Bill Text: CA AB1182 | 2015-2016 | Regular Session | Chaptered
Bill Title: Secondhand goods: tangible personal property.
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 749, Statutes of 2015. [AB1182 Detail]
Download: California-2015-AB1182-Chaptered.html
BILL NUMBER: AB 1182 CHAPTERED
BILL TEXT
CHAPTER 749
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 9, 2015
AMENDED IN SENATE SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Santiago
(Coauthors: Assembly Members Bonta and Cooley)
(Coauthors: Senators Pan and Stone)
FEBRUARY 27, 2015
An act to amend Section 21627 of, and to add Section 21628.3 to,
the Business and Professions Code, relating to secondhand goods.
LEGISLATIVE COUNSEL'S DIGEST
AB 1182, Santiago. Secondhand goods: tangible personal property.
Existing law requires secondhand dealers and coin dealers to,
among other things, report certain secondhand tangible personal
property taken in trade or pawn, accepted for sale on consignment, or
accepted for auctioning, to the chief of police or to the sheriff,
as specified. Existing law defines "tangible personal property" for
those purposes as including secondhand tangible personal property
that bears or bears evidence of having had a serial number or
personalized initials and new or used tangible personal property that
is received as security for a loan by a pawnbroker or is commonly
sold by secondhand dealers and part of a significant class of stolen
goods. Existing law requires the Attorney General to supply to local
law enforcement agencies and periodically review a list of that
personal property commonly sold by secondhand dealers which
statistically is found through crime reports to the Attorney General
to constitute a significant class of stolen goods.
This bill would require the Attorney General to update that list
annually and post the list on his or her Internet Web site. The bill
would instead specify that "tangible personal property" means
secondhand tangible personal property that bears or bears evidence of
having had a serial number or personalized initials, new or used
tangible personal property that is received as security for a loan by
a pawnbroker, or all tangible personal property that the Attorney
General statistically determines through the most recent Department
of Justice "Crime in California" report to constitute a significant
class of stolen goods, as defined.
This bill would require the secondhand dealer to verify the
identification of the seller or pledger for each transaction.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21627 of the Business and Professions Code is
amended to read:
21627. (a) As used in this article, "tangible personal property"
means all secondhand tangible personal property which bears a serial
number or personalized initials or inscription or which, at the time
it is acquired by the secondhand dealer, bears evidence of having had
a serial number or personalized initials or inscription.
(b) "Tangible personal property" also means the following:
(1) All tangible personal property, new or used, including motor
vehicles, received in pledge as security for a loan by a pawnbroker.
(2) All tangible personal property that bears a serial number or
personalized initials or inscription which is purchased by a
secondhand dealer or a pawnbroker or which, at the time of such
purchase, bears evidence of having had a serial number or
personalized initials or inscription.
(3) All tangible personal property that the Attorney General
statistically determines through the most recent Department of
Justice "Crime in California" report to constitute a significant
class of stolen goods. A list of such personal property shall be
supplied by the Attorney General to all local law enforcement
agencies and posted on the Attorney General's Internet Web site. Such
list shall be updated annually by the Attorney General, beginning
January 1, 2016, to ensure that it addresses current problems with
stolen goods.
(c) As used in this article, "tangible personal property" does not
include any new goods or merchandise purchased from a bona fide
manufacturer or distributor or wholesaler of such new goods or
merchandise by a secondhand dealer. For the purposes of this article,
however, a secondhand dealer shall retain for one year from the date
of purchase, and shall make available for inspection by any law
enforcement officer, any receipt, invoice, bill of sale or other
evidence of purchase of such new goods or merchandise.
(d) As used in this article, "tangible personal property" does not
include coins, monetized bullion, or commercial grade ingots of
gold, silver, or other precious metals. "Commercial grade ingots"
means 0.99 fine or finer ingots of gold, silver, palladium, or
platinum, or 0.925 fine sterling silver art bars and medallions,
provided that the ingots, art bars, and medallions are marked by the
refiner or fabricator as to their assay fineness.
(e) For purposes of this article, a "significant class of stolen
goods" means those items determined through the Department of Justice'
s annual "Crime in California" report to constitute more than 10
percent of property reported stolen in the calendar year preceding
the annual posting of the list of significant classes of stolen
goods.
SEC. 2. Section 21628.3 is added to the Business and Professions
Code, to read:
21628.3. In complying with the requirements of Section 21628, a
secondhand dealer shall verify the identification of the seller or
pledger for each transaction, not for each item that shall be
reported.
