BILL NUMBER: SB 627 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
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. An act to add Section 21610 to the
Business and Professions Code, relating to ju nk.
LEGISLATIVE COUNSEL'S DIGEST
SB 627, as amended, Calderon. Vehicles: catalytic
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. 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 recycler or core
recycler , as defined, that accepts 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 and certain other identifying
information, as specified, which would be required to be retained by
the core recycler for 2 years. The recycler or
bill would require a 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 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.
SECTION 1. Section 21610 is added to the Business and
Professions Code, to read:
21610. (a) For the purposes of this section, the
following terms have the following meanings:
(1) "Core
term "core recycler" means a person or business ,
including a recycler or junk dealer, that buys used
individual catalytic converters, transmissions, or other parts
previously removed from a vehicle. A person or business that buys a
vehicle that may contain these parts is not a core recycler.
(2) "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
of a catalytic converter made in the 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.