BILL NUMBER: AB 841	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 21, 2013

   An act to amend Section 21608.5 of the Business and Professions
Code, relating to junk dealers and recyclers.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 21608.5 of the Business and Professions Code is
amended to read:
   21608.5.  (a) A junk dealer or recycler in this state shall not
provide payment for nonferrous material 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 material is made by  cash or
 check. The check  may   shall  be
mailed to the seller at the address provided pursuant to paragraph
(3)  or the cash or check may be collected by the seller from
the junk dealer or recycler on or after the third business day after
the date of sale  .
   (2) At the time of sale, the junk dealer or recycler obtains a
clear photograph or video of the seller.
   (3) (A) Except as provided in subparagraph (B), the junk dealer or
recycler obtains a copy of the valid driver's license of the seller
containing a photograph and an address of the seller, a copy of a
state or federal government-issued identification card containing a
photograph and an address of the seller, a passport from any other
country in addition to another item of identification bearing an
address of the seller, or a Matricula Consular in addition to another
item of identification bearing an address of the seller.
   (B) If the seller prefers to have the check for the material
mailed to an alternative address, other than a post office box, the
junk dealer or recycler shall obtain a copy of a driver's license or
identification card described in subparagraph (A), and a gas or
electric utility bill addressed to the seller at that alternative
address with a payment due date no more than two months prior to the
date of sale. For purposes of this paragraph, "alternative address"
means an address that is different from the address appearing on the
seller's driver's license or identification card.
   (4) The junk dealer or recycler obtains a clear photograph or
video of the nonferrous material being purchased.
   (5) The junk dealer or recycler shall preserve the information
obtained pursuant to this subdivision for a period of two years after
the date of sale.
   (6) (A) The junk dealer or recycler obtains a thumbprint of the
seller, as prescribed by the Department of Justice. The junk dealer
or recycler shall keep this thumbprint with the information obtained
under this subdivision and shall preserve the thumbprint in either
hardcopy or electronic format for a period of two years after the
date of sale.
   (B) Inspection or seizure of the thumbprint shall only be
performed by a peace officer acting within the scope of his or her
authority in response to a criminal search warrant signed by a
magistrate and served on the junk dealer or recycler by the peace
officer. Probable cause for the issuance of that warrant must be
based upon a theft specifically involving the transaction for which
the thumbprint was given.
   (b) 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, on five or more separate days per
month, with the seller and, in order for 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 of the person delivering
the nonferrous material on behalf of the seller to the junk dealer or
the recycler.
   (d) (1) This section shall not apply to the purchase of nonferrous
material  having a value of not more than twenty dollars
($20) in a single transaction  , when the majority of the
transaction is for the redemption of beverage containers under the
California Beverage Container Recycling and Litter Reduction Act, as
set forth in Division 12.1 (commencing with Section 14500) of the
Public Resources Code.
   (2) Materials made of copper or copper alloys shall not be
purchased under this subdivision.
   (e) This section shall not apply to coin dealers or to automobile
dismantlers, as defined in Section 220 of the Vehicle Code. 
   (f) This section shall not apply to the redemption of nonferrous
material having a value of not more than twenty dollars ($20) in a
single transaction.  
   (f) 
    (g)  For the purposes of this section, "nonferrous
material" means copper, copper alloys, stainless steel, or aluminum,
but does not include beverage containers, as defined in Section 14505
of the Public Resources Code, that are subject to a redemption
payment pursuant to Section 14560 of the Public Resources Code.

   (g) 
    (h)  This section is intended to occupy the entire field
of law related to junk dealer or recycler transactions involving
nonferrous material. However, a city or county ordinance, or a city
and county ordinance, relating to the subject matter of this section
is not in conflict with this section if the ordinance is passed by a
two-thirds vote and it can be demonstrated by clear and convincing
evidence that the ordinance is both necessary and addresses a unique
problem within and specific to the jurisdiction of the ordinance that
cannot effectively be addressed under this section.