BILL ANALYSIS Ó
AB 1583
Page 1
ASSEMBLY THIRD READING
AB 1583 (Roger Hernández)
As Amended April 9, 2012
Majority vote
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Prohibit junk dealers and recyclers from purchasing or
receiving bulk merchandise pallets, as defined, marked with an
indicia of ownership, as defined, from anyone except the
indicated owner, unless specified information is provided.
Specifically, this bill :
1)Prohibits junk dealers or recyclers from purchasing or
receiving bulk merchandise pallets marked with an indicia of
ownership from any person or entity other than the indicated
owner.
2)Authorizes a junk dealer or recycler to purchase or receive
bulk merchandise pallets if the seller is not the indicated
owner, only if the seller or transferor provides a receipt
verifying his or her current ownership or a document
indicating that he or she is authorized by the owner to sell
or transfer the merchandise pallets, as specified, and
requires the junk dealer or recycler to maintain copies of
these documents as part of the written record of the
transaction.
3)Requires a junk dealer or recycler to make payment for a
single transaction involving five or more bulk merchandise
pallets marked with indicia of ownership by mailed check or by
cash or check collected by the seller after three business
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days, as specified.
4)Makes the obliteration of the indicia of ownership on a
merchandise pallet punishable under provisions of law guarding
against grand and petty theft, as specified.
5)Requires a person or entity purchasing or transporting plastic
bulk merchandise containers who is in the business of
recycling, shredding, or destruction of plastic bulk
merchandise containers, or is in the business of transporting
plastic bulk merchandise containers for those purposes, to
obtain a proof of ownership record or bill of lading and other
identifying information from the person selling or delivering
five or more containers, and to retain this information, as
specified.
6)Defines the following terms:
a) "Indicia of ownership" to mean words, symbols, or
registered trademarks printed, stamped, etched, attached,
or otherwise displayed on the exterior surface of the
merchandise pallet that reasonably identifies the owner;
and,
b) "Bulk merchandise pallets" to mean plastic or wood
containers, carriers, or holders used by a manufacturer or
distributor for bulk transport of merchandise to wholesale
or retail outlets.
7)Makes technical and conforming changes.
EXISTING LAW :
1)Authorizes junk dealers and recyclers, as defined, to sell and
purchase junk, which includes secondhand and used furniture,
pallets, or other personal property, as specified.
2)Requires junk dealers and recyclers to maintain written
records of specified information, and makes a violation of the
recordkeeping requirements a misdemeanor.
3)Defines a merchandise pallet as a wooden or plastic carrier or
container of specified size, used by a manufacturer or
distributor to transport merchandise to retail outlets, which
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has a notice permanently affixed to it identifying the owner
of the pallet and providing other specified information.
4)Prohibits and makes it a crime for an unauthorized person, as
defined, to possess a merchandise pallet or for a person other
than its owner to obliterate the identification notice on a
pallet.
5)Requires any person or entity purchasing plastic bulk
merchandise containers who is in the business of recycling,
shredding, or destruction of plastic bulk merchandise
containers, as defined, to obtain a proof of ownership record
and other identifying information from a person selling five
or more containers, and to retain the required record for a
specified time. A violation of these provisions is a
misdemeanor.
FISCAL EFFECT : According to Assembly Appropriations Committee,
negligible, non-reimbursable costs for prosecution and/or
incarceration, offset by fine revenue, for misdemeanor
violations of provisions associated with obliterating the
indicia of ownership on a merchandise pallet.
COMMENTS : According to the author, "Theft of merchandise
pallets is becoming a serious problem for food and beverage
manufacturers and distributors. Higher scrap values paid
recyclers of the resins typically used in pallets is a major
factor in these thefts.
"AB 1583 will ensure businesses in California stop losing their
property, it applies to all merchandise pallets, not only to
plastic ones used for milk, eggs, and beverages; making sure
people do not make a profit out of stolen wood and plastic
pallets."
This bill prohibits junk dealers and recyclers from purchasing
or receiving bulk merchandise pallets, as defined, marked with
an indicia of ownership, as defined, from anyone except the
indicated owner, unless the seller or transporter provides proof
of ownership.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301 FN:
AB 1583
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0003583