BILL NUMBER: AB 1182	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  APRIL 21, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Santiago
   (Coauthors: Assembly Members Bonta and Cooley)
   (Coauthor: Senator Pan)

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1182, as amended, 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
those purposes as including secondhand tangible personal property
that bears or bears evidence of having had a serial number or
personalized initials and new or used tangible personal property that
is received as security for a loan by a pawnbroker or is commonly
sold by secondhand dealers and part of a significant class of stolen
goods. Existing law requires the Attorney General to supply to local
law enforcement agencies and periodically update a list of that
personal property commonly sold by secondhand dealers and part of a
significant class of stolen goods.
   This bill would require the Attorney General to update that list
annually and post the list on his or her Internet Web site.  The
bill would allow a county law enforcement agency to use its own list,
as described, until the Attorney General provides the first annual
updated list.  The bill would instead specify that "tangible
personal property" means secondhand tangible personal property that
bears or bears evidence of having had a serial number or personalized
initials and new or used tangible personal property that is received
as security for a loan by a pawnbroker or is commonly sold by
secondhand dealers and part of a significant class of stolen goods.
   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 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 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)  (A)    All personal property commonly sold
by secondhand dealers which statistically is found through crime
reports to the Attorney General to constitute a significant class of
stolen goods. 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 to insure that it addresses
current problems with stolen goods. 
   (B) A county law enforcement agency may use its own list of
personal property commonly sold by secondhand dealers which
statistically is found through crime reports to the county law
enforcement agency to constitute a significant class of stolen goods
until the Attorney General provides the first annual update of the
list of personal property. 
   (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.