BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 99|
|Office of Senate Floor Analyses | |
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|327-4478 | |
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THIRD READING
Bill No: AB 99
Author: De Leon (D)
Amended: 8/20/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 7/14/09
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Benoit, Huff
ASSEMBLY FLOOR : 48-28, 4/13/09 - See last page for vote
SUBJECT : Secondhand and coin dealers: identification of
seller
or pledger
SOURCE : Collateral Loan and Secondhand Dealers
Association
of California
DIGEST : This bill provides that a Matricula Consular, in
addition to another item of identification bearing an
address, can be a document which can verify the
identification of a seller or pledger of property to a
secondhand dealer or a coin dealer.
Senate Floor Amendments of 8/20/09 add technical chaptering
amendments.
ANALYSIS : Existing law states that it "is the intent of
the Legislature in enacting (specified statutory
CONTINUED
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provisions) to curtail the dissemination of stolen property
and to facilitate the recovery of stolen property by means
of a uniform, statewide, state-administered program of
regulation of persons whose principal business is the
buying, selling, trading, auctioning, or taking in pawn of
tangible personal property and to aid the State Board of
Equalization to detect possible sales tax evasion.
"Further, it is the intent of the Legislature to require
the uniform statewide reporting of tangible personal
property acquired by persons whose principal business is
the buying, selling, trading, auctioning, or taking in pawn
of tangible personal property, unless the property or the
transaction is specifically exempt herein, for the purpose
of correlating these reports with other reports of city,
county, and city and county law enforcement agencies and
further utilizing the services of the Department of Justice
to aid in tracing and recovering stolen property."
(Business and Professions Code Section 21625.)
Under current law a "secondhand dealer," for purposes
relevant to this bill, "means and includes any person,
copartnership, 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."
(Business and Professions Code Section 21626 (a).)
Under current law a "coin dealer" for purposes relevant to
this bill "means any person, firm, partnership, or
corporation whose principal business is the buying,
selling, and trading of coins, monetized bullion, or
commercial grade ingots of gold, or silver, or other
precious metals." (Business and Professions Code Section
21626 (b).)
Current law requires every secondhand dealer or coin
dealer, as specified, to "report daily, or on the first
working day after receipt or purchase of the property, all
tangible personal property which he/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. (Business and
Professions Code Section 21628.)
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Current law requires that the report described above "be
legible, prepared in English, completed where applicable,
and include, but not be limited to, 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.
3. A complete and reasonably accurate description of
serialized property, as specified.
4. A complete and reasonably accurate description of
nonserialized property, as specified.
5. 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.
6. A certification by the intended seller or pledger that
to his/her knowledge and belief the information is true
and complete.
7. A legible fingerprint taken from the intended seller or
pledger, as specified. (Id.)
Current law requires that 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, is signed by the person, and bears a
serial or other identifying number:
1. A passport of the United States.
2. A driver's license issued by any state, or Canada.
3. An identification card issued by any state.
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4. An identification card issued by the United States.
5. A passport from any other country in addition to another
item of identification bearing an address. (Id.)
This bill adds the following to this list of documents upon
which identification verification could be based under this
section:
"6.) A Matricula Consular in addition to another item of
identification bearing an address."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/24/09)
Collateral Loan and Secondhand Dealers Association of
California (source)
California Immigrant Policy Center
San Ysidro Chamber of Commerce
San Ysidro Business Association;
ARGUMENTS IN SUPPORT : The author office states, current
law is very specific as to what documents may be used as
identification in a pawn transaction, which include: (1) a
passport of the United States; (2) a driver's license
issued by any state, or Canada; (3) an identification card
issued by any state; (4) an identification card issued by
the United States; and (5) a passport from any other
country in addition to another item of identification
bearing an address. This bill adds a Matr?cula Consular as
an acceptable form of identification for secondhand pawn
transactions.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blumenfield, Brownley,
Caballero, Charles Calderon, Carter, Chesbro, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Furutani, Galgiani, Gilmore, Hall, Hayashi,
Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez,
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Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,
Fletcher, Fuller, Gaines, Garrick, Hagman, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Block, Buchanan, Harkey, V. Manuel Perez
RJG:do 8/26/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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