SB 179, as introduced, Berryhill. Secondhand goods: junk dealers.
Existing law prohibits a junk dealer or recycler from possessing a reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, a manhole cover or lid, or a backflow device, as described, that was owned by an agency, without a written certification on the agency’s letterhead that the agency either has sold the material described or is offering the material for sale, as specified. Under existing law, a junk dealer or recycler who unknowingly takes possession of one or more of the specified items as part of a load of otherwise nonprohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day upon discovery of the prohibited material, as provided.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21609.1 of the Business and Professions
2Code is amended to read:
(a) begin deleteNo end deletebegin insertA end insertjunk dealer or recycler shallbegin insert notend insert possess
4any reasonably recognizable, disassembled, or inoperative fire
P2 1hydrant or fire department connection, including, but not limited
2to, reasonably recognizable brass fittings and parts, or any manhole
3cover or lid or reasonably recognizable part of a manhole cover
4or lid, or any backflow device or connection to that device or
5reasonably recognizable part of that device, that was owned or
6previously owned by an agency, in the absence of a written
7certification on the letterhead of the
agency owning or previously
8owning the material described in the certification that the agency
9has either sold the material described or is offering the material
10for sale, salvage, or recycling, and that the person possessing the
11certification and identified in the certification is authorized to
12negotiate the sale of that material.
13(b) A junk dealer or recycler who unknowingly takes possession
14of one or more of the items listed in subdivision (a) as part of a
15load of otherwise nonprohibited materials without a written
16certification has a duty to notify the appropriate law enforcement
17agency by the end of the next business day upon discovery of the
18prohibited material. Written certification shall relieve the junk
19dealer or recycler from any civil or criminal penalty for possession
20of the prohibited material. The prohibited material shall be set
21aside and not sold pending a determination made by a law
22enforcement agency pursuant to Section
21609.
23(c) For purposes of this section, the following definitions apply:
24(1) “Agency” means a public agency, city, county, city and
25county, special district, or private utility regulated by the Public
26Utilities Commission.
27(2) “Appropriate law enforcement agency” means either of the
28following:
29(A) The police chief of the city, or his or her designee, if the
30item or items listed in subdivision (a) are located within the
31territorial limits of an incorporated city.
32(B) The sheriff of the county or his or her designee if the item
33or items listed are located within the county but outside the
34territorial limits of an incorporated city.
35(3) “Written certification” means a certification in written form
36by the junk dealer or recycler to a law enforcement agency,
37including electronic mail, facsimile, or a letter delivered in person
38or by certified mail.
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