AB 2236, as introduced, 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 these purposes to include and exclude specified types of property. Existing law includes in this definition secondhand tangible personal property that bears specified unique identifiers or that bears, at the time it is acquired by the secondhand dealer, evidence of having had such specified unique identifiers. Existing law also includes in this definition all tangible personal property that bears specified unique identifiers that is purchased by a secondhand dealer or a pawnbroker or that bears, at the time of such purchase, evidence of having had specified unique identifiers. Existing law also includes in this definition tangible personal property that the Attorney General statistically determines through the most recent Department of Justice “Crime in California” report to constitute a significant class of stolen goods, as defined.
This bill would define “tangible personal property” to exclude these specified types of property that have a value of $950 or less.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21627 of the Business and Professions
2Code is amended to read:
(a) As used in this article, “tangible personal property”
4means all secondhand tangible personal propertybegin insert whose value
5exceeds nine hundred fifty dollars ($950) andend insert which bears a serial
6number or personalized initials or inscription or which, at the time
7it is acquired by the secondhand dealer, bears evidence of having
8had a serial number or personalized initials or inscription.
9(b) “Tangible personal property” also means the following:
10(1) All tangible personal property, new or used, including motor
11vehicles, received in pledge as security for a loan by a pawnbroker.
12(2) All tangible personal propertybegin insert whose value exceeds nine
13hundred fifty dollars ($950) andend insert that bears a serial number or
14personalized initials or inscription which is purchased by a
15secondhand dealer or a pawnbroker or which, at the time of such
16purchase, bears evidence of having had a serial number or
17personalized initials or inscription.
18(3) All tangible personal property that the Attorney General
19statistically determines through the most recent Department of
20Justice “Crime in California” report to constitute a significant class
21of stolenbegin delete goods.end deletebegin insert goods and whose value exceeds nine hundred fifty
22dollars ($950).end insert
A list of such personal property shall be supplied
23by the Attorney General to all local law enforcement agencies and
24posted on the Attorney General’s Internet Web site. Such list shall
25be updated annually by the Attorney General, beginning January
261, 2016, to ensure that it addresses current problems with stolen
27goods.
28(c) As used in this article, “tangible personal property” does not
29include any new goods or merchandise purchased from a bona fide
30manufacturer or distributor or wholesaler of such new goods or
31merchandise by a secondhand dealer. For the purposes of this
32article, however, a secondhand dealer shall retain for one year
33from the date of purchase, and shall make available for inspection
P3 1by any law enforcement officer, any receipt, invoice, bill of sale
2or other evidence of purchase of such new goods or merchandise.
3(d) As used in this article, “tangible personal
property” does
4not include coins, monetized bullion, or commercial grade ingots
5of gold, silver, or other precious metals. “Commercial grade ingots”
6means 0.99 fine or finer ingots of gold, silver, palladium, or
7platinum, or 0.925 fine sterling silver art bars and medallions,
8provided that the ingots, art bars, and medallions are marked by
9the refiner or fabricator as to their assay fineness.
10(e) For purposes of this article, a “significant class of stolen
11goods” means those items determined through the Department of
12Justice’s annual “Crime in California” report to constitute more
13than 10 percent of property reported stolen in the calendar year
14preceding the annual posting of the list of significant classes of
15stolen goods.
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