Amended in Assembly April 21, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1182


Introduced by Assembly Member Santiago

(begin deleteCoauthor: end deletebegin insertCoauthors: end insertAssemblybegin delete Memberend deletebegin insert Members Bonta andend insert Cooley)

(Coauthor: Senator Pan)

February 27, 2015


An act to amend Section 21627 of the Business and Professions Code, relating to secondhand goods.

LEGISLATIVE COUNSEL’S DIGEST

AB 1182, as amended, 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.begin insert Existing law requires the Attorney General to supply to local law enforcement agencies and periodically update a list of that personal property commonly sold by secondhand dealers and part of a significant class of stolen goods.end insert

This billbegin insert would require the Attorney General to update that list annually and post the list on his or her Internet Web site. The billend insert 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 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.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 21627 of the Business and Professions
2Code
is amended to read:

3

21627.  

(a) As used in this article, “tangible personal property”
4means all secondhand tangible personal property which bears a
5serial number or personalized initials or inscription or which, at
6the time it is acquired by the secondhand dealer, bears evidence
7of having had a serial number or personalized initials or inscription.

8(b) “Tangible personal property” also means the following:

9(1) All tangible personal property, new or used, including motor
10vehicles, received in pledge as security for a loan by a pawnbroker.

11(2) All tangible personal property that bears a serial number or
12personalized initials or inscription which is purchased by a
13secondhand dealer or a pawnbroker or which, at the time of such
14purchase, bears evidence of having had a serial number or
15personalized initials or inscription.

16(3) All personal property commonly sold by secondhand dealers
17which statistically is found through crime reports to the Attorney
18General to constitute a significant class of stolen goods. A list of
19such personal property shall be supplied by the Attorney General
20to all local law enforcementbegin delete agencies.end deletebegin insert agencies and posted on the
21Attorney General’s Internet Web site.end insert
Such list shall bebegin delete reviewed
22periodicallyend delete
begin insert updated annuallyend insert by the Attorney General to insure
23that it addresses current problems with stolen goods.

24(c) As used in this article, “tangible personal property” does not
25include any new goods or merchandise purchased from a bona fide
26manufacturer or distributor or wholesaler of such new goods or
27merchandise by a secondhand dealer. For the purposes of this
P3    1article, however, a secondhand dealer shall retain for one year
2from the date of purchase, and shall make available for inspection
3by any law enforcement officer, any receipt, invoice, bill of sale
4or other evidence of purchase of such new goods or merchandise.

5(d) As used in this article, “tangible personal property” does
6not include coins, monetized bullion, or commercial grade ingots
7of gold, silver, or other precious metals. “Commercial grade ingots”
8means 0.99 fine or finer ingots of gold, silver, palladium, or
9platinum, or 0.925 fine sterling silver art bars and medallions,
10provided that the ingots, art bars, and medallions are marked by
11the refiner or fabricator as to their assay fineness.



O

    97