From: Marilyn Ezzy Ashcraft
To: Nishant Joshi; Yibin Shen; Eric Levitt; Gerry Beaudin Cc: Lara Weisiger; Sarah Henry
Subject: Fwd: Catalytic converter legislation
Date: Tuesday, March 15, 2022 5:28:54 PM
Hi All,
Sarah compiled this list of pending legislation intended to deter catalytic converter theft that the City plans to support. If it’s OK with you, can we include it as correspondence re this item? I’ll plan to reference it. Thanks.
Marilyn
Marilyn Ezzy Ashcraft
Mayor, City of Alameda
510-747-4745
Begin forwarded message:
From: Sarah Henry <[email protected]>
Date: March 15, 2022 at 2:32:59 PM PDT
To: Marilyn Ezzy Ashcraft <[email protected]> Subject: Catalytic converter legislation
The City’s Legislative Agenda supports legislation that would restrict catalytic converter sales.
Bills the City is planning to support:
AB 2682 (Gray D)
Vehicles: catalytic converters
Summary: Current law licenses and regulates motor vehicle dealers and retail sellers.
Current 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 motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved, etched, or otherwise permanently marked with the vehicle identification number of the vehicle to which it is attached. This bill contains other related provisions and other existing laws.
SB 919 (Jones R)
Vehicles: catalytic converters
Summary: Current law licenses and regulates motor vehicle dealers and retail sellers.
Current 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 motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved, etched, or otherwise permanently marked with the vehicle identification number of the vehicle to which it is attached.
SB 986 (Umberg D)
Vehicles: catalytic converters
Summary: Current law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Current law 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 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. Current law exempts 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.
Current law requires a core recycler to provide this information for inspection by local law enforcement upon demand. This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified.
SB 1087 (Gonzalez D)
Vehicles: catalytic converters.
Summary: Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law 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 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. Existing law exempts 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.
Existing law requires a core recycler to provide this information for inspection by local law enforcement upon demand. A violation of these provisions is punishable as a misdemeanor. This bill would instead of payment by check, require payment by any traceable method, other than cash. The bill would also provide that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified. The bill would also prohibit a core recycler from purchasing a catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. This bill contains other related provisions and other existing laws.
Bills the City has not yet taken a position on:
AB 1659 (Patterson R)
Automobile dismantlers: catalytic converters
Summary: Current law defines an “automobile dismantler” as a person who is engaged in the business of buying, selling, or dealing in vehicles that are required to be registered under the Vehicle Code, for the purpose of dismantling the vehicles, buys or sells the integral parts and component materials of those vehicles, or deals in used motor vehicle parts, as specified. The definition of “automobile dismantler” also includes a person who keeps or maintains on property owned by the person, or under their possession or control, 2 or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways, as specified. Current law makes it a crime for a person to act as an automobile dismantler without having an established place of business, meeting specified requirements, and having a current, valid license or temporary permit issued by the Department of Motor Vehicles. This bill would revise the definition of an automobile dismantler to include a person who keeps or maintains 2 or more used catalytic converters that are not attached to a motor vehicle on property owned by the person, or under their possession or control, for any of the above-described purposes.
--Not yet supporting because this would expand the scope of an existing crime, not restrict sales.
AB 2398 (Villapudua D)
Catalytic converters
Summary: Current law prohibits the removal from a vehicle of any part without the consent of the owner. Current law requires a core recycler who accepts a catalytic converter for recycling to maintain a written record that contains the name and driver’s license number of the seller of the catalytic converter and a statement indicating either that the seller is the owner of the catalytic converter or the name of the person from whom they obtained the catalytic converter, among other requirements. This bill would make the possession of a detached catalytic converter a crime, punishable as a misdemeanor or a felony. The bill would make this crime inapplicable to a person who demonstrates authorization to possess the detached catalytic converter by providing a certificate of title or registration showing the person’s interest in the vehicle from which the catalytic converter was detached, written authorization from the person holding the certificate of title or registration, or evidence that the catalytic converter was acquired in a lawful transaction, as provided. --Not yet supporting because this makes possession punishable as a felony, not restrict sales.
AB 1984 (Choi R)
Vehicles: possession of stolen catalytic converter
Summary: Current law prohibits the buying or receiving of stolen property, as specified.
Existing law prohibits the removal from a vehicle of any part without the consent of the owner. This bill would prohibit the purchase, sale, receipt, or possession of a stolen catalytic converter, as specified. The bill would specify that a peace officer need not have actual knowledge that the catalytic converter is stolen to establish probable cause for arrest, and that in a prosecution of the section, circumstantial evidence may be used to prove the stolen nature of the catalytic converter. --Not yet supporting because this would increase arrests, not restrict sales.