California 2021-2022 Regular Session

California Assembly Bill AB2407 Compare Versions

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1-Amended IN Senate June 08, 2022 Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2407Introduced by Assembly Member ODonnellFebruary 17, 2022 An act to amend Section 21610 of the Business and Professions Code and to amend Section 11199.5 of the Penal Code, relating to vehicle tampering. LEGISLATIVE COUNSEL'S DIGESTAB 2407, as amended, ODonnell. Vehicle tampering: theft of catalytic converters.(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. years, except as specified. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.(3) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(C) This paragraph does not apply to a seller who is any of the following:(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(k) A person who violates the requirements of this section is guilty of a misdemeanor.(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 2. Section 11199.5 of the Penal Code is amended to read:11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
1+Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2407Introduced by Assembly Member ODonnellFebruary 17, 2022 An act to amend Section 21610 of the Business and Professions Code and to amend Section 11199.5 of the Penal Code, relating to vehicle tampering. LEGISLATIVE COUNSEL'S DIGESTAB 2407, as amended, ODonnell. Vehicle tampering: theft of catalytic converters.(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.(3) 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.Existing law prohibits a person from injuring, tampering with, or removing any part of, a vehicle.This bill would express the intent of the Legislature to enact legislation relating to the theft of catalytic converters.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1)(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.(2)(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(3)(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(4)(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (g)(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h)(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i)(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(j)(k) A person who violates the requirements of this section is guilty of a misdemeanor.(k)(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(l)(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 2. Section 11199.5 of the Penal Code is amended to read:11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to the theft of catalytic converters.
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3- Amended IN Senate June 08, 2022 Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2407Introduced by Assembly Member ODonnellFebruary 17, 2022 An act to amend Section 21610 of the Business and Professions Code and to amend Section 11199.5 of the Penal Code, relating to vehicle tampering. LEGISLATIVE COUNSEL'S DIGESTAB 2407, as amended, ODonnell. Vehicle tampering: theft of catalytic converters.(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. years, except as specified. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.(3) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2407Introduced by Assembly Member ODonnellFebruary 17, 2022 An act to amend Section 21610 of the Business and Professions Code and to amend Section 11199.5 of the Penal Code, relating to vehicle tampering. LEGISLATIVE COUNSEL'S DIGESTAB 2407, as amended, ODonnell. Vehicle tampering: theft of catalytic converters.(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.(3) 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.Existing law prohibits a person from injuring, tampering with, or removing any part of, a vehicle.This bill would express the intent of the Legislature to enact legislation relating to the theft of catalytic converters.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
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5- Amended IN Senate June 08, 2022 Amended IN Assembly March 10, 2022
5+ Amended IN Assembly March 10, 2022
66
7-Amended IN Senate June 08, 2022
87 Amended IN Assembly March 10, 2022
98
109 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1110
1211 Assembly Bill
1312
1413 No. 2407
1514
1615 Introduced by Assembly Member ODonnellFebruary 17, 2022
1716
1817 Introduced by Assembly Member ODonnell
1918 February 17, 2022
2019
2120 An act to amend Section 21610 of the Business and Professions Code and to amend Section 11199.5 of the Penal Code, relating to vehicle tampering.
2221
2322 LEGISLATIVE COUNSEL'S DIGEST
2423
2524 ## LEGISLATIVE COUNSEL'S DIGEST
2625
2726 AB 2407, as amended, ODonnell. Vehicle tampering: theft of catalytic converters.
2827
29-(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. years, except as specified. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.(3) 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.
28+(1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.(2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.(3) 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.Existing law prohibits a person from injuring, tampering with, or removing any part of, a vehicle.This bill would express the intent of the Legislature to enact legislation relating to the theft of catalytic converters.
3029
3130 (1) Existing law imposes various requirements on a core recycler, as defined. Existing law requires a core recycler who accepts a catalytic converter for the purposes of recycling or who sells or ships used catalytic converters to a recycler or smelter to maintain specified information regarding the purchase and sale of the catalytic converters for not less than 2 years and to make that information available for inspection upon the request of law enforcement. Existing law provides that a person who violates these requirements is guilty of a misdemeanor.
3231
33-This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. years, except as specified. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.
32+This bill would require a core recycler to report the information collected to the chief of police or the sheriff, as prescribed, and to request to receive theft alert notifications regarding the theft of catalytic converters from a specified theft alert system. The bill would also require a core recycler to obtain the thumbprint of a seller of a catalytic converter and to preserve the thumbprint for a period of 2 years. The bill would limit the inspection or seizure of a thumbprint to that performed by law enforcement pursuant to a criminal search warrant based upon probable cause. By expanding the scope of a crime, this bill would impose a state-mandated local program.
3433
3534 (2) Existing law encourages local law enforcement agencies to report thefts of commodity metals that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., to ensure that persons using the system receive timely and thorough information regarding metal thefts.
3635
3736 This bill would additionally encourage local law enforcement agencies to report thefts of catalytic converters that have occurred within their jurisdiction to that theft alert system.
3837
3938 (3) 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.
4039
4140 This bill would provide that no reimbursement is required by this act for a specified reason.
4241
42+Existing law prohibits a person from injuring, tampering with, or removing any part of, a vehicle.
43+
44+
45+
46+This bill would express the intent of the Legislature to enact legislation relating to the theft of catalytic converters.
47+
48+
49+
4350 ## Digest Key
4451
4552 ## Bill Text
4653
47-The people of the State of California do enact as follows:SECTION 1. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(C) This paragraph does not apply to a seller who is any of the following:(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(k) A person who violates the requirements of this section is guilty of a misdemeanor.(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 2. Section 11199.5 of the Penal Code is amended to read:11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
54+The people of the State of California do enact as follows:SECTION 1. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1)(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.(2)(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(3)(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(4)(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (g)(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h)(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i)(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(j)(k) A person who violates the requirements of this section is guilty of a misdemeanor.(k)(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(l)(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 2. Section 11199.5 of the Penal Code is amended to read:11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to the theft of catalytic converters.
4855
4956 The people of the State of California do enact as follows:
5057
5158 ## The people of the State of California do enact as follows:
5259
53-SECTION 1. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(C) This paragraph does not apply to a seller who is any of the following:(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(k) A person who violates the requirements of this section is guilty of a misdemeanor.(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
60+SECTION 1. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1)(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.(2)(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(3)(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(4)(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (g)(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h)(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i)(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(j)(k) A person who violates the requirements of this section is guilty of a misdemeanor.(k)(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(l)(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
5461
5562 SECTION 1. Section 21610 of the Business and Professions Code is amended to read:
5663
5764 ### SECTION 1.
5865
59-21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(C) This paragraph does not apply to a seller who is any of the following:(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(k) A person who violates the requirements of this section is guilty of a misdemeanor.(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
66+21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1)(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.(2)(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(3)(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(4)(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (g)(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h)(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i)(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(j)(k) A person who violates the requirements of this section is guilty of a misdemeanor.(k)(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(l)(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
6067
61-21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(C) This paragraph does not apply to a seller who is any of the following:(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(k) A person who violates the requirements of this section is guilty of a misdemeanor.(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
68+21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1)(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.(2)(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(3)(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(4)(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (g)(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h)(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i)(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(j)(k) A person who violates the requirements of this section is guilty of a misdemeanor.(k)(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(l)(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
6269
63-21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(C) This paragraph does not apply to a seller who is any of the following:(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(k) A person who violates the requirements of this section is guilty of a misdemeanor.(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
70+21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.(b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1)(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.(2)(B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.(3)(C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.(4)(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.(c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:(1) The name and address of each person to whom the catalytic converter is sold or disposed of.(2) The quantity of catalytic converters being sold or shipped.(3) The amount that was paid for the catalytic converters sold in the transaction.(4) The date of the transaction.(d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:(1) The payment is made by check and provided to the seller by either of the following:(A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).(ii) For a seller that is a business, mailed to the sellers business address.(B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.(ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.(2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.(3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.(B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.(4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.(5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.(6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.(B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.(e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.(f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:(1) Name of seller or agent acting on behalf of the seller.(2) Date of transaction.(3) Number of catalytic converters received in the course of the transaction.(4) Amount of money that was paid for catalytic converters in the course of the transaction.(g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.(2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system. (g)(h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h)(i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i)(j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.(j)(k) A person who violates the requirements of this section is guilty of a misdemeanor.(k)(l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:(1) For a first conviction, by a fine of one thousand dollars ($1,000).(2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.(3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).(B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.(l)(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
6471
6572
6673
6774 21610. (a) For the purposes of this section, the term core recycler means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler.
6875
6976 (b) (1) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:
7077
71-(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.
78+(1)
79+
80+
81+
82+(A) The place and date of each sale or purchase of a catalytic converter made in the conduct of his or her their business as a core recycler.
83+
84+(2)
85+
86+
7287
7388 (B) The name, valid drivers license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recyclers place of business. If the seller is a business, the written record shall include the name, address, and telephone number of the business.
7489
90+(3)
91+
92+
93+
7594 (C) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number.
7695
77-(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.
96+(4)
97+
98+
99+
100+(D) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom he or she has they have obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.
78101
79102 (2) A core recycler who accepts a catalytic converter for recycling shall report the information required in paragraph (1) to the chief of police or to the sheriff in the same manner as described in Section 21628.
80103
81104 (c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following:
82105
83106 (1) The name and address of each person to whom the catalytic converter is sold or disposed of.
84107
85108 (2) The quantity of catalytic converters being sold or shipped.
86109
87110 (3) The amount that was paid for the catalytic converters sold in the transaction.
88111
89112 (4) The date of the transaction.
90113
91114 (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met:
92115
93116 (1) The payment is made by check and provided to the seller by either of the following:
94117
95118 (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3).
96119
97120 (ii) For a seller that is a business, mailed to the sellers business address.
98121
99122 (B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale.
100123
101124 (ii) A seller that is a business may receive immediate payment. A seller that is a business that has a contract with a core recycler or a seller that is a licensed auto dismantler may receive immediate payment by check or by debit card or credit card.
102125
103126 (2) At the time of sale, the core recycler obtains a clear photograph or video of the seller.
104127
105128 (3) (A) Except as provided in subparagraph (B), the core recycler obtains a copy of the valid drivers license of the seller or the sellers agent containing a photograph and an address of the seller or the sellers agent, or a copy of a state or federal government issued identification card containing a photograph and an address of the seller or the sellers agent.
106129
107130 (B) If the seller prefers to have the check for the catalytic converter mailed to an alternative address, other than a post office box, the core recycler shall obtain a copy of a drivers license or identification card described in subparagraph (A) and a gas or electric utility bill addressed to the seller at the alternative address with a payment due date no more than two months prior to the date of sale. For the purpose of this subparagraph, alternative address means an address that is different from the address appearing on the sellers drivers license or identification card.
108131
109132 (4) The core recycler obtains a clear photograph or video of the catalytic converter being sold.
110133
111134 (5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter.
112135
113136 (6) (A) The core recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The core recycler shall keep this thumbprint with the information obtained under this subdivision and shall preserve the thumbprint in hard copy or electronic format for a period of two years after the date of sale.
114137
115138 (B) Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of the peace officers authority in response to a criminal search warrant signed by a magistrate and served on the core recycler by the peace officer. Probable cause for the issuance of that warrant shall be based upon a theft specifically involving the transaction for which the thumbprint was given.
116139
117-(C) This paragraph does not apply to a seller who is any of the following:
118-
119-(i) An automobile dismantler, as defined in Section 220 of the Vehicle Code.
120-
121-(ii) A core recycler that maintains a fixed place of business and has obtained the catalytic converter pursuant to this section.
122-
123-(iii) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.
124-
125-(iv) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.
126-
127-(v) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.
128-
129140 (e) The requirements of subdivision (d) shall not apply to a core recycler that buys used catalytic converters, transmissions, or other parts removed from a vehicle if the core recycler and the seller have a written agreement for the transaction.
130141
131142 (f) Core recyclers accepting catalytic converters from licensed auto dismantlers or from recyclers who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information:
132143
133144 (1) Name of seller or agent acting on behalf of the seller.
134145
135146 (2) Date of transaction.
136147
137148 (3) Number of catalytic converters received in the course of the transaction.
138149
139150 (4) Amount of money that was paid for catalytic converters in the course of the transaction.
140151
141152 (g) (1) A core recycler shall request to receive theft alert notifications regarding the theft of catalytic converters in the core recyclers geographic region from the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor.
142153
143154 (2) The requirement in paragraph (1) does not apply if the Institute of Scrap Recycling Industries, Inc., or its successor, requires payment for use of the theft alert system.
144155
156+(g)
157+
158+
159+
145160 (h) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.
161+
162+(h)
163+
164+
146165
147166 (i) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.
148167
168+(i)
169+
170+
171+
149172 (j) A person who makes, or causes to be made, a false or fictitious statement regarding any information required pursuant to this section is guilty of a misdemeanor.
150173
174+(j)
175+
176+
177+
151178 (k) A person who violates the requirements of this section is guilty of a misdemeanor.
179+
180+(k)
181+
182+
152183
153184 (l) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows:
154185
155186 (1) For a first conviction, by a fine of one thousand dollars ($1,000).
156187
157188 (2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000).
158189
159190 (B) In addition to the fine imposed pursuant to subparagraph (A), the court may order the defendant to cease engaging in the business of a core recycler for a period not to exceed 30 days.
160191
161192 (3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000).
162193
163194 (B) In addition to the fine imposed pursuant to subparagraph (A), the court shall order the defendant to cease engaging in the business of a core recycler for a period not less than one year.
164195
165-(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
196+(l)
197+
198+
199+
200+(m) The provisions of this section apply to core recyclers and do not apply to a subsequent purchaser of a catalytic converter who is not a core recycler. Other than subdivision (f), the provisions of this section do this section does not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.
166201
167202 SEC. 2. Section 11199.5 of the Penal Code is amended to read:11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.
168203
169204 SEC. 2. Section 11199.5 of the Penal Code is amended to read:
170205
171206 ### SEC. 2.
172207
173208 11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.
174209
175210 11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.
176211
177212 11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.
178213
179214
180215
181216 11199.5. Local law enforcement agencies are encouraged to report thefts of commodity metals, including, but not limited to, ferrous metal, copper, brass, aluminum, nickel, stainless steel, and alloys, and thefts of catalytic converters that have occurred within their jurisdiction to the theft alert system maintained by the Institute of Scrap Recycling Industries, Inc., or its successor, in order to ensure that persons using that system receive timely and thorough information regarding metal and catalytic converter thefts. The institute or its successor shall not sell subscribers information received pursuant to this section to third parties.
182217
183218 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
184219
185220 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
186221
187222 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
188223
189224 ### SEC. 3.
225+
226+
227+
228+It is the intent of the Legislature to enact legislation relating to the theft of catalytic converters.