AB 841, as introduced, Torres. Junk dealers and recyclers: nonferrous materials: payment.
Existing law prohibits a junk dealer or a 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 other specified requirements are met. Existing law exempts from these provisions a transaction having a value of not more than $20 when the majority of the purchase is for beverage containers made of nonferrous material and no copper or copper alloy is included.
This bill would allow payment for nonferrous materials only by check marked to the seller’s address. The bill would remove the $20 limit for a transaction consisting primarily of beverage containers made of nonferrous material to be exempt from these provisions. The bill would also exempt from these provisions the redemption of any nonferrous material, including copper and copper alloy, with a value of not more than $20 per transaction.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
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 bybegin delete cash orend delete check. The
8checkbegin delete mayend deletebegin insert shallend insert be mailed to the seller at the address provided
9pursuant to paragraph (3)begin delete or the cash or check may be collected .
10by the seller from the junk dealer or recycler on or after the third
11business day after the date of saleend delete
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.
31(4) The junk dealer or recycler obtains a clear photograph or
32video of the nonferrous material being purchased.
33(5) The junk dealer or recycler shall preserve the information
34obtained pursuant to this subdivision for a period of two years after
35the date of sale.
36(6) (A) The junk dealer or recycler obtains a thumbprint of the
37seller, as prescribed by the Department of Justice. The junk dealer
38or
recycler shall keep this thumbprint with the information obtained
P3 1under this subdivision and shall preserve the thumbprint in either
2hardcopy or electronic format for a period of two years after the
3date of sale.
4(B) Inspection or seizure of the thumbprint shall only be
5performed by a peace officer acting within the scope of his or her
6authority in response to a criminal search warrant signed by a
7magistrate and served on the junk dealer or recycler by the peace
8officer. Probable cause for the issuance of that warrant must be
9based upon a theft specifically involving the transaction for which
10the thumbprint was given.
11(b) Paragraph (1) of subdivision (a) shall not apply if, during
12any three-month period commencing on or after the effective date
13of this section, the junk dealer or recycler completes five or more
14separate transactions per month, on five or more separate days per
15
month, with the seller and, in order for paragraph (1) of subdivision
16(a) to continue to be inapplicable, the seller must continue to
17complete five or more separate transactions per month with the
18junk dealer or recycler.
19(c) This section shall not apply if, on the date of sale, the junk
20dealer or recycler has on file or receives all of the following
21information:
22(1) The name, physical business address, and business telephone
23number of the seller’s business.
24(2) The business license number or tax identification number
25of the seller’s business.
26(3) A copy of the valid driver’s license of the person delivering
27the nonferrous material on behalf of the seller to the junk dealer
28or the recycler.
29(d) (1) This section shall not apply to the purchase of nonferrous
30materialbegin delete having a value of not more than twenty dollars ($20) in , when the majority of the transaction is for the
31a single transactionend delete
32redemption of beverage containers under the California Beverage
33Container Recycling and Litter Reduction Act, as set forth in
34Division 12.1 (commencing with Section 14500) of the Public
35Resources Code.
36(2) Materials made of copper or copper alloys shall not be
37purchased under this subdivision.
38(e) This section shall not apply to coin dealers or to automobile
39dismantlers, as defined in Section 220 of the Vehicle Code.
P4 1(f) This section shall not apply to the
redemption of nonferrous
2material having a value of not more than twenty dollars ($20) in
3a single transaction.
4(f)
end delete
5begin insert(g)end insert For the purposes of this section, “nonferrous material” means
6copper, copper alloys, stainless steel, or aluminum, but does not
7include beverage containers, as defined in Section 14505 of the
8Public Resources Code, that are subject to a redemption payment
9pursuant to Section 14560 of the Public Resources Code.
10(g)
end delete
11begin insert(h)end insert This
section is intended to occupy the entire field of law
12related to junk dealer or recycler transactions involving nonferrous
13material. However, a city or county ordinance, or a city and county
14ordinance, relating to the subject matter of this section is not in
15conflict with this section if the ordinance is passed by a two-thirds
16vote and it can be demonstrated by clear and convincing evidence
17that the ordinance is both necessary and addresses a unique problem
18within and specific to the jurisdiction of the ordinance that cannot
19effectively be addressed under this section.
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