BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 158|
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THIRD READING
Bill No: AB 158
Author: Mendoza (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/9/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 76-0, 3/23/09 - See last page for vote
SUBJECT : Pawnbrokers and coin dealers
SOURCE : The Collateral Loan and Secondhand Dealers
Assn.
DIGEST : This bill allows pawnbrokers and coin dealers,
as specified, to accept valid government identification
cards or documents, such as a military identification card
or a U.S. visa issued to a Mexican citizen, if the
identification document is designed to not include a
signature.
ANALYSIS : Existing law includes a statement of
legislative intent to curtail the dissemination of stolen
property and to facilitate the recovery of stolen property
by means of a uniform, statewide, state-administered
program of regulation of persons whose principal business
is dealing in such property. (Bus. & Prof. Code 21625.)
CONTINUED
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Existing law defines a "secondhand dealer" as any person or
entity taking in pawn, accepting for sale of consignment,
trading, etc., any tangible personal property. (Bus. &
Prof. Code 21625.)
Existing law defines a pawnbroker as a "person engaged in
the business of receiving goods in pledge for security for
a loan." (Fin. Code 21000.)
Existing law defines a "coin dealer" a person or entity
"whose principal business is the buying, selling, and
trading of coins, monetized bullion, or commercial grade
ingots of gold, or silver, or other precious metals."
(Bus. & Prof. Code 21626, subd. (b).)
Existing law includes a statement of legislative intent to
require the uniform statewide reporting of transactions in
and acquisitions of secondhand and pawned property by
pawnbrokers and secondhand dealers. (Bus. & Prof. Code
21625; Fin. Code 21051.)
Existing law provides that pawnbrokers and coin dealers
shall report daily on forms approved or provided by the
Department of Justice, all personal property purchased,
taken in trade, taken in pawn, etc., to local law
enforcement. The report shall include the following
information:
1. The name and current address and identification of
the intended seller or pledgor of the property;
2. A complete and reasonably accurate description of
serialized or nonserialized property;
3. A certification by the intended seller or pledgor
that he or she is the owner of the property, or has
the authority of the owner to sell or pledge the
property and that any information provided is true and
complete; and
4. A legible fingerprint taken from the intended seller
or pledgor. (Bus. & Prof. Code 21628.)
Existing law provides the following concerning the
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identification that must be offered by a pledgor of
property in pawn or seller of property:
1. The identification provided by the pledgor shall
include a photograph, a description or both, and a
signature.
2. The identification shall be verified by the person
taking the property.
3. The following forms of identification are acceptable:
A. U.S. passport;
B. Driver's license issued by any state or
Canada;
C. Identification card issued by any state;
D. Identification card issued by the United
States; and
E. Passport from any other county, in
addition to another form of identification
bearing an address.
This bill provides that a pawnbroker or coin dealer shall
require a property pledgor to provide an identification
that includes a signature, where applicable.
Prior Legislation
This bill is identical to AB 264 (Mendoza) of 2008, which
passed the Senate on consent (35-0) on 6/26/09, but was
vetoed. The Governor's veto message stated:
The historic delay in passing the 2008-09 State Budget
has forced me to prioritize the bills sent to my desk
at the end of the year's legislative session. Given
the delay, I am only signing bills that are the
highest priority for California. This bill does not
meet that standard and I cannot sign it at this time.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/10/09)
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The Collateral Loan and Secondhand Dealers Assn. (source)
Western Loan and Jewelry
ARGUMENTS IN SUPPORT : 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.
Pawnbrokers and secondhand dealers are 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Davis, Gaines, Price, Bass
RJG:nl 6/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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