AB 841, as amended, 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.begin delete 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.end delete
This bill would allow payment for nonferrous materials only by checkbegin delete markedend deletebegin insert
mailedend insert to the seller’s address.begin delete 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.end delete
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 by check. The check
8shall be mailed to the seller at the address provided pursuant to
9paragraph (3) .
10(2) At the time of sale, the junk dealer or recycler obtains a clear
11photograph or video of the seller.
12(3) (A) Except as provided in subparagraph (B), the junk dealer
13or
recycler obtains a copy of the valid driver’s license of the seller
14containing a photograph and an address of the seller, a copy of a
15state or federal government-issued identification card containing
16a photograph and an address of the seller, a passport from any
17other country in addition to another item of identification bearing
18an address of the seller, or a Matricula Consular in addition to
19another item of identification bearing an address of the seller.
20(B) If the seller prefers to have the check for the material mailed
21to an alternative address, other than a post office box, the junk
22dealer or recycler shall obtain a copy of a driver’s license or
23identification card described in subparagraph (A), and a gas or
24electric utility bill addressed to the seller at that alternative address
25with a payment due date no more than two months prior to the
26date
of sale. For purposes of this paragraph, “alternative address”
27means an address that is different from the address appearing on
28the seller’s driver’s license or identification card.
29(4) The junk dealer or recycler obtains a clear photograph or
30video of the nonferrous material being purchased.
31(5) The junk dealer or recycler shall preserve the information
32obtained pursuant to this subdivision for a period of two years after
33the date of sale.
34(6) (A) The junk dealer or recycler obtains a thumbprint of the
35seller, as prescribed by the Department of Justice. The junk dealer
36or recycler shall keep this thumbprint with the information obtained
37under this subdivision and shall preserve the thumbprint in either
P3 1
hardcopy or electronic format for a period of two years after the
2date of sale.
3(B) Inspection or seizure of the thumbprint shall only be
4performed by a peace officer acting within the scope of his or her
5authority in response to a criminal search warrant signed by a
6magistrate and served on the junk dealer or recycler by the peace
7officer. Probable cause for the issuance of that warrant must be
8based upon a theft specifically involving the transaction for which
9the thumbprint was given.
10(b) Paragraph (1) of subdivision (a) shall not apply if, during
11any three-month period commencing on or after the effective date
12of this section, the junk dealer or recycler completes five or more
13separate transactions per month, on five or more separate days per
14
month, with the seller and, in order for paragraph (1) of subdivision
15(a) to continue to be inapplicable, the seller must continue to
16complete five or more separate transactions per month with the
17junk dealer or recycler.
18(c) This section shall not apply if, on the date of sale, the junk
19dealer or recycler has on file or receives all of the following
20information:
21(1) The name, physical business address, and business telephone
22number of the seller’s business.
23(2) The business license number or tax identification number
24of the seller’s business.
25(3) A copy of the valid driver’s license of the person delivering
26the nonferrous material on behalf
of the seller to the junk dealer
27or the recycler.
28(d) (1) This section shall not apply to the purchase of nonferrous
29materialbegin insert having a value of not more than twenty dollars ($20) in
30a single transaction end insert , when the majority of the transaction is for
31the redemption of beverage containers under the California
32Beverage Container Recycling and Litter Reduction Act, as set
33forth in Division 12.1 (commencing with Section 14500) of the
34Public Resources Code.
35(2) Materials made of copper or copper alloys shall not be
36purchased under this subdivision.
37(e) This section shall not apply to coin dealers or to
automobile
38dismantlers, 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(g)
end delete
5begin insert(f)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(h)
end delete
11begin insert(g)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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