Bill Text: CA AB2236 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 2236 (Prior Session Legislation)

Introduced

Bill Title: Secondhand goods: tangible personal property.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2236 Detail]

Download: California-2015-AB2236-Introduced.html

BILL NUMBER: AB 2236	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Santiago and Bonta
   (Coauthor: Senator Stone)

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 21627 of the Business and Professions Code is
amended to read:
   21627.  (a) As used in this article, "tangible personal property"
means all secondhand tangible personal property  whose value
exceeds nine hundred fifty dollars ($950) and  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.
   (b) "Tangible personal property" also means the following:
   (1) All tangible personal property, new or used, including motor
vehicles, received in pledge as security for a loan by a pawnbroker.
   (2) All tangible personal property  whose value exceeds nine
hundred fifty dollars ($950) and 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.
   (3) All 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.   goods and whose value
exceeds nine hundred fifty dollars ($950).  A list of such
personal property shall be supplied by the Attorney General to all
local law enforcement agencies and posted on the Attorney General's
Internet Web site. Such list shall be updated annually by the
Attorney General, beginning January 1, 2016, to ensure that it
addresses current problems with stolen goods.
   (c) As used in this article, "tangible personal property" does not
include any new goods or merchandise purchased from a bona fide
manufacturer or distributor or wholesaler of such new goods or
merchandise by a secondhand dealer. For the purposes of this article,
however, a secondhand dealer shall retain for one year from the date
of purchase, and shall 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.
   (d) As used in this article, "tangible personal property" does not
include coins, monetized bullion, or commercial grade ingots of
gold, silver, or other precious metals. "Commercial grade ingots"
means 0.99 fine or finer ingots of gold, silver, palladium, or
platinum, or 0.925 fine sterling silver art bars and medallions,
provided that the ingots, art bars, and medallions are marked by the
refiner or fabricator as to their assay fineness.
   (e) For purposes of this article, a "significant class of stolen
goods" means those items determined through the Department of Justice'
s annual "Crime in California" report to constitute more than 10
percent of property reported stolen in the calendar year preceding
the annual posting of the list of significant classes of stolen
goods.