Amended IN Senate May 19, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 986Introduced by Senators Umberg and Portantino(Coauthor: Senator Jones)February 14, 2022 An act to amend Section 21610 of the Business and Professions Code, and to add Section 24020 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 986, as amended, Umberg. 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.This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified.Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction.By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.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 any unique identification number, vehicle identification number, or any other identifying information etched or engraved 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 or engraved 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.(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 or engraved 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 transactions, 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. 2. Section 24020 is added to the Vehicle Code, to read:24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.(b) This section does not apply to a collector motor vehicle. any of the following:(1) A collector motor vehicle.(2) A vehicle sold in any of the following circumstances:(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Senate May 19, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 986Introduced by Senators Umberg and Portantino(Coauthor: Senator Jones)February 14, 2022 An act to amend Section 21610 of the Business and Professions Code, and to add Section 24020 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 986, as amended, Umberg. 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.This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified.Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction.By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.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
Amended IN Senate May 19, 2022
Amended IN Senate May 19, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 986
Introduced by Senators Umberg and Portantino(Coauthor: Senator Jones)February 14, 2022
Introduced by Senators Umberg and Portantino(Coauthor: Senator Jones)
February 14, 2022
An act to amend Section 21610 of the Business and Professions Code, and to add Section 24020 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 986, as amended, Umberg. 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.This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified.Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction.By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law 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.
This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified.
Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.
This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction.
By creating a new infraction and expanding the application of an existing misdemeanor, this bill would impose a state-mandated local program.
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
## Bill Text
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 any unique identification number, vehicle identification number, or any other identifying information etched or engraved 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 or engraved 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.(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 or engraved 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 transactions, 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. 2. Section 24020 is added to the Vehicle Code, to read:24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.(b) This section does not apply to a collector motor vehicle. any of the following:(1) A collector motor vehicle.(2) A vehicle sold in any of the following circumstances:(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## 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 any unique identification number, vehicle identification number, or any other identifying information etched or engraved 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 or engraved 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.(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 or engraved 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 transactions, 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.
SECTION 1. Section 21610 of the Business and Professions Code is amended to read:
### SECTION 1.
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 or engraved 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 or engraved 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.(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 or engraved 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 transactions, 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.
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 or engraved 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 or engraved 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.(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 or engraved 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 transactions, 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.
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 or engraved 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 or engraved 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.(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 or engraved 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 transactions, 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.
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 or engraved 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 or engraved 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.
(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 or engraved 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 transactions, 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. 2. Section 24020 is added to the Vehicle Code, to read:24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.(b) This section does not apply to a collector motor vehicle. any of the following:(1) A collector motor vehicle.(2) A vehicle sold in any of the following circumstances:(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.
SEC. 2. Section 24020 is added to the Vehicle Code, to read:
### SEC. 2.
24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.(b) This section does not apply to a collector motor vehicle. any of the following:(1) A collector motor vehicle.(2) A vehicle sold in any of the following circumstances:(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.
24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.(b) This section does not apply to a collector motor vehicle. any of the following:(1) A collector motor vehicle.(2) A vehicle sold in any of the following circumstances:(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.
24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.(b) This section does not apply to a collector motor vehicle. any of the following:(1) A collector motor vehicle.(2) A vehicle sold in any of the following circumstances:(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.
24020. (a) No dealer or person holding a retail sellers permit shall sell a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number (VIN) of the vehicle to which it is attached.
(b) This section does not apply to a collector motor vehicle. any of the following:
(1) A collector motor vehicle.
(2) A vehicle sold in any of the following circumstances:
(A) By a licensed automobile dismantler after being reported for dismantling pursuant to Section 11520.
(B) By or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515 or subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.
(C) By or through a salvage disposal auction. For purposes of this section, salvage disposal auction means an auction where a person or entity, engaged primarily in the business of selling total loss salvage vehicles on behalf of insurance companies and that has more than eight business locations in California, sells total loss salvage vehicles.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.