HB2087 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3728, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3728. Unlawful purchase or sale of used catalytic converter; classification

A. It is unlawful for a person to purchase or sell a used catalytic converter unless the purchase or sale is in the ordinary course of business by a commercial motor vehicle parts or repair business in connection with the sale or installation of a new catalytic converter.

B. This section does not apply to an automotive recycler as defined and licensed pursuant to title 28, chapter 10 or a scrap metal dealer as defined in section 44‑1641.

C. A violation of this section is a class 1 misdemeanor. END_STATUTE

Sec. 2. Section 44-1321, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1321. Definitions

For the purposes of In this article, unless the context otherwise requires:

1. "Automotive recycler" has the same meaning prescribed in section 28‑4301.

2. "Industrial account" means a person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax license or a governmental entity that sells lead acid batteries to an automotive recycler.

3. "Lead acid battery" means a battery with a core of elemental lead and a capacity of six or more volts which that is suitable for use in a vehicle or a boat.

4. "Peace officer" includes a law enforcement officer who is employed by the department of transportation.

5. "Used automotive components dealer":

(a) Means any business that purchases used components of a motor vehicle with the intent to resell.

(b) Does not include:

(i) An automotive recycler who is licensed pursuant to title 28, chapter 10.

(ii) A lead acid battery seller who is required to accept lead acid batteries pursuant to section 44-1323, subsection A. END_STATUTE

Sec. 3. Section 44-1324, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1324. Civil penalties; environmental nuisance

A person who knowingly violates a provision of this article section 44‑1322 or 44‑1323 is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, article 3, relating to environmental nuisances. Each battery which that is sold, refunded or disposed of improperly or improperly subjected to a fee constitutes a separate violation. END_STATUTE

Sec. 4. Title 44, chapter 9, article 9, Arizona Revised Statutes, is amended by adding sections 44-1325, 44-1326 and 44-1327, to read:

START_STATUTE44-1325. Used automotive components dealers; records of purchase; age requirement for lead acid battery seller

A. Every used automotive components dealer shall keep on the business premises a book or other similar record legibly printed or written in ink and in English of each transaction involving the receipt of two or more lead acid batteries, except if the batteries are a component of a vehicle being purchased. The record of each receipt of lead acid batteries shall include the following information:

1. The date, time and place of the transaction.

2. A photograph and an identifying description of the specific lead acid batteries received.

3. The dollar amount of the transaction.

4. The seller's name, physical description, including gender, height, weight, race and eye and hair color, physical address, date of birth and signature and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military. The used automotive components dealer must validate the recorded information by using the seller's current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

5. The seller's transaction privilege tax number, if applicable.

6. The number and state of issuance of the license on the vehicle used to deliver the lead acid battery.

7. A photograph, video record or digital record of the seller involved in the transaction.

8. A right index fingerprint of the seller.

B. The record and entries shall be retained in a book or similar record at the business premises for one year after making the final entry of any transaction and shall be retained either at the business premises or any other reasonably available location for an additional year. A used automotive components dealer shall not purchase lead acid batteries for which a record is required to be kept by this section in a series of purchases involving less than two batteries to avoid the requirements of this section. A used automotive components dealer's business premises, business records relating to lead acid battery transactions, including a book or similar record prescribed by this section, and business inventory shall be open during regular business hours for reasonable inspection by a peace officer. Before an inspection occurs a peace officer shall identify who the peace officer is and the purpose for the inspection to the used automotive components dealer, the used automotive components dealer's manager or another responsible person and comply with all reasonable and customary safety requirements of that used automotive components dealer for the business premises inspected. The used automotive components dealer may require the peace officer to sign an inspection log that includes the officer's name and serial or badge number and the time, the date and the purpose for the inspection.

C. A used automotive components dealer shall not provide payment for any lead acid batteries on site at the time of the lead acid battery transaction. Payment shall be made by mailing a check or money order to a physical address provided by the seller through a current driver license or other identification prescribed in subsection A, paragraph 4 of this section. The check or money order shall be made payable to the business name for an industrial account. This subsection:

1. Except as provided in paragraph 2 of this subsection, applies to all lead acid battery transactions of three hundred dollars or more.

2. Does not apply to industrial accounts if the industrial accounts annually preregister employees who are authorized sellers on behalf of the industrial accounts.

D. A used automotive components dealer shall provide a receipt to the seller on site at the time of the lead acid battery transaction, for every transaction, and shall include the following information:

1. The date, time and place of the transaction.

2. An identifying description of the specific lead acid battery received.

3. The dollar amount of the transaction.

E. A used automotive components dealer may not conduct a series of transactions for lead acid batteries to avoid the requirements of this section.

F. An individual who is a lead acid battery seller shall not participate in more than one cash transaction per day for lead acid batteries.

G. An individual who is a lead acid battery seller shall be at least sixteen years of age. END_STATUTE

START_STATUTE44-1326. Violation; classification

A used automotive components dealer who fails in any respect to keep a book or similar record prescribed by section 44-1325 or to set out in a book or similar record any matter this article requires or who refuses, on demand of any peace officer of this state, to exhibit a book or similar record, business record, receipt or transaction record, or who knowingly destroys a book or similar record within two years after making the final entry of any transaction or who otherwise fails to comply with this article is guilty of a class 1 misdemeanor. END_STATUTE

START_STATUTE44-1327. Report to the department of public safety; exemption; violation; classification

A. Within twenty-four hours of receipt of Lead acid batteries, except from an industrial account or a used automotive components dealer, for which a record is required to be kept by section 44-1325, a used automotive components dealer shall electronically submit to the department of public safety a record of the receipt of Lead acid batteries. The record shall include the following information:

1. The date, time and place of the transaction.

2. An identifying description of the specific lead acid batteries received including the amount of the transaction or other consideration given.

3. A description of the person delivering the lead acid Batteries to the used automotive components dealer including the person's gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

4. The number and state of issuance of the license on the vehicle used to deliver the Lead acid batteries.

B. The department of public safety shall establish by rule electronic submission standards. The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the used automotive components dealer industry in this state in a manner that will allow the information to be electronically merged with the department of public safety's database. A used automotive components dealer that submits information to the department of public safety pursuant to this section shall not be required to submit the same information to a local law enforcement agency.

C. The department of public safety shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.

D. For transactions with a value over one hundred dollars, a used automotive components dealer shall hold in its custody in the same size, shape and condition in which the Lead acid battery was received on its business premises any lead acid batteries received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.

E. Subsection D of this section does not apply to transactions with industrial accounts or lead acid batteries authorized for release by a peace officer of that jurisdiction.

F. A person who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor. END_STATUTE