| 1 | | - | Senate Bill No. 1087 CHAPTER 514An act to amend Section 21610 of the Business and Professions Code, and to add Section 10852.5 to the Vehicle Code, relating to vehicles. [ Approved by Governor September 25, 2022. Filed with Secretary of State September 25, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1087, Gonzalez. Vehicles: catalytic converters.Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless the payment is made by check, the check is mailed or provided no earlier than 3 days after the date of sale, unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified. Existing law exempts from this requirement 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. Existing law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor.The bill would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified. The bill would also prohibit a core recycler from purchasing a catalytic converter from anybody other than these specified sellers.By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 21610 of the Business and Professions Code proposed by SB 986 and AB 1740 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 1.1. 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.SEC. 1.2. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.SEC. 1.3. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.SEC. 2. Section 10852.5 is added to the Vehicle Code, to read:10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000).SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Senate Bill 986. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Assembly Bill 1740 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 986, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.(b) Section 1.2 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Assembly Bill 1740. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Senate Bill 986 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1740 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.(c) Section 1.3 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by this bill, Senate Bill 986, and Assembly Bill 1740. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 21610 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 986 and Assembly Bill 1740, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.SEC. 4. 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. |
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| 1 | + | Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 30, 2022 Amended IN Assembly August 24, 2022 Amended IN Assembly August 15, 2022 Amended IN Assembly June 23, 2022 Amended IN Senate May 19, 2022 Amended IN Senate April 28, 2022 Amended IN Senate April 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1087Introduced by Senator Gonzalez(Coauthor: Senator Portantino)February 15, 2022An act to amend Section 21610 of the Business and Professions Code, and to add Section 10852.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1087, Gonzalez. Vehicles: catalytic converters.Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless the payment is made by check, the check is mailed or provided no earlier than 3 days after the date of sale, unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified. Existing law exempts from this requirement 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. Existing law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor.The bill would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified. The bill would also prohibit a core recycler from purchasing a catalytic converter from anybody other than these specified sellers.By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 21610 of the Business and Professions Code proposed by SB 986 and AB 1740 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 1.1. 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.SEC. 1.2. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.SEC. 1.3. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.SEC. 2. Section 10852.5 is added to the Vehicle Code, to read:10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000).SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Senate Bill 986. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Assembly Bill 1740 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 986, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.(b) Section 1.2 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Assembly Bill 1740. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Senate Bill 986 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1740 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.(c) Section 1.3 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by this bill, Senate Bill 986, and Assembly Bill 1740. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 21610 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 986 and Assembly Bill 1740, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.SEC. 4. 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. |
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| 14 | 29 | | |
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| 15 | 30 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 31 | | |
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| 17 | 32 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 33 | | |
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| 19 | 34 | | SB 1087, Gonzalez. Vehicles: catalytic converters. |
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| 20 | 35 | | |
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| 21 | 36 | | Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless the payment is made by check, the check is mailed or provided no earlier than 3 days after the date of sale, unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified. Existing law exempts from this requirement 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. Existing law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor.The bill would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified. The bill would also prohibit a core recycler from purchasing a catalytic converter from anybody other than these specified sellers.By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 21610 of the Business and Professions Code proposed by SB 986 and AB 1740 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.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. |
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| 22 | 37 | | |
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| 23 | 38 | | Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless the payment is made by check, the check is mailed or provided no earlier than 3 days after the date of sale, unless the seller is a business, and the core recycler obtains a photograph or video of the seller, a written statement regarding the origin of the catalytic converter, and certain other identifying information, as specified. Existing law exempts from this requirement 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. Existing law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor. |
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| 24 | 39 | | |
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| 25 | 40 | | The bill would prohibit any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. A violation of this provision would be an infraction, punishable by a fine, as specified. |
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| 26 | 41 | | |
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| 27 | 42 | | The bill would also prohibit a core recycler from purchasing a catalytic converter from anybody other than these specified sellers. |
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| 28 | 43 | | |
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| 29 | 44 | | By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program. |
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| 30 | 45 | | |
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| 31 | 46 | | This bill would incorporate additional changes to Section 21610 of the Business and Professions Code proposed by SB 986 and AB 1740 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. |
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| 32 | 47 | | |
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| 33 | 48 | | 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. |
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| 34 | 49 | | |
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| 35 | 50 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 36 | 51 | | |
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| 37 | 52 | | ## Digest Key |
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| 38 | 53 | | |
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| 39 | 54 | | ## Bill Text |
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| 40 | 55 | | |
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| 41 | 56 | | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions.SEC. 1.1. 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.SEC. 1.2. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.SEC. 1.3. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.SEC. 2. Section 10852.5 is added to the Vehicle Code, to read:10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000).SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Senate Bill 986. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Assembly Bill 1740 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 986, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.(b) Section 1.2 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Assembly Bill 1740. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Senate Bill 986 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1740 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.(c) Section 1.3 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by this bill, Senate Bill 986, and Assembly Bill 1740. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 21610 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 986 and Assembly Bill 1740, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.SEC. 4. 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. |
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| 42 | 57 | | |
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| 43 | 58 | | The people of the State of California do enact as follows: |
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| 44 | 59 | | |
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| 45 | 60 | | ## The people of the State of California do enact as follows: |
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| 46 | 61 | | |
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| 47 | 62 | | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions. |
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| 48 | 63 | | |
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| 49 | 64 | | SECTION 1. Section 21610 of the Business and Professions Code is amended to read: |
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| 50 | 65 | | |
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| 51 | 66 | | ### SECTION 1. |
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| 52 | 67 | | |
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| 53 | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions. |
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| 54 | 69 | | |
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| 55 | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions. |
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| 56 | 71 | | |
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| 57 | 72 | | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) 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) 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.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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 of no less than one year.(l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions. |
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| 58 | 73 | | |
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| 59 | 74 | | |
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| 60 | 75 | | |
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| 61 | 76 | | 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. |
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| 62 | 77 | | |
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| 63 | 78 | | (b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following: |
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| 64 | 79 | | |
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| 65 | 80 | | (1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler. |
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| 66 | 81 | | |
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| 67 | 82 | | (2) 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. |
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| 68 | 83 | | |
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| 69 | 84 | | (3) 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. |
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| 70 | 85 | | |
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| 71 | 86 | | (4) 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. |
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| 72 | 87 | | |
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| 73 | 88 | | (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: |
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| 74 | 89 | | |
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| 75 | 90 | | (1) The name and address of each person to whom the catalytic converter is sold or disposed of. |
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| 76 | 91 | | |
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| 77 | 92 | | (2) The quantity of catalytic converters being sold or shipped. |
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| 78 | 93 | | |
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| 79 | 94 | | (3) The amount that was paid for the catalytic converters sold in the transaction. |
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| 80 | 95 | | |
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| 81 | 96 | | (4) The date of the transaction. |
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| 82 | 97 | | |
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| 83 | 98 | | (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met: |
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| 84 | 99 | | |
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| 85 | 100 | | (1) The payment is made by check and provided to the seller by either of the following: |
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| 86 | 101 | | |
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| 87 | 102 | | (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3). |
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| 88 | 103 | | |
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| 89 | 104 | | (ii) For a seller that is a business, mailed to the sellers business address. |
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| 90 | 105 | | |
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| 91 | 106 | | (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. |
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| 92 | 107 | | |
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| 93 | 108 | | (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. |
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| 94 | 109 | | |
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| 95 | 110 | | (2) At the time of sale, the core recycler obtains a clear photograph or video of the seller. |
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| 96 | 111 | | |
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| 97 | 112 | | (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. |
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| 98 | 113 | | |
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| 99 | 114 | | (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. |
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| 100 | 115 | | |
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| 101 | 116 | | (4) The core recycler obtains a clear photograph or video of the catalytic converter being sold. |
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| 102 | 117 | | |
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| 103 | 118 | | (5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter. |
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| 104 | 119 | | |
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| 105 | 120 | | (6) The seller is a person described in Section 10852.5 of the Vehicle Code. |
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| 106 | 121 | | |
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| 107 | 122 | | (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. |
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| 108 | 123 | | |
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| 109 | 124 | | (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: |
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| 110 | 125 | | |
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| 111 | 126 | | (1) Name of seller or agent acting on behalf of the seller. |
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| 112 | 127 | | |
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| 113 | 128 | | (2) Date of transaction. |
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| 114 | 129 | | |
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| 115 | 130 | | (3) Number of catalytic converters received in the course of the transaction. |
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| 116 | 131 | | |
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| 117 | 132 | | (4) Amount of money that was paid for catalytic converters in the course of the transaction. |
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| 118 | 133 | | |
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| 119 | 134 | | (g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years. |
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| 120 | 135 | | |
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| 121 | 136 | | (h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand. |
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| 122 | 137 | | |
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| 123 | 138 | | (i) 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. |
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| 124 | 139 | | |
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| 125 | 140 | | (j) A person who violates the requirements of this section is guilty of a misdemeanor. |
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| 126 | 141 | | |
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| 127 | 142 | | (k) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows: |
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| 128 | 143 | | |
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| 129 | 144 | | (1) For a first conviction, by a fine of one thousand dollars ($1,000). |
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| 130 | 145 | | |
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| 131 | 146 | | (2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000). |
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| 132 | 147 | | |
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| 133 | 148 | | (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. |
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| 134 | 149 | | |
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| 135 | 150 | | (3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000). |
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| 136 | 151 | | |
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| 137 | 152 | | (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 of no less than one year. |
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| 138 | 153 | | |
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| 139 | 154 | | (l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transactions. |
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| 140 | 155 | | |
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| 141 | 156 | | SEC. 1.1. 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received. |
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| 142 | 157 | | |
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| 143 | 158 | | SEC. 1.1. Section 21610 of the Business and Professions Code is amended to read: |
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| 144 | 159 | | |
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| 145 | 160 | | ### SEC. 1.1. |
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| 146 | 161 | | |
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| 147 | 162 | | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received. |
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| 148 | 163 | | |
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| 149 | 164 | | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received. |
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| 150 | 165 | | |
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| 151 | 166 | | 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) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 payment 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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received. |
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| 152 | 167 | | |
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| 153 | 168 | | |
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| 154 | 169 | | |
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| 155 | 170 | | 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. |
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| 156 | 171 | | |
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| 157 | 172 | | (b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following: |
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| 158 | 173 | | |
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| 159 | 174 | | (1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler. |
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| 160 | 175 | | |
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| 161 | 176 | | (2) 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. |
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| 162 | 177 | | |
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| 163 | 178 | | (3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter. |
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| 164 | 179 | | |
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| 165 | 180 | | (4) 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. |
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| 166 | 181 | | |
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| 167 | 182 | | (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: |
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| 168 | 183 | | |
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| 169 | 184 | | (1) The name and address of each person to whom the catalytic converter is sold or disposed of. |
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| 170 | 185 | | |
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| 171 | 186 | | (2) The quantity of catalytic converters being sold or shipped. |
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| 172 | 187 | | |
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| 173 | 188 | | (3) The amount that was paid for the catalytic converters sold in the transaction. |
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| 174 | 189 | | |
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| 175 | 190 | | (4) The date of the transaction. |
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| 176 | 191 | | |
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| 177 | 192 | | (5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter. |
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| 178 | 193 | | |
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| 179 | 194 | | (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met: |
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| 180 | 195 | | |
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| 181 | 196 | | (1) The payment is made by any traceable form of payment other than cash and provided to the seller by either of the following: |
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| 182 | 197 | | |
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| 183 | 198 | | (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3). |
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| 184 | 199 | | |
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| 185 | 200 | | (ii) For a seller that is a business, mailed to the sellers business address. |
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| 186 | 201 | | |
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| 187 | 202 | | (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. |
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| 188 | 203 | | |
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| 189 | 204 | | (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. |
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| 190 | 205 | | |
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| 191 | 206 | | (2) At the time of sale, the core recycler obtains a clear photograph or video of the seller. |
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| 192 | 207 | | |
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| 193 | 208 | | (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. |
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| 194 | 209 | | |
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| 195 | 210 | | (B) If the seller prefers to have the payment 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. |
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| 196 | 211 | | |
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| 197 | 212 | | (4) The core recycler obtains a clear photograph or video of the catalytic converter being sold. |
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| 198 | 213 | | |
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| 199 | 214 | | (5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter. |
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| 200 | 215 | | |
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| 201 | 216 | | (6) The seller is a person described in Section 10852.5 of the Vehicle Code. |
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| 202 | 217 | | |
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| 203 | 218 | | (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, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received. |
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| 204 | 219 | | |
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| 205 | 220 | | (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: |
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| 206 | 221 | | |
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| 207 | 222 | | (1) Name of seller or agent acting on behalf of the seller. |
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| 208 | 223 | | |
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| 209 | 224 | | (2) Date of transaction. |
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| 210 | 225 | | |
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| 211 | 226 | | (3) Number of catalytic converters received in the course of the transaction. |
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| 212 | 227 | | |
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| 213 | 228 | | (4) Amount of money that was paid for catalytic converters in the course of the transaction. |
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| 214 | 229 | | |
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| 215 | 230 | | (5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter. |
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| 216 | 231 | | |
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| 217 | 232 | | (g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years. |
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| 218 | 233 | | |
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| 219 | 234 | | (h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand. |
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| 220 | 235 | | |
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| 221 | 236 | | (i) 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. |
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| 222 | 237 | | |
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| 223 | 238 | | (j) A person who violates the requirements of this section is guilty of a misdemeanor. |
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| 224 | 239 | | |
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| 225 | 240 | | (k) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows: |
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| 226 | 241 | | |
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| 227 | 242 | | (1) For a first conviction, by a fine of one thousand dollars ($1,000). |
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| 228 | 243 | | |
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| 229 | 244 | | (2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000). |
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| 230 | 245 | | |
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| 231 | 246 | | (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. |
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| 232 | 247 | | |
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| 233 | 248 | | (3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000). |
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| 234 | 249 | | |
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| 235 | 250 | | (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. |
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| 236 | 251 | | |
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| 237 | 252 | | (l) 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 not apply to a core recycler who holds a written agreement with a business or recycler regarding the transaction, provided that any such written agreement also includes a log or other regularly updated record of each individual catalytic converter received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, to reasonably be able to match any catalytic converter in the core recyclers inventory to the written agreement under which it was received. |
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| 238 | 253 | | |
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| 239 | 254 | | SEC. 1.2. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 240 | 255 | | |
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| 241 | 256 | | SEC. 1.2. Section 21610 of the Business and Professions Code is amended to read: |
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| 242 | 257 | | |
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| 243 | 258 | | ### SEC. 1.2. |
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| 244 | 259 | | |
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| 245 | 260 | | 21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 246 | 261 | | |
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| 247 | 262 | | 21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 248 | 263 | | |
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| 249 | 264 | | 21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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 commercial enterprise, 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 commercial enterprise 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 250 | 265 | | |
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| 251 | 266 | | |
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| 252 | 267 | | |
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| 253 | 268 | | 21610. (a) For the purposes of this section, the following terms have the following meanings: |
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| 254 | 269 | | |
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| 255 | 270 | | (1) 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. |
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| 256 | 271 | | |
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| 257 | 272 | | (2) Commercial enterprise includes any of the following: |
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| 258 | 273 | | |
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| 259 | 274 | | (A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code. |
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| 260 | 275 | | |
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| 261 | 276 | | (B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section. |
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| 262 | 277 | | |
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| 263 | 278 | | (C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code. |
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| 264 | 279 | | |
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| 265 | 280 | | (D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3. |
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| 266 | 281 | | |
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| 267 | 282 | | (E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters. |
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| 268 | 283 | | |
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| 269 | 284 | | (b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following: |
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| 270 | 285 | | |
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| 271 | 286 | | (1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler. |
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| 272 | 287 | | |
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| 273 | 288 | | (2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise. |
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| 274 | 289 | | |
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| 275 | 290 | | (3) 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 year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed. |
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| 276 | 291 | | |
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| 277 | 292 | | (4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document. |
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| 278 | 293 | | |
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| 279 | 294 | | (5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter. |
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| 280 | 295 | | |
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| 281 | 296 | | (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: |
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| 282 | 297 | | |
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| 283 | 298 | | (1) The name and address of each person to whom the catalytic converter is sold or disposed of. |
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| 284 | 299 | | |
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| 285 | 300 | | (2) The quantity of catalytic converters being sold or shipped. |
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| 286 | 301 | | |
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| 287 | 302 | | (3) The amount that was paid for the catalytic converters sold in the transaction. |
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| 288 | 303 | | |
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| 289 | 304 | | (4) The date of the transaction. |
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| 290 | 305 | | |
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| 291 | 306 | | (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met: |
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| 292 | 307 | | |
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| 293 | 308 | | (1) The payment is made by check and provided to the seller by either of the following: |
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| 294 | 309 | | |
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| 295 | 310 | | (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3). |
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| 296 | 311 | | |
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| 297 | 312 | | (ii) For a seller that is a commercial enterprise, mailed to the sellers business address. |
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| 298 | 313 | | |
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| 299 | 314 | | (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. |
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| 300 | 315 | | |
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| 301 | 316 | | (ii) A seller that is a commercial enterprise may receive immediate payment by check or by debit card or credit card. |
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| 302 | 317 | | |
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| 303 | 318 | | (2) At the time of sale, the core recycler obtains a clear photograph or video of the seller. |
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| 304 | 319 | | |
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| 305 | 320 | | (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. |
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| 306 | 321 | | |
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| 307 | 322 | | (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. |
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| 308 | 323 | | |
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| 309 | 324 | | (4) The core recycler obtains a clear photograph or video of the catalytic converter being sold. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number. |
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| 310 | 325 | | |
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| 311 | 326 | | (5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter. |
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| 312 | 327 | | |
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| 313 | 328 | | (6) The seller is a person described in Section 10852.5 of the Vehicle Code. |
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| 314 | 329 | | |
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| 315 | 330 | | (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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 316 | 331 | | |
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| 317 | 332 | | (f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information: |
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| 318 | 333 | | |
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| 319 | 334 | | (1) Name of seller or agent acting on behalf of the seller. |
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| 320 | 335 | | |
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| 321 | 336 | | (2) The sellers physical business address and business telephone number. |
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| 322 | 337 | | |
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| 323 | 338 | | (3) The sellers business license number or tax identification number. |
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| 324 | 339 | | |
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| 325 | 340 | | (4) Date of transaction. |
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| 326 | 341 | | |
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| 327 | 342 | | (5) Number of catalytic converters received in the course of the transaction. |
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| 328 | 343 | | |
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| 329 | 344 | | (6) Amount of money that was paid for catalytic converters in the course of the transaction. |
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| 330 | 345 | | |
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| 331 | 346 | | (7) A copy of the written agreement. |
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| 332 | 347 | | |
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| 333 | 348 | | (g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years. |
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| 334 | 349 | | |
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| 335 | 350 | | (h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand. |
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| 336 | 351 | | |
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| 337 | 352 | | (i) 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. |
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| 338 | 353 | | |
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| 339 | 354 | | (j) A person who violates the requirements of this section is guilty of a misdemeanor. |
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| 340 | 355 | | |
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| 341 | 356 | | (k) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows: |
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| 342 | 357 | | |
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| 343 | 358 | | (1) For a first conviction, by a fine of one thousand dollars ($1,000). |
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| 344 | 359 | | |
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| 345 | 360 | | (2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000). |
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| 346 | 361 | | |
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| 347 | 362 | | (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. |
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| 348 | 363 | | |
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| 349 | 364 | | (3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000). |
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| 350 | 365 | | |
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| 351 | 366 | | (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. |
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| 352 | 367 | | |
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| 353 | 368 | | (l) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 354 | 369 | | |
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| 355 | 370 | | SEC. 1.3. Section 21610 of the Business and Professions Code is amended to read:21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 356 | 371 | | |
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| 357 | 372 | | SEC. 1.3. Section 21610 of the Business and Professions Code is amended to read: |
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| 358 | 373 | | |
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| 359 | 374 | | ### SEC. 1.3. |
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| 360 | 375 | | |
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| 361 | 376 | | 21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
|---|
| 362 | 377 | | |
|---|
| 363 | 378 | | 21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 364 | 379 | | |
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| 365 | 380 | | 21610. (a) For the purposes of this section, the following terms have the following meanings:(1) 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.(2) Commercial enterprise includes any of the following:(A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code.(B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section.(C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code.(D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3.(E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following:(1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler.(2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise.(3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document.(5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter.(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.(5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(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 any traceable form of payment other than cash 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 commercial enterprise, 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 commercial enterprise 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 payment 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. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number.(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) The seller is a person described in Section 10852.5 of the Vehicle Code.(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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement.(f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises 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) The sellers physical business address and business telephone number.(3) The sellers business license number or tax identification number.(4) Date of transaction.(5) Number of catalytic converters received in the course of the transaction.(6) Amount of money that was paid for catalytic converters in the course of the transaction.(7) A copy of the written agreement.(8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter.(g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years.(h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand.(i) 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) A person who violates the requirements of this section is guilty of a misdemeanor.(k) 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) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 366 | 381 | | |
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| 367 | 382 | | |
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| 368 | 383 | | |
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| 369 | 384 | | 21610. (a) For the purposes of this section, the following terms have the following meanings: |
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| 370 | 385 | | |
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| 371 | 386 | | (1) 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. |
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| 372 | 387 | | |
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| 373 | 388 | | (2) Commercial enterprise includes any of the following: |
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| 374 | 389 | | |
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| 375 | 390 | | (A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code. |
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| 376 | 391 | | |
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| 377 | 392 | | (B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section. |
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| 378 | 393 | | |
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| 379 | 394 | | (C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code. |
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| 380 | 395 | | |
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| 381 | 396 | | (D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3. |
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| 382 | 397 | | |
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| 383 | 398 | | (E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters. |
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| 384 | 399 | | |
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| 385 | 400 | | (b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following: |
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| 386 | 401 | | |
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| 387 | 402 | | (1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler. |
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| 388 | 403 | | |
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| 389 | 404 | | (2) 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 commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise. |
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| 390 | 405 | | |
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| 391 | 406 | | (3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed, and any unique identification number, vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter. |
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| 392 | 407 | | |
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| 393 | 408 | | (4) 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 the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document. |
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| 394 | 409 | | |
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| 395 | 410 | | (5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter. |
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| 396 | 411 | | |
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| 397 | 412 | | (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: |
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| 398 | 413 | | |
|---|
| 399 | 414 | | (1) The name and address of each person to whom the catalytic converter is sold or disposed of. |
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| 400 | 415 | | |
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| 401 | 416 | | (2) The quantity of catalytic converters being sold or shipped. |
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| 402 | 417 | | |
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| 403 | 418 | | (3) The amount that was paid for the catalytic converters sold in the transaction. |
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| 404 | 419 | | |
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| 405 | 420 | | (4) The date of the transaction. |
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| 406 | 421 | | |
|---|
| 407 | 422 | | (5) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter. |
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| 408 | 423 | | |
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| 409 | 424 | | (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met: |
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| 410 | 425 | | |
|---|
| 411 | 426 | | (1) The payment is made by any traceable form of payment other than cash and provided to the seller by either of the following: |
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| 412 | 427 | | |
|---|
| 413 | 428 | | (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3). |
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| 414 | 429 | | |
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| 415 | 430 | | (ii) For a seller that is a commercial enterprise, mailed to the sellers business address. |
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| 416 | 431 | | |
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| 417 | 432 | | (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. |
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| 418 | 433 | | |
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| 419 | 434 | | (ii) A seller that is a commercial enterprise may receive immediate payment by check or by debit card or credit card. |
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| 420 | 435 | | |
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| 421 | 436 | | (2) At the time of sale, the core recycler obtains a clear photograph or video of the seller. |
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| 422 | 437 | | |
|---|
| 423 | 438 | | (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. |
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| 424 | 439 | | |
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| 425 | 440 | | (B) If the seller prefers to have the payment 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. |
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| 426 | 441 | | |
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| 427 | 442 | | (4) The core recycler obtains a clear photograph or video of the catalytic converter being sold. If applicable, the photograph or video shall capture the permanent marking of the vehicle identification number. |
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| 428 | 443 | | |
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| 429 | 444 | | (5) At the time of sale, the core recycler obtains a written statement from the seller indicating how the seller obtained the catalytic converter. |
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| 430 | 445 | | |
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| 431 | 446 | | (6) The seller is a person described in Section 10852.5 of the Vehicle Code. |
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| 432 | 447 | | |
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| 433 | 448 | | (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, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 434 | 449 | | |
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| 435 | 450 | | (f) Notwithstanding subdivision (b), core recyclers accepting catalytic converters from commercial enterprises who hold a written agreement with a business that sells catalytic converters for recycling purposes are required to collect only the following information: |
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| 436 | 451 | | |
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| 437 | 452 | | (1) Name of seller or agent acting on behalf of the seller. |
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| 438 | 453 | | |
|---|
| 439 | 454 | | (2) The sellers physical business address and business telephone number. |
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| 440 | 455 | | |
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| 441 | 456 | | (3) The sellers business license number or tax identification number. |
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| 442 | 457 | | |
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| 443 | 458 | | (4) Date of transaction. |
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| 444 | 459 | | |
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| 445 | 460 | | (5) Number of catalytic converters received in the course of the transaction. |
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| 446 | 461 | | |
|---|
| 447 | 462 | | (6) Amount of money that was paid for catalytic converters in the course of the transaction. |
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| 448 | 463 | | |
|---|
| 449 | 464 | | (7) A copy of the written agreement. |
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| 450 | 465 | | |
|---|
| 451 | 466 | | (8) A description of the catalytic converters including any unique identification number, the vehicle identification number, or any other identifying information etched, engraved, or otherwise permanently marked on the catalytic converter. |
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| 452 | 467 | | |
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| 453 | 468 | | (g) A core recycler shall keep and maintain the information required pursuant to this section for not less than two years. |
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| 454 | 469 | | |
|---|
| 455 | 470 | | (h) A core recycler shall make the information required pursuant to this section available for inspection by local law enforcement upon demand. |
|---|
| 456 | 471 | | |
|---|
| 457 | 472 | | (i) 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. |
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| 458 | 473 | | |
|---|
| 459 | 474 | | (j) A person who violates the requirements of this section is guilty of a misdemeanor. |
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| 460 | 475 | | |
|---|
| 461 | 476 | | (k) Upon conviction, a person who knowingly and willfully violates the requirements of this section shall be punished as follows: |
|---|
| 462 | 477 | | |
|---|
| 463 | 478 | | (1) For a first conviction, by a fine of one thousand dollars ($1,000). |
|---|
| 464 | 479 | | |
|---|
| 465 | 480 | | (2) (A) For a second conviction, by a fine of not less than two thousand dollars ($2,000). |
|---|
| 466 | 481 | | |
|---|
| 467 | 482 | | (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. |
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| 468 | 483 | | |
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| 469 | 484 | | (3) (A) For a third and subsequent conviction, by a fine of not less than four thousand dollars ($4,000). |
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| 470 | 485 | | |
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| 471 | 486 | | (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. |
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| 472 | 487 | | |
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| 473 | 488 | | (l) 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 subdivisions (f) to (j), inclusive, this section does not apply to a core recycler who holds a written agreement with a commercial enterprise regarding the transactions, provided that the written agreement includes a log or other regularly updated record of all catalytic converters received pursuant to the agreement that describes each catalytic converter with sufficient particularity, including any identification numbers or markings, so that each of those catalytic converters in the core recyclers inventory can reasonably be matched to its description in the agreement. |
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| 474 | 489 | | |
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| 475 | 490 | | SEC. 2. Section 10852.5 is added to the Vehicle Code, to read:10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000). |
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| 476 | 491 | | |
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| 477 | 492 | | SEC. 2. Section 10852.5 is added to the Vehicle Code, to read: |
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| 478 | 493 | | |
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| 479 | 494 | | ### SEC. 2. |
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| 480 | 495 | | |
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| 481 | 496 | | 10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000). |
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| 482 | 497 | | |
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| 483 | 498 | | 10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000). |
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| 484 | 499 | | |
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| 485 | 500 | | 10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following:(1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5.(2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section.(3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100).(4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code.(5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters.(6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter.(b) As used in this section, the following terms have the following meanings:(1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter.(2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail.(c) A violation of this section is punishable as an infraction by a fine, as follows:(1) For a first offense, by a fine of one thousand dollars ($1,000).(2) For a second offense, by a fine of two thousand dollars ($2,000).(3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000). |
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| 486 | 501 | | |
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| 487 | 502 | | |
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| 488 | 503 | | |
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| 489 | 504 | | 10852.5. (a) No person shall purchase a used catalytic converter, including for the purpose of dismantling, recycling, or smelting, except from any of the following: |
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| 490 | 505 | | |
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| 491 | 506 | | (1) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5. |
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| 492 | 507 | | |
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| 493 | 508 | | (2) A core recycler, as defined in Section 21610 of the Business and Professions Code, that maintains a fixed place of business and has obtained the catalytic converter pursuant to that section. |
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| 494 | 509 | | |
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| 495 | 510 | | (3) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100). |
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| 496 | 511 | | |
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| 497 | 512 | | (4) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code. |
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| 498 | 513 | | |
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| 499 | 514 | | (5) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters. |
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| 500 | 515 | | |
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| 501 | 516 | | (6) An individual possessing documentation that they are the lawful owner of the used catalytic converter, including, but not limited to, a certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, and that includes a vehicle identification number that matches the vehicle identification number permanently marked on the catalytic converter. |
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| 502 | 517 | | |
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| 503 | 518 | | (b) As used in this section, the following terms have the following meanings: |
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| 504 | 519 | | |
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| 505 | 520 | | (1) Permanently marked means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter. |
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| 506 | 521 | | |
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| 507 | 522 | | (2) Used catalytic converter means a catalytic converter that has been previously installed on a vehicle and has been detached. It does not include a reconditioned or refurbished catalytic converter being sold at retail. |
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| 508 | 523 | | |
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| 509 | 524 | | (c) A violation of this section is punishable as an infraction by a fine, as follows: |
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| 510 | 525 | | |
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| 511 | 526 | | (1) For a first offense, by a fine of one thousand dollars ($1,000). |
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| 512 | 527 | | |
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| 513 | 528 | | (2) For a second offense, by a fine of two thousand dollars ($2,000). |
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| 514 | 529 | | |
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| 515 | 530 | | (3) For a third or subsequent offense, by a fine of four thousand dollars ($4,000). |
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| 516 | 531 | | |
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| 517 | 532 | | SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Senate Bill 986. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Assembly Bill 1740 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 986, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.(b) Section 1.2 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Assembly Bill 1740. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Senate Bill 986 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1740 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.(c) Section 1.3 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by this bill, Senate Bill 986, and Assembly Bill 1740. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 21610 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 986 and Assembly Bill 1740, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. |
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| 518 | 533 | | |
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| 519 | 534 | | SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Senate Bill 986. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Assembly Bill 1740 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 986, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.(b) Section 1.2 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Assembly Bill 1740. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Senate Bill 986 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1740 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.(c) Section 1.3 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by this bill, Senate Bill 986, and Assembly Bill 1740. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 21610 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 986 and Assembly Bill 1740, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. |
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| 520 | 535 | | |
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| 521 | 536 | | SEC. 3. (a) Section 1.1 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Senate Bill 986. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Assembly Bill 1740 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 986, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. |
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| 522 | 537 | | |
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| 523 | 538 | | ### SEC. 3. |
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| 524 | 539 | | |
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| 525 | 540 | | (b) Section 1.2 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by both this bill and Assembly Bill 1740. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 21610 of the Business and Professions Code, (3) Senate Bill 986 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1740 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. |
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| 526 | 541 | | |
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| 527 | 542 | | (c) Section 1.3 of this bill incorporates amendments to Section 21610 of the Business and Professions Code proposed by this bill, Senate Bill 986, and Assembly Bill 1740. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 21610 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 986 and Assembly Bill 1740, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. |
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| 528 | 543 | | |
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| 529 | 544 | | SEC. 4. 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. |
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| 530 | 545 | | |
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| 531 | 546 | | SEC. 4. 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. |
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| 532 | 547 | | |
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| 533 | 548 | | SEC. 4. 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. |
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| 534 | 549 | | |
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| 535 | 550 | | ### SEC. 4. |
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