AB 801, as introduced, Brown. Junk dealers and recyclers: nonferrous materials.
Existing law requires junk dealers and recyclers, as defined, to maintain written records of all sales and purchases made in the course of their business, and makes a violation of the recordkeeping requirements a misdemeanor. Existing law prohibits 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, which information is to be retained by the dealer or recycler, as part of the written record of purchases, for a specified period of time.
This bill would require junk dealers and recyclers to obtain specified information before providing payment for nonferrous materials marked with an indicia of ownership, as defined, and would require that this information be retained as part of the written record of purchases. Because a violation of the recordkeeping requirement 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 21608.5 of the Business and Professions
2Code is amended to read:
(a) A junk dealer or recycler in this state shall not
4provide payment for nonferrous material unless, in addition to
5meeting the written record requirements of Sections 21605 and
621606, all of the following requirements are met:
7(1) The payment for the material is made by cash or check. The
8check may be mailed to the seller at the address provided pursuant
9to paragraph (3) or the cash or check may be collected by the seller
10from the junk dealer or recycler on or after the third business day
11after the date of sale.
12(2) At the time of sale, the junk dealer or recycler obtains a clear
13photograph or video of the seller.
14(3) (A) Except as provided in subparagraph (B), the junk dealer
15or recycler obtains a copy of the valid driver’s license of the seller
16containing a photograph and an address of the seller, a copy of a
17state or federal government-issued identification card containing
18a photograph and an address of the seller, a passport from any
19other country in addition to another item of identification bearing
20an address of the seller, or a Matricula Consular in addition to
21another item of identification bearing an address of the seller.
22(B) If the seller prefers to have the check for the material mailed
23to an alternative address, other than a post office box, the junk
24dealer or recycler shall obtain a copy of a driver’s license or
25identification card described in subparagraph (A), and a gas or
26electric utility bill addressed to the seller at that alternative address
27with a payment due date no more than two months prior to the
28date of sale. For
purposes of this paragraph, “alternative address”
29means an address that is different from the address appearing on
30the seller’s driver’s license or identification card.
P3 1(4) The junk dealer or recycler obtains a clear photograph or
2video of the nonferrous material being purchased.
3(5) The junk dealer or recycler shall preserve the information
4obtained pursuant to this subdivision for a period of two years after
5the date of sale.
6(6) (A) The junk dealer or recycler obtains a thumbprint of the
7seller, as prescribed by the Department of Justice. The junk dealer
8or recycler shall keep this thumbprint with the information obtained
9under this subdivision and shall preserve the thumbprint in either
10hardcopy or electronic format for a period of two years after the
11date of sale.
12(B) Inspection or seizure of the thumbprint shall only be
13performed by a peace officer acting within the scope of his or her
14authority in response to a criminal search warrant signed by a
15magistrate and served on the junk dealer or recycler by the peace
16officer. Probable cause for the issuance of that warrant must be
17based upon a theft specifically involving the transaction for which
18the thumbprint was given.
19(7) If the materials are marked with an indicia of ownership,
20the junk dealer or recycler obtains a proof of ownership record,
21including, but not limited to, a receipt from the indicated owner
22or a bill of lading, from the person selling or delivering the
23materials that shows that person has lawful possession or
24ownership of the materials. Copies of these documents shall be
25maintained by the junk
dealer or recycler as part of the written
26record of the transaction.
27(b) Paragraph (1) of subdivision (a) shall not apply if, during
28any three-month period commencing on or after the effective date
29of this section, the junk dealer or recycler completes five or more
30separate transactions per month, on five or more separate days per
31month, with the seller and, in order for paragraph (1) of subdivision
32(a) to continue to be inapplicable, the seller must continue to
33complete five or more separate transactions per month with the
34junk dealer or recycler.
35(c) This section shall not apply if, on the date of sale, the junk
36dealer or recycler has on file or receives all of the following
37information:
38(1) The name, physical business address, and business telephone
39number of the seller’s business.
P4 1(2) The business license number or tax identification number
2of the seller’s business.
3(3) A copy of the valid driver’s license of the person delivering
4the nonferrous material on behalf of the seller to the junk dealer
5or the recycler.
6(d) (1) This section shall not apply to the purchase of nonferrous
7material having a value of not more than twenty dollars ($20) in
8a single transaction, when the majority of the transaction is for the
9redemption of beverage containers under the California Beverage
10Container Recycling and Litter Reduction Act, as set forth in
11Division 12.1 (commencing with Section 14500) of the Public
12Resources Code.
13(2) Materials made of copper or copper alloys shall not be
14purchased under this subdivision.
15(e) This section shall not apply to coin dealers or to automobile
16dismantlers, as defined in Section 220 of the Vehicle Code.
17(f) For the purposes of this section,begin delete “nonferrousend deletebegin insert the following
18terms have the following meanings:end insert
19(1) “Indicia of ownership” means words, symbols, or registered
20trademarks printed, stamped,
etched, attached, or otherwise
21displayed on the exterior surface of the materials that reasonably
22identify the owner.
23begin insert(2)end insertbegin insert end insertbegin insert“Nonferrousend insert material” means copper, copper alloys, stainless
24steel, or aluminum, but does not include beverage containers, as
25defined in Section 14505 of the Public Resources Code, that are
26subject to a redemption payment pursuant to Section 14560 of the
27Public Resources Code.
28(g) This section is intended to occupy the entire field of law
29related to junk dealer or recycler transactions involving nonferrous
30material. However, a city or county ordinance, or a city and county
31ordinance, relating to the subject matter of this section is not in
32conflict with this section
if the ordinance is passed by a two-thirds
33vote and it can be demonstrated by clear and convincing evidence
34that the ordinance is both necessary and addresses a unique problem
35within and specific to the jurisdiction of the ordinance that cannot
36effectively be addressed under this section.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district will be incurred because this act creates a new crime or
P5 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
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