Bill Emmerson
- Republican
Author
(1) Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the name and address of each person to whom junk is sold or disposed of, and to preserve the written record for at least 2 years after making the final entry of any purchase or sale of junk. Existing law provides that the failure to keep a written record as required is punishable as a misdemeanor. Existing law prohibits a junk dealer or recycler in this state from providing payment for nonferrous metals unless, in addition to the requirement to create and maintain a written record, specified requirements are met, including that the payment for the material be made by cash or check and that, at the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller. Existing law requires the junk dealer or recycler to preserve this information for 2 years after the date of sale. Existing law provides that any person who violates specified provisions of existing law relating to secondhand goods is guilty of a misdemeanor. This bill would prohibit any junk dealer or recycler from possessing a reasonably recognizable, disassembled, or inoperative fire hydrant or fire department connection, including, but not limited to, bronze or brass fittings or parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, that was owned by a public agency, city, county, city and county, special district, or private utility, without a written certification on the letterhead of the entity that owns or previously owned the material that the entity has sold or is offering the material for sale, and that the person possessing the certificate and identified in the certificate is authorized to negotiate the sale of the material. The bill would require a junk dealer or recycler who unknowingly takes possession of prohibited material as part of a load of otherwise nonprohibited materials without written certification to notify the appropriate law enforcement agency, as defined, by the end of the next business day upon discovery of the prohibited material. By imposing this prohibition, the violation of which would be a misdemeanor pursuant to other provisions of existing law, this bill would impose a state-mandated local program. (2) Existing law provides that any person who buys or receives, for purposes of salvage, any part of a fire hydrant or fire department connection, as specified, that has been stolen or obtained in any manner constituting theft or extortion, knowing the property to be stolen or so obtained, is subject to a criminal fine of not more than $3,000. This bill would expand this provision by making that fine applicable to any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who, knowing that the item has been stolen or obtained in any manner constituting theft or extortion, possesses a fire hydrant, or any part thereof, a fire department connection, including brass fittings and parts, a manhole cover or lid, or any part of that cover or lid, or a backflow device and connections to that device, or any part of that device, or who fails to report the possession of prohibited materials in accordance with the provisions above. The bill also would state legislative findings and declarations regarding the necessity for its provisions. By creating new crimes, 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.
Chaptered by Secretary of State. Chapter 656, Statutes of 2012.
Approved by the Governor.
Enrolled and presented to the Governor at 11 a.m.
Read third time. Passed. (Ayes 77. Noes 1. Page 6725.) Ordered to the Senate.
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5097.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended. (Page 6020.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 16. Noes 1.) (August 8).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (July 3). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 0.) (June 19). Re-referred to Com. on PUB. S.
Referred to Coms. on B., P. & C.P. and PUB. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 37. Noes 0. Page 3487.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Set for hearing May 7.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3312.) (April 24). Re-referred to Com. on APPR.
Set for hearing April 24.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Withdrawn from committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3087.) (April 9).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.
Set for hearing April 9.
Referred to Coms. on B., P. & E.D. and RLS.
Read first time.
From printer. May be acted upon on or after March 26.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1387 | HTML |
| 02/24/12 - Introduced | |
| 03/27/12 - Amended Senate | |
| 04/11/12 - Amended Senate | |
| 04/16/12 - Amended Senate | |
| 04/19/12 - Amended Senate | |
| 06/27/12 - Amended Assembly | |
| 08/20/12 - Amended Assembly | |
| 09/10/12 - Enrolled | |
| 09/27/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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