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AB-1120 Controlled substances: butane.(2017-2018)

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Date Published: 04/25/2017 09:00 PM
AB1120:v98#DOCUMENT

Amended  IN  Assembly  April 25, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1120


Introduced by Assembly Members Cooper and Dahle

February 17, 2017


An act to amend Section 11107.1 of, and to add Section 11107.2 to, to the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 1120, as amended, Cooper. Controlled substances: butane.
Existing law requires a person or entity that sells any quantity of specified substances to record the date of sale, product description, purchaser’s identification, and other specified information. Existing law requires the seller to retain this information for a period of 5 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. Existing law requires a person or entity that purchases any quantity of these specified substances to record the date of purchase, product description, and other specified information for a period of 3 years and to present it upon demand by any law enforcement officer or authorized representative of the Attorney General. A violation of these provisions is a crime.
This bill would add butane to the list of specified substances for which these requirements apply. require a person or entity that sells any quantity of butane, as defined, to record specified information about the transaction, including the identity of the purchaser and to maintain that information for 2 years. The bill would also prohibit any person a person, unless specifically exempted, from purchasing more than 600 milliliters of butane in a calendar month. 30-day period. The bill would make a violation of these provisions a misdemeanor. Because the bill would create a new crime, it would impose a state-mandated local program.
The bill would state that it is the intent of the Legislature to enact legislation that would would, subject to an appropriation, require the Department of Justice to create a reporting system, improve law enforcement, and create a tracking and reporting mechanism for online retailers, relating to database of butane sales. sales, and would require sellers of butane to submit a quarterly report.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 11107.1 of the Health and Safety Code is amended to read:
11107.1.

(a)A manufacturer, wholesaler, retailer, or other person or entity in this state that sells to any person or entity in this state or any other state any quantity of butane, sodium cyanide, potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings, mercuric chloride, sodium metal, lead acetate, palladium black, hydrogen chloride gas, trichlorofluoromethane (fluorotrichloromethane), dichlorodifluoromethane, 1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane), sodium acetate, or acetic anhydride shall do the following:

(1)(A)Notwithstanding any other law, in a face-to-face or will-call sale, the seller shall prepare a bill of sale that identifies the date of sale, cost of sale, method of payment, the specific items and quantities purchased and the proper purchaser identification information, all of which shall be entered onto the bill of sale or a legible copy of the bill of sale, and shall also affix on the bill of sale his or her signature as witness to the purchase and identification of the purchaser.

(B)For the purposes of this paragraph, “proper purchaser identification” includes a valid driver’s license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser, and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of the motor vehicle used by the purchaser at the time of purchase, a description of how the substance is to be used, the Environmental Protection Agency certification number or resale tax identification number assigned to the individual or business entity for which the individual is purchasing any chlorofluorocarbon product, and the signature of the purchaser.

(C)The seller shall retain the original bill of sale containing the purchaser identification information for five years in a readily presentable manner, and present the bill of sale containing the purchaser identification information upon demand by any law enforcement officer or authorized representative of the Attorney General. Copies of these bills of sale obtained by representatives of the Attorney General shall be maintained by the Department of Justice for a period of not less than five years.

(2)(A)Notwithstanding any other law, in all sales other than face-to-face or will-call sales the seller shall maintain for a period of five years the following sales information: the name and address of the purchaser, date of sale, product description, cost of product, method of payment, method of delivery, delivery address, and valid identifying information.

(B)For the purposes of this paragraph, “valid identifying information” includes two or more of the following: federal tax identification number; resale tax identification number; city or county business license number; license issued by the State Department of Public Health; registration number issued by the federal Drug Enforcement Administration; precursor business permit number issued by the Department of Justice; driver’s license; or other identification issued by a state.

(C)The seller shall, upon the request of any law enforcement officer or any authorized representative of the Attorney General, produce a report or record of sale containing the information in a readily presentable manner.

(D)If a common carrier is used, the seller shall maintain a manifest regarding the delivery in a readily presentable manner for a period of five years.

(b)A manufacturer, wholesaler, retailer, or other person or entity in this state that purchases any item listed in subdivision (a) shall do the following:

(1)Provide on the record of purchase information on the source of the items purchased, the date of purchase, a description of the specific items, the quantities of each item purchased, and the cost of the items purchased.

(2)Retain the record of purchase for three years in a readily presentable manner and present the record of purchase upon demand to any law enforcement officer or authorized representative of the Attorney General.

(c)(1)A first violation of this section is a misdemeanor.

(2)Aperson who has previously been convicted of a violation of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one hundred thousand dollars ($100,000), or both the fine and imprisonment.

SEC. 2.SECTION 1.

 Section 11107.2 is added to the Health and Safety Code, to read:

11107.2.
 (a) It is unlawful for a person to purchase manufacturer, wholesaler, retailer, or other person or entity to sell to any one customer more than 600 milliliters of nonodorized butane in a calendar month. any 30-day period. The limitation in this subdivision shall not apply to any of the following transactions:
(1) Butane sold to a manufacturer or wholesaler solely for the purpose of resale.
(2) Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a medical cannabis collective or cooperative described in Section 11362.775, operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
(b) For every sale of nonodorized butane, the seller shall record and maintain on the premises of the seller for a period of not less than two years after the date of the sale, the following information:
(1) The name, address, and date of birth of the customer, as obtained from his or her valid driver’s license or other government-issued photo identification.
(2) For sales made pursuant to paragraph (1) or (2) of subdivision (a), the name and address of the business, a description of the type of business, and a business license number, if applicable.
(3) The date and time of the sale.
(4) The brand and quantity of butane purchased.
(5) The full name of the person who processed the sale.
(c) A violation of any provision of this section is a misdemeanor.
(d) (1) The Department of Justice shall establish a database to track the sale of nonodorized butane within the state.
(2) Any manufacturer, wholesaler, retailer, or other person or entity that sells nonodorized butane shall submit a quarterly report to the Department of Justice of all sales involving nonodorized butane, including all of the information collected pursuant to subdivision (b).
(3) Implementation of this subdivision shall be subject to an appropriation in the annual Budget Act or other measure.
(e) As used in this section, the following definitions shall apply:
(1) “Customer” means any person or entity that purchases or acquires nonodorized butane from a seller during a transaction.
(2) “Nonodorized butane” means iso-butane, n-butane, or refined butane of any power that uses the words “refined,” “pure,” “purified,” “premium,” or “filtered,” to describe the butane, or which does not contain ethyl mercaptan or a similar odorant.
(3) “Sell” or “sale” means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
(4) “Seller” means any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.

SEC. 3.

It is the intent of the Legislature to create legislation that would do all of the following:

(a)Create a reporting system for the purpose of reporting butane sales.

(b)Improve law enforcement relating to butane sales.

(c)Create a mechanism for online retailers to track and report butane sales.

SEC. 4.SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.