BILL ANALYSIS �
AB 2298
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2298 (Ma) - As Amended: March 29, 2012
SUBJECT : Junk dealers and recyclers.
SUMMARY : Authorizes an appointee by the head of a county
agriculture commission to inspect written records of sales and
purchases by junk dealers or recyclers.
EXISTING LAW :
1)Requires junk dealers and recyclers, as defined, to keep
written records of all sales and purchases made in the course
of their business.
2)Requires a junk dealer or recycler to allow for periodic
inspection by persons authorized by the county sheriff or the
head of a city police department, of any premises maintained
for purposes of determining compliance with the recordkeeping
requirements, and, upon inspection, requires the junk dealer
or recycler to produce sales and purchase records.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author, "California
farmers are seeing sharp increases in the rate of metal theft.
Thieves strip copper wires and pipes from farm equipment. The
cost of replacing copper wire on an irrigation pump ranges from
$1,500 to $4,000. When the irrigation pump is damaged in the
theft the repair costs can reach tens of thousands of dollars.
Yet this cost only covers repair of the pump, not the cost of
potential crop damage caused by lack of irrigation while the
pump was unusable.
"In 2008, the California Farm Bureau Federation and the
California State Sheriffs' Association co-sponsored legislation
to address the high rates of metal theft in California. The
2008 legislation (AB 844) significantly improved the record
keeping requirements for junk dealers and recyclers and changed
AB 2298
Page 2
the way most payments were made for scrap metal. However, the
new law has not been enough to stop the dramatic increase in
metal theft.
"The primary purpose of the agricultural commission is to
protect the agricultural industry, environment, and the public
health, safety and welfare in California. Agriculture
commissions are also tasked as keepers of weights and measures,
inspecting items such as junk dealers and recyclers scales,
gasoline dispensers, propane/butane meters, farm milk tanks,
livestock scales, concrete batch plant scales, truck scales,
etc.. As more and more metal is stolen in public places,
particularly acute in rural and agricultural areas, it has
become important to allow a person appointed by the head of an
agricultural commission to inspect junk dealers and recyclers to
ensure they are complying with existing law."
Background . AB 844 (Berryhill), Chapter 731, Statutes of 2008,
required junk dealers and recyclers to comply with additional
recordkeeping requirements and new payment restrictions when
purchasing nonferrous materials. Junk dealers were now
prohibited from providing payment for nonferrous materials
unless he or she obtained a copy of the seller's driver's
license, a photo or video of the material being purchased, and a
thumbprint of the seller. This information was to be kept on
file by the junk dealer or recycler and made available for
review by local law enforcement upon request, as specified.
This bill authorizes county agriculture commissions to inspect
written records of sales and purchases by junk dealers or
recyclers.
Previous 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 (i.e., copper,
copper alloys, stainless steel, and aluminum, excluding beverage
containers).
SB 691 (Calderon), Chapter 730, Statutes of 2008, requires junk
dealers and recyclers to comply with additional recordkeeping
requirements and new payment restrictions when purchasing
nonferrous materials (i.e., copper, copper alloys, stainless
steel, and aluminum, excluding beverage containers).
AB 2298
Page 3
REGISTERED SUPPORT / OPPOSITION :
Support
California Farm Bureau Federation (sponsor)
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301