BILL NUMBER: AB 1508	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2012
	AMENDED IN ASSEMBLY  FEBRUARY 28, 2012

INTRODUCED BY   Assembly Member Carter

                        JANUARY 12, 2012

   An act to amend Section 21608.5 of the Business and Professions
Code, relating to  junk dealers and recyclers  
business  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1508, as amended, Carter. Junk dealers and recyclers:
nonferrous materials.
   Existing law requires junk dealers and recyclers, as defined, to
keep written records of all sales and purchases made in the course of
their business  , and makes a violation of the recordkeeping
requirements a crime  . Existing law prohibits a junk
dealer or recycler from providing payment for nonferrous materials,
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 a specified period of time. Existing law exempts from
the payment by cash or check requirement, among others, the
redemption of nonferrous materials of a certain value  in
connection with   when the primary purpose of the
transaction is  the redemption of beverage containers, as
specified.  Existing law also exempts from the cash or check
requirement those sellers of junk or recycling materials who conduct
5 or more separate transactions per month with the junk dealer or
recycler, as specified. 
   This bill would  eliminate these exemptions  
modify that exemption to apply when the majority of the transaction
is for the redemption of beverage containers, as specified  .
 Because the bill would expand the definition of a crime by
increasing the recordkeeping duties of junk dealers and recyclers,
the bill 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
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21608.5 of the Business and Professions Code 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.  
   (b) 
    (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 majority of the transaction is for 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.  
   (c) 
    (e)  This section shall not apply to coin dealers or to
automobile dismantlers, as defined in Section 220 of the Vehicle
Code. 
   (d) 
    (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.

   (e) 
    (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. 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.