BILL NUMBER: AB 85 CHAPTERED
BILL TEXT
CHAPTER 78
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 9, 2009
PASSED THE ASSEMBLY JULY 13, 2009
AMENDED IN SENATE JUNE 26, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Tom Berryhill
JANUARY 5, 2009
An act to amend Section 21606.5 of, to repeal Section 21608.3 of,
and to repeal and amend Section 21608.5 of, the Business and
Professions Code, relating to junk dealers and recyclers.
LEGISLATIVE COUNSEL'S DIGEST
AB 85, Tom Berryhill. Junk dealers and recyclers.
Existing law prohibits a junk dealer or 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 the
dealer or recycler obtains a photograph or video of the seller and
certain other identifying information, as specified, which
information is to be retained by the dealer or recycler for 2 years.
Existing law requires a junk dealer or recycler to allow for periodic
inspection of any premises maintained for purposes of determining
compliance with the recordkeeping requirements, and, upon inspection,
to produce his or her sales and purchase records.
This bill would correct erroneous cross-references in the record
production provisions and in other related provisions, and would
delete duplicate provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21606.5 of the Business and Professions Code is
amended to read:
21606.5. Every junk dealer or recycler shall, during normal
business hours, allow periodic inspection of any premises maintained
and any junk thereon for the purpose of determining compliance with
the recordkeeping requirements of this article, and shall during
those hours produce his or her records of sales and purchases, except
as provided in subparagraph (B) of paragraph (6) of subdivision (a)
of Section 21608.5, and all property purchased incident to those
transactions which is in the possession of the junk dealer or
recycler for inspection by any of the following persons:
(a) An officer holding a warrant authorizing him or her to search
for personal property.
(b) A person appointed by the sheriff of a county or appointed by
the head of the police department of a city.
(c) An officer holding a court order directing him or her to
examine the records or property.
(d) The amendments to this section made by the act adding this
subdivision shall become operative on December 1, 2008.
SEC. 2. Section 21608.3 of the Business and Professions Code, as
added by Section 4 of Chapter 731 of the Statutes of 2008, is
repealed.
SEC. 3. Section 21608.5 of the Business and Professions Code, as
added by Section 5 of Chapter 730 of the Statutes of 2008, is
repealed.
SEC. 4. Section 21608.5 of the Business and Professions Code, as
added by Section 5 of Chapter 731 of the Statutes of 2008, 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 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 or a copy of a
state or federal government-issued identification card containing a
photograph and 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) 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, when the primary purpose of the transaction is
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.
(e) This section shall not apply to coin dealers or to automobile
dismantlers, as defined in Section 220 of the Vehicle Code.
(f) 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) 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.
(h) This section shall become operative on December 1, 2008.