Said in CommitteeBeta

Exactly as spoken.

Judiciary Committee - Senate

April 15, 2021 ·Upon Adjournment ·Room 130 (Public Comment Holding Room: 138) ·8:48
Video Transcript 1 document

Bills discussed (1)

Bill Title Sponsor Status
SB529 · 3 mentions in chapter, agenda, transcript
Matched: “SB529 A. Clark CONCERNING THE RETURN OF STOLEN PROPERTY IN THE PO…”
CONCERNING THE RETURN OF STOLEN PROPERTY IN THE POSSESSION OF A PAWNBROKER TO THE RIGHTFUL … A. Clark Sine Die adjournment

Official video page ↗

Transcript

Transcript available Whisper ✓ SliQ live captions: not yet available Download .txt
Machine transcript

May contain errors. Verify important quotations against the official video.

About transcript accuracy
Source
Whisper
Model
ggml-large-v3-turbo.bin RTX5060
Processing date
October 6, 2026
Chair Unverified 0:01
All right, we are gaveled in. Chair of the CISO quorum, Senator Clark, you're recognized to present Senate Bill 529.
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 0:10
The amendment, copies of the amendment are on the way. The, what is different from
▶ Play Suggest a correction Report an error
Speaker 5 0:17
what y'all have seen before. Can you pull your mic just a
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 0:23
little closer there? Yes, the amendment, copies of the amendment is on the way. We had them in committee yesterday. If I can find it here. Okay, here's the important section. Fair market value means the price a willing buyer would pay a willing seller after considering all factors in the marketplace to influence the price of property. And full restitution means the higher of the following, the fair market value, the identifiable stolen property, or the amount for which the identifiable stolen property was sold. We had never identified what restitution meant before, and so we've amended it to show that.
▶ Play Suggest a correction Report an error
Speaker 13 1:18
Uh, and we've also amended it to say,
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 1:29
uh, if the identifiable stolen property was sold to a third party before the dealer received the affidavit described in 1827-304B and the written release, uh, pay the owner of the stolen property full restitution. So it's specifying that it's not the property or restitution. It's you return their property, but if you no longer have their property, you pay in full restitution, and that is the fair market value or what you paid, whichever is more. And, of course, it does not identify what fair market value is other than what a willing buyer would pay a willing seller would sell it for because that's as close as we can get it in law.
▶ Play Suggest a correction Report an error
Senator Mark Johnson Unverified 2:19
Okay. Senator Johnson, you recognize for a question? I may be talking ahead because I hadn't seen the amendment, but so we're going to pay restitution
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 2:39
on something. How do we know it was ever there? Well, that's in the bill. It has to be identified that the pawnbroker has it. An affidavit described under 1827304B shall be filed with the local law enforcement agency having jurisdiction along with reporting to the law enforcement agency and filing any required documents proving that the owner has located his or her stolen property in the possession of the dealer. The report to law enforcement described under subdivision A2A of this section is not a presumption that the dealer received the stolen property in an unlawful manner. An owner who knowingly files a false affidavit or false police report is subject to prosecution. So they've got to file a report with law enforcement that it's their property and that they know the pawnbroker has it or had it. There should, of course, already have been a report, which is not covered in this section of the law,
▶ Play Suggest a correction Report an error
Senator Mark Johnson Unverified 3:45
that it was stolen. I forget. There is an online registry deal. Isn't that right? I don't know if another member
▶ Play Suggest a correction Report an error
Speaker 22 3:52
can speak to that, or you can. Okay, members,
▶ Play Suggest a correction Report an error
Chair Unverified 3:59
you're getting a copy of the amendment now. Why don't we let Senator Clark, if you want to explain anything else that you have to explain on this amendment, we'll get it adopted, and then we can ask questions. Okay.
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 4:12
I think you'll be able, now that it's in your hands, be able to read what I've said. But I would just move that we approve the amendment to the bill. Okay. We've got
▶ Play Suggest a correction Report an error
Chair Unverified 4:26
a motion, Senator Clark, to adopt the amendment, second by Senator Rice. any discussion all in favor say aye amendments adopted okay be recognized to explain the bill
▶ Play Suggest a correction Report an error
Speaker 5 4:38
okay the bill uh all along uh
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 4:44
well originally they actually wanted that pond dealers had to give property back it actually turns out that's already in the law uh but if the property was uh was no longer there although that was not clear in the original bill uh that they had to pay the pawnbroker had to pay the owner or the victim restitution. And so we have hopefully have cleared that up. We've had this in a previous amendment, but an affidavit would have to be filed with law enforcement that the property belonged to them. It would have to be returned if the pawnbroker still had it. If they no longer had it, then they would have to pay a fair market value or what they paid, whichever is higher.
▶ Play Suggest a correction Report an error
Speaker 5 5:39
I'm assuming fair market value is going to
▶ Play Suggest a correction Report an error
Chair Unverified 5:46
be higher than what they paid. Okay. Any questions? So if the property has been sold, then the pawnbroker is not going to get any worse off than being made whole, and the guy's going to either get his stuff back or what the pawnbroker got sold it for, correct?
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 6:07
You would assume that's probably a fair market value is what he sold it for.
▶ Play Suggest a correction Report an error
Senator Jim Hendren Unverified 6:11
The only thing I didn't quite follow on it, Senator Clark, was on the back page of the bill.
▶ Play Suggest a correction Report an error
Chair Unverified 6:18
It keeps reference in 1827-304-B as the affidavit section, and that is not in the bill. Is that just the section that tells them how to file the affidavit with law enforcement? I no longer know. Okay. Okay. Any other questions?
▶ Play Suggest a correction Report an error
Speaker 30 6:41
senator ballinger thank you mr chair and you may have addressed this before i got got over here but have you worked with the palm burger association on this bill and honestly i wouldn't normally care but of course this is kind of an unusual way to to pass a bill without them have much
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 7:03
input central ballinger i have sent them the the original bill before i ever filed it In fact, weeks before I filed it, I have sent them every amendment but this one. I gave this to them an hour ago because I had just, with everything else going on, had just failed to get it to them. Have you been
▶ Play Suggest a correction Report an error
Speaker 30 7:24
interacting and talking? I mean, are they generally supportive of what you're trying to do? Are they there? I mean, just what's your sense of, like, are we going to pass this out and then lose it? Where they are on this
▶ Play Suggest a correction Report an error
Senator Alan Clark Unverified 7:38
amendment, up till now, they have not been opposed to anything that we've done up to this point. Okay. And, of course, we've tried to be fair to them. You know, you've got to be careful if you're a pawnbroker, if I were a pawnbroker, not to take stolen property. And if you do, you've got the same, should have the same burden that anyone else would have, which is you've got to give it back.
▶ Play Suggest a correction Report an error
Speaker 4 8:08
Any other questions? Anybody here to speak for or against the bill?
▶ Play Suggest a correction Report an error
Speaker 5 8:13
Senator Clark, you want to close for your bill? I am closed, and I appreciate a good vote. Motion do pass. Senator Clark moves to do pass as amended. Is
▶ Play Suggest a correction Report an error
Senator Jim Hendren Unverified 8:21
there a second? Second by Senator Rice. Any discussion? All in favor of the motion, say aye. Aye. Any opposed? Motion's carried. Congratulations. Senator Henry, you want to gavel us out? And we are adjourned. Thank you.
▶ Play Suggest a correction Report an error

Agenda

Call to Order

0:00

SB529 A. Clark CONCERNING THE RETURN OF STOLEN PROPERTY IN THE POSSESSION OF A PAWNBROKER TO THE RIGHTFUL OWNER.

0:09

Adjourn

8:34

Speakers

Chair Unverified
6 segments
Senator Alan Clark Unverified
18 segments
Speaker 5
5 segments
Speaker 13
1 segment
Senator Mark Johnson Unverified
2 segments
Speaker 22
1 segment
Senator Jim Hendren Unverified
2 segments
Speaker 30
2 segments
Speaker 4
1 segment