Bill Text: CA SB179 | 2015-2016 | Regular Session | Introduced
Bill Title: Secondhand goods: junk dealers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB179 Detail]
Download: California-2015-SB179-Introduced.html
BILL NUMBER: SB 179 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Berryhill
FEBRUARY 9, 2015
An act to amend Section 21609.1 of the Business and Professions
Code, relating to secondhand goods.
LEGISLATIVE COUNSEL'S DIGEST
SB 179, as introduced, Berryhill. Secondhand goods: junk dealers.
Existing law prohibits a junk dealer or recycler from possessing a
reasonably recognizable, disassembled, or inoperative fire hydrant
or fire department connection, a manhole cover or lid, or a backflow
device, as described, that was owned by an agency, without a written
certification on the agency's letterhead that the agency either has
sold the material described or is offering the material for sale, as
specified. Under existing law, a junk dealer or recycler who
unknowingly takes possession of one or more of the specified items as
part of a load of otherwise nonprohibited materials without a
written certification has a duty to notify the appropriate law
enforcement agency by the end of the next business day upon discovery
of the prohibited material, as provided.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21609.1 of the Business and Professions Code is
amended to read:
21609.1. (a) No A junk dealer or
recycler shall not possess any reasonably recognizable,
disassembled, or inoperative fire hydrant or fire department
connection, including, but not limited to, reasonably recognizable
brass fittings and parts, or any manhole cover or lid or reasonably
recognizable part of a manhole cover or lid, or any backflow device
or connection to that device or reasonably recognizable part of that
device, that was owned or previously owned by an agency, in the
absence of a written certification on the letterhead of the agency
owning or previously owning the material described in the
certification that the agency has either sold the material described
or is offering the material for sale, salvage, or recycling, and that
the person possessing the certification and identified in the
certification is authorized to negotiate the sale of that material.
(b) A junk dealer or recycler who unknowingly takes possession of
one or more of the items listed in subdivision (a) as part of a load
of otherwise nonprohibited materials without a written certification
has a duty to notify the appropriate law enforcement agency by the
end of the next business day upon discovery of the prohibited
material. Written certification shall relieve the junk dealer or
recycler from any civil or criminal penalty for possession of the
prohibited material. The prohibited material shall be set aside and
not sold pending a determination made by a law enforcement agency
pursuant to Section 21609.
(c) For purposes of this section, the following definitions apply:
(1) "Agency" means a public agency, city, county, city and county,
special district, or private utility regulated by the Public
Utilities Commission.
(2) "Appropriate law enforcement agency" means either of the
following:
(A) The police chief of the city, or his or her designee, if the
item or items listed in subdivision (a) are located within the
territorial limits of an incorporated city.
(B) The sheriff of the county or his or her designee if the item
or items listed are located within the county but outside the
territorial limits of an incorporated city.
(3) "Written certification" means a certification in written form
by the junk dealer or recycler to a law enforcement agency, including
electronic mail, facsimile, or a letter delivered in person or by
certified mail.
