Message from the ABAA (US): California Autograph Law amended
Assembly Bill No. 228 - CHAPTER 696: An act to amend Section 1739.7 of the Civil Code, relating to collectibles, and declaring the urgency thereof, to take effect immediately.
Mary Gilliam, President of the Antiquarian Booksellers' Association of America, ABAA writes:
We have fantastic news: the ABAA-sponsored bill in California, AB 228, has been signed into law by the Governor of California and is now in effect.
Particular thanks are owed to our member volunteers, among them Brad and Jen Johnson, Marc Kuritz, Laurelle Swan, and Vic Zoschak. It is the tireless efforts of these colleagues and constituents in the state of California, a coalition of sister organizations, and our legal and lobbying team, that persuaded legislators of the need to pass AB 228. We recognize the ABAA Board, staff, and our membership for supporting and providing resources for the effort. We especially want to thank California Assembly Member Todd Gloria for his work in carrying AB 228 for us. Most importantly we thank our members; without them, there is no ABAA.
The three main takeaways are:
- All books, manuscripts, and correspondence, as well as any ephemera not related to sports or entertainment media, are now categorically excluded from the regulation of “Autographed collectibles” under California’s autograph law.
- Those few of us who do deal in the kind of autographed collectibles in the state of California that still fall under the law may now provide an “Express Warranty” guaranteeing the item as authentic, rather than a Certificate of Authenticity. That warranty may be incorporated into an invoice rather than being a separate document. And the requirement to disclose in the warranty from whom the autographed collectible was purchased has been eliminated.
- Civil penalties incurred by those subject to the law who fail to comply have been lowered.
Thanks once again to all who were involved in this effort.