BILL NUMBER: SB 757	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2013

INTRODUCED BY   Senator Berryhill
    (   Coauthor:   Senator   Calderon
  ) 

                        FEBRUARY 22, 2013

   An act to amend  Section 21603   Sections
21608.6 and 21626.5  of the Business and Professions Code,
relating to business.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 757, as amended, Berryhill. Junk dealers and recyclers. 
   Existing law authorizes junk dealers and recyclers, as defined, to
sell and purchase junk, which includes secondhand and used
furniture, pallets, or other personal property, as specified.
Existing law requires junk dealers and recyclers to obtain valid
identification, as specified, from a seller before providing payment
for newspaper, as defined, or for California Redemption Value (CRV)
containers. Existing law requires junk dealers and recyclers to
maintain written records of specified information and makes a
violation of the recordkeeping requirements a misdemeanor.  

   This bill would permit a seller to use a passport from any country
or a Matricula Consular issued by Mexico, along with another form of
identification bearing an address, or an identification card issued
by the United States, as identification for purposes of these
provisions.  
   Existing law regulates secondhand dealers and coin dealers, as
defined, and makes a violation of those provisions a misdemeanor.
 
   This bill would specify that the provisions governing secondhand
dealers and coin dealers do not apply to junk dealers, as defined,
and would declare that provision declaratory of existing law. 

   Existing law regulates secondhand dealers and coin dealers, as
defined, and makes a violation of those provisions a misdemeanor.
Existing law regulates junk dealers and recyclers, as defined, and
makes a violation of those provisions a misdemeanor. 

   This bill would provide that the provisions governing junk dealers
and recyclers do not apply to secondhand dealers or coin dealers, as
defined. 
   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 21608.6 of the  
Business and Professions Code   is amended to read: 
   21608.6.  (a) A junk dealer or recycler, as defined in subdivision
 (f)   (g)  , in this state shall not
provide payment for newspaper, as defined in Section 538c of the
Penal Code, or for California Redemption Value (CRV) containers
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 newspaper or for the CRV containers is
made by check or by other electronic transfer from the junk dealer or
recycler to the seller. A recycler, if authorized by regulations
adopted pursuant to Division 12.1 (commencing with Section 14500) of
the Public Resources Code, may provide payment for CRV containers
through a voucher that is immediately redeemable for cash.
   (2) The junk dealer or recycler obtains and records a valid,
documented address for the seller by obtaining a copy of the valid
driver's license of the seller containing a photograph and an address
of the seller, or 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,  or other valid identification
containing the seller's address, such as utility bills in the seller'
s name. The junk dealer or recycler shall preserve the photograph and
the address or the copies obtained pursuant to this paragraph for a
period of two years after the date of sale.
   (b) The requirements of 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 with the seller, and in
order for the requirements of 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 or a copy of a state or
federal government-issued identification card containing a photograph
and an address of the person delivering newspaper or CRV containers
on behalf of the seller to the junk dealer or the recycler.
   (d) Any unauthorized disclosure of personal identification
information collected from a seller by a junk dealer or recycler is
prohibited, and any violation of this prohibition is subject to a
civil fine not to exceed five thousand dollars ($5,000).
   (e) This section shall not apply to the payment for newspaper
having a value of fifty dollars ($50) or less in a single transaction
or CRV containers having a value of one hundred dollars ($100) or
less in a single transaction.
   (f) This section shall only apply in jurisdictions that offer
curbside pickup of materials that include newspaper and CRV
containers.
   (g) Notwithstanding Section 21605, for purposes of this section,
"recycler" means any processor, recycling center, or noncertified
recycler, as those terms are defined in Chapter 2 (commencing with
Section 14502) of Division 12.1 of the Public Resources Code.
   SEC. 2.    Section 21626.5 of the   Business
and Professions Code   is amended to read: 
   21626.5.  "Secondhand dealer," as used in this article, does not
include  either   any  of the following:
   (a) Any person who performs the services of an auctioneer for a
fee or salary.
   (b) Any person whose business is limited to the reconditioning and
selling of major household appliances, provided all the following
conditions are met:
   (1) The person does not trade, take in pawn, accept for drop-off,
accept as a trade-in, accept for sale on consignment, accept for
auction, auction, or buy, except in bulk, the appliances.
   (2) The person does not perform repair services for owners of
appliances unless the appliance was purchased from the person.
   (3) The person has never been convicted of the crime of attempting
to receive or receiving stolen property or any other theft-related
crime. 
   (c) A junk dealer, as defined in Section 21601. 
   SEC. 3.    The amendment of Section 21626.5 of the
Business and Professions Code made by this act does not constitute a
change in, but is declaratory of, existing law.  
  SECTION 1.    Section 21603 of the Business and
Professions Code is amended to read:
   21603.  This article shall not apply to any of the following:
   (a) Secondhand furniture merchants.
   (b) Pawnbrokers.
   (c) Secondhand car dealers or merchants in connection with
automobile and motor vehicle sales agencies but not carried on and
conducted in conjunction with a junk yard.
   (d) Persons engaged in the business of selling new automobile
tires or batteries or other equipment taking in part payment used
articles of the same kind and thereafter selling or disposing of the
same.
   (e) Secondhand oil well supply and equipment dealers not
conducting or carrying on their business in connection with a junk
yard.
   (f) Secondhand clothing merchants and ragpickers.
   (g) Secondhand dealers or coin dealers, as defined in Section
21626.