Metal theft.

Plain English Breakdown

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Metal Theft Prevention

AB-476 strengthens laws against metal theft by requiring junk dealers and recyclers to keep more detailed records, adding new items to the list of materials they cannot possess without proper certification, and increasing fines for violations.

What This Bill Does

• Requires junk dealers and recyclers to include additional details in their written records, such as the time and amount paid for each transaction and the name of the employee handling it.
• Expands the types of items that junk dealers cannot possess without proper certification from the owner agency, including street lights and related equipment.
• Increases the maximum fine for possessing stolen materials or failing to report possession of certain items from $3,000 to $5,000.
• Raises the penalty for buying metals known to be used by specific entities like railroads or utility companies without verifying legal ownership from a fine up to $1,000 to up to $5,000.

Who It Names or Affects

• Junk dealers and recyclers who buy and sell scrap metal.
• People involved in the salvage, recycling, purchase, or sale of scrap metal.
• Public entities like railroads, utility companies, and local governments that deal with scrap metals.

Terms To Know

Junk

Secondhand machinery and all ferrous and nonferrous scrap metals and alloys.

Nonferrous materials

Metals that do not contain iron, such as copper or aluminum.

Limits and Unknowns

• The bill does not specify an effective date for the new requirements.
• It is unclear how junk dealers and recyclers will adapt to these changes in record-keeping practices.

Official Summary Text

AB 476, Mark González.
Metal theft.
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. 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.

Current Bill Text

Download Bill PDF