§ 13-32a-104.6 — Database information from automated recycling kiosk operators.

(1) An automated recycling kiosk operator shall generate a ticket under this section for each secondhand merchandise transaction in which the automated recycling kiosk operator engages. An automated recycling kiosk operator shall document on the ticket the following information:

(1)(a) the date and time of the transaction;
(1)(b) the ticket number;
(1)(c) a color digital photograph of the front and back of each wireless communication device;
(1)(d) the following information regarding the individual who sells the wireless communication device:
(1)(d)(i) the individual's full name and date of birth as they appear on the individual's identification and the individual's residence address and telephone number;
(1)(d)(ii) the unique number and type of identification presented to the automated recycling kiosk;
(1)(d)(iii) the individual's signature;
(1)(d)(iv) a color digital photograph of the individual; and
(1)(d)(v) (1)(d)(v)(A) subject to rules made under Subsection (3), an electronic or tangible legible fingerprint of the individual's right index finger, or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint and the reason why the right index fingerprint was unavailable; and
(1)(d)(v)(B) notwithstanding the other provisions of this Subsection (1), an electronic legible fingerprint is not required to be documented on the ticket;
(1)(e) the full name of the individual conducting the secondhand merchandise transaction on behalf of the automated recycling kiosk operator or the initials or a unique identifying number of the individual, if the automated recycling kiosk maintains a record of the initials or unique identifying number of the individual;
(1)(f) the amount paid for each wireless communication device; and
(1)(g) subject to Subsection (4), an accurate description of each wireless communication device, including any:
(1)(g)(i) names, brand names, numbers, serial numbers, IMEI numbers, model numbers, color, manufacturers' names, and size;
(1)(g)(ii) other marks of identification or indicia of ownership on the wireless communication device; and
(1)(g)(iii) other unique identifying characteristics.
(2) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.
(3) The division shall establish standards and criteria for fingerprint legibility by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) If an automated recycling kiosk cannot electronically extract a wireless communication device's serial number or IMEI number from the wireless communication device at the time of the transaction:

(4)(a) the automated recycling kiosk operator may not pay the seller more than $25 for the wireless communication device;
(4)(b) the automated recycling kiosk operator shall engage in and document reasonable efforts to obtain and upload to the central database the wireless communication device's serial number and IMEI number within 15 calendar days of the date of the transaction; and
(4)(c) the central database information for the wireless communication device may not be considered submitted for purposes of Subsection 13-32a-109(1)(b) until the earlier of when:
(4)(c)(i) the wireless communication device's serial number and IMEI number have both been uploaded to the central database; or
(4)(c)(ii) more than 45 calendar days have passed since the date of the transaction.
(5) An automated recycling kiosk operator may not purchase more than 10 wireless communication devices with serial numbers or IMEI numbers that cannot be electronically extracted by an automated recycling kiosk at the time of the transaction from the same individual during the same calendar year.
(6) An automated recycling kiosk operator may only purchase a wireless communication device with serial numbers or IMEI numbers that cannot be electronically extracted by an automated recycling kiosk at the time of the transaction in a single-item transaction.

Legislative History

Enacted by Chapter 66, 2021 General Session