BILL NUMBER: AB 704 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 17, 2011
An act to amend Section 21626 of add
Section 21645.1 to the Business and Professions Code, relating
to secondhand goods.
LEGISLATIVE COUNSEL'S DIGEST
AB 704, as amended, Ma. Secondhand goods.
Existing law provides for the regulation of secondhand dealers, as
defined, and makes it unlawful for a person to engage in the
business of a secondhand dealer without a license issued by the chief
of police, the sheriff, or, where appropriate, the police
commission. Existing law makes it a crime, punishable by specified
fines or imprisonment, or both, if a person knowingly violates the
provisions regulating secondhand dealers. Existing law authorizes the
district attorney or the Attorney General to bring an action to
enjoin a violation or threatened violation of the provisions
regulating secondhand dealers.
This bill would require a person conducting business as a
secondhand dealer to provide a valid secondhand dealer's license to
any peace officer upon demand.
Because a knowing violation of the bill's provisions by a person
engaging in the business of a secondhand dealer would be a crime, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law defines the terms "secondhand dealer" and "coin
dealer" for the purpose of the laws regulating pawnbrokers,
secondhand dealers, and coin dealers.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21645.1 is added to the
Business and Professions Code , to read:
21645.1. A person conducting business as a secondhand dealer, as
defined in Section 21626, shall provide a valid license issued under
this article to any peace officer upon demand.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 21626 of the Business and
Professions Code, as amended by Section 15 of Chapter 178 of the
Statutes of 2010, is amended to read:
21626. (a) As used in this article, "secondhand dealer" means and
includes any person, copartnership, firm, or corporation whose
business includes buying, selling, trading, taking in pawn, accepting
for sale on consignment, accepting for auctioning, or auctioning
secondhand tangible personal property. A "secondhand dealer" does not
include a "coin dealer" or participants at gun shows or events, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, or its successor, who are not required to be licensed
pursuant to Sections 26700 to 26915, inclusive, of the Penal Code,
who are acting in compliance with the requirements of Sections 26500
to 26585, inclusive, and 27545 of the Penal Code, and who are not a
"Gun Show Trader," as described in Sections 16620 and 26525 of the
Penal Code.
(b) As used in this section, a "coin dealer" means any person,
firm, partnership, or corporation 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.