Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1182

Introduced by Assembly Member Santiago

(Coauthor: Assembly Member Cooley)

(Coauthor: Senator Pan)

February 27, 2015

An act to amend Section begin delete 2080 end delete begin insert 21627 end insert of the Business and Professions Code, relating to begin delete healing arts. end delete begin insert secondhand goods. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1182, as amended, Santiago. begin delete Physicians and surgeons: licensure. end delete begin insert Secondhand goods: tangible personal property. end insert

begin insert

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.

end insert begin insert

This 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.

end insert begin delete

The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. The act requires an applicant for a physician’s and surgeon’s certificate to comply with general requirements for licensure unless other specific requirements apply to the particular class of applicant.

end delete begin delete

This bill would make nonsubstantive changes to that physician’s and surgeon’s certificate provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 21627 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

21627.  

(a) As used in this article, “tangible personal property”
begin delete includes, but is not limited to, end delete begin insert means end insert 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 begin delete includes, but is not limited
to, end delete begin insert means end insert 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) 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. Such list shall be reviewed
periodically by the Attorney General to insure 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.

begin delete

SECTION 1.  

Section 2080 of the Business and Professions
Code is amended to read:

2080.  

(a) Except as otherwise provided, the provisions of this
article applicable to applications generally shall apply to all
certificates issued.

(b) An applicant for a physician’s and surgeon’s certificate shall
comply with this article unless other specific requirements of this
chapter are applicable to the particular class of applicant.

end delete