BILL NUMBER: AB 1778 CHAPTERED
BILL TEXT
CHAPTER 733
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 22, 2008
PASSED THE ASSEMBLY AUGUST 28, 2008
AMENDED IN SENATE AUGUST 18, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN ASSEMBLY MAY 8, 2008
AMENDED IN ASSEMBLY APRIL 7, 2008
INTRODUCED BY Assembly Member Ma
JANUARY 15, 2008
An act to add Section 21608.6 to the Business and Professions
Code, relating to junk dealers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1778, Ma. Junk dealers and recyclers: newspaper and California
Redemption Value (CRV) containers.
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
specified information, including, 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
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 these provisions regulating junk dealers
and recyclers is a crime.
This bill would prohibit a junk dealer or recycler, as defined, in
specified jurisdictions, from providing payment for newspaper and
for California Redemption Value (CRV) containers unless, except as
specified, the payment is made by check and the dealer or recycler
obtains certain identifying information, as specified, to be retained
by the dealer or recycler for a certain period of time. The bill
would specify that this provision does not apply to the payment for
newspaper having a value of $50 or less in a single transaction or
CRV containers having a value of $100 or less in a single
transaction.
Because a violation of these provisions would be a crime, this
bill would impose a state-mandated local program.
The bill would also prohibit any unauthorized disclosure of
personal identification information collected from a seller by a junk
dealer or recycler. Violation of the prohibition would subject the
violator to a civil fine not to exceed $5,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21608.6 is added to the Business and
Professions Code, to read:
21608.6. (a) A junk dealer or recycler, as defined in subdivision
(f), in this state shall not provide payment for newspaper, as
defined in Section 538c of the Penal Code, or for California
Redemption Value (CRV) containers 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 newspaper or for the CRV containers is
made by check or by other electronic transfer from the junk dealer or
recycler to the seller. A recycler, if authorized by regulations
adopted pursuant to Division 12.1 (commencing with Section 14500) of
the Public Resources Code, may provide payment for CRV containers
through a voucher that is immediately redeemable for cash.
(2) The junk dealer or recycler obtains and records a valid,
documented address for the seller by obtaining 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, or other valid identification containing the seller's
address, such as utility bills in the seller's name. The junk dealer
or recycler shall preserve the photograph and the address or the
copies obtained pursuant to this paragraph for a period of two years
after the date of sale.
(b) The requirements of 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 with the seller, and in
order for the requirements of 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 or a copy of a state or
federal government-issued identification card containing a photograph
and an address of the person delivering newspaper or CRV containers
on behalf of the seller to the junk dealer or the recycler.
(d) Any unauthorized disclosure of personal identification
information collected from a seller by a junk dealer or recycler is
prohibited, and any violation of this prohibition is subject to a
civil fine not to exceed five thousand dollars ($5,000).
(e) This section shall not apply to the payment for newspaper
having a value of fifty dollars ($50) or less in a single transaction
or CRV containers having a value of one hundred dollars ($100) or
less in a single transaction.
(f) This section shall only apply in jurisdictions that offer
curbside pickup of materials that include newspaper and CRV
containers.
(g) Notwithstanding Section 21605, for purposes of this section,
"recycler" means any processor, recycling center, or noncertified
recycler, as those terms are defined in Chapter 2 (commencing with
Section 14502) of Division 12.1 of the Public Resources Code.
SEC. 2. 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.