Specials

AB 391 (Pan)

California Assembly Bill No. 391

 

 

Help us save our hobby and our community! Help spread the word!

 

 

Antique collecting as a hobby could change forever in California due to new proposed legislation.

Our collective hobby, which for many is a business, is threatened by California Assembly Bill No. 391. This bill is introduced by coauthors, Cannella, Strickland, Walters and Yee. This bill, if passed, will require all dealers in "second hand" goods to purchase a license as well as the creation of a statewide database to which all dealers are required to report "all tangible personal property" acquired within 24 hours.

If this bill were to pass, then nearly every flea market and antique faire we have all grown to love would change. There would be no room for the small business owners and independents selling and dealing in antiques and vintage collectibles. Only large stores, which are an important part of this community as well, could manage this, but even they would suffer due to the destruction of antique faires and flea markets.

It is important that you copy the following text and e-mail it to the list of people at the end of the letter. It is not enough to read this and say, "this is not right." We all must actually send an e-mail, or our voices will not be heard.


Letter begins here

Dear Attorney General Kamala Harris:

I am deeply concerned with the introduction of California Assembly Bill No. 391 (Pan): Secondhand dealers and pawnbrokers: electronic reporting and I request that you withdraw support of this bill. I believe this bill is misguided for several reasons: Many people rely on dealing in antiques and collectibles as a primary or second source of income. The requirement for permits and other regulation will add unnecessary cost and will drive most of these dealers out of business.

By driving most small businesses and dealers out of this business and hobby, this will also destroy the numerous large antique fairs in the state of California that many municipalities rely upon for income. The creation of this regulation will also require state funds to be applied to administer, which in the current state of the California budget seems difficult to justify given the numerous other issues that are much more important for California to fix first.

The vast majority of people involved in this industry view the trading and dealing in antiques as a vital form of recycling, restoration, and preservation of history and existing property. Without this hobby, these items would end up as junk, landfill, or other waste resulting in cost to the state. Clearly, that route results in a loss of small pieces of history. Taken as a large picture, this loss of historical cultural items is significant.

I urge you to withdraw support of this bill and to repeal all secondhand reporting regulations for any businesses other than Pawnbrokers.

[your name]

E-mail this to:

  1. Attorney General Kamala Harris at: http://ag.ca.gov/contact/complaint_form.php?cmplt=PL
  2. Assemblyman Pan at: http://asmdc.org/members/a05/
  3. State Senator Berryhill at: http://cssrc.us/web/14/contact_me.aspx
  4. Assemblyman Cannella at: http://cssrc.us/web/12/contact_me.aspx
  5. Senator Strickland at: http://cssrc.us/web/19/contact_me.aspx
  6. Senator Walters at: http://cssrc.us/web/33/contact_me.aspx
  7. Senator Yee at: http://lcmspubcontact.lc.ca.gov/PublicLCMS/ContactPopup.php?district=SD08

 

California Legislation - AB 391 (Pan): Secondhand dealers and pawnbrokers: electronic reporting.

Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.
 
(download PDF Version here)

AMENDED IN SENATE JANUARY 23, 2012
AMENDED IN SENATE SEPTEMBER 8, 2011
AMENDED IN ASSEMBLY MAY 27, 2011

INTRODUCED BY Assembly Member Pan
( Principal coauthor:
Senator Steinberg )

( Coauthors: Senators
Berryhill, Cannella, Strickland,
Walters, and Yee )

FEBRUARY 14, 2011

An act to add Section 399.32 to the Public Utilities
Code, relating to energy.
An act to amend Sections
21628, 21641, and 21642 of, and to add Section 21642.5 to, the
Business and Professions Code, and to amend Sections 21300 and 21301
of, and to repeal and add Section 21208 of, the Financial Code,
relating to personal property, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.



LEGISLATIVE COUNSEL'S DIGEST


AB 391, as amended, Pan. Energy: renewable energy
resources: local publicly owned electric utility.

Secondhand dealers and pawnbrokers: electronic 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 and coin dealers are required to
report this information using an electronic reporting system 12
months after the Department of Justice develops that system.


This bill would instead require that secondhand dealers and coin
dealers report this information using the electronic reporting system
on and after the date that the system is implemented.

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 eliminate the authority of the local licensing
authority to charge an initial licensure fee and would authorize the
Department of Justice to charge a licensure fee and a renewal fee of
no more than $300, as specified. The bill would require that the fees
assessed by the department, except as specified, be deposited in the
Secondhand Dealer and Pawnbroker Fund, which the bill would create
in the State Treasury. The bill would continuously appropriate the
money in the fund to the department for the purpose of paying for
specified regulatory costs, including the cost of implementing,
operating, and maintaining the electronic reporting system. Because
the bill would continuously appropriate specified fee revenue to the
department, the bill would make an appropriation. The bill would make
other related conforming changes.

The bill would declare that it is to take effect immediately as an
urgency statute.

Existing law creates the California renewables portfolio standard
program (RPS program) and the Renewable Energy Resources Program to
increase the amount of electricity generated per year from eligible
renewable energy resources, as defined.

Existing law, effective on ____, requires the governing board of a
local publicly owned electric utility, as defined, to adopt a
program for the enforcement of the RPS program on or before January
1, 2012. The governing board of a local publicly owned electric
utility is authorized to adopt rules permitting the utility to apply
excess procurement in one compliance period to subsequent compliance
periods in the same manner as allowed for retail sellers, as defined.


This bill would, instead, authorize rules permitting the local
utility to apply excess procurement in one compliance period to
subsequent compliance periods in the same manner as allowed for
retail sellers, with certain specified exceptions.

Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature to
enact legislation that fully funds the cost of developing and
implementing a statewide, uniform electronic reporting system for
reporting the acquisition of secondhand, tangible personal property
through the imposition of a fee upon the application for and renewal
of a license to act as a secondhand dealer or pawnbroker.

It is further the intent of the Legislature to relieve all
secondhand dealers, coin dealers, and pawnbrokers of the inherent
costs and burdens imposed under existing law that requires these
businesses to report their daily acquisitions of tangible personal
property on paper forms limited to a single transaction. The
Legislature finds that the costs associated with printing, manually
completing, and mailing or delivering hundreds to thousands of paper
reports is an unnecessary and expensive burden on these businesses
and represents an unnecessary risk of loss of consumer financial
information, and that the cost of electronically collecting multiple
transactions on a daily basis through the uniform electronic
reporting system is significantly more cost effective and a benefit
to these businesses.

SEC. 2. Section 21628 of the Business
and Professions Code
is amended to read:
21628. Every secondhand dealer or coin dealer described in
Section 21626 shall report daily, or on the first working day after
receipt or purchase of the property, on forms either approved or
provided at actual cost by the Department of Justice, all 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) of this section. The report shall be
legible, prepared in English, completed where applicable, and
include, but not be limited to, the following information:
(a) The name and current address of the intended seller or pledger
of the property.
(b) 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 passport of the United States.
(2) A driver's license issued by any state, or Canada.
(3) An identification card issued by any state.
(4) An identification card issued by the United States.
(5) A passport from any other country in addition to another item
of identification bearing an address.
(6) A Matricula Consular in addition to another item of
identification bearing an address.
(c) 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) 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) 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) A certification by the intended seller or pledger that to his
or her knowledge and belief the information is true and complete.
(g) 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) 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.
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) 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) (1) The Department of Justice shall, in consultation with
appropriate local law enforcement agencies, develop clear and
comprehensive descriptive categories denoting tangible personal
property 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. Any required report shall be
transmitted by electronic means. The Upon the
avail
ability of sufficient funds in the Secondhand
Dealer and Pawnbroker Fund created pursuant to Section 21642.5, the

Department of Justice and local law enforcement
agencies
, in consultation with representatives from the
secondhand dealer and coin dealer businesses, shall promptly
develop a standard format statewide,
uniform electronic reporting system
to be used
statewide to transmit this report electronically.
(2) Twelve months after the format and the categories
described in paragraph (1) have been developed
On
and after the date that the Department of
Justice
implements the statewide, uniform
electronic reporting system described in paragraph (1)
, each
secondhand dealer and coin dealer shall electronically report using
this format system the information
required by this section under these the
reporting categories described in paragraph (1) .
Until that time, each secondhand dealer and coin dealer may
either continue to report this information using existing
forms and procedures or may begin electronically reporting
this information under the reporting categories and using the format
described in paragraph (1) as soon as each has been developed

.
(3) A coin dealer who engages in less than 10 transactions each
week in which he or she has purchased, taken in trade, taken in pawn,
accepted for sale or consignment, or accepted for auctioning
tangible personal property, 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. Nothing in this section shall prohibit up to 10
transactions with the same customer per week, provided that the
cumulative total per week for all customers does not exceed 10
transactions. Until that form is developed, these coin dealers shall
continue to report information required by this section using
existing forms and procedures. If these transactions increase to 10
per week, the coin dealer shall electronically report using the
format statewide, uniform electronic
reporting system
described in paragraph (1) the information
required by this section beginning six months after his or her
transactions exceed 10 per week or 12 months after the
format system described in paragraph (1) has
been developed implemented , whichever
occurs later.
(4) 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) Nothing in this subdivision shall be construed as excepting a
secondhand dealer from the fingerprinting requirement of subdivision
(g).
(k) 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.
(l) This section shall become operative on July 1, 2010.
SEC. 3. Section 21641 of the Business
and Professions Code
is amended to read:
21641. (a) The chief of police, the sheriff or, where
appropriate, the police commission, shall accept an application for
and grant a license permitting the licensee to engage in the business
of secondhand dealer, as defined in Section 21626, to an applicant
who has not been convicted of an attempt to receive stolen property
or any other offense involving stolen property. Prior to the granting
of a license, the licensing authority shall submit the application
to the Department of Justice. If the Department of Justice does not
comment on the application within 30 days thereafter, the licensing
authority may grant the applicant a license. All forms for
application and licensure, and license renewal, shall be prescribed
and provided by the Department of Justice. A fee may be charged to
the applicant as specified by the Department of
Justice and the local licensing authority for processing the
initial license application
as specified in Section
21642.5
.
(b) For the purposes of this section, "convicted" means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere.
(c) Notwithstanding subdivisions (a) and (b), no person shall be
denied a secondhand dealer's license solely on the grounds that he or
she violated any provision contained in Article 4
(commencing with Section 21625)
this article or
Article 5 (commencing with Section 21650) of this chapter
, or any provision contained in Chapter 2 (commencing with
Section 21200) of Division 8 of the Financial Code, unless the
violation demonstrates a pattern of conduct.
(d) Any person licensed as a firearms dealer pursuant to Sections
26700 to 26915, inclusive, of the Penal Code, who is conducting
business at gun shows or events pursuant to subdivision (b) of
Section 26805 of the Penal Code, and who has a valid secondhand
dealer license granted by the appropriate local authorities in the
jurisdiction where the firearms dealer license has been granted,
shall be authorized to conduct 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, without regard to the
jurisdiction within this state that issued the secondhand dealer
license pursuant to subdivision (a) of this section. No additional
fees or separate secondhand dealer license shall be required by any
agency having jurisdiction over the locality where the gun show or
event is conducted. However, the person shall otherwise be subject
to, and comply with, the requirements of this article when he or she
acts as a secondhand dealer at the gun show or event to the same
extent as if he or she were licensed as a secondhand dealer in the
jurisdiction in which the gun show or event is being conducted.
SEC. 4. Section 21642 of the Business
and Professions Code
is amended to read:
21642. (a) A license granted pursuant to Section 21641 shall be
renewable the second year from the date of issue, and every other
year thereafter, upon the filing of a renewal application and the
payment of a license renewal fee specified by the licensing
authority. The Department of Justice may also charge a fee
of not more than twelve dollars ($12) but not to exceed the actual
processing costs of the department. After the department establishes
a fee sufficient to reimburse the department for processing costs,
the fee charged shall increase at a rate not to exceed the
legislatively approved annual cost-of-living adjustments for the
department's budget. The licensing authority shall collect the fee
and transmit the fee and a copy of the renewed license to the
Department of Justice
, as specified in
Section 21642.5
.
(b) The license shall be subject to forfeiture by the licensing
authority and the licensee's activities as a secondhand dealer shall
be subject to being enjoined pursuant to Section 21646 for breach of
any of the following conditions:
(1) The business shall be carried on only at the location
designated on the license. The license shall designate all locations
where property belonging to the business is stored. Property of the
business may be stored at locations not designated on the license
only with the written consent of the local licensing authority.
(2) The license or a copy thereof, certified by the licensing
authority, shall be displayed on the premises in plain view of the
public.
(3) The licensee shall not engage in any act which the licensee
knows to be in violation of this article.
(4) The licensee shall not be convicted of an attempt to receive
stolen property or any other offense involving stolen property. For
the purposes of this paragraph, "convicted" means a plea or verdict
of guilty or a conviction following a plea of nolo contendere. Any
action which the chief of police, the sheriff or, where appropriate,
the police commission, is permitted to take following the
establishment of a conviction may be taken when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code.
(c) Notwithstanding subdivisions (a) and (b), no person shall have
his or her renewal application for a secondhand dealer's license
denied, nor shall his or her secondhand dealer's license be forfeited
solely on the grounds that he or she violated any provision
contained in Article 4 (commencing with Section 21625)
this article or Article 5 (commencing with
Section 21650) of this chapter , or any provision
contained in Chapter 2 (commencing with Section 21200) of Division 8
of the Financial Code, unless the violation demonstrates a pattern of
conduct.
SEC. 5. Section 21642.5 is added to the
Business and Professions Code , to read:
21642.5. (a) The Department of Justice may require each applicant
for an initial license under Section 21641 of this code or Section
21300 of the Financial Code and each applicant for renewal of a
license under Section 21642 of this code or Section 21301 of the
Financial Code to pay a fee not to exceed three hundred dollars
($300), except that the fee may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
(b) The fees assessed pursuant to subdivision (a) shall be no more
than necessary to cover the reasonable regulatory costs to the
department of doing all of the following:
(1) Processing initial license applications under Section 21641 of
this code and Section 21300 of the Financial Code.
(2) Processing renewal applications under Section 21642 of this
code and Section 21301 of the Financial Code.
(3) Implementing, operating, and maintaining the electronic
reporting system described in subdivision (j) of Section 21628.
(4) Processing the applicant's fingerprints for purposes of
conducting a background check.
(c) The portion of any fee assessed pursuant subdivision (a) that
is attributable to processing the applicant's fingerprints shall be
deposited in the account described in subdivision (e) of Section
11105 of the Penal Code. The remainder of the fee shall be deposited
in the Secondhand Dealer and Pawnbroker Fund, which is hereby
established in the State Treasury. Notwithstanding Section 13340 of
the Government Code, the revenue in the Secondhand Dealer and
Pawnbroker Fund is continuously appropriated to the Department of
Justice for the purpose of paying for the costs described in
paragraphs (1) to (3), inclusive, of subdivision (b).

SEC. 6. Section 21208 of the Financial
Code
is repealed.
21208. Every pawnbroker shall report daily or on the first
working day after receipt or purchase, all descriptions of all
property received in pledge or purchased as tangible personal
property, as defined in Section 21627 of the Business and Professions
Code, in whatever quantity received, including property purchased as
tangible personal property at wholesale, tangible personal property
taken in for sale or possessed on consignment for sale, and tangible
personal property taken in trade.
If the transaction took place within the territorial limits of an
incorporated city, the report shall be submitted to the police chief
executive of the city or his or her designee, by mail unless
otherwise agreed upon by the pawnbroker and the police chief
executive or his or her designee. If the transaction took place
outside the territorial limits of an incorporated city, the report
shall be submitted to the sheriff of the county or his or her
designee, by mail unless otherwise agreed upon by the pawnbroker and
the sheriff or his or her designee.
All reports shall be on forms approved or provided at actual cost
by the Department of Justice. The police chief executive or sheriff
who receives a report on a form filed pursuant to the provisions of
this section shall daily submit a legible copy of the transactions to
the Department of Justice.

SEC. 7. Section 21208 is added to the
Financial Code , to read:
21208. A pawnbroker shall comply with the reporting requirements
imposed on secondhand dealers under Article 4 (commencing with
Section 21625) of Chapter 9 of Division 8 of the Business and
Professions Code.

SEC. 8. Section 21300 of the Financial
Code
is amended to read:
21300. (a) The chief of police, the sheriff, or, where
appropriate, the police commission, shall accept an application for
and grant a license permitting the licensee to engage in the business
of pawnbroker, as defined in Section 21000, at the address indicated
on the application, to an applicant who has complied with the
requirements of Sections 21303, 21304, and 21305 and has not been
convicted of an attempt to receive stolen property or any other
offense involving stolen property. Prior to the granting of a
license, the licensing authority shall submit the application to the
Department of Justice. If the Department of Justice does not comment
on the application within 30 days thereafter, the licensing authority
shall grant the applicant a license. All forms for application and
licensure, and license renewal, shall be prescribed and provided by
the Department of Justice. A fee not to exceed the actual
processing costs to the Department of Justice and the chief of
police, the sheriff, or where appropriate, the police commission may
be charged to the applicant
may be charged to the
applicant by the Department of Justice, as specified in Section
21642.5 of the Business and Professions Code,
for processing
the initial license application.
(b) For the purposes of this section, "convicted" means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere.
(c) Notwithstanding subdivisions (a) and (b), no person shall be
denied a pawnbroker's license solely on the grounds that he or she
violated any provision contained in Chapter 1 (commencing with
Section 21000) or Chapter 2 (commencing with Section 21200)
of this division or , or any provision contained in
Article 4 (commencing with Section 21625) or Article 5
(commencing with Section 21650) of Chapter 9 of Division 8 of the
Business and Professions Code , unless the violation
demonstrates a pattern of conduct.
SEC. 9. Section 21301 of the Financial
Code
is amended to read:
21301. (a) A license granted pursuant to Section 21300 shall be
renewable the second year from the date of issue, and every other
year thereafter, upon the filing of a renewal application ,
payment of a renewal fee specified by the licensing authority,

and compliance with the requirements of Section 21303. The Department
of Justice and the chief of police, the sheriff, or, where
appropriate, the police commission may charge a fee for the license
renewal not to exceed the actual processing costs. The licensing
authority shall collect the fee and transmit the fee and a copy of
the renewed license to the Department of Justice
may
also require the licensee to pay a fee as described in Section
21642.5 of the Business and Professions Code
.
(b) The license shall be subject to forfeiture by the licensing
authority, and the licensee's activities as a pawnbroker shall be
subject to being enjoined pursuant to Section 21302, for breach of
any of the following conditions:
(1) The business shall be carried on only at the location
designated on the license. The license shall designate all locations
where property belonging to the business is stored. Property of the
business may be stored at locations not designated on the license
only with the written consent of the local licensing authority.
(2) The license or a copy thereof, certified by the licensing
authority, shall be displayed on the premises in plain view of the
public.
(3) The licensee shall not engage in any act that the licensee
knows to be in violation of this article.
(4) The licensee shall not be convicted of an attempt to receive
stolen property or other offense involving stolen property. For the
purposes of this paragraph, "convicted" means a plea or verdict of
guilty or a conviction following a plea of nolo contendere. Any
action that the chief of police, the sheriff, or, where appropriate,
the police commission, is permitted to take following that conviction
may be taken when the time for appeal has elapsed, the judgment of
conviction has been affirmed on appeal, or an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under Section 1203.4 of the Penal Code.
(c) Notwithstanding subdivisions (a) and (b), no renewal
application for a pawnbroker's license may be denied, nor may his or
her pawnbroker's license be forfeited, solely on the grounds that the
applicant violated any provision contained in Chapter 1 (commencing
with Section 21000) , or Chapter 2
(commencing with Section 21200) of this division ,
or any provision contained in Article 4 (commencing with
Section 21625) or Article 5 (commencing with Section 21650) of
Chapter 9 of Division 8 , of the Business and
Professions Code , unless the violation demonstrates a
pattern of conduct.
SEC. 10. The Legislature finds and declares that
the initial licensure and renewal fees authorized by Section 21642.5
of the Business and Professions Code, as proposed to be added by
Section 5 of this act, are necessary to implement and maintain the
statewide, uniform electronic reporting system and constitute charges
imposed for the specific benefit of secondhand dealers and
pawnbrokers under paragraph (1) of subdivision (b) of Section 3 of
Article XIII A of the California Constitution. The Legislature finds
and declares that these fees eliminate the costly and risk-prone
paper reporting system required of these businesses under existing
law.

The Legislature further finds and declares that the initial
licensure and renewal fees authorized by Section 21642.5 of the
Business and Professions Code, as proposed to be added by Section 5
of this act, are imposed for the reasonable regulatory costs to the
state incident to issuing licenses and performing investigations
under paragraph (3) of
subdivision (b) of Section 3 of Article XIII A of the California
Constitution. The Legislature finds and declares that these fees are
no more than necessary to offset the costs incurred by the Department
of Justice in processing licensure and renewal applications for
secondhand dealers and pawnbrokers and implementing and maintaining a
statewide, uniform electronic reporting system required to
effectuate the Legislative intent expressed in Section 21625 of the
Business and Professions Code.

SEC. 11. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:


In order to make the uniform, statewide electronic reporting
system available to secondhand dealers and pawnbrokers as soon as
possible, it is necessary that this act take effect immediately.


SECTION 1. Section 399.32 is added to the
Public Utilities Code, to read:
399.32. Notwithstanding paragraph (1) of subdivision (d) of
Section 399.30, the governing board of a local publicly owned
electric utility may adopt rules permitting the utility to apply
excess procurement of eligible renewable energy resources from one
compliance period to subsequent compliance periods in the same manner
as allowed for retail sellers pursuant to Section 399.13, with the
following exceptions:
(a) Consistent with subdivision (b), excess procurement of
eligible renewable energy resources from a contract of more than
seven years in duration that was executed before January 1, 2010, may
be applied to subsequent compliance periods without any
restrictions.
(b) Excess procurement accumulated through December 31, 2010, may
be applied to subsequent compliance periods if all of the following
conditions are satisfied:
(1) The excess is calculated based on annual eligible renewable
energy resources procurement targets in effect since 2006.
(2) The procurement targets, as amended, specified the achievement
of not less than a 20 percent renewables portfolio standard by no
later than December 31, 2010.
(3) The procurement targets increased for each intervening year
before 2010.

 
 

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