AB 391 California Assembly · 2011-2012 Regular Session

Secondhand dealers and pawnbrokers: electronic reporting.

Summary
(1) Existing law generally requires secondhand dealers and coin dealers, as defined, to report specified transactions involving tangible personal property, on forms provided or approved by the Department of Justice, to the local law enforcement agency where their businesses are located. Existing law defines "tangible personal property" for these purposes, and excludes from that definition, among other items, commercial grade ingots defined to include, among other items, 0.99 fine ingots of gold, silver, or platinum. This bill would revise the definition of commercial grade ingots to include 0.99 fine or finer ingots of gold, silver, palladium, or platinum. Under existing law, secondhand dealers and coin dealers are required to report the information described above using an electronic reporting system 12 months after the Department of Justice develops that system. This bill would eliminate the electronic filing requirements for coin dealers, and would instead require that secondhand dealers report this information using the single, statewide, uniform electronic reporting system on and after the date that the system is implemented, as specified. (2) Existing law requires a local law enforcement agency to issue a license to engage in the business of a secondhand dealer or pawnbroker to an applicant who meets designated criteria. Existing law authorizes the local licensing authority and the Department of Justice to charge an initial licensure fee and a renewal fee, as specified. This bill would require the Department of Justice to charge a licensure fee and a renewal fee of no more than $300, as specified. The bill would also require licensees issued a license before the effective date of this bill to pay an additional fee of no more than $288 for the purpose of funding the single, statewide, uniform electronic reporting system, with payment due within 120 days of the enactment of this bill. The bill would require that the fees assessed by the department be deposited in the Secondhand Dealer and Pawnbroker Fund, which the bill would create in the State Treasury. The bill would require that the money in the fund be used by the department, upon appropriation by the Legislature, for the purpose of paying for specified regulatory costs, including the cost of implementing, operating, and maintaining the single, statewide, uniform electronic reporting system. The bill would also require applicants for a license to submit fingerprint images relative to a required criminal background check, with associated fee revenue to be deposited in the Fingerprint Fee Account, and would make those revenues available to the Department of Justice, upon appropriation by the Legislature, for these purposes. This bill would make findings and declarations of the Legislature, and state the intent of the Legislature, with regard to these matters. The bill would make other related conforming changes. The bill would declare that it is to take effect immediately as an urgency statute.
Bill status signed all 5 stages cleared
Introduction
Feb 2011
Committee Review
Aug 2012
Assembly Passage
Jun 2011
Senate Passage
Jul 2012
Signed into Law
Aug 2012
Introduced Feb 14, 2011 Signed Aug 17, 2012
Floor votes · Senate Jul 2, 2012 · Assembly Jun 1, 2011

How they voted

280
Passed · 3 other
Total votes 31
Jul 2, 2012
D Democratic20
18 Yea 2
90% Yea
R Republican11
10 Yea 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
54
Key actions
11
Committee
14
Amendments
5
Aug 17, 2012
Signed into law
Approved by the Governor.
legislature
Aug 6, 2012
Lower · Passed
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0. Page 5758.).
lower
Jul 3, 2012
Lower · Passed
From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (July 3).
lower
Jul 2, 2012
Senate · Passed
Senate Vote: pass (28-0-3)
senate
Jul 2, 2012
Committee
Re-referred to Com. on B., P. & C.P. pursuant to Assembly Rule 77.2.
lower
Jul 2, 2012
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Jun 14, 2012
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 16 pursuant to Assembly Rule 77.
lower
Jun 6, 2012
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 4).
upper
May 8, 2012
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 8).
upper
Feb 2, 2012
Committee
Re-referred to Com. on PUB. S.
upper
Jan 24, 2012
Committee
Re-referred to Com. on RLS.
upper
Sep 8, 2011
Committee
Re-referred to Com. on RLS.
upper
Aug 25, 2011
Upper · Passed
In committee: Held under submission.
upper
Jul 11, 2011
Upper · Passed
In committee: Placed on APPR. suspense file.
upper
Jun 23, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR.
upper
Jun 8, 2011
Committee
Referred to Com. on L. & I.R.
upper
Jun 1, 2011
Assembly · Passed
Assembly Vote: pass (42-23-5)
assembly
May 27, 2011
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).
lower
May 4, 2011
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 14, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on APPR.
lower
Feb 24, 2011
Committee
Referred to Com. on L. & E.
lower
Feb 15, 2011
Lower · Passed
From printer. May be heard in committee March 17.
lower
1 primary · 70 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Richard Pan
Richard Pan
DDemocratic
CA
6
Co
Photo of Alex Padilla
Alex Padilla
DDemocratic
CA
20
Co
Photo of Anthony Cannella
Anthony Cannella
RRepublican
CA
12
Co
Photo of Ben Hueso
Ben Hueso
DDemocratic
CA
40
Co
Photo of Beth Gaines
Beth Gaines
RRepublican
CA
6
Co
BB
Bill Berryhill
RRepublican
CA
26
Co
Photo of Bill Emmerson
Bill Emmerson
RRepublican
CA
23
Co
BB
Bob Blumenfield
DDemocratic
CA
45
Co
Photo of Bob Huff
Bob Huff
RRepublican
CA
29
Co
Photo of Bob Wieckowski
Bob Wieckowski
DDemocratic
CA
10
Co
BN
Brian Nestande
RRepublican
CA
42