Bill Text: CA SB627 | 2009-2010 | Regular Session | Chaptered
Bill Title: Catalytic converters: junk dealers and recyclers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 603, Statutes of 2009. [SB627 Detail]
Download: California-2009-SB627-Chaptered.html
BILL NUMBER: SB 627 CHAPTERED
BILL TEXT
CHAPTER 603
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 31, 2009
PASSED THE ASSEMBLY AUGUST 24, 2009
AMENDED IN ASSEMBLY JULY 16, 2009
AMENDED IN ASSEMBLY JULY 7, 2009
AMENDED IN ASSEMBLY JUNE 22, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Calderon
FEBRUARY 27, 2009
An act to add Section 21610 to the Business and Professions Code,
relating to junk.
LEGISLATIVE COUNSEL'S DIGEST
SB 627, Calderon. Catalytic converters: junk dealers and
recyclers.
(1) Existing law prohibits a junk dealer or recycler from
providing payment for nonferrous material, as defined, unless the
payment is made by cash or check, the check is mailed or the cash or
check is provided no earlier than 3 days after the date of sale, and
the dealer or recycler obtains a photograph or video of the seller
and certain other identifying information, as specified, which
information is to be retained by the dealer or recycler for 2 years.
Existing law requires a junk dealer or recycler to allow for periodic
inspection of any premises maintained for purposes of determining
compliance with the recordkeeping requirements, and, upon inspection,
to produce his or her sales and purchase records.
This bill would require a core recycler, as defined, that accepts,
ships, or sells used catalytic converters to maintain specified
information regarding the purchase and sale of the catalytic
converters for not less than 2 years. The bill would prohibit 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. The bill
would except 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. The bill would apply more limited information
collection requirements to, and provide an exemption from the other
requirements of the bill for, core recyclers accepting catalytic
converters from licensed auto dismantlers or certain recyclers. The
bill would require a core recycler to provide this information for
inspection by local law enforcement upon demand. The bill would
provide that a person who violates these requirements would be guilty
of a misdemeanor and would impose specified punishment upon
conviction. Because a violation of these requirements would be a
crime, the bill would impose a state-mandated local program.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21610 is added to the Business and Professions
Code, 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 his or her business as a core
recycler.
(2) The name, valid driver's 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 recycler's place of business. If the seller is
a business, the written record shall include the name, address, and
telephone number of the business.
(3) A description of the catalytic converters purchased or sold,
including the item type and quantity, amount paid for the catalytic
converter, and identification number, if any, and the vehicle
identification number.
(4) A statement indicating either that the seller of the catalytic
converter is the owner of the catalytic converter, or the name of
the person from whom he or she has obtained the catalytic converter,
including the business, if applicable, as shown on a signed transfer
document.
(c) A core recycler engaged in the selling or shipping of used
catalytic converters to other recyclers or smelters shall retain
information on the sale that includes all of the following:
(1) The name and address of each person to whom the catalytic
converter is sold or disposed of.
(2) The quantity of catalytic converters being sold or shipped.
(3) The amount that was paid for the catalytic converters sold in
the transaction.
(4) The date of the transaction.
(d) A core recycler shall not provide payment for a catalytic
converter unless all of the following requirements are met:
(1) The payment is made by check and provided to the seller by
either of the following:
(A) (i) Except as provided in clause (ii), mailed to the seller at
the address provided pursuant to paragraph (3).
(ii) For a seller that is a business, mailed to the seller's
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 driver's license of the seller or the
seller's agent containing a photograph and an address of the seller
or the seller's agent, or a copy of a state or federal government
issued identification card containing a photograph and an address of
the seller or the seller's agent.
(B) If the seller prefers to have the check for the catalytic
converter mailed to an alternative address, other than a post office
box, the core recycler shall obtain a copy of a driver's 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 seller's driver's 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.
(f) Core recyclers accepting catalytic converters from licensed
auto dismantlers or from recyclers who hold a written agreement with
a business that sells catalytic converters for recycling purposes are
required to collect only the following information:
(1) Name of seller or agent acting on behalf of the seller.
(2) Date of transaction.
(3) Number of catalytic converters received in the course of the
transaction.
(4) Amount of money that was paid for catalytic converters in the
course of the transaction.
(g) A core recycler shall keep and maintain the information
required pursuant to this section for not less than two years.
(h) A core recycler shall make the information required pursuant
to this section available for inspection by local law enforcement
upon demand.
(i) A person who makes, or causes to be made, a false or
fictitious statement regarding any information required pursuant to
this section is guilty of a misdemeanor.
(j) A person who violates the requirements of this section is
guilty of a misdemeanor.
(k) Upon conviction, a person who knowingly and willfully violates
the requirements of this section shall be punished as follows:
(1) For a first conviction, by a fine of one thousand dollars
($1,000).
(2) (A) For a second conviction, by a fine of not less than two
thousand dollars ($2,000).
(B) In addition to the fine imposed pursuant to subparagraph (A),
the court may order the defendant to cease engaging in the business
of a core recycler for a period not to exceed 30 days.
(3) (A) For a third and subsequent conviction, by a fine of not
less than four thousand dollars ($4,000).
(B) In addition to the fine imposed pursuant to subparagraph (A),
the court shall order the defendant to cease engaging in the business
of a core recycler for a period 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.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
