BILL NUMBER: AB 844	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN SENATE  JUNE 25, 2008
	AMENDED IN SENATE  JUNE 19, 2008
	AMENDED IN SENATE  MAY 29, 2008
	AMENDED IN SENATE  APRIL 30, 2008
	AMENDED IN SENATE  JUNE 26, 2007
	AMENDED IN SENATE  JUNE 19, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MAY 1, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Members Berryhill and Maze
   (Principal coauthors: Assembly Members Galgiani and Garrick)
   (Principal coauthors: Senators Calderon, Cogdill, and Maldonado)
   (Coauthors: Assembly Members Adams, Aghazarian, Anderson,
Arambula, Benoit, Blakeslee, Cook, DeVore, Emmerson, Fuller, Gaines,
Garcia, Horton, Houston, Huff, Jeffries, Keene, La Malfa, Ma, Mullin,
Nakanishi, Niello, Parra, Plescia, Sharon?Runner, Salas, Silva,
Smyth, Spitzer, Strickland, Tran, Villines, and Walters)
   (Coauthors: Senators Cedillo, Denham, Florez, Margett, and Yee)

                        FEBRUARY 22, 2007

   An act to amend Sections 21606, 21606.5, 21608, and 21609 of, and
to add Sections 21608.3 and 21608.5 to, the Business and Professions
Code, relating to junk dealers, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 844, as amended, Berryhill. Junk dealers and recyclers:
nonferrous material.
   Existing law requires junk dealers and recyclers, as defined, to
keep written records of all sales and purchases made in the course of
their business. Existing law requires these records to include,
among other things, the place and date of each sale or purchase of
junk, a description of the item of junk, and the personal and vehicle
information of the person selling, purchasing, or transporting the
junk. Existing law exempts certain purchases of scrap metals by a
junk dealer or recycler from these provisions. A violation of the
provisions regulating junk dealers and recyclers is a crime.
   This bill would require a junk dealer or recycler to report the
information included in those written records to the chief of police
or sheriff, as specified, upon request and on a monthly basis. The
bill would authorize the chief of police or sheriff to request weekly
reports for no more than a 2-month period, except as specified, if
there is an ongoing investigation of the junk dealer or recycler
concerning possible criminal activity.
   This bill would prohibit a junk dealer or recycler from providing
payment for nonferrous material, as defined, unless the payment is
made by cash or check, the check is mailed or the cash or check is
provided no earlier than 3 days after the date of sale, and the
dealer or recycler obtains  a photograph or video of the seller
and  certain  other  identifying information, as
specified, including the thumbprint of a seller, to be retained by
the dealer or recycler for a certain period of time. The bill would
specify an exception to the payment by cash or check requirement and
provide that these requirements do not apply to the redemption of
nonferrous materials of a certain value at a recycling center, as
specified, or to coin dealers or automobile dismantlers. The bill
would also prohibit a city, county, or city and county from adopting
an ordinance related to junk dealer or recycler transactions
involving nonferrous material, except under specified circumstances.
   Under existing law, a knowing and willful violation of the
recordkeeping requirements applicable to junk dealers and recyclers
is punishable by specified fines, by imprisonment in the county jail
for a specified period of time, or by both that fine and
imprisonment. Existing law requires that, for a 3rd or subsequent
violation, the court order the defendant to stop engaging in business
as a junk dealer or recycler for a period of 30 days.
   This bill would increase the minimum fines for those violations,
as specified, and would also require the court, for a 3rd or
subsequent violation, to order the defendant to stop engaging in
business as a junk dealer or recycler for a period of not less than
one year. The bill would further impose a specified civil fine for
the unauthorized disclosure of a seller's personal identification
information.
   Under existing law, when a peace officer has probable cause to
believe that property in the possession of a junk dealer or recycler
is stolen, the peace officer may place a hold on that property.
Existing law requires a court, upon conviction of a person for the
theft of that property, to order the defendant to pay the reasonable
costs for the storage of the property.
   This bill would also require the court to order the defendant to
pay the victim for the value of the property stolen and any
reasonable collateral damage caused in the commission of the theft.
   Because a violation of this bill's provisions 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.
   This bill would declare that it is to take effect immediately as
an urgency statute  and would provide that its provisions shall
become operative on December 1, 2008  .
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 21606 of the Business and Professions Code is
amended to read:
   21606.  (a) Every junk dealer and every recycler shall set out in
the written record required by this article all of the following:
   (1) The place and date of each sale or purchase of junk made in
the conduct of his or her business as a junk dealer or recycler.
   (2) The name, valid driver's license number and state of issue or
California-issued identification card number, and vehicle license
number including the state of issue of any motor vehicle used in
transporting the junk to the junk dealer's or recycler's place of
business.
   (3) The name and address of each person to whom junk is sold or
disposed of, and the license number of any motor vehicle used in
transporting the junk from the junk dealer's or recycler's place of
business.
   (4) A description of the item or items of junk purchased or sold,
including the item type and quantity, and identification number, if
visible.
   (5) A statement indicating either that the seller of the junk is
the owner of it, or the name of the person he or she obtained it
from, as shown on a signed transfer document.
   (b) A person who makes, or causes to be made, a false or
fictitious statement regarding any information required by this
section is guilty of a misdemeanor.
   (c) (1) Every junk dealer and every recycler shall report the
information required under subdivision (a) to the chief of police, if
the dealer's or recycler's business is located in a city, or to the
sheriff, if the dealer's or recycler's business is located in an
unincorporated part of a county, upon request of the chief of police
or sheriff and on a monthly basis, except as provided in paragraph
(2).
   (2) The chief of police or sheriff may request the report
described in this section on a weekly basis if there is an ongoing
investigation of the junk dealer or recycler concerning possible
criminal activity. The chief of police or sheriff may request weekly
reports for no more than a two-month period unless the investigation
of the junk dealer or recycler continues and the chief of police or
sheriff makes a subsequent request for weekly reports for an
additional two-month period or part thereof. 
   (d) The amendments to this section made by the act adding this
subdivision shall become operative on December 1, 2008. 
  SEC. 2.  Section 21606.5 of the Business and Professions Code is
amended to read:
   21606.5.  Every junk dealer or recycler shall, during normal
business hours, allow periodic inspection of any premises maintained
and any junk thereon for the purpose of determining compliance with
the recordkeeping requirements of this article, and shall during
those hours produce his or her records of sales and purchases, except
as provided in subparagraph (A) of paragraph (3) of subdivision (a)
of Section 21608.5, and all property purchased incident to those
transactions which is in the possession of the junk dealer or
recycler for inspection by any of the following persons:
   (a) An officer holding a warrant authorizing him or her to search
for personal property.
   (b) A person appointed by the sheriff of a county or appointed by
the head of the police department of a city.
   (c) An officer holding a court order directing him or her to
examine the records or property. 
   (d) The amendments to this section made by the act adding this
subdivision shall become operative on December 1, 2008.
  SEC. 3.  Section 21608 of the Business and Professions Code is
amended to read:
   21608.  (a) A junk dealer or recycler who fails in any respect to
keep the written record required by this article, or to set out in
that written record any matter required by this article to be set out
therein, is guilty of a misdemeanor.
   Every junk dealer or recycler who refuses, upon demand pursuant to
Section 21606.5, to exhibit the written record required by this
article, or who destroys that record within two years after making
the final entry of a purchase or sale of junk therein, is guilty of a
misdemeanor.
   (b) Any knowing and willful violation of subdivision (a) shall be
punishable as follows:
   (1) For a first offense, by a fine of not less than one thousand
dollars ($1,000), or by imprisonment in the county jail for not less
than 30 days, or by both that fine and imprisonment.
   (2) For a second offense, by a fine of not less than two thousand
dollars ($2,000), or by imprisonment in the county jail for not less
than 30 days, or by both that fine and imprisonment. In addition to
any other sentence imposed pursuant to this paragraph, the court may
order the defendant to stop engaging in business as a junk dealer or
recycler for a period not to exceed 30 days.
   (3) For a third or any subsequent offense, by a fine of not less
than four thousand dollars ($4,000), or by imprisonment in the county
jail for not less than six months, or by both that fine and
imprisonment. In addition to any other sentence imposed pursuant to
this paragraph, the court shall order the defendant to stop engaging
in business as a junk dealer or recycler for not less than one year.

   (c) The amendments to this section made by the act adding this
subdivision shall become operative on December 1, 2008. 
  SEC. 4.  Section 21608.3 is added to the Business and Professions
Code, to read:
   21608.3.   (a)    Any unauthorized disclosure of
personal identification information collected from a seller by a
junk dealer or recycler is prohibited, and any such disclosure shall
render the violator liable for a civil fine of up to five thousand
dollars ($5,000). 
   (b) This section shall become operative on December 1, 2008. 

  SEC. 5.  Section 21608.5 is added to the Business and Professions
Code, to read:
   21608.5.  (a) A junk dealer or recycler in this state shall not
provide payment for nonferrous material unless, in addition to
meeting the written record requirements of Sections 21605 and 21606,
all of the following requirements are met:
   (1) The payment for the material is made by cash or check. The
check may be mailed to the seller at the address provided pursuant to
paragraph  (2)   (3)  or the cash or check
may be collected by the seller from the junk dealer or recycler on
the third business day after the date of sale. 
   (2) At the time of sale, the junk dealer or recycler obtains a
clear photograph or video of the seller.  
   (2) 
    (3)  (A) Except as provided in subparagraph (B), the
junk dealer or recycler obtains a copy of the valid driver's license
of the seller containing a photograph and an address of the seller or
a copy of a state or federal government-issued identification card
containing a photograph and an address of the seller.
   (B) If the seller prefers to have the check for the material
mailed to an alternative address, other than a post office box, the
junk dealer or recycler shall obtain  a photograph or video
of the seller, or  a copy of a driver's license or
identification card described in subparagraph (A), and a gas or
electric utility bill addressed to the seller at that alternative
address with a payment due date no more than two months prior to the
date of sale. For purposes of this paragraph, "alternative address"
means an address that is different from the address appearing on the
seller's driver's license or identification card. 
   (C) 
    (4)  The junk dealer or recycler obtains a  clear
 photograph or video of the nonferrous material being purchased.

   (D) 
    (5)  The junk dealer or recycler shall preserve the
information obtained pursuant to this paragraph for a period of two
years after the date of sale. 
   (3) 
    (6)  (A) The junk dealer or recycler obtains a
thumbprint of the seller, as prescribed by the Department of Justice.
The junk dealer or recycler shall keep this thumbprint with the
information obtained under  paragraph (2)   this
subdivision  and shall preserve the thumbprint in either hard
copy or electronic format for a period of two years after the date of
sale.  The junk dealer or recycler shall make the thumbprint
available to a person listed in Section 21606.5 only if that person
has probable cause to believe that property in the possession of the
junk dealer or recycler has been stolen. The seller shall acknowledge
this disclosure requirement in writing. 
   (B) Inspection or seizure of the thumbprint shall only be
performed by a peace officer acting within the scope of his or her
authority in response to a criminal search warrant signed by a
magistrate and served on the junk dealer or recycler by the peace
officer. Probable cause for the issuance of that warrant must be
based upon a theft specifically involving the transaction for which
the thumbprint was given.
   (b) Paragraph (1) of subdivision (a) shall not apply if, during
any three-month period commencing on or after the effective date of
this section, the junk dealer or recycler completes five or more
separate transactions per month, on five or more separate days per
month, with the seller and, in order for paragraph (1) of subdivision
(a) to continue to be inapplicable, the seller must continue to
complete five or more separate transactions per month with the junk
dealer or recycler.
   (c) This section shall not apply if, on the date of sale, the junk
dealer or recycler has on file or receives all of the following
information:
   (1) The name, physical business address, and business telephone
number of the seller's business.
   (2) The business license number or tax identification number of
the seller's business.
   (3) A copy of the valid driver's license of the person delivering
the nonferrous material on behalf of the seller to the junk dealer or
the recycler.
   (d) This section shall not apply to the redemption of nonferrous
material having a value of not more than twenty dollars ($20) in a
single transaction, when the primary purpose of the transaction is
the redemption of beverage containers under the California Beverage
Container Recycling and Litter Reduction Act, as set forth in
Division 12.1 (commencing with Section 14500) of the Public Resources
Code.
   (e) This section shall not apply to coin dealers or to automobile
dismantlers, as defined in Section 220 of the Vehicle Code.
   (f) For the purposes of this section, "nonferrous material" means
copper, copper alloys, stainless steel, or aluminum, but does not
include beverage containers, as defined in Section 14505 of the
Public Resources Code, that are subject to a redemption payment
pursuant to Section 14560 of the Public Resources Code.
   (g) This section is intended to occupy the entire field of law
related to junk dealer or recycler transactions involving nonferrous
material. However, a city or county ordinance, or a city and county
ordinance, relating to the subject matter of this section is not in
conflict with this section if the ordinance is passed by a two-thirds
vote and it can be demonstrated by clear and convincing evidence
that the ordinance is both necessary and addresses a unique problem
within and specific to the jurisdiction of the ordinance that cannot
effectively be addressed under this section. 
   (h) This section shall become operative on December 1, 2008. 

  SEC. 6.  Section 21609 of the Business and Professions Code is
amended to read:
   21609.  (a) Whenever a peace officer has probable cause to believe
that property in the possession of a junk dealer or recycler is
stolen, in lieu of seizing the property, the peace officer as defined
in subdivision (b) of Section 21606.5, at his or her option, may
place a hold on the property for a period not to exceed 90 days. When
a peace officer places a hold on the property, the peace officer
shall give the junk dealer or recycler a written notice at the time
the hold is placed, describing the item or items to be held plus the
case number. During that period the junk dealer or recycler shall not
release or dispose of the property, except pursuant to a court order
or upon receipt of a written authorization signed by a peace officer
who is a member of the law enforcement agency of which the peace
officer placing the hold on the property is a member. Except as
specifically set forth in this section, a junk dealer or recycler
shall not be subject to civil liability for compliance with this
section.
   (b) Whenever property that is in the possession of a junk dealer
or recycler is subject to a hold and the property is required by a
peace officer in a criminal investigation, the junk dealer or
recycler, upon reasonable notice, shall produce the property at
reasonable times and places or may deliver the property to any peace
officer upon the request of any peace officer who is a member of the
law enforcement agency of which the peace officer placing the hold on
the property is a member.
   (c) Whenever property that is in the possession of a junk dealer
or recycler is subject to a hold and the property is no longer
required for the purpose of criminal investigation, the law
enforcement agency that placed the hold on the property shall
undertake the following:
   (1) With respect to the property being held, if the law
enforcement agency has no knowledge of the property on hold being
reported as stolen, the property shall be released upon written
notice to the junk dealer or recycler. The notice shall be provided
in a timely fashion.
   (2) If the law enforcement agency has knowledge that the property
has been reported stolen, the law enforcement agency shall notify the
person who reported the stolen property of the name and address of
the junk dealer or recycler holding the property and authorize the
release of the property to that person.
   The law enforcement agency that placed the property on hold shall
release the hold after 60 days has elapsed following the delivery of
the notice to the person who reported the property stolen.
   (3) If a victim seeks to recover property that is subject to a
hold, the junk dealer or recycler shall advise the victim of the name
and badge number of the peace officer who placed the hold on the
property and the name of the law enforcement agency of which the
officer is a member. If the property is not required to be held
pursuant to a criminal prosecution the hold shall be released.
   (d) Upon conviction of a person for the theft of property placed
on hold pursuant to this section, the court shall order the defendant
to do both of the following:
   (1) Pay the junk dealer or recycler reasonable costs for the
storage of the property.
   (2) Pay the victim for both the value of the property stolen and
any reasonable collateral damage caused in the commission of the
theft. 
   (e) The amendments to this section made by the act adding this
subdivision shall become operative on December 1, 2008. 
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 8.  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 address statewide concerns related to public safety,
and to decrease the rising theft of nonferrous materials, it is
necessary that this act take effect immediately.