Bill Text: CA SB627 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 627	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Calderon

                        FEBRUARY 27, 2009

   An act to add Section 11542 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 627, as amended, Calderon. Vehicles: catalytic converters: junk
dealers and recyclers.
   (1) Existing law requires a person who is engaged in the business
of buying, selling, or dealing in integral parts of, or component
materials of, a vehicle, or deals in used motor vehicle parts to
obtain a license from the Department of Motor Vehicles. A violation
of this provision is a crime.
   This bill would  prohibit   require  a
recycler or  a junk dealer from accepting a  
core recycler that accepts  catalytic  converter unless
the recycler or junk dealer is also a licensed automobile dismantler
  converters to maintain specified information regarding
the purchase and sale of the catalytic converters for not less than
2 years. The recycler or core recycler would be required 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
 this prohibition   these requirements  is
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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11542 is added to the Vehicle Code, to read:

   11542.  A recycler, as defined in subdivision (b) of Section 21605
of the Business and Professions Code, or a junk dealer, as defined
in Section 21601 of the Business and Professions Code, shall not
accept a catalytic converter unless the recycler or junk dealer is
also an automobile dismantler licensed pursuant to this chapter.

    11542.   (a) For the purposes of this section, the
following terms have the following meanings:
   (1) "Core recycler" means a person or business that buys used
individual catalytic converters, transmissions, or other parts
previously removed from a vehicle. A person or business that buys a
vehicle that may contain these parts is not a core recycler.
   (2) "Recycler" has the same meaning as that set forth in
subdivision (b) of Section 21605 of the Business and Professions
Code.
   (b) A recycler or 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 in conduct of his
or her business as a recycler or 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 recycler's or core recycler's place of business.
   (3) A description of the catalytic converters purchased or sold,
including the item type and quantity, and identification number, if
any.
   (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 recycler or 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 recycler or 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.
   (2) At the time of sale, the recycler or core recycler obtains a
clear photograph or video of the seller.
   (3) (A) Except as provided in subparagraph (B), the recycler or
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 recycler or 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 recycler or core recycler obtains a clear photograph or
video of the catalytic converter being sold.
   (e) A recycler or core recycler shall keep and maintain the
information required pursuant to this section for not less than two
years.
   (f) A recycler or core recycler shall make the information
required pursuant to this section available for inspection by local
law enforcement upon demand.
   (g) 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.
   (h) A person who violates the requirements of this section is
guilty of a misdemeanor.
   (i) 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 recycler or 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 recycler or core recycler for a period not less than one year.
  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.