HomeMy WebLinkAboutMINUTES - 08011989 - 1.36 1-036
TO: BOARD OF SUPERVISORS �`'S Contra
,.4
FROM: Phil Batchelor, County Administrator
,s Costa
DATE: July 24, 1989 °;. -----iUR Count y
SUBJECT: LEGISLATION: SB 1475 (Rogers)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECODMENDAT I ON:
Adopt a position of SUPPORT for SB 1475 by Senator Rogers which would
further regulate junk dealers and recyclers .
BACKGROUND:
SB 1475 makes legislative findings regarding the alarming increase in the
theft and resale of personal property made from aluminum, such as
irrigation pipe, sprinkler heads, highway signs and highway guard rails .
This places a financial burden on both private individuals and the public
sector to replace the theft of these items, in the case of the public
sector, particularly highway signs and guard rails .
SB 1475 notes that while junk dealers are required to obtain certain
information when they acquire these items, aluminum recyclers are not
required to obtain the same information.
SB 1475 excludes from the definition of "scrap metals and alloys" scrap
iron, household generated waste or aluminum beverage containers . The bill
goes on to require that every junk dealer and every recycler keep a written
record of all sales and purchases made in the course of business . These
records must include:
1 . The place and date of each sale or purchase of junk made in the
conduct of business as a junk dealer or recycler.
2 . The name, driver' s license number or ID card number and vehicle
license number and state of issuance of any vehicle used to
transport junk to a junk dealer' s or recycler ' s place of
business . //vJ
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
yXRECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
,_2LAPPROVE —_OTHER
SIGNATURE(S): Lil/%(1C a / &Z
ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT_ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED AUG 1 1989
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS
7AND
DCCOUNTY ADMINISTRATOR
M382 (10/88) BY ✓ 40iT/[�Ni"v ,DEPUTY
l, 3`. The name and address of each person to whom junk is sold or
disposed of and the license number of any vehicle used to
transport junk from the junk dealer' s or recycler ' s place of
business .
4 . A description of the item or items of junk purchased or sold,
including the type of item and quantity, and identification
number, if visible.
5 . A statement indicating either that the seller of the junk is the
owner of the junk or the name of the person the junk was obtained
from, as shown on a signed transfer document .
SB 1475 also requires every junk dealer or recycler to allow periodic
inspection of the premises and any junk maintained thereon for the purpose
of determining compliance with the record keeping requirements set forth
above. The requires records can be required to be produced for review by:
* Any officer holding a warrant authorizing him or her to search
for personal property.
* Anyone appointed by the Sheriff or a police chief.
* Any officer holding a court order directing him or her to examine
the records or property.
Records are required to be kept for at least two years after making the
final entry of any purchase or sale of junk.
SB 1475 provides for misdemeanor penalties for violation of the record
keeping, access or retention requirements . For a first serious offense the
dealer or recycler could be punished by a fine of not less than $500 or 30
days in jail or both. For a second serious offense, by a fine of not less
than $1000 or 30 days in jail or both. The court could also require that
the dealer cease operating as a junk dealer or recycler for 30 days . For a
third or subsequent serious offense, by a fine of not less than $2000 or
six months in jail or both. In addition, the Court would be required to
order the individual to cease operating as a junk dealer or recycler for 30
days .
SB 1475 also authorizes a police officer, in lieu of seizing property
which the officer has probable cause to believe is stolen, to place a hold
on the property for not more than 90 days . During this time the junk
dealer or recycler could not dispose of the property and would have to make
the property available upon reasonable notice by a police officer. The
bill also provides procedures for releasing the hold on property which has
been reported stolen or when the hold is no longer required.
Senator Rogers has written to the Board of Supervisors requesting that the
Board support SB 1475 . The Sheriff-Coroner supports SB 1475 . It is
therefore, recommended that the Board of Supervisors support SB 1475 and
indicate that support to Senator Rogers .
SB 1475 passed the Senate June 8, 1989 by a vote of 36 : 0 and is now on
referral to the Assembly Public Safety Committee.
cc: County Administrator
Sheriff-Coroner
Public Works Director
Senator Don Rogers
Les Spahnn, SRJ> Jackson, Barish & Associates