Bill Text: CA AB1583 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Bulk merchandise pallets.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-13 - Chaptered by Secretary of State - Chapter 300, Statutes of 2012. [AB1583 Detail]

Download: California-2011-AB1583-Introduced.html

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BILL NUMBER: AB 1583	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 2, 2012

   An act to add Section 21609.7 to the Business and Professions
Code, relating to junk dealers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1583, as introduced, Roger Hernández. Junk dealers: indicia of
ownership: merchandise pallets.
   Existing law 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.
Existing law requires junk dealers and recyclers to maintain written
records of specified information, and makes a violation of the
recordkeeping requirements a misdemeanor.
   This bill would prohibit junk dealers and recyclers from
purchasing or receiving merchandise pallets, as defined, marked with
an indicia of ownership, as defined, from anyone except the indicated
owner, unless specified information is provided to the junk dealer
or recycler, and would require the junk dealer or recycler to
maintain a written record of that information.
   Because this bill would expand the scope of a crime by expanding
the recordkeeping requirements for 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.
State-mandated local program: yes.


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

  SECTION 1.  Section 21609.7 is added to the Business and
Professions Code, to read:
   21609.7.  (a) Except as provided in subdivision (b), no junk
dealer or recycler may purchase or receive merchandise pallets marked
with an indicia of ownership from any person or entity other than
the indicated owner. For purposes of this section, "indicia of
ownership" means 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.
   (b) If the seller is not the indicated owner, a junk dealer or
recycler may purchase or receive merchandise pallets only if the
seller or transferor provides a receipt from the indicated owner
verifying the seller's current ownership or a document indicating
that the seller or transferor is authorized by the indicated owner to
sell or transfer the merchandise pallets. Copies of these documents
shall be maintained by the junk dealer or recycler as part of the
written record of the transaction.
   (c) For purposes of this section, "merchandise pallets" means
plastic or wood containers, carriers, or holders used by a
manufacturer or distributor for bulk transport of merchandise to
wholesale or retail outlets.
  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.