BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 627
                                                                  Page  1

          Date of Hearing:   July 15, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 627 (Calderon) - As Amended:  July 7, 2009 

          Policy Committee:                              Business and  
          Professions  Vote:                            10 - 0 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires core recyclers to comply with additional  
          recordkeeping and identification procedures and new payment  
          restrictions when purchasing catalytic converters.   
          Specifically, this bill: 

          1)Requires a core recycler to maintain a written record for two  
            years of the place and date of purchase, the name and  
            identification of the seller of the converter, the vehicle  
            license number of the car, and other information about the  
            purchase and sale of the catalytic converter.

          2)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 three days after  
            the date of sale, and the core recycler obtains a photo or  
            video of the seller (unless the seller is a business), a  
            written statement regarding the origin of the catalytic  
            converter, and other identifying information.

          3)Defines a core recycler as 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. 

          4)States that a person who makes false statements regarding the  
            information required by this legislation is guilty of a  
            misdemeanor, punishable by a fine of $1,000 for the first  
            conviction, $2,000 for the second, and $4,000 for the third  
            and subsequent convictions. 








                                                                  SB 627
                                                                  Page  2


           FISCAL EFFECT  


          Potential nonreimbursable costs to local government for  
          additional enforcement, offset to some extent by additional fine  
          revenues. 


           COMMENTS  

           1)Background  . To deter the theft of scrap metals from both  
            public and private property, existing law requires junk  
            dealers and recyclers who purchase scrap metals to collect and  
            maintain certain identifying information from the sellers of  
            these goods. The availability of such records presumably makes  
            it easier for law enforcement to investigate and hopefully  
            resolve a crime. Existing law creates similar requirements for  
            other secondhand dealers, such as pawnbrokers, who also deal  
            with goods that have a greater than average chance of being  
            stolen.

           2)Purpose  . The author is concerned about the continuing theft of  
            scrap metal.  He contends that the theft of scrap metal is one  
            of the fastest growing crimes in California.  He notes that in  
            recent years, the costs of several metals, such as those found  
            in catalytic converters, made the theft and then sale of  
            converters increasingly profitable.  "Thieves prey on parking  
            lots, going from car to car, taking their catalytic  
            converters.  The valuable metals inside (platinum and rhodium  
            being the most common) are then exchanged for money when the  
            thief takes the converters to metal recyclers."

           3)Related Legislation  . SB 691 (Calderon; Chapter 730, Statutes  
            of 2008) requires junk dealers and recyclers to comply with  
            additional recordkeeping and identification procedures and new  
            payment restrictions when purchasing nonferrous materials, as  
            defined.  

            SB 447 (Maldonado; Chapter 732, Statutes of 2008) requires a  
            junk dealer or recycler to report information about each sale  
            or purchase of junk to the chief of police of the city or the   
                    sheriff of the county in which the junk dealer or  
            recycler purchased the junk, in the same manner as required by  
            a secondhand dealer or coin dealer, as specified.








                                                                  SB 627
                                                                  Page  3

           
            AB 1778 (Ma, Chapter 733, Statutes of 2008) prohibits a junk  
            dealer or recycler from providing payment for newspaper valued  
            at $50 or more or California redemption value (CRV) containers  
            valued at $100 or more unless certain requirements are met  
            including payment by check or electronic transfer, and copies  
            of the seller's identification, which must be retained for two  
            years.



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081