- District 52
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 prohibits junk dealers and recyclers from purchasing or receiving bulk merchandise pallets marked with an indicia of ownership from anyone except the indicated owner, unless specified information is provided to the junk dealer or recycler, and requires the junk dealer or recycler to maintain a written record of that information. Existing law makes a violation of these recordkeeping requirements a misdemeanor. This bill would revise the above provisions on bulk merchandise pallets to apply only to the purchase of bulk merchandise pallets marked with an indicia of ownership and would delete the provisions on receiving the bulk merchandise pallets, as described above. The bill would provide that those provisions do not prohibit a junk dealer or recycler from acquiring good faith possession of merchandise pallets based on the representations of the seller that the indicated owner cannot be located or has failed to retrieve the merchandise pallets on a timely basis. The bill would require a junk dealer or recycler who acquires good faith possession of merchandise pallets, if the indicated owner can be located, to give notice of good faith possession to the owner of those pallets. If, within 35 calendar days after the junk dealer or recycler notifies the indicated owner of having acquired good faith possession, the indicated owner demands a return of the pallets, the bill would permit a junk dealer or recycler to require payment of reasonable storage fees. The bill would provide that after 35 calendar days from when the junk dealer or recycler provides notice of good faith possession to the indicated owner, the owner is deemed to have relinquished possession of the merchandise pallets, and would permit the junk dealer or recycler to either sell the pallets or charge reasonable storage fees if the indicated owner demands a return and the pallets are still in the possession of the junk dealer or recycler. This bill would require the seller to retain a copy of the notice of good faith possession for at least 2 years, and would require the notice to contain specified information, including the name and contact information of the junk dealer or recycler that acquired good faith possession of the merchandise pallets. The bill would require the notice of good faith possession to be sent by mail or email to the indicated owner at their physical or email address, if known. By expanding the scope of a crime regarding the recordkeeping requirements of 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.
Chaptered by Secretary of State - Chapter 521, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly Rule 77(a) suspended.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.).
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 4976.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 11).
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (June 6).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 4612.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (May 3).
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
From printer. May be heard in committee March 5.
Read first time. To print.
|Bill Text Versions||Format|
|02/02/22 - Introduced|
|04/06/22 - Amended Assembly|
|06/08/22 - Amended Senate|
|08/26/22 - Enrolled|
|09/25/22 - Chaptered|
|05/01/22- Assembly Privacy and Consumer Protection|
|05/04/22- ASSEMBLY FLOOR ANALYSIS|
|06/02/22- Senate Business, Professions and Economic Development|
|06/08/22- Sen. Floor Analyses|
|06/17/22- Senate Appropriations|
|08/13/22- Sen. Floor Analyses|
|08/23/22- ASSEMBLY FLOOR ANALYSIS|
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