CaliforniaMetal theft.
What it does
Existing law governs the business of buying, selling, and dealing in secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, also known as "junk." Existing law requires junk dealers and recyclers to keep a written record of all sales and purchases made in the course of their business, including the place and date of each sale or purchase of junk and a description of the item or items, as specified. Existing law requires the written record to include a statement indicating either that the seller of the junk is the owner of it, or the name of the person they obtained the junk from, as shown on a signed transfer document. Existing law prohibits a junk dealer or recycler from providing payment for nonferrous materials until the junk dealer or recycler obtains a copy of a valid driver's license of the seller or other specified identification.
More detail
Existing law requires a junk dealer or recycler to preserve the written record for at least 2 years. Existing law makes a violation of the recordkeeping requirements a misdemeanor.
This bill would require junk dealers and recyclers to include additional information in the written record, including the time and amount paid for each sale or purchase of junk made, and the name of the employee handling the transaction. The bill would revise the type of information required to be included in the description of the item or items of junk purchased or sold, as specified. The bill would require the statement referenced above indicating ownership or the name of the person from whom the seller obtained the junk from to be signed.
Existing law prohibits a junk dealer or recycler from possessing certain materials, including a fire hydrant or manhole cover or lid, without written certification from the agency owning or previously owning the material specifying that the agency has either sold the material or is offering the material for sale, salvage, or recycling and that the person is authorized to negotiate the sale of the material. Existing law makes it a crime for any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess specified items, including a fire hydrant or a manhole cover or lid, that were owned or previously owned by specified public entities and that have been stolen or obtained in a manner constituting theft or extortion, knowing the property to be stolen or obtained in that manner, or to fail to report possession of those items, as specified. A person who violates those provisions is subject to a criminal fine of not more than $3,000.
This bill would expand the list of materials and items subject to those provisions to include, among other things, items reasonably recognizable as street lights and related equipment, and would increase the maximum amount of the criminal fine to $5,000.
Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $1,000.
This bill would instead make the act punishable by a fine of not more than $5,000.
By expanding the scope of existing crimes, 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.
Where do you stand?
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 13Chaptered by Secretary of State - Chapter 694, Statutes of 2025.Latest
- Oct 13Approved by the Governor Gavin Newsom.Became Law
- Sep 24Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 12Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3377.).Major
- Vote recorded AB 476 Mark González Concurrence in Senate Amendments. Result: pass.Lower
- Sep 12In Assembly. Concurrence in Senate amendments pending.
- Sep 11Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2923.).Passed Senate
- Vote recorded 3rd Reading AB476 Mark González et al. By Arreguín. Result: pass.Upper
- Sep 8Read second time. Ordered to third reading.Minor
- Sep 4Read third time and amended. Ordered to second reading.Major
- Sep 2Read second time. Ordered to third reading.Minor
- Aug 29Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 29From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 29).Major
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 16Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 15From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 15).Major
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jul 7From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (July 7). Re-referred to Com. on PUB. S.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Public Safety]. Result: pass.Upper
- Jun 19From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. P. & E.D.Major
- Jun 18Referred to Coms. on B. P. & E.D. and PUB. S.Minor
- Jun 4In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Jun 3Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1971.)Passed Assembly
- Vote recorded AB 476 Mark González Assembly Third Reading. Result: pass.Lower
- May 27Read second time. Ordered to third reading.Minor
- May 23From committee: Do pass. (Ayes 14. Noes 0.) (May 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14In committee: Set, first hearing. Referred to suspense file.Minor
- May 5Re-referred to Com. on APPR.Minor
- May 1Read second time and amended.Major
- Apr 30From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 29).Major
- Apr 29
- Vote recorded Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Apr 24Re-referred to Com. on PUB. S.Minor
- Apr 23Read second time and amended.Major
- Apr 22From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. (Ayes 18. Noes 0.) (April 22).Major
- Vote recorded Do pass as amended and be re-referred to the Committee on [Public Safety]. Result: pass.Lower
- Mar 28Re-referred to Com. on B. & P.Minor
- Mar 27From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.Major
- Feb 24Referred to Com. on B. & P.Minor
- Feb 11From printer. May be heard in committee March 13.
- Feb 10Read first time. To print.Introduced