BILL NUMBER: AB 2569 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones
FEBRUARY 21, 2014
An act to amend Section 21628 of the Business and Professions
Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
AB 2569, as introduced, Jones. Secondhand dealers and coin
dealers: reporting.
Existing law generally requires secondhand dealers and coin
dealers, as defined, to report specified transactions to the local
law enforcement agency where their businesses are located. Under
existing law, secondhand dealers are required to report this
information using an electronic reporting system developed by the
Department of Justice, as specified, and coin dealers are required to
transmit the report by mail or facsimile on a form developed by the
Attorney General, as specified.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21628 of the Business and Professions Code is
amended to read:
21628. (a) Every secondhand dealer or coin
dealer described in Section 21626 shall report daily, or on the first
working day after receipt or purchase of secondhand tangible
personal property, on forms or through an electronic reporting system
approved by the Department of Justice, 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, to the chief of police or to
the sheriff, in accordance with the provisions of Sections 21630 and
21633 and subdivision (j) (d) . The
report shall be legible, prepared in English, completed where
applicable, and include, but not be limited to, the following
information:
(a)
(1) The name and current address of the intended seller
or pledger of the property.
(b)
(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. 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:
(1)
(A) A passport of the United States.
(2)
(B) A driver's license issued by any state or Canada.
(3)
(C) An identification card issued by any state.
(4)
(D) An identification card issued by the United States.
(5)
(E) A passport from any other country in addition to
another item of identification bearing an address.
(6)
(F) A Matricula Consular in addition to another item of
identification bearing an address.
(c)
(3) A complete and reasonably accurate description of
serialized property, including, but not limited to, the following:
serial number and other identifying marks or symbols, owner-applied
numbers, manufacturer's named brand, and model name or number.
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.
(d)
(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.
(e)
(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.
(f)
(6) A certification by the intended seller or pledger
that to his or her knowledge and belief the information is true and
complete.
(g)
(7) 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.
(h)
(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.
(i)
(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.
(j)
(d) (1) The Department of Justice shall, in
consultation with appropriate local law enforcement agencies, develop
clear and comprehensive descriptive categories denoting tangible
personal property, as detailed in this section, subject to the
reporting requirements of this section. These categories shall be
incorporated by secondhand dealers and coin dealers described in
Section 21626 for purposes of the reporting requirements set forth
herein. Except as otherwise provided in this section, any
report required of a secondhand dealer shall be transmitted by
electronic means. 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.
(2) (A) Until
(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.
(3) (A) Except as otherwise provided in this section, any report
required of a secondhand dealer shall be transmitted by electronic
means.
(B) Until the date that the
Department of Justice implements the single, statewide, uniform
electronic reporting system described in paragraph (1),
(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 of or provided by the Department of Justice.
(B)
(C) On and after the date that the Department of
Justice implements the single, statewide, uniform electronic
reporting system described in paragraph (1),
(2), each secondhand dealer shall electronically report using
that system the information required by this section under the
reporting categories 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 (A). (B).
(3)
(4) A coin dealer shall report the information required
by this section under the reporting categories 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.
(4)
(5) 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.
(5)
(6) Nothing in this subdivision shall be construed as
excepting a secondhand dealer from the fingerprinting requirement of
paragraph (7) of subdivision (g)
(a) .
(k)
(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.