Amendment vs bill Amendment H2 vs HB 1012

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Stricken language would be deleted from and underlined language would be added to present law.
Hall of the House of Representatives 93rd General Assembly - Regular Session, 2021 Amendment Form ______________________________________________________________________ Subtitle of House Bill No.
State of Arkansas As Engrossed:
1012 TO AMEND ARKANSAS LAW CONCERNING SCRAP METAL DEALERS;
H3/30/21 H4/7/21 S4/22/21 93rd General Assembly A Bill Regular Session, 2021 HOUSE BILL 1012 5 By:
Representative Rye 7 For An Act To Be Entitled AN ACT TO AMEND ARKANSAS LAW CONCERNING SCRAP METAL DEALERS;
TO REQUIRE BUYERS OF USED CATALYTIC CONVERTERS TO MAINTAIN RECORDS;
AND FOR OTHER PURPOSES.
Subtitle TO AMEND ARKANSAS LAW CONCERNING SCRAP METAL DEALERS;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
______________________________________________________________________ Amendment No.
SECTION 1.
2 to House Bill 1012 Amend House Bill No.
Arkansas Code § 17-44-101, concerning definitions used in the chapter concerning scrap metal dealers, is amended to add an additional subdivision to read as follows:
1012 as engrossed H3/30/21 (version:
(10) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines.
03/30/2021 10:24:04 AM):
SECTION 2.
Delete Representative Beck as a cosponsor of the bill AND Page 2, line 22, delete "converter:" and substitute "converter other than a scrap metal recycler:" AND Page 2, delete line 36, and substitute the following:
Arkansas Code § 17-44-102(d)(10)(A), concerning records required by scrap metal dealers, is amended to read as follows:
"by scrap metal recyclers.
(10)(A) A clearly identifiable date-and-time-stamped digital photograph of the:
(i) Seller;
and The seller;
(ii) Scrap The scrap metal in the form in which it was purchased;
and *MLD044* 04-22-2021 13:30:38 MLD044 As Engrossed:
H3/30/21 H4/7/21 S4/22/21 HB1012 (iii) A catalytic converter, if any.
3 SECTION 3.
Arkansas Code Title 17, Chapter 44, Subchapter 1, is amended to add an additional section to read as follows:
17-44-109.
Buyer of used catalytic converter.
(a)(1) A buyer of a used catalytic converter other than a scrap metal recycler shall file an electronic record of the used catalytic converter purchase.
(2) An electronic record under subdivision (a)(1) of this section is not required if:
(A) A used catalytic converter is sold as a vehicle repair part in compliance with United States Environmental Protection Agency policy.
(B)(i) The used catalytic converter is marked with the date the converter was removed from the vehicle.
(ii) The marking may be made in any permanent manner, including but not limited to engraving or use of permanent ink.
(iii) The marking must clearly and legibly indicate the date the catalytic converter was removed from the vehicle.
(C)(i) The vehicle identification number of the vehicle from which the converter was removed or an alternative number to the vehicle identification number is marked on the catalytic converter.
(ii) If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement.
(iii) The marking may be made in any permanent manner, including but not limited to engraving or use of permanent ink.
(iv) The marking must clearly and legibly indicate the vehicle identification number or the alternative number the catalytic converter was removed from the vehicle.
(3) The electronic record shall be entered into the database established under § 17-44-102 within twenty-four (24) hours of a purchase of a used catalytic converter.
(4) The electronic record shall contain the following information:
(A) The name and home address of the buyer;
(B) The name and home address of the seller;
04-22-2021 13:30:38 MLD044 As Engrossed:
H3/30/21 H4/7/21 S4/22/21 HB1012 (C) The license plate of the seller's vehicle;
(D) The seller's driver's license number or number from a different form of government-issued photo identification;
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(E) The number of used catalytic converters purchased;
and (F) A photo of the used catalytic converter or used catalytic converters purchased.
(b) The buyer of a used catalytic converter other than a scrap metal recycler:
(1) Shall maintain a receipt of the electronic record entry as a record of the purchase of a used catalytic converter;
and (2) Is subject to the penalties under § 17-44-102(f)(2)(B) for failure to file an electronic report of the purchase of a used catalytic converter.
(c) The records required under this section shall be:
(1) Kept for a period of one (1) year;
(2) Made available to any law enforcement agency of the State of Arkansas or Arkansas municipality or county;
and (3) Available for use in any legal proceeding.
(d) The database used to file and store the electronic records under this section shall be the same database established under § 17-44-102 and provide a public portal to enter the electronic record in the database used by scrap metal recyclers.
04-22-2021 13:30:38 MLD044 As Engrossed:
(5) A buyer of used catalytic converters shall have the ability to comply with online reporting as required by this section.
H3/30/21 H4/7/21 S4/22/21 HB1012 (5) A buyer of used catalytic converters shall have the ability to comply with online reporting as required by this section.
(6) Registration under this subsection may be suspended or revoked by a court having jurisdiction if the prosecuting attorney shows in a *.MLD312* MLD312 - 04-06-2021 16:04:09 Page 1 of 2 civil action that the buyer of used catalytic converters has failed to comply with the requirements of this section.
(6) Registration under this subsection may be suspended or revoked by a court having jurisdiction if the prosecuting attorney shows in a civil action that the buyer of used catalytic converters has failed to comply with the requirements of this section.
(3) A third or subsequent violation is a Class D felony.
(3) A third or subsequent violation is a Class D felony." The Amendment was read ________________________________________________________________________________ By:
/s/Rye 4 04-22-2021 13:30:38 MLD044
Representative Rye MLD/MLD - 04-06-2021 16:04:09 _________________________ MLD312 Chief Clerk MLD312 - 04-06-2021 16:04Amendment No.
___ to HB1012 Page 2 of 2