BILL NUMBER: SB 447 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Maldonado
FEBRUARY 21, 2007
An act to amend Section Sections 21606 and
21608 of, and to add Section 21606.1 to, the Business and
Professions Code, relating to junk dealers.
LEGISLATIVE COUNSEL'S DIGEST
SB 447, as amended, Maldonado. Junk dealers.
Existing law requires junk dealers and recyclers, as defined, to
keep specified written records of all sales and purchases made in the
course of business. Existing law requires junk dealers and recyclers
to preserve these written records for at least 2 years after making
the final entry of any purchase or sale of junk or scrap metals or
alloys. Failure of a junk dealer or recycler to keep these records is
a crime.
This bill would require a junk dealer to include in these
records the thumbprint of the seller of junk. The bill would require
a junk dealer to report specified information, using forms
approved or provided at actual cost by the Department of Justice, to
the sheriff of the county in which the junk dealer received or
purchased the junk and to the Agricultural Crime Technology
Information and Operations Network . The bill would make a
violation of these requirements a crime, and thereby 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.
Vote: majority. 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.
(6) A thumbprint of the seller.
(b) Any person who makes, or causes to be made, any false or
fictitious statement regarding any information required by this
section, is guilty of a misdemeanor.
SECTION 1. SEC. 2. Section 21606.1
is added to the Business and Professions Code, to read:
21606.1. Each day a junk dealer receives or purchases junk, or on
the first working day after receipt or purchase, the junk dealer
shall report all information required in subdivision (a) of Section
21606, using forms approved or provided at actual cost by the
Department of Justice, to the sheriff of the county in which the junk
dealer received or purchased the junk. A copy of the report
shall be submitted to the Agricultural Crime Technology Information
and Operations Network (ACTION Project).
SEC. 2. SEC. 3. Section 21608 of the
Business and Professions Code is amended to read:
21608. (a) Any 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, or who fails to transmit a report as required in Section
21606.1, 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 any 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 five hundred
dollars ($500), or by imprisonment in a county jail for not less than
30 days, or by both the fine and imprisonment.
(2) For a second offense, by a fine of not less than one thousand
dollars ($1,000), or by imprisonment in a county jail for not less
than 30 days, or by both the 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 two thousand dollars ($2,000), or by imprisonment in a county
jail for not less than six months, or by both the 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 a period of 30 days.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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 and because the only other costs that may be incurred by
a local agency or school district are the result of a program for
which legislative authority was requested by that local agency or
school district, within the meaning of Section 17556 of the
Government Code and Section 6 of Article XIII B of the California
Constitution.
SEC. 4. 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.