Bill Text: CA AB772 | 2015-2016 | Regular Session | Introduced
Bill Title: Controlled substances: butane.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB772 Detail]
Download: California-2015-AB772-Introduced.html
BILL NUMBER: AB 772 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Baker
FEBRUARY 25, 2015
An act to amend Section 11107.1 of, and to add Section 11107.2 to,
the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 772, as introduced, Baker. Controlled substances: butane.
Existing law requires a person or entity that sells any quantity
of specified substances to record the date of sale, product
description, purchaser's identification, and other specified
information. Existing law requires the seller to retain this
information for a period of 5 years and to present it upon demand by
any law enforcement officer or authorized representative of the
Attorney General. Existing law requires a person or entity that
purchases any quantity of these specified substances to record the
date of purchase, product description, and other specified
information for a period of 3 years and to present it upon demand by
any law enforcement officer or authorized representative of the
Attorney General. A violation of these provisions is a crime.
This bill would add butane to the list of specified substances for
which these requirements apply. The bill would also prohibit any
person from purchasing more than 400 milliliters of butane in a
calendar month. Because the bill would create a new crime, it 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 11107.1 of the Health and Safety Code is
amended to read:
11107.1. (a) Any A manufacturer,
wholesaler, retailer, or other person or entity in this state that
sells to any person or entity in this state or any other state any
quantity of butane, sodium cyanide, potassium cyanide,
cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride,
sodium metal, lead acetate, palladium black, hydrogen chloride gas,
trichlorofluoromethane (fluorotrichloromethane),
dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane
(trichlorotrifluoroethane), sodium acetate, or acetic anhydride shall
do the following:
(1) (A) Notwithstanding any other provision of
law, in any a face-to-face or will-call
sale, the seller shall prepare a bill of sale which
that identifies the date of sale, cost of sale,
method of payment, the specific items and quantities purchased and
the proper purchaser identification information, all of which shall
be entered onto the bill of sale or a legible copy of the bill of
sale, and shall also affix on the bill of sale his or her signature
as witness to the purchase and identification of the purchaser.
(B) For the purposes of this paragraph, "proper purchaser
identification" includes a valid driver's license or other official
and valid state-issued identification of the purchaser that contains
a photograph of the purchaser, and includes the residential or
mailing address of the purchaser, other than a post office box
number, the motor vehicle license number of the motor vehicle used by
the purchaser at the time of purchase, a description of how the
substance is to be used, the Environmental Protection Agency
certification number or resale tax identification number assigned to
the individual or business entity for which the individual is
purchasing any chlorofluorocarbon product, and the signature of the
purchaser.
(C) The seller shall retain the original bill of sale containing
the purchaser identification information for five years in a readily
presentable manner, and present the bill of sale containing the
purchaser identification information upon demand by any law
enforcement officer or authorized representative of the Attorney
General. Copies of these bills of sale obtained by representatives of
the Attorney General shall be maintained by the Department of
Justice for a period of not less than five years.
(2) (A) Notwithstanding any other law, in all sales other than
face-to-face or will-call sales the seller shall maintain for a
period of five years the following sales information: the name and
address of the purchaser, date of sale, product description, cost of
product, method of payment, method of delivery, delivery address, and
valid identifying information.
(B) For the purposes of this paragraph, "valid identifying
information" includes two or more of the following: federal tax
identification number; resale tax identification number; city or
county business license number; license issued by the State
Department of Public Health; registration number issued by the
federal Drug Enforcement Administration; precursor business permit
number issued by the Department of Justice; driver's license; or
other identification issued by a state.
(C) The seller shall, upon the request of any law enforcement
officer or any authorized representative of the Attorney General,
produce a report or record of sale containing the information in a
readily presentable manner.
(D) If a common carrier is used, the seller shall maintain a
manifest regarding the delivery in a readily presentable manner for a
period of five years.
(b) Any A manufacturer,
wholesaler, retailer, or other person or entity in this state that
purchases any item listed in subdivision (a) of Section 11107.1 shall
do the following:
(1) Provide on the record of purchase information on the source of
the items purchased, the date of purchase, a description of the
specific items, the quantities of each item purchased, and the cost
of the items purchased.
(2) Retain the record of purchase for three years in a readily
presentable manner and present the record of purchase upon demand to
any law enforcement officer or authorized representative of the
Attorney General.
(c) (1) A first violation of this section is a misdemeanor.
(2) Any A person who has
previously been convicted of a violation of this section shall, upon
a subsequent conviction thereof, be punished by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
hundred thousand dollars ($100,000), or both the fine and
imprisonment.
SEC. 2. Section 11107.2 is added to the Health and Safety Code, to
read:
11107.2. It is unlawful for a person to purchase more than 400
milliliters of butane in a calendar month.
SEC. 3. 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.
