BILL NUMBER: AB 2298	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Members  Achadjian 
   and Ma   Ma   and
Achadjian 

                        FEBRUARY 24, 2012

   An act  to amend Section 21606.5 of the Business and
Professions Code,  relating to  theft  
junk dealers and recyclers  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2298, as amended,  Achadjian  Ma. 
Theft: scrap metal and alloys.   Junk dealers and
recyclers.  
   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 a junk dealer or recycler to
allow for periodic inspection by specified persons, including persons
authorized by the county sheriff or the head of a city police
department, of any premises maintained for purposes of determining
compliance with the recordkeeping requirements, and, upon inspection,
requires the junk dealer or recycler to produce sales and purchase
records.  
   This bill would, in addition, authorize persons appointed by the
head of a county agricultural commission to carry out the periodic
inspection of the premises of junk dealers and recyclers. 

   Existing law defines and proscribes various forms of theft,
including grand theft.  
   This bill would express the intent of the Legislature to enact
legislation to specifically proscribe the theft of ferrous and
nonferrous scrap metals and metal alloys. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    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 (B) of paragraph (6) 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  , or by the head of a county agricultural commission
 .
   (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. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation that will specifically proscribe the theft of
ferrous and nonferrous scrap metals and metal alloys.