BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1182


                                                                     Page 1





          Date of Hearing:  April 28, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 1182  
          Santiago - As Amended April 21, 2015


          SUBJECT:  Secondhand goods:  tangible personal property.


          SUMMARY:  Narrows the current definition of tangible personal  
          property, as specified, and requires the Department of Justice  
          (DOJ) to annually update the list of items which represent a  
          significant class of stolen goods and post it on its website.   


          EXISTING LAW:


          1)Defines a "secondhand dealer" as any person, co-partnership,  
            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 and specifies that a "secondhand dealer"  
            does not include a coin dealer or participant at gun shows or  
            events, as specified.  (Business and Professions Code (BPC)  
            Section 21626 (a))

          2)Specifies that "secondhand dealers" are not persons who  
            perform the services of an auctioneer for a fee or salary, or  
            persons whose business is limited to the reconditioning and  
            selling of major household appliances, as long as specified  
            conditions are met.  (BPC Section 21626.5)








                                                                    AB 1182


                                                                     Page 2










          3)States that "tangible personal property" includes, but is not  
            limited to, all secondhand tangible personal property which  
            bears a serial number or personalized initials or inscription,  
            or which at the time it is acquired by the secondhand dealer,  
            bears evidence of having had a serial number or personalized  
            initials or inscription.   (BPC Section 21627(a))

          4)States that tangible personal property also includes, but is  
            not limited to, the following:  (BPC Section 21627(b))





             a)   All tangible personal property, new or used, including  
               motor vehicles, received in pledge as security for a loan  
               by a pawnbroker; 
             b)   All tangible personal property that bears a serial  
               number or personalized initials or inscription which is  
               purchased by a secondhand dealer or a pawnbroker or which,  
               at the time of such purchase, bears evidence of having had  
               a serial number or personalized initials or inscription;  
               and,



             c)   All personal property commonly sold by secondhand  
               dealers which statistically is found through crime reports  
               to the DOJ to constitute a significant class of stolen  
               goods.  A list of such personal property shall be supplied  
               by the DOJ to all local law enforcement agencies.  The list  
               shall be reviewed periodically by the DOJ to insure that it  
               addresses current problems with stolen goods.









                                                                    AB 1182


                                                                     Page 3







          5)Specifies that "tangible personal property" does not include  
            any new goods or merchandise purchased from a bona fide  
            manufacturer, distributor, or wholesaler of such new goods or  
            merchandise by a secondhand dealer, and requires a secondhand  
            dealer to retain for one year from the date of purchase, and  
            make available for inspection by any law enforcement officer,  
            any receipt, invoice, bill of sale or other evidence of  
            purchase of such new goods or merchandise.  (BPC Section  
            21627(c))

          6)Specifies that "tangible personal property" does not include  
            coins, monetized bullion, or commercial grade ingots of gold,  
            silver, or other precious metals, as specified.  (BPC Section  
            21627(d))



          7)Requires every secondhand dealer or coin dealer, as specified  
            to 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 (DOJ), 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, as specified.  (BPC Section 21628)



          8)Requires the report to be legible, prepared in English,  
            completed where applicable, and include, but not be limited  
            to, the following information:  (BPC Section 21628)

             a)   The name and current address of the intended seller or  
               pledger of the property; 










                                                                    AB 1182


                                                                     Page 4






             b)   The identification of the intended seller or pledger, as  
               specified; 



             c)   A complete and reasonably accurate description of  
               serialized property, including, but not limited to: serial  
               number and other identifying marks or symbols,  
               owner-applied numbers, manufacturer's named brand, and  
               model name or number;



             d)   A complete and reasonably accurate description of  
               non-serialized property, including, but not limited to:  
               size, color, material, manufacturer's pattern name (when  
               known), owner-applied numbers and personalized  
               inscriptions, and other identifying marks or symbols;



             e)   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;



             f)   A certification by the intended seller or pledger that  
               to his or her knowledge and belief the information is true  
               and complete;



             g)   A legible fingerprint taken from the intended seller or  
               pledger, as specified; and, 











                                                                    AB 1182


                                                                     Page 5





             h)   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, as specified. 

          9)Requires the DOJ, in consultation with appropriate local law  
            enforcement agencies, to develop clear and comprehensive  
            descriptive categories denoting tangible personal property, as  
            specified.  (BPC Section 2168(j))

          10)Requires the DOJ to develop a single, statewide, uniform,  
            electronic reporting system to be used to transmit required  
            secondhand dealer reports, as specified.  (BPC Section  
            21628(j)(1)).



          THIS BILL:


           1) Narrows the definition of "tangible personal property" to  
             mean only those elements listed in current law.  
           2) Requires the DOJ, to update its list annually of personal  
             property commonly sold by secondhand dealers which is  
             statistically found through crime reports to constitute a  
             significant class of stolen goods and post the list on the  
             DOJ's website.


          FISCAL EFFECT:   Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel.  


          COMMENTS:


          1)Purpose.  This bill is sponsored by the  California Association  
            of Resellers, ReUsers and Buyer  s.  According to the author,  
            "?with the passage of AB 391[(Pan) Chapter, 172, Statutes of  








                                                                    AB 1182


                                                                     Page 6





            2012], secondhand dealers (who do not sell serialized goods or  
            goods which are statistically found through crime reports to  
            the [DOJ] to constitute a significant class of stolen goods to  
            be licensed as a secondhand dealer) will now need to take the  
            name and current address of the intended seller of the  
            property, take the identification of the intended seller or  
            pledger and a legible fingerprint from the intended seller, to  
            report daily, and to retain for 30 days all tangible personal  
            property reported.  
            
            As outlined, California law imposes all of the above-mentioned  
            regulatory requirements on every secondhand dealer, regardless  
            of how large the number of identical items or how low the  
            value of each item bought and sold. As written, separate  
            individual reports will need to be made for every used book,  
            every old doorknob, every piece of colored glass, every old  
            name badge or game piece (amongst thousands of other items)  
            sold within the state of California.  There is also no  
            consideration made for items that have been gathered over the  
            past several decades for which re-sellers would be unable to  
            locate the initial owners (for purposes of gaining their  
            information, fingerprints, and identification)?.With this in  
            mind, [this bill] seeks to clarify existing law, provide law  
            enforcement useful data they need in order to curtail the  
            dissemination of stolen property and to facilitate the  
            recovery of such property, and remove an unnecessary burden on  
            secondhand dealers."  

          1)Background.  This bill seeks to revise the definition of  
            "tangible personal property" by narrowing the list of items  
            which are considered to be "tangible personal property."  By  
            narrowing the list of items considered "tangible personal  
            property," this bill will limit the category of secondhand  
            items that need to be reported to local law enforcement on a  
            daily basis.  Currently, "tangible personal property" is  
            defined as the items referenced in BPC Section 21627(b), but  
            current law does not restrict the definition to only those  
            items listed.  This bill will revise the definition by  
            specifying that "tangible personal property" only includes the  








                                                                    AB 1182


                                                                     Page 7





            items that are listed under BPC 21627(b), such as items that  
            bear a serial number and all personal property commonly sold  
            by secondhand dealers which are found through crime reports to  
            the DOJ that constitute a significant class of stolen goods.   
            This bill does not alter the reporting requirements for  
            secondhand dealers if they acquire an item that would meet the  
            revised definition of tangible person property. 
          According to the DOJ, the regulation of secondhand dealers  
            occurred as a result of legislation in 1980 in an effort to  
            provide law enforcement agencies with a means to curtail the  
            selling of stolen property and to facilitate its recovery by  
            means of a uniform statewide, state-administered secondhand  
            dealer licensing and reporting program.  


          Pursuant to BPC Section 21641, local entities such as police  
            chiefs, the sheriff, or where appropriate the police  
            commission have the responsibility to incorporate the  
            Secondhand Dealer and Pawnbroker licensing process into their  
            local programs.  It is the responsibility of the local  
            licensing agency to administer, maintain, and enforce state  
            law regarding the secondhand dealer or pawnbroker licenses.   
            Persons, entities, or corporations wishing to conduct business  
            as a secondhand dealer or pawnbroker, must first apply for a  
            specific license to conduct the business with the local  
            licensing agency (chief of police or sheriff) who then  
            receives background check results and a license number issued  
            by the DOJ's Secondhand Dealer and Pawnbroker Unit. 


            Secondhand Dealers.  A secondhand dealer includes a person,  
            business or corporation whose main purpose is to buy, sell,  
            trade, take in pawn, accept for sale on consignment, or accept  
            for auction, secondhand tangible personal property.  Current  
            law specifically exempts certain individuals from the  
            definition of a secondhand dealer, including coin dealers,  
            certain auctioneers and certain appliance repair persons.  










                                                                    AB 1182


                                                                     Page 8






          Secondhand Dealer Transactions and Reporting Requirements.   
            Traditional secondhand dealer transactions typically take  
            place through face-to-face encounters where applicable state  
            and local laws can apply, such as California's 30-day hold  
            requirement.  Under current law, secondhand dealers are  
            required to report daily or on the first working day after the  
            receipt or purchase of secondhand personal property on forms  
            or through the electronic database (once completely  
            functional), all of the secondhand tangible personal property  
            which has been purchased, taken in trade, taken in pawn, or  
            accepted for sale or consignment.  Because the electronic  
            database is not currently available, the reports of tangible  
            personal property items are currently required to be submitted  
            directly to local law enforcement.  As noted by the author,  
            because the definition of personal tangible property is so  
            broad, the secondhand dealers feel compelled to report all  
            secondhand transition items, even those which may be of minor  
            material value such as door knobs, used books or old game  
            pieces.  


          DOJ List.  The intent of narrowing the definition of "tangible  
            personal property" is to limit the number of secondhand  
            transactions that must be reported by secondhand dealers to  
            those which are of significance for crime tracking purposes.   
            As noted, the definition of "tangible personal property"  
            includes all personal property that bears a serial number or  
            personalized initials or inscription and those items found on  
            a list compiled by the DOJ.  Currently, BPC Section 21627(3)  
            requires the DOJ to provide its list of personal property  
            which statistically is found through crime reports to  
            constitute a significant class of stolen goods to local law  
            enforcement.  Depending on the size, type, and number of items  
            reported on the list as determined by the DOJ, it could  
            significantly expand or reduce those items which are  
            considered "tangible personal property."  Currently, there are  
            only two items on the DOJ's Secondhand Dealer Report  
            including: jewelry and sterling silverware.  This limited list  








                                                                    AB 1182


                                                                     Page 9





            means that the definition of "tangible personal property" will  
            only include those two items along with anything that has a  
            serial number.  


          According to the author, the Federal Bureau of Investigation  
            provides a list of stolen goods which contains an expansive  
            list of items including tangible goods such as handbags, pelts  
            or skins for apparel purposes, and bikes.  It is unclear how  
            often or the last time DOJ updated its list of items found  
            through crime reports to be statistically significant.   
            However, this bill will require the DOJ to update its list  
            annually which depending on the process for obtaining the  
            necessary data for its list, could expand or reduce those  
            items that need to be reported annually.  


          Electronic Reporting Database.  In 2012, AB 391 (Pan) was  
            enacted and established a new requirement that secondhand  
            dealers and pawnbrokers electronically report to the DOJ all  
            secondhand tangible property which has been purchased, taken  
            in trade, taken in pawn, accepted for sale on consignment or  
            accepted for auctioning.  The enacted statute mandates  
            licensed secondhand dealers and pawnbrokers use the new  
            system, the California Automated Pawn and Secondhand Dealer  
            System (CAPPS), to submit the requisite tangible personal  
            property transaction information to the DOJ.  The utilization  
            of the electronic database will not change the reporting  
            requirements for secondhand dealers.  This bill would  
            potentially decrease the number of items that a secondhand  
            dealer would be required to report daily to local law  
            enforcement who utilize the information to look for stolen  
            property. 


          The author contends that traditional secondhand dealers  
            typically obtain their "tangible personal property" from  
            estate sales and re-sell that property at brick-and-mortar  
            locations, antique fairs or on the Internet.  These venues are  








                                                                    AB 1182


                                                                     Page 10





            typically not magnets for criminal activity or the re-sale of  
            stolen property.  


          Attorney General Opinion.  The current definition of "tangible  
            personal property" is seen as being too broad.  Because the  
            definition states items, "including, but not limited to," it  
            provides for a wide interpretation of what must be included in  
            any secondhand transaction-it could potentially include  
            anything.  Because of the reporting requirements, it is  
            necessary for secondhand dealers to understand what is  
            included under the definition of "tangible personal property."  


          For instance, in 1996, an Attorney General opinion was requested  
            to determine whether or not baseball trading cards constitute  
            "tangible personal property".  According to the opinion,  
            "Baseball trading cards purchased by a card shop do not  
            constitute tangible personal property for purposes of  
            regulation under the Secondhand Goods Law" (79  
            Ops.Cal.Atty.Gen. 103).  Given the broad definition of  
            "tangible personal property" there may be other items which  
            fall into the potential category of "tangible personal  
            property," but without a formal DOJ opinion, secondhand  
            dealers must operate as if all property is required to be  
            reported.  
          
           3) Current Related Legislation.  AB 632 (Eggman) of the current  
             legislative session, would authorize specified unique  
             identifying numbers to be used as the serial number reported  
             for handheld electronic devices, as specified.  STATUS:  This  
             bill is pending in the Assembly Committee on Business and  
             Professions.  
           4) Prior Related Legislation.  AB 391 (Pan), Chapter 172,  
             Statutes of 2012, established the process and fee schedule to  
             implement a single, statewide, uniform electronic reporting  
             system for pawnbrokers and secondhand dealers as specified  
             administered by the DOJ.









                                                                    AB 1182


                                                                     Page 11






          ARGUMENTS IN SUPPORT: 


          The  California Association of Resellers, Reusers, and Buyers   
          writes in support, "We want to make sure law enforcement has the  
          data they need to go after stolen goods.  But current law  
          requires the reporting of many goods that are not necessary for  
          that purpose and impose unreasonable burden on legitimate  
          secondhand dealers like me.  The solution to this problem is for  
          the Legislature to clarify exisitng law to provide that  
          "tangible personal property" means all secondhand tangible  
          personal property which bears a serial number or personalized  
          initials or inscriptions which is statistically found through  
          crime reports to the Attorney General to constitute a  
          significant class of stolen goods."


          ARGUMENTS IN OPPOSITION:


          None of file. 


          POLICY ISSUE FOR CONSIDERATION:


          While the intent of narrowing the definition of "tangible  
          personal property is to mitigate a reporting burden on  
          secondhand dealers who tend to deal with a wide variety of used  
          goods such as doorknobs and colored glass, which may not be  
          related to commonly stolen good, due to the limited number of  
          items currently disclosed on the DOJ's list of commonly stolen  
          items, it may be prudent to authorize a county law enforcement  
          agency to provide a supplemental list to secondhand dealers  
          within their jurisdiction if they choose.  In addition, the  
          author may wish to consider establishing a deadline for the DOJ  
          to update its list in order to provide consistency across  
          jurisdictions.  








                                                                    AB 1182


                                                                     Page 12







          AMENDMENT(S):


          On page 2, line 16, after "3", insert:  (A)  


          On page 2, line 23, after "good." Insert:  (B) Only until the  
          Attorney General provides the first annual update of that list  
          of personal property, a county law enforcement agency may use  
          its own list.  


          REGISTERED SUPPORT:  


          California Association of Resellers, Reusers, & Buyers (sponsor)


          Californians Against Waste


          Numerous individuals




          REGISTERED OPPOSITION:  
          None on file. 




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301












                                                                    AB 1182


                                                                     Page 13