AB 704

Bill Subjects

Abstract

Existing law provides for the regulation of secondhand dealers, as defined, and makes it unlawful for a person to engage in the business of a secondhand dealer without a license issued by the chief of police, the sheriff, or, where appropriate, the police commission. Existing law makes it a crime, punishable by specified fines or imprisonment, or both, if a person knowingly violates the provisions regulating secondhand dealers. Existing law authorizes the district attorney or the Attorney General to bring an action to enjoin a violation or threatened violation of the provisions regulating secondhand dealers. This bill would require a person conducting business as a secondhand dealer to provide a valid secondhand dealer's license to any peace officer upon demand and would authorize a peace officer to impound all tangible personal property found in the possession or control of the person if a secondhand dealer's license is not provided to the peace officer and the peace officer has probable cause to believe the property was acquired while the person was operating as a secondhand dealer without being licensed, except as specified. The bill would authorize the imposition of storage charges for personal property impounded pursuant to these provisions, would authorize the property to be stored up to 90 days, and would set forth requirements for the redemption, or the forfeiture and sale, of the impounded property. The bill would require an impounding agency to satisfy specified requirements regarding impounded property that has not been redeemed and would require the district attorney or city attorney to follow specified procedures relative to forfeiture and claims to the property. The bill would establish a $100 fee for asserting a claim to impounded property that is subject to forfeiture, would require the fee to be reimbursed to a prevailing claimant, and would, if a claimant does not prevail, require the fee to be distributed equally between the district attorney or city attorney and the Trial Court Trust Fund. The bill would also authorize a nonprofit association composed of 50 or more licensed secondhand dealers to bring an action to enjoin a person from conducting business as a secondhand dealer without being licensed and would authorize an association that prevails in such an action to be awarded reasonable attorneys' fees and costs of suit, as specified. Because a knowing violation of the bill's provisions by a person engaging in the business of a secondhand dealer would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.