the purchase by a pawnbroker of real or personal property from a customer followed by the sale of the leasing of that same property back to the customer in the same or a related transaction and such is not permitted by this article.
(d) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any legal entity however organized.
(e) "Pledged goods" means tangible personal property other than choses in action, securities, or printed evidence of indebtedness, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction.
(f) "Commissioner" means the Mississippi Commissioner of Banking and Consumer Finance, or his designee, as the designated official for the purpose of enforcing this article.
(g) "Appropriate law enforcement agency" means the sheriff of each county in which the pawnbroker maintains an office, or the police chief of the municipality or law enforcement officers of the Department of Public Safety in which the pawnbroker maintains an office.
(h) "Attorney General" means the Attorney General of the State of Mississippi.
(i) "Records" or "documents" means any item in hard copy or produced in a format of storage commonly described as electronic, imaged, magnetic, microphotographic or otherwise, and any reproduction so made shall have the same force and effect as the original thereof and be admitted in evidence equally with the original.
SECTION 2. Section 75-67-305, Mississippi Code of 1972, is amended as follows:
75-67-305. (1) At the time of making the pawn or purchase transaction, the pawnbroker shall enter upon the pawn ticket a record of the following information which shall be typed or written in ink and in the English language:
(a) A clear and accurate description of the property, including the following:
(i) Brand name;
(ii) Model number;
(iii) Serial number;
(iv) Size;
(v) Color, as apparent to the untrained eye;
(vi) Precious metal type, weight and content, if known;
(vii) Gemstone description, including the number of stones;
(viii) In the case of firearms, the make, model, caliber or gauge, and serial number; and
(ix) Any other unique identifying marks, numbers, names or letters;
(b) The name, residence address and date of birth of pledgor or seller;
(c) Date of pawn or purchase transaction;
(d) Driver's license number or social security number or Mississippi identification card number, as defined in Section 45-35-1, of the pledgor or seller or identification information verified by at least two (2) forms of identification, one (1) of which shall be a photographic identification;
(e) Description of the pledgor including approximate height, sex and race;
(f) Amount of cash advanced;
(g) The maturity date of the pawn transaction and the amount due; and
(h) The monthly rate and pawn charge. Such rates and charges shall be disclosed using the requirements prescribed in Regulation Z (Truth in Lending) of the rules and regulations of the Board of Governors of the Federal Reserve.
(2) Each pawn or purchase transaction document shall be consecutively numbered and entered in a corresponding log or record book. Separate logs or record books for pawn and purchase transactions shall be kept.
(3) Records may be in the form of traditional hard copies, computer printouts or magnetic media if readily accessible for viewing on a screen with the capability of being promptly printed upon request.
(4) Every licensee shall maintain a record which indicates the total number of accounts and the total dollar value of all pawn transactions outstanding as of December 31 of each year.
SECTION 3. Section 75-67-321, Mississippi Code of 1972, is amended as follows:
75-67-321. (1) A person may not engage in business as a pawnbroker or otherwise portray himself as a pawnbroker unless the person has a valid license authorizing engagement in the business. A separate license is required for each place of business under this article. The commissioner may issue more than one (1) license to a person if that person complies with this article for each license. A new license * * * is required upon a change, directly or beneficially, in the ownership of any licensed pawnshop and an application shall be made to the commissioner in accordance with this article.
(2) When a licensee wishes to move a pawnshop to another location, the licensee shall give thirty (30) days' prior written notice to the commissioner who shall amend the license accordingly.
(3) Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. With each initial application for a license, the applicant shall pay the commissioner a license fee * * * of Seven Hundred Fifty Dollars ($750.00), and on or before December 1 of each year thereafter, an annual renewal fee * * * of Four Hundred Seventy-five Dollars ($475.00). * * * If the annual fee remains unpaid thirty (30) days after December 1, the license shall thereupon expire, but not before December 31 of any year for which the annual fee has been paid. If any person engages in business as provided for in this article without paying the license fee provided for in this article commencing business or before the expiration of the person's current license, as the case may be, then the person shall be liable for the full amount of the license fee, plus a penalty in an amount not to exceed Twenty-five Dollars ($25.00) for each day that the person has engaged in such business without a license or after the expiration of a license. All licensing fees and penalties authorized in this section shall be paid into the Consumer Finance Fund of the Department of Banking and Consumer Finance.
(4) Notwithstanding other provisions of this article, the commissioner may issue a temporary license to engage in the business as a pawnbroker upon receipt of an application * * * for a license involving principals and owners that are substantially identical to those of an existing licensed pawnshop. The temporary license is effective until the permanent license is issued or denied.
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SECTION 4. Section 75-67-323, Mississippi Code of 1972, is amended as follows:
75-67-323. (1) To be eligible for a pawnbroker license, an applicant shall:
(a) Operate lawfully and fairly within the purposes of this article;
(b) Not have been convicted of a felony * * * or be active as a beneficial owner for someone who has been convicted of a felony * * *;
(c) File with the commissioner a bond with good security in the penal sum of Ten Thousand Dollars ($10,000.00), payable to the State of Mississippi for the faithful performance by the licensee of the duties and obligations pertaining to the business so licensed and the prompt payment of any judgment which may be recovered against such licensee on account of damages or other claim arising directly or collaterally from any violation of the provisions of this article; such bond shall not be valid until it is approved by the commissioner; such applicant may file, in lieu thereof, cash, a certificate of deposit, or government bonds in the amount of Ten Thousand Dollars ($10,000.00); such deposit shall be filed with the commissioner and is subject to the same terms and conditions as are provided for in the surety bond required herein; any interest or earnings on such deposits are payable to the depositor;
(d) File with the commissioner an application accompanied by the initial license fee required in this article;
(e) Submit a set of fingerprints from any local law enforcement agency. In order to determine the applicant's suitability for license, the commissioner shall forward the fingerprints to the Department of Public Safety; and if no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(2) Every licensee shall post his license in a conspicuous place at each place of business.
(3) Every licensee shall post and display a sign which measures at least twenty (20) inches by twenty (20) inches in a conspicuous place and in easy view of all persons who enter the place of business. The sign shall display bold, blocked letters, easily readable, with the following information: "This pawnshop is licensed and regulated by the Mississippi Department of Banking and Consumer Finance. If you encounter any unresolved problem with a transaction at this location, you are entitled to assistance. Please call or write: Mississippi Department of Banking and Consumer Finance, Post Office Drawer 23729, Jackson, MS 39225-3729; Phone 1-800-844-2499."
(4) From and after December 1, 2010, each application for an initial license shall include evidence of the satisfactory completion of at least six (6) hours of approved prelicensing education, and each application for renewal shall include evidence of the satisfactory completion of at least six (6) hours of approved continuing education, by the owners or designated representative in pawnbroker transactions. Two (2) of the six (6) hours shall consist of instruction on the Mississippi Pawnshop Act and shall be approved by the department once the course is approved by the Mississippi Pawnbrokers Association or the National Pawnbrokers Association.
SECTION 5. Section 75-67-327, Mississippi Code of 1972, is amended as follows:
75-67-327. (1) An application for a new pawnshop license * * * or the approval of a change in the ownership of a licensed pawnshop shall be under oath and shall state the full name and place of residence of the applicant, the place where the business is to be conducted and other relevant information required by the commissioner. If the applicant is a partnership, the application shall state the full name of each partner. If the applicant is a corporation, the application shall state the full name and address of each officer, shareholder and director.
(2) Notwithstanding the provision of this article, the application need not state the full name and address of each shareholder, if the applicant is owned directly or beneficially by a person who as an issuer has a class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 or is an issuer of securities which is required to file reports with the Securities and Exchange Commission pursuant to Section 15(d) of the Securities Exchange Act, provided that such person files with the commissioner such information, documents and reports as are required by the provision of the Securities Exchange Act to be filed by such issuer with the Securities and Exchange Commission.
SECTION 6. Section 75-67-333, Mississippi Code of 1972, is amended as follows:
75-67-333. (1) In addition to any other penalty which may be applicable, any licensee or employee who willfully violates any provision of this article, or who willfully makes a false entry in any record specifically required by this article, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not in excess of One Thousand Dollars ($1,000.00) per violation or false entry.
(2) (a) In addition to any other penalty which may be applicable, any licensee or employee who fails to make a record of a pawnshop transaction and subsequently sells or disposes of the pledged goods from such transaction shall be punished as follows:
(i) For a first offense, the licensee or employee shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not in excess of One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than one (1) year, or both fine and imprisonment;
(ii) For a second offense, the licensee or employee shall be guilty of a felony and upon conviction thereof, shall be punishable by a fine not in excess of Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the State Department of Corrections for a term not less than one (1) year nor more than five (5) years, or by both fine and imprisonment.
(b) Any licensee convicted in the manner provided in this subsection (2) shall forfeit the surety bond or deposit required in Section 75-67-323 and the amount of such bond or deposit shall be credited to the budget of the state or local agency, which directly participated in the prosecution of such licensee, for the specific purpose of increasing law enforcement resources for that specific state or local agency. Such bond or deposit shall be used to augment existing state and local law enforcement budgets and not to supplant them.
(3) Compliance with the criminal provisions of this article shall be enforced by the appropriate law enforcement agency who may exercise for such purpose any authority conferred upon such agency by law.
(4) When the commissioner has reasonable cause to believe that a person is violating any provision of this article, the commissioner, in addition to and without prejudice to the authority provided elsewhere in this article, may enter an order requiring the person to stop or to refrain from the violation. The commissioner may sue in any circuit court of the state having jurisdiction and venue to enjoin the person from engaging in or continuing the violation or from doing any act in furtherance of the violation. In such an action, the court may enter an order or judgment awarding a preliminary or permanent injunction.
(5) The commissioner may * * * impose a civil penalty against any licensee adjudged by the commissioner to be in violation of the provisions of this article. Such civil penalty shall not exceed Five Hundred Dollars ($500.00) per violation and shall be deposited into the Consumer Finance Fund of the Department of Banking and Consumer Finance.
SECTION 7. Section 75-67-341, Mississippi Code of 1972, is amended as follows:
75-67-341. (1) The Commissioner of Banking shall develop and provide any necessary forms to carry out the provisions of this article.
(2) The department may adopt reasonable rules and regulations, not inconsistent with law, for the enforcement of this article.
(3) To assure compliance with the provisions of this article, the department may examine the * * * books and records of any licensee without notice during normal business hours. The commissioner may charge the licensee an examination fee in an amount not less than Three Hundred Dollars ($300.00) nor more than Six Hundred Dollars ($600.00) for each office or location within the State of Mississippi, plus any actual expenses incurred while examining the licensee's records or books that are located outside the State of Mississippi. However, in no event shall a licensee be examined more than once in a two-year period unless for cause shown based upon consumer complaint and/or other exigent reasons as determined by the commissioner.
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SECTION 8. (1) A licensee under this article shall have no liability for any act or practice done or omitted in conformity with (a) any rule or regulation of the commissioner, or (b) any rule, regulation, interpretation or approval of any other state or federal agency or any opinion of the Attorney General, notwithstanding that after the act or omission has occurred the rule, regulation, interpretation, approval or opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
(2) A licensee under this article, acting in conformity with a written interpretation or approval by an official or employee of any state or federal agency or department, shall be presumed to have acted in accordance with applicable law, notwithstanding that after the act has occurred, the interpretation or approval is amended, rescinded, or determined by judicial or other authority to be incorrect or invalid for any reason.
SECTION 9. Section 75-67-339, Mississippi Code of 1972, which provides a time limit for existing pawnbrokers in business on July 1, 1993, to apply for and receive a license, is repealed.
SECTION 10. This act shall take effect and be in force from and after July 1, 2011.