Amended in Assembly May 31, 2016

Amended in Assembly April 25, 2016

Amended in Assembly April 18, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1751

Introduced by Assembly Member Low

(Coauthors: Assembly Members Bigelow, Calderon, Cooper, Dababneh, Gatto, Jones, Jones-Sawyer, Lackey, Mathis, Mullin, Olsen, Rodriguez, Waldron, and Wilk)

(Coauthors: Senators Anderson, Berryhill, Block, Hill, Mendoza, Morrell, Nguyen, and Vidak)

February 2, 2016

An act to amend begin delete Section end delete begin insert Sections end insert 21628 begin insert and 21642.5 end insert of, begin insert to add Section 21627.5 to, end insert to repeal begin delete Section end delete begin insert Sections end insert 21628.1 begin insert and 21633 end insert of, and to repeal and add Section 21630 of, the Business and Professions Code, relating to secondhand goods, begin delete making an appropriation therefor, end delete and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1751, as amended, Low. Secondhand goods.

Existing law provides for the regulation of secondhand dealers and coin 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 local law enforcement agency to issue a license to engage in the business of a secondhand dealer or pawnbroker to an applicant who meets designated criteria. Existing law authorizes the local licensing authority and the Department of Justice to charge an initial licensure fee and a renewal fee, as specified. Existing law requires a secondhand dealer 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, among other things, the identification of the intended seller or pledger of the property, verified by the person taking the information by specified methods. Existing law requires the reporting of this information to the Department of Justice through a single, statewide, and uniform electronic reporting system. Existing law requires the Department of Justice to develop descriptive categories and secondhand dealers and coin dealers to use these categories in their reports.

This bill would begin insert define “CAPSS” as the California Pawnbroker and SecondhandDealer System, which is the single, statewide, and uniform electronic reporting system operated by the Department of Justice. The bill would eliminate the requirement that a secondhand dealer send reports on paper forms. The bill would end insert eliminate the requirements that the Department of Justice develop, and secondhand dealers and coin dealers use, descriptive categories in their reports of acquired tangible personal property. Instead, the bill would require the Department of Justice to accept the plain text property descriptions commonly recognized and utilized by the pawn and secondhand dealer industries. begin delete The bill would require the Department of Justice to encode the plain text property descriptions, as specified, and would require that necessary costs incurred by the department in mapping the plain text property descriptions received by pawnbrokers and secondhand dealers to any law enforcement database be funded by the Secondhand Dealer and Pawnbroker Fund, thereby making an appropriation. end delete begin insert The bill would authorize a secondhand dealer to utilize an article field descriptor provided by the Department of Justice, if using the article field descriptor would, in whole or in part, populate the property description. end insert This bill would prohibit the Department of Justice, chiefs of police, and sheriffs from requiring secondhand dealers to report any additional information other than that which is required by these provisions. The bill would require that begin delete the single, statewide, and uniform electronic reporting system end delete begin insert a future change to the reporting requirements of CAPSS that substantively alters the reporting standards end insert be implemented and operated in compliance with the Administrative Procedure Act and prohibit the Department of Justice from taking any action with respect to the implementation, operation, or maintenance of begin delete the electronic reporting system end delete begin insert CAPSS end insert by adoption of an emergency regulation. The bill would also require the Department of Justice to convene a meeting with the Department of Technology to discuss issues pertaining to any proposed changes or upgrades, and authorize the Department of Technology to provide technological assistance for ongoing improvements, updates, or changes, to begin delete the single, statewide, and uniform electronic reporting system. end delete begin insert CAPSS. end insert

Existing law provides an exception to the reporting requirement for the acquisition of the same property from the same customer within 12 months of a reported transfer, except when submission of the report is specifically requested in writing by the local authorities.

This bill would expand the reporting requirement exception to all acquisitions of the same property from the same customer within 12 months of a reported transfer.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

(a) It is the intent of the Legislature to clarify
that pawnbrokers and other secondhand dealers are to report their
acquisition of tangible personal property received in pledge, trade,
consignment, or auction or by purchase using plain text, in
descriptive language historically used in the pawn and secondhand
industries when reporting to the single, statewide, and uniform
electronic reporting system operated by the Department of Justice,
or if not yet implemented in their respective jurisdictions, on paper
forms sent to the local police chief or sheriff of the jurisdiction in
which the secondhand dealer is physically located.

(b) It is further the intent of the Legislature that by specifying
this manner of reporting, it will relieve all secondhand dealers and
pawnbrokers of the inherent costs and burdens imposed under
existing law that requires these businesses to report their daily
acquisitions of secondhand tangible personal property on paper
forms limited to a single transaction, or where the electronic
reporting system is implemented, the cost associated with
converting industry standard descriptions to specific law
enforcement categories, the ongoing costs of training to that
standard, and the costs of implementing software to maintain that
standard.

(c) Further, it is the intent of the Legislature that the Department
of Justice shall continue to accept the plain text descriptive
language historically used in the pawn and secondhand industries
and begin delete shall have the continuing obligation to convert those
descriptions as may be required by law enforcement databases in
order to protect the integrity of law enforcement databases. end delete begin insert may
provide article field descriptors to secondhand dealers in order
to facilitate communication between the single, statewide, and
uniform electronic reporting system and law enforcement
databases. end insert It is the intent of the Legislature that only properly
trained law enforcement personnel of the Department of Justice
or local law enforcement classify and encode for law enforcement
databases property reported by pawnbrokers and secondhand begin delete dealers and that all necessary costs required for the Department
of Justice to map the industry plain text property descriptions to
any law enforcement database be paid from the Secondhand Dealer
and Pawnbroker Fund established by subdivision (d) of Section
21642.5 of the Business and Professions Code. end delete begin insert dealers. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21627.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 21627.5. end insert   

“CAPSS” means the California Pawnbroker and
SecondhandDealer System, which is a single, statewide, uniform
electronic reporting system that receives secondhand dealer reports
and is operated by the Department of Justice consistent with
Resolution Chapter 16 of the Statutes of 2010. The maintenance
and operation of CAPSS is funded by the Secondhand Dealer and
Pawnbroker Fund established pursuant to Section 21642.5.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 21628 of the Business and Professions Code,
as amended by Section 1 of Chapter 169 of the Statutes of 2015,
is amended to read:

21628.  

(a) Every secondhand dealer or coin dealer described
in Section 21626 shall report daily, or begin delete on the first working day end delete begin insert no
later than the next business day excluding weekends and holidays end insert
after receipt or purchase of secondhand tangible personal property,
begin delete on forms or through an electronic reporting system approved by
the Department of Justice, end delete begin insert to CAPSS, end insert 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, begin delete to the electronic reporting
system operated by the Department of Justice, or until such time
as this system is operational in the jurisdiction where the
secondhand dealer is located, on paper forms sent to the chief of
police or to the sheriff, end delete in accordance with the provisions of
begin delete Sections end delete begin insert Section end insert 21630 begin delete and 21633 end delete and subdivision (d). The report
shall be legible, prepared in English, completed where applicable,
and include only the following information:

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

(2) 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, who may use
technology, including, but not limited to, cameras or software, or
both, to obtain information and verify identity remotely. 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:

(A) A passport of the United States.

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

(C) An identification card issued by any state.

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

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

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

(3) (A) A begin insert property description. The property description shall
be a end insert complete and reasonably accurate description of begin delete serialized end delete
begin insert the end insert property, including, but not limited to, the following: serial
begin delete number end delete begin insert number, personalized inscriptions, end insert and other identifying
marks or symbols, owner-applied numbers, begin delete manufacturer’s name
brand, and model name or number. end delete begin insert the size color, material, and,
if known by the secondhand dealer, the manufacturer’s pattern
name. The property description shall include the brand and model
name or number of the item if known to, or reasonably
ascertainable by, the secondhand dealer. The property description
may include a plain text description of the item generally accepted
by the secondhand industry. end insert 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) A secondhand dealer may utilize an article field descriptor,
the format of which shall be provided by the Department of Justice,
if using the article field descriptor would, in whole or in part,
accurately populate the property description with a plain text
description generally accepted in the secondhand industry. The
lack of an article field descriptor by a secondhand dealer shall
not be relevant to any determination as to whether the secondhand
dealer has received evidence of authority to sell or pledge the
property pursuant to paragraph (1) of subdivision (b).

end insert begin delete

(B)

end delete

begin insert (C) end insert  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. If none of these identifying numbers
are available by the time period required for reporting pursuant to
this subdivision, the report shall be updated with the IMEI, MEID,
or other unique identifying number assigned to that device by the
device manufacturer as soon as reasonably possible but no later
than 10 working days after receipt or purchase of the handheld
electronic device.

begin delete

(C)

end delete

begin insert (D) end insert  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.

begin delete

(4) 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.

(5)

end delete

begin insert (4) 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

(6)

end delete

begin insert (5) 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

(7)

end delete

begin insert (6) 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 insert

(7) A report submitted by a pawnbroker or secondhand dealer
shall be deemed to have been accepted by the Department of Justice
if a good faith effort has been made to supply all of the required
information. An error or omission on the report shall be noted,
and the reporting pawnbroker or secondhand dealer shall be
notified of the error or omission by the Department of Justice. A
reporting pawnbroker or secondhand dealer shall have three
business days from that notice to amend or correct the report
before being subject to any enforcement violation.

end insert

(b) (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

(c) 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.

end delete begin insert

(c) Upon request from a local law enforcement agency, the
Department of Justice shall electronically provide to the requesting
local law enforcement agency transaction data reported by a
secondhand dealer who is not licensed by the requesting local law
enforcement agency but who is attending a gun show or event, as
defined in Section 478.100 of Title 27 of the Code of Federal
Regulations, in the jurisdiction of the requesting local law
enforcement agency.

end insert

(d) (1) The Department of Justice shall recognize and accept
the plain text property descriptions generally accepted in the pawn
and secondhand industries provided by begin insert pawnbrokers and end insert
secondhand dealers, as has been the longstanding practice of chiefs
of police and sheriffs when they begin delete receive end delete begin insert had received end insert paper reports
from begin insert pawnbrokers and end insert secondhand dealers. begin delete The Department of
Justice shall have the continuing duty to encode the plain text
property descriptions received by pawnbrokers and secondhand
dealers for law enforcement databases in order for those
descriptions to be useful for law enforcement purposes. All
necessary costs incurred by the Department of Justice in mapping
the plain text property descriptions received by pawnbrokers and
secondhand dealers to any law enforcement database shall be
funded by the Secondhand Dealer and Pawnbroker Fund
established in subdivision (d) of Section 21642.5. end delete

begin delete

(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 delete begin delete

(3) (A) Except as otherwise provided in this section, any

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert report required of a secondhand dealer begin insert pursuant to this
section end insert shall be transmitted by electronic begin delete means. end delete begin insert means to CAPSS
by the secondhand dealer. end insert

begin delete

(B) Until the date that the Department of Justice implements
the single, statewide, uniform electronic reporting system described
in paragraph (2), 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 or provided by the Department of Justice. Chiefs of
police and sheriffs continuing to receive paper forms shall also
continue to recognize and accept the plain text property
descriptions generally recognized in the pawn and secondhand
industries.

(C) On and after the date that the Department of Justice
implements the single, statewide, uniform electronic reporting
system described in paragraph (2), each secondhand dealer shall
electronically report using that system the information required
by this section under the reporting standard described in paragraph
(1), 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 (B).

(D)

end delete

begin insert (3) end insert  Unless specifically identified in this section, the Department
of Justice, chiefs of police, and sheriffs shall not require a
secondhand dealer to include any additional information concerning
the seller, the pledger, or the property received by the secondhand
dealer in the report required by this section.

begin delete

(E) The single, statewide, and uniform electronic reporting
system required by this chapter

end delete

begin insert (4) end insert begin insert   end insert begin insert If there is a future change to the reporting requirements of
CAPSS that substantively alters the reporting standards provided
by this article, those changes end insert shall be implemented and operated
in compliance with the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code). In implementing and operating
begin delete the single, statewide, and uniform electronic reporting system
required by this chapter, end delete begin insert a future change to CAPSS, end insert the Department
of Justice, chiefs of police, and sheriffs shall comply with Sections
21637 and 21638. Notwithstanding any other law, the Department
of Justice shall not take any action with respect to the
implementation, operation, or maintenance of begin delete the electronic
reporting system end delete begin insert CAPSS end insert required by this chapter by adoption of
an emergency regulation.

begin delete

(F)

end delete

begin insert (5) end insert  On or before July 1, 2017, the Department of Justice shall
convene a meeting with the Department of Technology to discuss
issues pertaining to any proposed changes or upgrades to begin delete the single,
statewide, and uniform electronic reporting system end delete begin insert CAPSS end insert required
by this chapter. The Department of Technology may provide
technological assistance for ongoing improvements, updates, or
changes to begin delete the single, statewide, and uniform electronic reporting
system end delete begin insert CAPSS end insert required by this chapter, as requested.

begin delete

(4)

end delete

begin insert (6) end insert  A coin dealer shall report the information required by this
section under the reporting standard 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

(5)

end delete

begin insert (7) 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

(6)

end delete

begin insert (8) end insert  Nothing in this subdivision shall be construed as excepting
a secondhand dealer from the fingerprinting requirement of
paragraph begin delete (7) end delete begin insert (6) end insert of subdivision (a).

(e) 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 SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 21628.1 of the Business and Professions Code
is repealed.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 21630 of the Business and Professions Code
is repealed.

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

Section 21630 is added to the Business and Professions
Code, to read:

21630.  

(a) A secondhand dealer begin insert or coin dealer end insert shall
electronically transmit to begin delete the Department of Justice’s single,
statewide, uniform electronic reporting system on end delete begin insert CAPSS no later
than the next business day after end insert the date of transaction begin insert excluding
weekends and holidays end insert or, if not then possible due to an electrical,
telecommunications, or other malfunction, as soon as reasonable
thereafter, the report of acquisition of tangible personal property
as required by Section 21628.

(b) Notwithstanding Section 21628, submission of a tangible
property acquisition report is not required if the report of an
acquisition of the same property from the same customer has been
submitted within the preceding 12 months.

begin delete

(c) If the electronic reporting system operated by the Department
of Justice has not been implemented in the jurisdiction where the
secondhand dealer is located, the report shall be submitted to the
chief of police of the city or his or her designee within the territorial
limits of the incorporated city in which the secondhand dealer is
located. If the transaction takes place outside the territorial limits
of an incorporated city in which the secondhand dealer is located,
the report shall be submitted to the sheriff of the county or his or
her designee.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 21633 of the end insert begin insert Business and Professions Code end insert

begin insert is repealed. end insert

begin delete

21633.  

The report forms approved by the Department of Justice
shall consist of not less than an original and two copies. The
Department of Justice shall not require the report form to consist
of more than an original and two copies when the forms are
obtained from a source other than the department. A local law
enforcement agency may request secondhand dealers within its
jurisdiction to use a report form consisting of more than an original
and two copies. However, each secondhand dealer or group of
dealers shall be required only to use a form consisting of an original
and two copies when the dealer does not use a form obtained from
the Department of Justice.

The Department of Justice shall allow the use of forms which
are compatible with computerization. The original and the duplicate
copy shall be submitted by the secondhand dealer in accordance
with the provisions of Sections 21628 and 21630. One copy shall
be retained by the secondhand dealer in his place of business for
a period of three years and shall be made available for inspection
by any law enforcement officer.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 21642.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

21642.5.  

(a) The Department of Justice shall require each
applicant for an initial license under Section 21641 of this code or
Section 21300 of the Financial Code and each applicant for renewal
of a license under Section 21642 of this code or Section 21301 of
the Financial Code to pay a fee not to exceed three hundred dollars
($300), but in no event exceeding the costs described in subdivision
(b), except that the fee may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled
and reported by the Department of Industrial Relations.

(b) The fees assessed pursuant to subdivision (a) shall be no
more than necessary to cover the reasonable regulatory costs to
the department of doing all of the following:

(1) Processing initial license applications under Section 21641
of this code and Section 21300 of the Financial Code.

(2) Processing renewal applications under Section 21642 of this
code and Section 21301 of the Financial Code.

(3) Implementing, operating, and maintaining begin delete the single,
statewide, uniform electronic reporting system end delete begin insert CAPSS end insert described
in begin delete subdivision (j) of end delete Section begin delete 21628. end delete begin insert 21627.5. end insert

(c) All licensees holding a license issued before the effective
date of the act adding this section pursuant to Section 21641 or
21642 of this code or Section 21300 or 21301 of the Financial
Code shall, within 120 days after enactment of the act adding this
section in the 2011-12 Regular Session, in addition to any fee
required under subdivision (a), pay a fee not to exceed two hundred
eighty-eight dollars ($288) to the Department of Justice.

(d) The fees paid pursuant to subdivisions (a) and (c) shall be
deposited in the Secondhand Dealer and Pawnbroker Fund, which
is hereby established in the State Treasury. The revenue in the
fund shall, upon appropriation by the Legislature, be used by the
Department of Justice for the purpose of paying for the costs
described in paragraphs (1) to (3), inclusive, of subdivision (b),
except that the revenue received pursuant to subdivision (c) shall,
upon appropriation by the Legislature, be used by the Department
of Justice for the purpose of paying for the costs described in
paragraph (3) of subdivision (b).

(e) Applicants described in subdivision (a) shall submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice for the purposes of obtaining
information as to the existence and contents of a record of state
convictions and state arrests and information as to the existence
and contents of a record of state arrests for which the Department
of Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal.

(1) The Department of Justice shall prepare a state-level
response pursuant to paragraph (1) of subdivision (l) of Section
11105 of the Penal Code.

(2) The Department of Justice shall provide subsequent
notification service pursuant to Section 11105.2 of the Penal Code
for applicants described in this subdivision.

(3) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this
subdivision. The fee revenues shall be deposited in the Fingerprint
Fee Account and shall, upon appropriation by the Legislature, be
used by the department for the purposes of paying the costs
associated with this subdivision.

begin delete SEC. 6. end delete

begin insert SEC. 9. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to make the single, statewide, uniform electronic system
a cost savings for secondhand dealers and pawnbrokers, the plain
text property descriptions historically utilized by these industries
must be accepted by the Department of Justice, just as these plain
text descriptions have historically been accepted by chiefs of police
and sheriffs.

Further, to protect the integrity of law enforcement databases,
it is necessary to specify that only trained law enforcement
personnel shall input classification codes of property reported by
these businesses, not the businesses themselves.