Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1519Introduced by Assembly Member BainsFebruary 17, 2023 An act to add Section 9880.5 to the Business and Professions Code, to add Section 44021 to the Health and Safety Code, and to add Sections 10753 and 24020 10753 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1519, as amended, Bains. Vehicles: catalytic converters.(1)ExistingExisting law licenses and regulates motor vehicle dealers and retail sellers. Existing law prohibits a motor vehicle dealer or retail seller 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 retail seller from selling a vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number (VIN) of the vehicle to which it is attached with a label, as specified. The bill would authorize a dealer or retail seller to impose a reasonable charge on the purchaser of a motor vehicle for complying with this requirement, as specified.A violation of this provision would be punishable by specified fines.(2)ThisThis bill would also prohibit any person, except as exempted, from removing, altering, or obfuscating the VIN vehicle identification number engraved, etched, or otherwise marked on a catalytic converter, or from knowingly possessing a catalytic converter that has been so altered.A violation of these provisions would be punishable as a misdemeanor, as specified.(3)Existing law licenses and regulates automotive repair dealers, as defined.This bill would require any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle to ensure that the catalytic converter is permanently marked with the VIN of the vehicle on which it is being installed with a label or an engraving, etching, or marking, as specified, and would authorize the automotive repair dealer to charge the consumer a reasonable fee, as specified. A violation of this provision would be punishable by specified fines.(4)Existing law licenses and regulates smog check stations.This bill would require a smog check station, as part of any smog check performed on a motor vehicle, to inspect the exterior of the catalytic converter and notify the customer whether or not the catalytic converter is permanently marked, as specified, with the VIN. The bill would require a smog check station to perform only a visual inspection to satisfy this requirement.(5)ByBy creating new crimes, 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 9880.5 is added to the Business and Professions Code, to read:9880.5.(a)Any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle shall ensure that the catalytic converter is permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:(1)A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.(2)Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.(b)An automotive repair dealer may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section.(c)An automotive repair dealer convicted of a violation of subdivision (a) shall be punished as follows:(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).(2)For a separate second violation, by a fine of not less than five hundred dollars ($500).(3)For a separate third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).SEC. 2.Section 44021 is added to the Health and Safety Code, to read:44021.(a)A smog check station shall, as part of any test conducted pursuant to this chapter, inspect the exterior of the catalytic converter, if any, and notify the customer whether or not the catalytic converter is permanently marked, as described in Section 9880.5 of the Business and Professions Code or Section 24020 of the Vehicle Code, with the vehicle identification number of the vehicle being tested.(b)In order to comply with this section, a smog check station shall only perform a visual inspection without any responsibility to remove or disassemble any part of the vehicle if the catalytic converter is not otherwise visible.SEC. 3.SECTION 1. Section 10753 is added to the Vehicle Code, to read:10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).(c) This subdivision does not apply to either of the following:(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).SEC. 4.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 permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:(1)A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.(2)Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.(b)A dealer or person holding a retail sellers permit may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section. The charge shall be separately itemized on the sales or lease contract.(c)A dealer or person holding a retail sellers permit convicted of a violation of subdivision (a) shall be punished as follows:(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).(2)For a second separate violation, by a fine of not less than five hundred dollars ($500).(3)For a third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).(d)Subdivision (a) does not apply to any of the following:(1)A vehicle that is sold by a dealer conducting a wholesale vehicle auction or dealer-to-dealer wholesale transaction.(2)A vehicle sold by a dismantler after being reported for dismantling pursuant to Section 11520.(3)A vehicle sold by or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate issued pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(4)A vehicle equipped with a catalytic converter that is in a location that is not readily accessible and reasonably requires the removal or disassembly of parts of the vehicle to obtain sufficient access to the catalytic converter to comply with the permanent marking requirement described in subdivision (a).SEC. 5.SEC. 2. 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 Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1519Introduced by Assembly Member BainsFebruary 17, 2023 An act to add Section 9880.5 to the Business and Professions Code, to add Section 44021 to the Health and Safety Code, and to add Sections 10753 and 24020 10753 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1519, as amended, Bains. Vehicles: catalytic converters.(1)ExistingExisting law licenses and regulates motor vehicle dealers and retail sellers. Existing law prohibits a motor vehicle dealer or retail seller 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 retail seller from selling a vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number (VIN) of the vehicle to which it is attached with a label, as specified. The bill would authorize a dealer or retail seller to impose a reasonable charge on the purchaser of a motor vehicle for complying with this requirement, as specified.A violation of this provision would be punishable by specified fines.(2)ThisThis bill would also prohibit any person, except as exempted, from removing, altering, or obfuscating the VIN vehicle identification number engraved, etched, or otherwise marked on a catalytic converter, or from knowingly possessing a catalytic converter that has been so altered.A violation of these provisions would be punishable as a misdemeanor, as specified.(3)Existing law licenses and regulates automotive repair dealers, as defined.This bill would require any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle to ensure that the catalytic converter is permanently marked with the VIN of the vehicle on which it is being installed with a label or an engraving, etching, or marking, as specified, and would authorize the automotive repair dealer to charge the consumer a reasonable fee, as specified. A violation of this provision would be punishable by specified fines.(4)Existing law licenses and regulates smog check stations.This bill would require a smog check station, as part of any smog check performed on a motor vehicle, to inspect the exterior of the catalytic converter and notify the customer whether or not the catalytic converter is permanently marked, as specified, with the VIN. The bill would require a smog check station to perform only a visual inspection to satisfy this requirement.(5)ByBy creating new crimes, 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 Assembly March 20, 2023
Amended IN Assembly March 20, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1519
Introduced by Assembly Member BainsFebruary 17, 2023
Introduced by Assembly Member Bains
February 17, 2023
An act to add Section 9880.5 to the Business and Professions Code, to add Section 44021 to the Health and Safety Code, and to add Sections 10753 and 24020 10753 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1519, as amended, Bains. Vehicles: catalytic converters.
(1)ExistingExisting law licenses and regulates motor vehicle dealers and retail sellers. Existing law prohibits a motor vehicle dealer or retail seller 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 retail seller from selling a vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number (VIN) of the vehicle to which it is attached with a label, as specified. The bill would authorize a dealer or retail seller to impose a reasonable charge on the purchaser of a motor vehicle for complying with this requirement, as specified.A violation of this provision would be punishable by specified fines.(2)ThisThis bill would also prohibit any person, except as exempted, from removing, altering, or obfuscating the VIN vehicle identification number engraved, etched, or otherwise marked on a catalytic converter, or from knowingly possessing a catalytic converter that has been so altered.A violation of these provisions would be punishable as a misdemeanor, as specified.(3)Existing law licenses and regulates automotive repair dealers, as defined.This bill would require any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle to ensure that the catalytic converter is permanently marked with the VIN of the vehicle on which it is being installed with a label or an engraving, etching, or marking, as specified, and would authorize the automotive repair dealer to charge the consumer a reasonable fee, as specified. A violation of this provision would be punishable by specified fines.(4)Existing law licenses and regulates smog check stations.This bill would require a smog check station, as part of any smog check performed on a motor vehicle, to inspect the exterior of the catalytic converter and notify the customer whether or not the catalytic converter is permanently marked, as specified, with the VIN. The bill would require a smog check station to perform only a visual inspection to satisfy this requirement.(5)ByBy creating new crimes, 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.
(1)Existing
Existing law licenses and regulates motor vehicle dealers and retail sellers. Existing law prohibits a motor vehicle dealer or retail seller 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 retail seller from selling a vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number (VIN) of the vehicle to which it is attached with a label, as specified. The bill would authorize a dealer or retail seller to impose a reasonable charge on the purchaser of a motor vehicle for complying with this requirement, as specified.
A violation of this provision would be punishable by specified fines.
(2)This
This bill would also prohibit any person, except as exempted, from removing, altering, or obfuscating the VIN vehicle identification number engraved, etched, or otherwise marked on a catalytic converter, or from knowingly possessing a catalytic converter that has been so altered.
A violation of these provisions would be punishable as a misdemeanor, as specified.
(3)Existing law licenses and regulates automotive repair dealers, as defined.
This bill would require any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle to ensure that the catalytic converter is permanently marked with the VIN of the vehicle on which it is being installed with a label or an engraving, etching, or marking, as specified, and would authorize the automotive repair dealer to charge the consumer a reasonable fee, as specified. A violation of this provision would be punishable by specified fines.
(4)Existing law licenses and regulates smog check stations.
This bill would require a smog check station, as part of any smog check performed on a motor vehicle, to inspect the exterior of the catalytic converter and notify the customer whether or not the catalytic converter is permanently marked, as specified, with the VIN. The bill would require a smog check station to perform only a visual inspection to satisfy this requirement.
(5)By
By creating new crimes, 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 9880.5 is added to the Business and Professions Code, to read:9880.5.(a)Any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle shall ensure that the catalytic converter is permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:(1)A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.(2)Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.(b)An automotive repair dealer may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section.(c)An automotive repair dealer convicted of a violation of subdivision (a) shall be punished as follows:(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).(2)For a separate second violation, by a fine of not less than five hundred dollars ($500).(3)For a separate third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).SEC. 2.Section 44021 is added to the Health and Safety Code, to read:44021.(a)A smog check station shall, as part of any test conducted pursuant to this chapter, inspect the exterior of the catalytic converter, if any, and notify the customer whether or not the catalytic converter is permanently marked, as described in Section 9880.5 of the Business and Professions Code or Section 24020 of the Vehicle Code, with the vehicle identification number of the vehicle being tested.(b)In order to comply with this section, a smog check station shall only perform a visual inspection without any responsibility to remove or disassemble any part of the vehicle if the catalytic converter is not otherwise visible.SEC. 3.SECTION 1. Section 10753 is added to the Vehicle Code, to read:10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).(c) This subdivision does not apply to either of the following:(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).SEC. 4.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 permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:(1)A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.(2)Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.(b)A dealer or person holding a retail sellers permit may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section. The charge shall be separately itemized on the sales or lease contract.(c)A dealer or person holding a retail sellers permit convicted of a violation of subdivision (a) shall be punished as follows:(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).(2)For a second separate violation, by a fine of not less than five hundred dollars ($500).(3)For a third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).(d)Subdivision (a) does not apply to any of the following:(1)A vehicle that is sold by a dealer conducting a wholesale vehicle auction or dealer-to-dealer wholesale transaction.(2)A vehicle sold by a dismantler after being reported for dismantling pursuant to Section 11520.(3)A vehicle sold by or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate issued pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.(4)A vehicle equipped with a catalytic converter that is in a location that is not readily accessible and reasonably requires the removal or disassembly of parts of the vehicle to obtain sufficient access to the catalytic converter to comply with the permanent marking requirement described in subdivision (a).SEC. 5.SEC. 2. 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:
(a)Any automotive repair dealer that installs or replaces a catalytic converter on a motor vehicle shall ensure that the catalytic converter is permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:
(1)A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.
(2)Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.
(b)An automotive repair dealer may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section.
(c)An automotive repair dealer convicted of a violation of subdivision (a) shall be punished as follows:
(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).
(2)For a separate second violation, by a fine of not less than five hundred dollars ($500).
(3)For a separate third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).
(a)A smog check station shall, as part of any test conducted pursuant to this chapter, inspect the exterior of the catalytic converter, if any, and notify the customer whether or not the catalytic converter is permanently marked, as described in Section 9880.5 of the Business and Professions Code or Section 24020 of the Vehicle Code, with the vehicle identification number of the vehicle being tested.
(b)In order to comply with this section, a smog check station shall only perform a visual inspection without any responsibility to remove or disassemble any part of the vehicle if the catalytic converter is not otherwise visible.
SEC. 3.SECTION 1. Section 10753 is added to the Vehicle Code, to read:10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).(c) This subdivision does not apply to either of the following:(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).
SEC. 3.SECTION 1. Section 10753 is added to the Vehicle Code, to read:
### SEC. 3.SECTION 1.
10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).(c) This subdivision does not apply to either of the following:(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).
10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).(c) This subdivision does not apply to either of the following:(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).
10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).(c) This subdivision does not apply to either of the following:(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).
10753. (a) A person shall not remove, alter, or obfuscate any vehicle identification number or other unique marking that has been added to a catalytic converter.
(b) A person shall not knowingly possess any catalytic converter that had a vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).
(c) This subdivision does not apply to either of the following:
(1) A person who is removing, altering, or obfuscating a vehicle identification number or other unique marking in order to apply a new vehicle identification number or unique marking because the catalytic converter is being lawfully installed on a different vehicle.
(2) A person that is disassembling, smelting, or otherwise permanently destroying a catalytic converter lawfully in their possession.
(d) (1) A violation of subdivision (a) is punishable as a misdemeanor.
(2) A violation of subdivision (b) is punishable as a misdemeanor if the person is in possession of three or more catalytic converters that have the vehicle identification number or other unique marking removed, altered, or obfuscated in violation of subdivision (a).
(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 permanently marked with the vehicle identification number of the vehicle on which it is being installed by either of the following:
(1)A label permanently affixed to the catalytic converter, the attempted removal of which shall cause the label to be destroyed by tearing or otherwise rendering the vehicle identification number on the label illegible, and which shall discernibly alter the appearance of the area of the catalytic converter where the label was affixed by leaving residual parts of the label or adhesive in that area as evidence that a label was originally present.
(2)Engraving, etching, or marking the vehicle identification number on the exterior casing of the catalytic converter.
(b)A dealer or person holding a retail sellers permit may impose a reasonable charge to offset the cost of compliance with this section when permanently marking a catalytic converter as described in this section. The charge shall be separately itemized on the sales or lease contract.
(c)A dealer or person holding a retail sellers permit convicted of a violation of subdivision (a) shall be punished as follows:
(1)For the first violation, by a fine of not less than two hundred fifty dollars ($250).
(2)For a second separate violation, by a fine of not less than five hundred dollars ($500).
(3)For a third or subsequent violation, by a fine of not less than one thousand dollars ($1,000).
(d)Subdivision (a) does not apply to any of the following:
(1)A vehicle that is sold by a dealer conducting a wholesale vehicle auction or dealer-to-dealer wholesale transaction.
(2)A vehicle sold by a dismantler after being reported for dismantling pursuant to Section 11520.
(3)A vehicle sold by or through a salvage pool after obtaining a salvage certificate pursuant to Section 11515, a nonrepairable vehicle certificate issued pursuant to Section 11515.2, a certificate of title for a vehicle described in subdivision (f) of Section 11515.2, or a similar ownership document issued by another state.
(4)A vehicle equipped with a catalytic converter that is in a location that is not readily accessible and reasonably requires the removal or disassembly of parts of the vehicle to obtain sufficient access to the catalytic converter to comply with the permanent marking requirement described in subdivision (a).
SEC. 5.SEC. 2. 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. 5.SEC. 2. 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. 5.SEC. 2. 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. 5.SEC. 2.