California 2011-2012 Regular Session Status: Enacted

AB 1583 — Bulk merchandise pallets.

Last action — Chaptered by Secretary of State - Chapter 300, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2012. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) 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 requires junk dealers and recyclers to obtain valid identification, as specified, from a seller before providing payment. Existing law requires junk dealers and recyclers to maintain written records of specified information, and makes a violation of the recordkeeping requirements a misdemeanor. This bill would permit a seller to use a passport from any country or a Matricula Consular issued by Mexico, along with another form or identification bearing an address, or an identification card issued by the United States, as identification for purposes of these provisions. This bill would prohibit junk dealers and recyclers from purchasing or receiving bulk merchandise pallets, as defined, marked with an indicia of ownership, as defined, from anyone except the indicated owner, unless specified information is provided to the junk dealer or recycler, and would require the junk dealer or recycler to maintain a written record of that information. The bill would also require that payment by the junk dealer for 5 or more bulk merchandise pallets to a person other than the indicated owner be made by check mailed to the address of the seller, as specified, or by check or by cash on or after the 3rd business day following the transaction. (2) Existing law defines a merchandise pallet as a wooden or plastic carrier or container of specified size, used by a manufacturer or distributor to transport merchandise to retail outlets, which has a notice permanently affixed to it identifying the owner of the pallet and providing other specified information. Existing law prohibits and makes it a crime for an unauthorized person, as defined, to possess a merchandise pallet or for a person other than its owner to obliterate the identification notice on a pallet. This bill would expand these provisions to cover merchandise pallets marked with indicia of ownership, as defined. The bill would also prohibit and make it a crime for a person other than the owner of the pallet to obliterate the indicia of ownership from a merchandise pallet. (3) Existing law requires any person or entity purchasing plastic bulk merchandise containers who is in the business of recycling, shredding, or destruction of plastic bulk merchandise containers, as defined, to obtain a proof of ownership record and other identifying information from a person selling 5 or more containers, and to retain the required record for a specified time. A violation of these provisions is a misdemeanor. This bill would instead require a person or entity purchasing or transporting plastic bulk merchandise containers who is in the business of recycling, shredding, or destruction of plastic bulk merchandise containers, or is in the business of transporting plastic bulk merchandise containers for those purposes, to obtain a proof of ownership record or bill of lading and other identifying information from the person selling or delivering 5 or more containers, and to retain the required record for a specified time. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program. (4) This bill would incorporate additional changes to Section 21608.5 of the Business and Professions Code proposed by AB 1508 that would become operative only if this bill and AB 1508 are both chaptered, and this bill is chaptered last. (5) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 300, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 3. Page 6293.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4643.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. In committee: Set, first hearing. Hearing canceled at the request of author.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.

  14. From 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.

  15. Referred to Com. on B., P. & E.D.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4827.)

  18. Ordered to third reading.

  19. From consent calendar.

  20. Read second time. Ordered to consent calendar.

  21. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 2).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 17). Re-referred to Com. on APPR.

  23. Re-referred to Com. on B., P. & C.P.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on B., P. & C.P. Read second time and amended.

  25. Referred to Com. on B., P. & C.P.

  26. From printer. May be heard in committee March 4.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (1)

  • Galgiani

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1583 HERNÁNDEZ Concurrence in Senate Amendments

Passed 77 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 75200
Democratic 1000
Republican 1100
Total 77300
% of votes cast 96%4%0%0%
How each member voted (80)
Member Party Vote
Hall — Yea
Garrick — Yea
Butler — Yea
Carter — Yea
Hill — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Campos — Yea
Cedillo — Yea
Portantino — Yea
Furutani — Yea
Chesbro — Yea
Allen — Yea
Hagman — Yea
Conway — Yea
Cook — Yea
Halderman — Yea
Harkey — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Yea
Miller — Yea
Olsen — Yea
Alejo — Yea
Dickinson — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Galgiani — Yea
Gatto — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Gordon — Yea
Gorell — Yea
Hayashi — Yea
Lara — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Beall — Yea
Donnelly — Nay
Mansoor — Nay
Monning — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Logue — Yea
Morrell — Yea
Perea — Yea
Solorio — Yea
Wagner — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Fuentes — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1583 Roger Hernández By Emmerson

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Liu — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Runner — Not Voting
Fuller — Yea
Alquist — Yea
Anderson — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Blakeslee — Yea
Harman — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1583 HERNÁNDEZ Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Halderman — Yea
Butler — Yea
Carter — Yea
Furutani — Yea
Gatto — Yea
Fong — Yea
Cedillo — Yea
Gorell — Yea
Allen — Yea
Hagman — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Alejo — Yea
Cook — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Olsen — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Campos — Yea
Bonilla — Yea
Galgiani — Yea
Gordon — Yea
Atkins — Not Voting
Fletcher — Not Voting
Hall — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Yea
Donnelly — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Valadao — Not Voting
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Norby — Yea
Perea — Not Voting
Chesbro — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Yea
Harkey — Yea
Mitchell — Yea
Hill — Yea
Lara — Yea
Campos — Yea
Davis — Yea
Norby — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Nielsen — Yea
Solorio — Yea
Donnelly — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 1583 do?
(1) 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 requires junk dealers and recyclers to obtain valid identification, as specified, from a seller before providing payment. Existing law requires junk dealers and recyclers to maintain written records of specified information, and makes a violation of the recordkeeping requirements a misdemeanor. This bill would permit a seller to use a passport from any country or a Matricula Consular issued by Mexico, along with another form or identification bearing an address, or an identification card issued by the United States, as identification for purposes of these provisions. This bill would prohibit junk dealers and recyclers from purchasing or receiving bulk merchandise pallets, as defined, marked with an indicia of ownership, as defined, from anyone except the indicated owner, unless specified information is provided to the junk dealer or recycler, and would require the junk dealer or recycler to maintain a written record of that information. The bill would also require that payment by the junk dealer for 5 or more bulk merchandise pallets to a person other than the indicated owner be made by check mailed to the address of the seller, as specified, or by check or by cash on or after the 3rd business day following the transaction. (2) Existing law defines a merchandise pallet as a wooden or plastic carrier or container of specified size, used by a manufacturer or distributor to transport merchandise to retail outlets, which has a notice permanently affixed to it identifying the owner of the pallet and providing other specified information. Existing law prohibits and makes it a crime for an unauthorized person, as defined, to possess a merchandise pallet or for a person other than its owner to obliterate the identification notice on a pallet. This bill would expand these provisions to cover merchandise pallets marked with indicia of ownership, as defined. The bill would also prohibit and make it a crime for a person other than the owner of the pallet to obliterate the indicia of ownership from a merchandise pallet. (3) Existing law requires any person or entity purchasing plastic bulk merchandise containers who is in the business of recycling, shredding, or destruction of plastic bulk merchandise containers, as defined, to obtain a proof of ownership record and other identifying information from a person selling 5 or more containers, and to retain the required record for a specified time. A violation of these provisions is a misdemeanor. This bill would instead require a person or entity purchasing or transporting plastic bulk merchandise containers who is in the business of recycling, shredding, or destruction of plastic bulk merchandise containers, or is in the business of transporting plastic bulk merchandise containers for those purposes, to obtain a proof of ownership record or bill of lading and other identifying information from the person selling or delivering 5 or more containers, and to retain the required record for a specified time. Because this bill would expand the scope of a crime, the bill would impose a state-mandated local program. (4) This bill would incorporate additional changes to Section 21608.5 of the Business and Professions Code proposed by AB 1508 that would become operative only if this bill and AB 1508 are both chaptered, and this bill is chaptered last. (5) 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.
Who sponsors AB 1583?
AB 1583 is sponsored by Galgiani and Roger Hernández.
What is the current status of AB 1583?
This bill has been enacted into law. Introduced February 02, 2012. Enacted.
Where can I track AB 1583?
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