BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 85|
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THIRD READING
Bill No: AB 85
Author: Tom Berryhill (R)
Amended: 6/26/09 in Senate
Vote: 21
SEN. BUSINESS, PROF. & ECON. DEV. COMMITTEE : 10-0, 6/22/09
AYES: Negrete McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
ASSEMBLY FLOOR : 77-0, 5/18/09 - See last page for vote
SUBJECT : Junk dealers and recyclers
SOURCE : California Farm Bureau
DIGEST : This bill corrects technical errors in the
existing laws related to junk dealers and recyclers.
ANALYSIS :
Existing Law
1.Regulates junk dealers and recyclers and defines junk as
secondhand and used machinery and all ferrous (containing
iron) and nonferrous (excludes iron) scrap metals (as
defined) and alloys, including any and all secondhand and
used furniture, pallets, or other personal property,
excluding livestock. (Business and Professions Code
Section 21600.)
CONTINUED
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2.Requires junk dealers and recyclers to allow for periodic
inspection of their premises or junk, to determine
compliance with recordkeeping requirements, and requires
junk dealers and recyclers to produce their records of
sales and purchasers and any property purchased, for
inspection by any of the following:
A. An officer holding a search warrant.
B. A person appointed by the county sheriff or head
of the police department.
C. An officer with a court order to inspect the
records or property. (Business and Professions Code
Section 21606.5.)
3.Prohibits junk dealers and recyclers from providing
payment for nonferrous material, as defined, unless
payment is made by cash or check, and the payment is
mailed or provided on the third business day after the
date of sale. (Business and Professions Code Section
21608.5(a)(1).)
4.Provides that inspections or seizures of thumbprints
shall only be performed by a peace officer under a
criminal search warrant, where probable cause for the
warrant was based on a theft related to the sale for
which the thumbprint was collected. (Business and
Professions Code Section 21608.5(a)(6)(B).)
5.Provides an exception to the requirement that junk
dealers and recyclers produce their records for
inspection on demand, indicating a cross-reference to
Section 21608.5(a)(3)(A), which refers to the junk dealer
or recycler's obligation to obtain a copy of the seller's
valid driver's license. (Business and Professions Code
Section 21605.5.)
This bill:
1.Clarifies that an individual who sells nonferrous
material to a junk dealer or recycler may collect payment
for those materials either on or after the third business
day after the date of sale.
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2.Clarifies that inspection of the seller's thumbprint,
which junk dealers and recyclers are required to collect
upon making a purchase, may only be performed by a peace
officer in response to a criminal search warrant, where
probable cause for the warrant is based on a theft
involving the transaction for which the thumbprint was
given.
3.Repeals duplicative provisions of law and makes technical
corrections.
Prior Legislation
SB 691 (Calderon), Chapter 730, Statutes of 2008, and SB
844 (Berryhill), Chapter 731, Statutes of 2008, are
identical provisions which require junk dealers and
recyclers to comply with additional recordkeeping and
identification procedures and new payment restrictions when
purchasing nonferrous materials, as defined. These bills
were enacted in response to the massive increase of metal
theft in California in recent years. This bill essentially
mirrors those provisions, and likewise requires:
1.Additional identification for sellers and a disclosure of
where materials came from.
2.Risk of fines or convictions for recyclers caught
violating this law.
3.Check-only transactions with a three-day wait for
non-business sellers.
SB 447 (Maldonado), Chapter 732, Statutes of 2008, requires
a junk dealer or recycler to report information about each
sale or purchase of junk to the chief of police of the city
or the sheriff of the county in which the junk dealer or
recycler purchased the junk, in the same manner as required
by a secondhand dealer or coin dealer, as specified.
AB 1778 (Ma), Chapter 733, Statutes of 2008, prohibits a
junk dealer or recycler from providing payment for
newspaper valued at $50 or more or California redemption
value (CRV) containers valued at $100 or more unless
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certain requirements are met including payment by check or
electronic transfer, and copies of the seller's
identification, which must be retained for two years.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/26/09)
California Farm Bureau (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Eng, Price, Saldana
JJA:cm 6/26/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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