California Assembly Bill AB1760

California 2021-2022 Regular Session

• Introduced: 2/2/22
• Refer: 2/10/22
• Report Pass: 4/6/22
• Refer: 4/7/22
• Report Pass: 5/3/22
• Engrossed: 5/9/22
• Refer: 5/10/22
• Refer: 5/18/22
• Report Pass: 6/6/22
• Refer: 6/9/22
• Refer: 6/20/22
• Report Pass: 8/11/22
• Enrolled: 8/24/22
• Chaptered: 9/25/22
• Passed: 9/25/22

Caption

Bulk merchandise pallets.

Impact

The passage of AB 1760 directly impacts the operations of junk dealers and recyclers by delineating clearer parameters when dealing with merchandise pallets. It ensures that owners are notified if their pallets are acquired and sets a structure for the dealer to charge for storage after a specified period. As a result, junk dealers are better equipped to handle situations where goods are abandoned or unclaimed, while also minimizing legal ambiguity, which can prevent potential disputes with owners.

Summary

Assembly Bill 1760, introduced by Rodriguez, amends Section 21609.7 of the Business and Professions Code concerning the treatment of bulk merchandise pallets by junk dealers and recyclers. The bill specifies conditions under which junk dealers may acquire goods marked with an indicia of ownership only from the indicated owner. The legislation aims to clarify regulations regarding recordkeeping and the notification process for junk dealers when they have acquired good faith possession of merchandise pallets. This includes establishing timeframes and procedures for storage fees and ownership relinquishment.

Sentiment

Overall, the sentiment surrounding AB 1760 appears positive among proponents who appreciate the clearer guidelines it provides for junk dealers and recyclers. Supporters argue that it strengthens business operations and reduces conflicts over ownership claims. However, there may exist some reservations from opponents concerned about implications for consumer protections, particularly in ensuring that owners of merchandise are adequately informed about the status of their property.

Contention

Notable points of contention involved the concern over how effectively the notice system would work in practice, especially when the indicated owner cannot be located. Some stakeholders raised issues regarding whether junk dealers could fairly assess and charge storage fees, creating an environment that might lead to exploitation if not managed carefully. Additionally, discussions on the need for state reimbursement were addressed in the bill, ultimately exempting it from the reimbursement requirement, which may have implications for local agencies.