California 2011-2012 Regular Session Status: Enacted Bipartisan · 4 D · 1 R cosponsors

AB 391 — Secondhand dealers and pawnbrokers: electronic reporting.

Last action — Chaptered by Secretary of State - Chapter 172, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2011. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 83 sponsors

    1 primary, 82 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 Text

Action History

  1. Chaptered by Secretary of State - Chapter 172, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 68. Noes 0. Page 5758.).

  5. May be considered on or after July 6, 2012 pursuant to Assembly Rule 77.

  6. From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (July 3).

  7. Joint Rule 62(a), file notice suspended. (Page 5558.)

  8. Re-referred to Com. on B., P. & C.P. pursuant to Assembly Rule 77.2.

  9. In Assembly. Concurrence in Senate amendments pending.

  10. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4220.).

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Action rescinded whereby the bill was read third time, urgency clause adopted, passed, and to Assembly.

  14. In Senate. Held at Desk.

  15. Ordered to the Senate.

  16. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 16 pursuant to Assembly Rule 77.

  17. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 3907.).

  18. Read second time and amended. Ordered to third reading.

  19. From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 4).

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 8).

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  23. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  24. Re-referred to Com. on PUB. S.

  25. Re-referred to Com. on RLS.

  26. Read second time. Ordered to third reading.

  27. Read second time and amended. Ordered to second reading.

  28. Ordered to second reading.

  29. From inactive file.

  30. Ordered to inactive file at the request of Senator Steinberg.

  31. Ordered to third reading.

  32. (Ayes 24. Noes 15. Page 2445.)

  33. Withdrawn from committee.

  34. Senate Rule 29.3(b) suspended. (Ayes 24. Noes 14. Page 2430.)

  35. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  36. (Ayes 24. Noes 14. Page 2429.)

  37. Re-referred to Com. on RLS.

  38. Withdrawn from committee.

  39. In committee: Held under submission.

  40. In committee: Placed on APPR. suspense file.

  41. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on APPR.

  42. Referred to Com. on L. & I.R.

  43. In Senate. Read first time. To Com. on RLS. for assignment.

  44. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 25. Page 1720.)

  45. Read second time. Ordered to third reading.

  46. Read second time and amended. Ordered to second reading.

  47. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).

  48. In committee: Set, first hearing. Referred to APPR. suspense file.

  49. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on APPR.

  50. Referred to Com. on L. & E.

  51. From printer. May be heard in committee March 17.

  52. Read first time. To print.

Sponsors

  • Achadjian · Cosponsor
  • Alejo · Cosponsor
  • Alquist · Cosponsor
  • Ammiano · Cosponsor
  • Anderson · Cosponsor
  • Beall · Cosponsor
  • Block · Cosponsor
  • Blumenfield · Cosponsor
  • Bradford · Cosponsor
  • Buchanan · Cosponsor
  • Campos · Cosponsor
  • Cannella · Cosponsor
  • Cedillo · Cosponsor
  • Atkins · Cosponsor
  • Jones · Cosponsor
  • Portantino · Cosponsor
  • De León · Cosponsor
  • Runner · Cosponsor
  • Strickland · Cosponsor
  • Conway · Cosponsor
  • Correa · Cosponsor
  • Davis · Cosponsor
  • DeSaulnier · Cosponsor
  • Donnelly · Cosponsor
  • Dutton · Cosponsor
  • Emmerson · Cosponsor
  • Eng · Cosponsor
  • Josh Lowenthal · Cosponsor
  • Lisa Calderon · Cosponsor
  • Fuentes · Cosponsor
  • Fuller · Cosponsor
  • Galgiani · Cosponsor
  • Gordon · Cosponsor
  • Garrick · Cosponsor
  • Gatto · Cosponsor
  • Gorell · Cosponsor
  • Shannon Grove · Cosponsor
  • Hagman · Cosponsor
  • Hall · Cosponsor
  • Hancock · Cosponsor
  • Harman · Cosponsor
  • Hernandez · Cosponsor
  • Hill · Cosponsor
  • Hueso · Cosponsor
  • Huff · Cosponsor
  • Jeffries · Cosponsor
  • Lara · Cosponsor
  • Leno · Cosponsor
  • Lieu · Cosponsor
  • Liu · Cosponsor
  • Logue · Cosponsor
  • Ma · Cosponsor
  • Mendoza · Cosponsor
  • Miller · Cosponsor
  • Morrell · Cosponsor
  • Nestande · Cosponsor
  • Nielsen · Cosponsor
  • Olsen · Cosponsor
  • Norby · Cosponsor
  • Padilla · Cosponsor
  • Pan · Primary
  • Price · Cosponsor
  • Perea · Cosponsor
  • Smyth · Cosponsor
  • Solorio · Cosponsor
  • Swanson · Cosponsor
  • Torres · Cosponsor
  • Valadao · Cosponsor
  • Vargas · Cosponsor
  • Wagner · Cosponsor
  • Walters · Cosponsor
  • Wieckowski · Cosponsor
  • Williams · Cosponsor
  • Wyland · Cosponsor
  • Yee · Cosponsor
  • Mike Fong · Cosponsor
  • Lisa Calderon · Cosponsor
  • Beth Gaines · Cosponsor
  • Beth Gaines · Cosponsor
  • Bill Berryhill · Cosponsor
  • V. Manuel Pérez · Cosponsor
  • Bill Berryhill · Cosponsor
  • Roger Hernández · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 82 co-sponsors · 39 not signed on · 1 voted No

Sponsors (1)

  • Pan

Co-sponsors (82)

  • Achadjian
  • Alejo
  • Alquist
  • Ammiano
  • Anderson
  • Beall
  • Block
  • Blumenfield
  • Bradford
  • Buchanan
  • Campos
  • Cannella
  • Cedillo
  • Atkins
  • Jones
  • Portantino
  • De León
  • Runner
  • Strickland
  • Conway
  • Correa
  • Davis
  • DeSaulnier
  • Donnelly
  • Dutton
  • Emmerson
  • Eng
  • Lowenthal, Josh Democratic
  • Calderon, Lisa Democratic
  • Fuentes
  • Fuller
  • Galgiani
  • Gordon
  • Garrick
  • Gatto
  • Gorell
  • Grove, Shannon Republican Voted No
  • Hagman
  • Hall
  • Hancock
  • Harman
  • Hernandez
  • Hill
  • Hueso
  • Huff
  • Jeffries
  • Lara
  • Leno
  • Lieu
  • Liu
  • Logue
  • Ma
  • Mendoza
  • Miller
  • Morrell
  • Nestande
  • Nielsen
  • Olsen
  • Norby
  • Padilla
  • Price
  • Perea
  • Smyth
  • Solorio
  • Swanson
  • Torres
  • Valadao
  • Vargas
  • Wagner
  • Walters
  • Wieckowski
  • Williams
  • Wyland
  • Yee
  • Fong, Mike Democratic
  • Calderon, Lisa Democratic
  • Beth Gaines Voted No
  • Beth Gaines Voted No
  • Bill Berryhill Voted No
  • V. Manuel Pérez
  • Bill Berryhill Voted No
  • Roger Hernández

Not signed on (39)

39 members have not signed on to this bill.

Show all 39 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 68 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 660011
Republican 2000
Democratic 0001
Total 680012
% of votes cast 85%0%0%15%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Not Voting
Eng — Yea
Carter — Yea
Cedillo — Yea
Feuer — Yea
Fong — Yea
Conway — Yea
Furutani — Yea
Allen — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Davis — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Fletcher — Yea
Hill — Yea
Huber — Yea
Bonilla — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Dickinson — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Atkins — Yea
Hall — Not Voting
Campos — Yea
Hayashi — Not Voting
Chesbro — Not Voting
Cook — Not Voting
Donnelly — Yea
Lara — Yea
Monning — Not Voting
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hueso — Yea
Logue — Not Voting
Ma — Yea
Mansoor — Yea
Nielsen — Not Voting
Pan — Yea
Smyth — Not Voting
Valadao — Yea
Williams — Yea
Butler — Not Voting
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Butler — Yea
Eng — Yea
Hagman — Not Voting
Hill — Yea
Allen — Yea
Silva — Yea
Hayashi — Yea
Ma — Yea
Smyth — Yea

Official roll call →

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Wyland — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Runner — Not Voting
Dutton — Yea
Harman — Yea
Anderson — Yea
Blakeslee — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Steinberg — Not Voting
Walters — Yea
Corbett — Yea
Emmerson — Not Voting
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 1001
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Liu — Yea
Wolk — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Yea
Runner — Not Voting
Corbett — Yea
Dutton — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wyland — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Lieu — Yea
Alquist — Yea
Price — Not Voting
Steinberg — Yea
Walters — Yea
Kehoe — Yea
Dutton — Yea

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Pavley — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Passed 50 Yea · 25 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 492305
Republican 0200
Democratic 1000
Total 502505
% of votes cast 63%31%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Feuer — Yea
Carter — Yea
Cedillo — Yea
Furutani — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Huffman — Yea
Galgiani — Yea
Butler — Not Voting
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Not Voting
Yamada — Yea
Gorell — Not Voting
Campos — Yea
Halderman — Nay
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Fletcher — Nay
Knight — Nay
Chesbro — Yea
Lara — Yea
Conway — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Ammiano — Yea
Block — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Torres — Yea
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Jeffries — Not Voting
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Olsen — Nay
Perea — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Cook — Nay
Eng — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Davis — Yea
Gatto — Yea
Hall — Yea
Mitchell — Yea
Hill — Yea
Solorio — Yea
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Lara — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 391 do?
(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.
Who sponsors AB 391?
AB 391 is sponsored by Achadjian, Alejo, Alquist, Ammiano, Anderson, Beall, Block, Blumenfield, Bradford, Buchanan, Campos, Cannella, Cedillo, Atkins, Jones, Portantino, De León, Runner, Strickland, Conway, Correa, Davis, DeSaulnier, Donnelly, Dutton, Emmerson, Eng, Lowenthal, Josh (Democratic), Calderon, Lisa (Democratic), Fuentes, Fuller, Galgiani, Gordon, Garrick, Gatto, Gorell, Grove, Shannon (Republican), Hagman, Hall, Hancock, Harman, Hernandez, Hill, Hueso, Huff, Jeffries, Lara, Leno, Lieu, Liu, Logue, Ma, Mendoza, Miller, Morrell, Nestande, Nielsen, Olsen, Norby, Padilla, Pan, Price, Perea, Smyth, Solorio, Swanson, Torres, Valadao, Vargas, Wagner, Walters, Wieckowski, Williams, Wyland, Yee, Fong, Mike (Democratic), Beth Gaines, Bill Berryhill, V. Manuel Pérez, and Roger Hernández.
What is the current status of AB 391?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 391?
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