Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 632

Introduced by Assembly Member Eggman

February 24, 2015

begin delete An act to amend Section 21643 of the Business and Professions Code, relating to business. end delete begin insert An act to amend Section 21628 of the Business and Professions Code, relating to business. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 632, as amended, Eggman. begin delete Secondhand goods. end delete begin insert Secondhand dealers and coin dealers: reporting: handheld electronic devices. end insert

begin insert

Existing law provides for the regulation of secondhand dealers, as defined. Existing law 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 requires a secondhand dealer or coin dealer, as defined, to report, as specified, to the chief of police or sheriff all secondhand “tangible personal property,” as defined, purchased, taken in trade, taken in pawn, accepted for sale on consignment, or accepted for auctioning. Existing law requires the report to include a complete and reasonably accurate description of serialized property, including, but not limited to, the serial number of that property.

end insert begin insert

This bill would authorize specified unique identifying numbers to be used as the serial number reported for handheld electronic devices, as defined.

end insert begin delete

Existing law generally requires secondhand dealers and coin dealers, as defined, to report specified transactions to the local law enforcement agency where their businesses are located. Existing law prohibits a transaction that requires reporting from being engaged in with a minor.

end delete begin delete

This bill would make a nonsubstantive change to the provision related to a minor.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 21628 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

21628.  

Every secondhand dealer or coin dealer described in
Section 21626 shall report daily, or on the first working day after
receipt or purchase of secondhand tangible personal property, on
forms or through an electronic reporting system approved by the
Department of Justice, all secondhand tangible personal property,
except for firearms, which he or she has purchased, taken in trade,
taken in pawn, accepted for sale on consignment, or accepted for
auctioning, to the chief of police or to the sheriff, in accordance
with the provisions of Sections 21630 and 21633 and subdivision
begin delete (j) end delete begin insert (d) end insert . The report shall be legible, prepared in English, completed
where applicable, and include, but not be limited to, the following
information:

begin delete

(a)

end delete

begin insert (1) end insert  The name and current address of the intended seller or
pledger of the property.

begin delete

(b)

end delete

begin insert (2) end insert  The identification of the intended seller or pledger. The
identification of the seller or pledger of the property shall be
verified by the person taking the information. The verification
shall be valid if the person taking the information reasonably relies
on any one of the following documents, provided that the document
is currently valid or has been issued within five years and contains
a photograph or description, or both, of the person named on it,
and, where applicable, is signed by the person, and bears a serial
or other identifying number:

begin delete

(1)

end delete

begin insert (A) end insert  A passport of the United States.

begin delete

(2)

end delete

begin insert (B) end insert  A driver’s license issued by any state or Canada.

begin delete

(3)

end delete

begin insert (C) end insert  An identification card issued by any state.

begin delete

(4)

end delete

begin insert (D) end insert  An identification card issued by the United States.

begin delete

(5)

end delete

begin insert (E) end insert  A passport from any other country in addition to another
item of identification bearing an address.

begin delete

(6)

end delete

begin insert (F) end insert  A Matricula Consular in addition to another item of
identification bearing an address.

begin delete

(c)

end delete

begin insert (3) end insert begin insert   end insert begin insert (A) end insert  A complete and reasonably accurate description of
serialized property, including, but not limited to, the following:
serial number and other identifying marks or symbols,
owner-applied numbers, manufacturer’s named brand, and model
name or number. Watches need not be disassembled when special
skill or special tools are required to obtain the required information,
unless specifically requested to do so by a peace officer. A special
tool does not include a penknife, caseknife, or similar instrument
and disassembling a watch with a penknife, caseknife, or similar
instrument does not constitute a special skill. In all instances where
the required information may be obtained by removal of a
watchband, then the watchband shall be removed. The cost
associated with opening the watch shall be borne by the
pawnbroker, secondhand dealer, or customer.

begin insert

(B) In the case of the receipt or purchase of a handheld
electronic device by a secondhand dealer, the serial number
reported pursuant to subparagraph (A) may be the International
Mobile Station Equipment Identity (IMEI), the mobile equipment
identifier (MEID), or other unique identifying number assigned
to that device by the device manufacturer.

end insert begin insert

(C) For the purpose of this paragraph, “handheld electronic
device” means any portable device that is capable of creating,
receiving, accessing, or storing electronic data or communications
and includes, but is not limited to, a cellular phone, smartphone,
or tablet.

end insert begin delete

(d)

end delete

begin insert (4) end insert  A complete and reasonably accurate description of
nonserialized property, including, but not limited to, the following:
size, color, material, manufacturer’s pattern name (when known),
owner-applied numbers and personalized inscriptions, and other
identifying marks or symbols. Watches need not be disassembled
when special skill or special tools are required to obtain the
required information, unless specifically requested to do so by a
peace officer. A special tool does not include a penknife, caseknife,
or similar instrument and disassembling a watch with a penknife,
caseknife, or similar instrument does not constitute a special skill.
In all instances where the required information may be obtained
by removal of a watchband, then the watchband shall be removed.
The cost associated with opening the watch shall be borne by the
pawnbroker, secondhand dealer, or customer.

begin delete

(e)

end delete

begin insert (5) end insert  A certification by the intended seller or pledger that he or
she is the owner of the property or has the authority of the owner
to sell or pledge the property.

begin delete

(f)

end delete

begin insert (6) end insert  A certification by the intended seller or pledger that to his
or her knowledge and belief the information is true and complete.

begin delete

(g)

end delete

begin insert (7) end insert  A legible fingerprint taken from the intended seller or
pledger, as prescribed by the Department of Justice. This
requirement does not apply to a coin dealer, unless required
pursuant to local regulation.

begin delete

(h)

end delete

begin insert (b) end insert  (1) When a secondhand dealer complies with all of the
provisions of this section, he or she shall be deemed to have
received from the seller or pledger adequate evidence of authority
to sell or pledge the property for all purposes included in this
article, and Division 8 (commencing with Section 21000) of the
Financial Code.

(2) In enacting this subdivision, it is the intent of the Legislature
that its provisions shall not adversely affect the implementation
of, or prosecution under, any provision of the Penal Code.

begin delete

(i)

end delete

begin insert (c) end insert  Any person who conducts business as a secondhand dealer
at any gun show or event, as defined in Section 478.100 of Title
27 of the Code of Federal Regulations, or its successor, outside
the jurisdiction that issued the secondhand dealer license in
accordance with subdivision (d) of Section 21641, may be required
to submit a duplicate of the transaction report prepared pursuant
to this section to the local law enforcement agency where the gun
show or event is conducted.

begin delete

(j)

end delete

begin insert (d) end insert  (1) The Department of Justice shall, in consultation with
appropriate local law enforcement agencies, develop clear and
comprehensive descriptive categories denoting tangible personal
property, as detailed in this section, subject to the reporting
requirements of this section. These categories shall be incorporated
by secondhand dealers and coin dealers described in Section 21626
for purposes of the reporting requirements set forth herein. begin delete Except
as otherwise provided in this section, any report required of a
secondhand dealer shall be transmitted by electronic means. With
the consultation by the Department of Justice with local law
enforcement agencies and representatives from the secondhand
dealer businesses, pursuant to Resolution Chapter 16 of the Statutes
of 2010, and upon the availability of sufficient funds in the
Secondhand Dealer and Pawnbroker Fund created pursuant to
Section 21642.5, the department shall promptly develop a single,
statewide, uniform electronic reporting system to be used to
transmit these secondhand dealer reports. end delete

begin insert

(2) With the consultation by the Department of Justice with
local law enforcement agencies and representatives from the
secondhand dealer businesses, pursuant to Resolution Chapter 16
of the Statutes of 2010, and upon the availability of sufficient funds
in the Secondhand Dealer and Pawnbroker Fund created pursuant
to Section 21642.5, the department shall promptly develop a single,
statewide, uniform electronic reporting system to be used to
transmit these secondhand dealer reports.

end insert begin insert

(3) (A) Except as otherwise provided in this section, any report
required of a secondhand dealer shall be transmitted by electronic
means.

end insert begin delete

(2) (A)

end delete

begin insert (B) end insert  Until the date that the Department of Justice implements
the single, statewide, uniform electronic reporting system described
in paragraph begin delete (1), end delete begin insert (2), end insert each secondhand dealer may continue to
report the information required by this section under the reporting
categories described in paragraph (1) in paper format on forms
approved of or provided by the Department of Justice.

begin delete

(B)

end delete

begin insert (C) end insert  On and after the date that the Department of Justice
implements the single, statewide, uniform electronic reporting
system described in paragraph begin delete (1), end delete begin insert (2), end insert each secondhand dealer
shall electronically report using that system the information
required by this section under the reporting categories described
in paragraph begin delete (1), end delete begin insert (2), end insert except that for the first 30 days following
the implementation date, each secondhand dealer shall also report
the information in paper format as described in subparagraph begin delete (A) end delete
begin insert (B) end insert .

begin delete

(3)

end delete

begin insert (4) end insert  A coin dealer shall report the information required by this
section under the reporting categories described in paragraph (1)
on a form developed by the Attorney General that the coin dealer
shall transmit each day by facsimile transmission or by mail to the
chief of police or sheriff. A transaction shall consist of not more
than one item.

begin delete

(4)

end delete

begin insert (5) end insert  For purposes of this subdivision, “item” shall mean any
single physical article. However, with respect to a commonly
accepted grouping of articles that are purchased as a set, including,
but not limited to, a pair of earrings or place settings of china,
silverware, or other tableware, “item” shall mean that commonly
accepted grouping.

begin delete

(5)

end delete

begin insert (6) end insert  Nothing in this subdivision shall be construed as excepting
a secondhand dealer from the fingerprinting requirement of
begin insert paragraph (7) of end insert subdivision begin delete (g) end delete begin insert (a) end insert .

begin delete

(k)

end delete

begin insert (e) end insert  Nothing in this section shall be construed to exempt a person
licensed as a firearms dealer pursuant to Sections 26700 to 26915,
inclusive, of the Penal Code from the reporting requirements for
the delivery of firearms pursuant to Sections 26700 to 26915,
inclusive, of the Penal Code.

begin delete

  

end delete

begin delete

SECTION 1.  

Section 21643 of the Business and Professions
Code is amended to read:

21643.  

A transaction that requires reporting under Section
21628, or commencing July 1, 2010, Section 21628.2, shall not
be engaged in with a minor.

end delete