BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 85
                                                                  Page  1

          Date of Hearing:   April 21, 2009

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                 Mary Hayashi, Chair
                 AB 85 (Tom Berryhill) - As Amended:  April 14, 2009
           
          SUBJECT  :   Junk dealers and recyclers.

           SUMMARY  :   Corrects technical errors in laws related to junk  
          dealers and recyclers.  Specifically,  this bill  :  

          1)Deletes obsolete provisions of law.

          2)Clarifies that a seller may collect a junk dealer or  
            recycler's check on or after the third business day after the  
            date of sale, rather than on the third business day. 

          3)Corrects an erroneous cross reference to clarify that a junk  
            dealer or recycler's record of a seller's thumbprint may only  
            be released pursuant to a valid search warrant. 

           EXISTING LAW:

           1)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 three 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 two years. 

          2)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.

           FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal.

           COMMENTS  :   

           Purpose of the bill  .  According to the author's office, "AB 85  
          will fix technical errors in AB 844.  Current cross references  
          contradict the intent of the legislature regarding the release  








                                                                  AB 85
                                                                  Page  2

          of the required thumbprint, as well as clarifying the payment  
          release timeframe."

           Prior legislation  .  AB 844 (Berryhill) Chapter 731, Statutes of  
          2008 requires junk dealers and recyclers to comply with  
          additional recordkeeping requirements and new payment  
          restrictions when purchasing nonferrous materials.

           Double referred  .  This bill is double-referred to the Assembly  
          Judiciary Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file. 

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Whitney Clark / B. & P. / (916)  
          319-3301