BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 158
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 158 (Mendoza)
          As Introduced  January 27, 2009
          Majority vote 

           BUSINESS & PROFESSIONS          10-0                            
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Cook, Conway,    |     |                          |
          |     |Eng, Hernandez, Nava,     |     |                          |
          |     |Niello,                   |     |                          |
          |     |John Perez, Ruskin, Smyth |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Removes the signature and serial or identifying number  
          requirements for a document that a secondhand dealer or coin  
          dealer may use to verify the identification of an intended  
          seller or pledger, and instead provides that a signature or  
          serial or identifying number are only required for those  
          documents 'where applicable.'   

           EXISTING LAW  :

          1)Requires secondhand dealers and coin dealers to report  
            acquisitions of tangible personal property on a daily basis to  
            local law enforcement authorities, as specified.

          2)Requires an acquisition report to include the identification  
            of the intended seller or pledger of the property and requires  
            the dealer to verify that identification.  

          3)Provides that an identification verification is valid if the  
            person taking the information reasonably relies on a specified  
            document that is currently valid or has been issued within  
            five years and contains a photograph or description, or both,  
            of the person named on it, is signed by the person, and bears  
            a serial or other identifying number.

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal.

           COMMENTS  :  According to the author's office, "California statute  
          is specific as to which forms of identification may be used for  
          a pawnbroker or secondhand dealer transaction in California.    








                                                                  AB 158
                                                                  Page  2


          Pawnbrokers and secondhand dealers are still legally required to  
          have one or more forms of identification 'that bears a  
          signature', yet the stated form of identification may not now  
          require a signature.  By adding the phrase 'where applicable'  
          referring to the signature, if the acceptable form of  
          identification no longer requires it, the signature does not  
          have to be obtained.  Adding this language will permit a  
          pawnshop to utilize new and emerging forms of 'biometric'  
          identification cards while preserving the reliability of the  
          identification of the pledger." 

           
          Analysis Prepared by  :    Whitney Clark / B. & P. / (916)  
          319-3301



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