Amended  IN  Senate  April 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1161

Introduced by Senator Stone

February 14, 2018

An act to amend Section 21608.5 of the Business and Professions Code, relating to business. add Title 11.8 (commencing with Section 14190) to Part 4 of the Penal Code, relating to rural crime, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1161, as amended, Stone. Junk dealers and recyclers: payment for nonferrous material. Inland Empire Rural Crime Prevention Program.
Existing law authorizes specified counties to develop the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention Program. Existing law requires the participating counties to form a regional task force to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. Existing law prescribes the percentage of the funds appropriated for the Central Valley Rural Crime Prevention Project that is allocated to each participating county.
This bill would authorize the Counties of Riverside and San Bernardino to create the Inland Empire Rural Crime Prevention Program. The bill would require those counties, if they participate, to form a regional task force. The bill would allocate moneys appropriated to the program by the Legislature equally between the counties for these purposes.
This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires junk dealers and recyclers, as defined, to maintain written records of all sales and purchases made in the course of their business, and makes a violation of the recordkeeping requirements a misdemeanor. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous material, as defined, unless the payment is made by cash or check, the check is mailed or the cash or check is provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller and certain other identifying information, as specified, which is to be retained by the dealer or recycler, as part of the written record of purchases, for a specified period of time. Existing law exempts from the payment by cash or check requirement those sellers of junk or recycling materials who conduct 5 or more separate transactions per month with the junk dealer or recycler, as specified.

This bill, instead, would require payment for the material to be made in the form of a donation to a nonprofit organization, unless the material is delivered by a junk dealer or recycler. The bill, if the material is delivered by a junk dealer or recycler, would require payment for the material to be made by cash or check.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 11.8 (commencing with Section 14190) is added to Part 4 of the Penal Code, to read:

TITLE 11.8. Inland Empire Rural Crime Prevention Program

14190.
 The Legislature encourages the Counties of Riverside and San Bernardino to develop, adopt, and implement an Inland Empire Rural Crime Prevention Program based on the Central Valley Rural Crime Prevention Program established by Title 11.5 (commencing with Section 14170) and the Central Coast Rural Crime Prevention Program established by Title 11.7 (commencing with Section 14180).

14191.
 (a) The Counties of Riverside and San Bernardino may develop within their respective jurisdictions an Inland Empire Rural Crime Prevention Program, which shall be administered by the county district attorney’s office or the county sheriff’s department of each respective county under a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(b) The parties to each agreement shall form a regional task force, known as the Inland Empire Rural Crime Task Force, that includes the respective county office of the county agricultural commissioner, the county district attorney, the county sheriff, and interested property owner groups or associations. The task force shall be an interactive team working together to develop crime prevention, problem solving, and crime control techniques, to encourage timely reporting of crimes, and to evaluate the results of these activities. The task force may operate from a joint facility in order to facilitate investigative coordination. The task force may also consult with experts from the United States Armed Forces, the California Military Department, the Department of Justice, other law enforcement entities, and various other state and private organizations, as deemed necessary to maximize the effectiveness of the program. Media and community support may be solicited to promote the program. Each of the participating counties shall adopt rules and regulations for the implementation and administration of the program.
(1) In order to receive funds for the program, each designated county shall agree to participate in the Inland Empire Rural Crime Task Force and shall appoint a representative to that task force.
(2) The Inland Empire Rural Crime Task Force may develop rural crime prevention programs containing a system for reporting rural crimes that enables the swift recovery of stolen goods and the apprehension of criminal suspects for prosecution. The task force may develop computer software and use communication technology to implement the reporting system, although the task force is not limited to the use of these means to achieve the stated goals.
(3) The Inland Empire Rural Crime Task Force may develop a uniform procedure for participating counties to collect, and each participating county may collect, data on agricultural crimes. The task force may also establish a central database for the collection and maintenance of data on agricultural crimes and designate one participating county to maintain the database. State funds the counties receive to operate the rural crime prevention programs may be used to implement this requirements of this paragraph. This paragraph does not prohibit counties from using their own funds to implement this paragraph’s provisions, however, it is the Legislature’s intent that this paragraph not be construed as creating a state-mandated local program.
(c) The staff for each program may consist of the personnel designated by the district attorney and sheriff for each county in accordance with the joint powers agreement.

14192.
 (a) Funds appropriated to the Inland Empire Rural Crime Task Force shall be allocated by the controller equally between the Counties of Riverside and San Bernardino.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Due to the thousands of dollars daily that are lost to rural agricultural communities in the Inland Empire through theft, it is necessary for this act to take effect immediately.
SECTION 1.Section 21608.5 of the Business and Professions Code is amended to read:
21608.5.

(a)A junk dealer or recycler in this state shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Sections 21605 and 21606, all of the following requirements are met:

(1)The payment for the material is made in the form of a donation to a nonprofit organization, unless the material is delivered by seller who is a junk dealer or recycler, in which case the payment for the material shall be made by cash or check. The check may be mailed to the seller at the address provided pursuant to paragraph (3) or the cash or check may be collected by the seller from the junk dealer or recycler on or after the third business day after the date of sale.

(2)At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.

(3)(A)Except as provided in subparagraph (B), the junk dealer or recycler obtains a copy of the valid driver’s license of the seller containing a photograph and an address of the seller, a copy of a state or federal government-issued identification card containing a photograph and an address of the seller, a passport from any other country in addition to another item of identification bearing an address of the seller, or a Matricula Consular in addition to another item of identification bearing an address of the seller.

(B)If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver’s license or identification card described in subparagraph (A), and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this paragraph, “alternative address” means an address that is different from the address appearing on the seller’s driver’s license or identification card.

(4)The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.

(5)The junk dealer or recycler shall preserve the information obtained pursuant to this subdivision for a period of two years after the date of sale.

(6)(A)The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.

(B)Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.

(b)Paragraph (1) of subdivision (a) shall not apply if, during any three-month period commencing on or after the effective date of this section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for paragraph (1) of subdivision (a) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.

(c)This section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:

(1)The name, physical business address, and business telephone number of the seller’s business.

(2)The business license number or tax identification number of the seller’s business.

(3)A copy of the valid driver’s license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.

(d)(1)This section shall not apply to the purchase of nonferrous material having a value of not more than twenty dollars ($20) in a single transaction, when the majority of the transaction is for the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act, as set forth in Division 12.1 (commencing with Section 14500) of the Public Resources Code.

(2)Materials made of copper or copper alloys shall not be purchased under this subdivision.

(e)This section shall not apply to coin dealers or to automobile dismantlers, as defined in Section 220 of the Vehicle Code.

(f)For the purposes of this section, “nonferrous material” means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Section 14505 of the Public Resources Code, that are subject to a redemption payment pursuant to Section 14560 of the Public Resources Code.

(g)This section is intended to occupy the entire field of law related to junk dealer or recycler transactions involving nonferrous material. However, a city or county ordinance, or a city and county ordinance, relating to the subject matter of this section is not in conflict with this section if the ordinance is passed by a two-thirds vote and it can be demonstrated by clear and convincing evidence that the ordinance is both necessary and addresses a unique problem within and specific to the jurisdiction of the ordinance that cannot effectively be addressed under this section.