California Legislature—2015–16 Regular Session

Assembly BillNo. 772


Introduced by Assembly Member Baker

February 25, 2015


An act to amend Section 11107.1 of, and to add Section 11107.2 to, the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

AB 772, as introduced, Baker. Controlled substances: butane.

Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchaser’s identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.

This bill would add butane to the list of specified substances for which these requirements apply. The bill would also prohibit any person from purchasing more than 400 milliliters of butane in a calendar month. Because the bill would create a new crime, it 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:

P2    1

SECTION 1.  

Section 11107.1 of the Health and Safety Code
2 is amended to read:

3

11107.1.  

(a) begin deleteAny end deletebegin insertA end insertmanufacturer, wholesaler, retailer, or other
4person or entity in this state that sells to any person or entity in
5this state or any other state any quantity ofbegin insert butane,end insert sodium cyanide,
6potassium cyanide, cyclohexanone, bromobenzene, magnesium
7turnings, mercuric chloride, sodium metal, lead acetate, palladium
8black, hydrogen chloride gas, trichlorofluoromethane
9(fluorotrichloromethane), dichlorodifluoromethane,
101,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane),
11sodium acetate, or acetic anhydride shall do the following:

12(1) (A) Notwithstanding any otherbegin delete provision ofend delete law, inbegin delete anyend deletebegin insert aend insert
13 face-to-face or will-call sale, the seller shall prepare a bill of sale
14begin delete whichend deletebegin insert thatend insert identifies the date of sale, cost of sale, method of
15payment, the specific items and quantities purchased and the proper
16purchaser identification information, all of which shall be entered
17onto the bill of sale or a legible copy of the bill of sale, and shall
18also affix on the bill of sale his or her signature as witness to the
19purchase and identification of the purchaser.

20(B) For the purposes of this paragraph, “proper purchaser
21identification” includes a valid driver’s license or other official
22and valid state-issued identification of the purchaser that contains
23a photograph of the purchaser, and includes the residential or
24mailing address of the purchaser, other than a post office box
25number, the motor vehicle license number of the motor vehicle
26used by the purchaser at the time of purchase, a description of how
27the substance is to be used, the Environmental Protection Agency
28certification number or resale tax identification number assigned
29to the individual or business entity for which the individual is
30purchasing any chlorofluorocarbon product, and the signature of
31the purchaser.

32(C) The seller shall retain the original bill of sale containing the
33purchaser identification information for five years in a readily
P3    1presentable manner, and present the bill of sale containing the
2purchaser identification information upon demand by any law
3enforcement officer or authorized representative of the Attorney
4General. Copies of these bills of sale obtained by representatives
5of the Attorney General shall be maintained by the Department of
6Justice for a period of not less than five years.

7(2) (A)  Notwithstanding any other law, in all sales other than
8face-to-face or will-call sales the seller shall maintain for a period
9of five years the following sales information: the name and address
10of the purchaser, date of sale, product description, cost of product,
11method of payment, method of delivery, delivery address, and
12valid identifying information.

13(B) For the purposes of this paragraph, “valid identifying
14information” includes two or more of the following: federal tax
15identification number; resale tax identification number; city or
16county business license number; license issued by the State
17Department of Public Health; registration number issued by the
18federal Drug Enforcement Administration; precursor business
19permit number issued by the Department of Justice; driver’s
20license; or other identification issued by a state.

21(C) The seller shall, upon the request of any law enforcement
22officer or any authorized representative of the Attorney General,
23produce a report or record of sale containing the information in a
24readily presentable manner.

25(D) If a common carrier is used, the seller shall maintain a
26manifest regarding the delivery in a readily presentable manner
27for a period of five years.

28(b) begin deleteAny end deletebegin insertA end insertmanufacturer, wholesaler, retailer, or other person
29or entity in this state that purchases any item listed in subdivision
30(a) of Section 11107.1 shall do the following:

31(1) Provide on the record of purchase information on the source
32of the items purchased, the date of purchase, a description of the
33specific items, the quantities of each item purchased, and the cost
34of the items purchased.

35(2) Retain the record of purchase for three years in a readily
36presentable manner and present the record of purchase upon
37demand to any law enforcement officer or authorized representative
38of the Attorney General.

39(c) (1) A first violation of this section is a misdemeanor.

P4    1(2) begin deleteAny end deletebegin insertA end insertperson who has previously been convicted of a
2violation of this section shall, upon a subsequent conviction thereof,
3be punished by imprisonment in a county jail not exceeding one
4year, by a fine not exceeding one hundred thousand dollars
5($100,000), or both the fine and imprisonment.

6

SEC. 2.  

Section 11107.2 is added to the Health and Safety
7Code
, to read:

8

11107.2.  

It is unlawful for a person to purchase more than 400
9milliliters of butane in a calendar month.

10

SEC. 3.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



O

    99