SB 256 — ACT CONCERNING CATALYTIC CONVERTERS.

General Assembly Substitute Senate Bill No.

256 FebruaryPublic Session,Act 2022No. AN ACT CONCERNING THE PURCHASE OR RECEIPT OF CATALYTIC CONVERTERS BY MOTOR VEHICLE RECYCLERS, SCRAP METAL PROCESSORS AND JUNK DEALERS.

22-43 ACT CONCERNING CATALYTIC CONVERTERS.

Such records shall include the make, year, engine number, if any, and identification number of each vehicle, the name and address of the person from whom each vehicle or part was received and to whom each vehicle or part was sold, if a sale occurred, [a copy of the proof provided LCOin \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00256-R01subsection (c) of 8this SB.docxsection in the case of a catalytic converter, and] the date of such receipt and sale, and the records required by Substitute Senate Bill No.

256 insubparagraph subsection(C) (c) of thissubdivision section(2) in the case of asubsection catalytic(c) converter,] and the date of suchthis receiptsection. and sale.

Twice a month, each such licensee shall mail to the Commissioner of Motor Vehicles a list of all motor vehicles received, stating thethemake,year,engine make,number,ifany,andidentificationnumber year, engine number, if any, and identification number of each such vehicle.

A recycler shall report the information contained on such lists to the National Motor Vehicle Title Information System under 49 USC Section 30504.30504, as amended from time to time.

Any such copy received shall be maintained for as long as the junkisonthelicensee'spremises.IftheCommissionerofMotorVehicles determines that information concerning junked motor vehicles required to be reported by a licensee to the National Motor Vehicle Title Information System under 49 USC Sections 30501 to 30505, inclusive, as amended from time to time, and 28 CFR Sections 25.51 to 25.57, inclusive, as amended from time to time, is available to the department on a regular basis from the National Motor Vehicle Title Information System,Public theAct commissioner may discontinue the requirement that a licensee submit to thedepartment (1)alist ofvehicles or parts received, in accordance with the provisions of subsection (a) of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-002562 of 8 R02-SB.docx } Substitute Bill No.

25622-43 this2 section, and (2) certificates of title10 orSubstitute copiesSenate ofBill suchNo. certificates, in accordance with the provisions of this subsection.

256 System, the commissioner may discontinue the requirement that a licensee submit to the department (1) a list of vehicles or parts received, in accordance with the provisions of subsection (a) of this section, and (2) certificates of title or copies of such certificates, in accordance with the provisions of this subsection.

(2) No motor vehicle recycler may sell or transfer a catalytic converter unless such recyclerrecycler: (A) detaches such catalytic converter from a motor vehicle received by such recycler in compliance with the provisions of this section, and (B) etches onto such catalytic converter the vehicle identification number of the motor vehicle from which such catalytic converter was detached.

(A) Detaches such catalytic converter from a motor vehicle received by such recycler in compliance with the provisions of this section;

(B) Affixes or writes a stock number on such converter;

and (C) Creates a written record, with one copy of such record retained by such recycler and one copy provided to the purchaser or transferee, that includes the name, address, telephone number and license number of such recycler, the vehicle identification number of the motor vehicle fromwhich such catalyticconverter wasdetachedandthestock number of such catalytic converter.

(e) The commissioner may, after notice and hearing, impose a civil penalty ofnot lessthanonehundreddollarsnor morethanfive hundred dollars for each offense on any person, firm or corporation who violates thePublic provisionsAct ofNo. this section.

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256 the provisions of this section.

Such scrap metal processor shall not be required to segregate scrap metal it receives from other materials on its premises LCOand {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00253hold the same for five days except for wire or cable that could be used in the transmission of 8telecommunications R02-SB.docxor }data Substituteor Billscrap No.equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company unless purchased from (1) a person licensed pursuant to section 29-402 to engage in the business of demolition of buildings, or (2) a person who has already segregated such scrap metal pursuant to this chapter and such person provides such scrap metal processor with a written statement affirming such segregation.

256 and hold the same for five days except for wire or cable that could be used in the transmission of telecommunications or data or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company unless purchased from (1) a person licensed pursuant to section 29-402 to engage in the business of demolition of buildings, or (2) a person who has already segregated such scrap metal pursuant to this chapter and such person provides such scrap metal processor with a written statement affirming such segregation.

Upon receipt of wire or cable that could be used in the transmission of telecommunications or dataordata or scrap equipment, wire or cable that could be used in the transmission or distribution of electricity by an electric distribution company, such scrap metal processor shall make a copy of the certificate of registration of such vehicle, record a descriptionPublic ofAct theNo. material received, and record a statement as to the location from which the material came.

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256 description of the material received, and record a statement as to the location from which the material came.

(b) The scrap metal processor shall maintain the documents, LCOphotographs {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00254and other records required under subsection (a) of 8this R02-SB.docxsection }in Substitutegood Billcondition No.and shall retain such records for a period of not less than two years.

256 photographs and other records required under subsection (a) of this section in good condition and shall retain such records for a period of not less than two years.

For purposes of this subsection,"indiciaofownership"meanswords,symbolsoraregisteredPublic trademarkprinted,stamped,etched,attachedorAct otherwisedisplayedonNo. such container that identify the owner of such container.

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256 subsection,"indiciaofownership"meanswords,symbolsoraregistered trademarkprinted,stamped,etched,attachedorotherwisedisplayedon such container that identify the owner of such container.

(f) (1) No(A) Except as provided in subparagraphs (B) and (C) of this subdivision, no scrap metal processorprocessor, junk dealer or junk dealeryard owner or operator may receive a catalytic LCOconverter {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00255 of 8a R02-SB.docxmotor }vehicle Substitutethat Billis No.not attached to such motor vehicle unless such processor, dealer, owner or operator, at the time of receipt:

256(i) converterRecords ofthe aplace motorand vehicledate thatof isthe nottransaction, attacheda todescription suchof motorthe vehicle,catalytic unlessconverter, theincluding scrapitem metaltype processorand oridentification junknumber, dealer,if atany, and the timeamount ofpaid receipt:for the catalytic converter;

(A)(ii) Records thea placedescription andof datethe ofseller and the transaction,seller's aname, descriptionresidence ofaddress theand catalyticmotor converter,vehicle includingoperator's itemlicense typeor andidentity identificationcard number,number or, if any,the andseller is a business, the amountname, paidaddress forand thetelephone catalyticnumber converter;of the business;

(B)(iii) Records athe descriptionnumber plate of the seller and the seller's name, residence address and motor vehicle operator'sused licenseto ortransport identity card number or, if the sellercatalytic isconverter ato business, the name,licensee; address and telephone number of the business;

(C)(iv) RecordsObtains from the numberseller platea ofstatement the(I) motorthat vehiclethe usedseller tois transport the catalyticowner converterPublic toAct theNo. licensee;

(D)22-43 Obtains6 from the seller a statement (i) that the seller is the owner of such10 catalyticSubstitute converter,Senate orBill (ii)No. identifying the name of the person from whom the seller obtained the catalytic converter, as shown on a signed transfer document;

and256 (E)of Takessuch acatalytic clearconverter, photograph or video(II) ofidentifying the seller,name of the motorperson vehiclefrom operator'swhom licensethe orseller identityobtained cardthe ofcatalytic theconverter, selleras andshown theon catalytica converter.signed transfer document;

(2)and A(v) sellerTakes maya sellclear onlyphotograph oneor catalyticvideo converterof tothe suchseller, scrapthe metalmotor processorvehicle operator's license or junkidentity dealercard perof day.the seller and the catalytic converter.

(3)(B) ANo scrap metal processorprocessor, or junk dealer may only pay a seller of a catalytic converter by check, which such processor or dealerjunk shallyard eitherowner (A) send to the address provided by the seller in subparagraph (B) of subdivision (1) of this subsection, or (B)operator holdmay atreceive sucha processor'scatalytic orconverter dealer's place of businessa formotor collectionvehicle bythat theis seller not earlierattached thanto the third business day after the date of the purchase of such catalyticmotor convertervehicle byfrom sucha processormotor orvehicle dealer.recycler unless:

(4)(i) EachSuch scrapcatalytic metalconverter processorhas a stock number affixed to or written on such converter by such recycler, and junk(ii) dealerAt shallthe (A)time maintainof receipt, such processor, dealer, owner or operator (I) receives a written statement on such recycler's letterhead that includes the documentsstock number of the catalytic converter and otherthe recordsvehicle requiredidentification bynumber thisof subsectionthe inmotor goodvehicle LCOfrom {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00256-which 6such catalytic converter was detached, provided a single written statement may be used for a transaction involving more than one catalytic converter, and (II) takes a clear photograph or video of 8the R02-SB.docxemployee }of Substitutesuch Billrecycler No.who is transferring the catalytic converter and such employee's motor vehicle operator's license or identity card.

256(C) condition,No (B)scrap retainmetal suchprocessor, documentsjunk anddealer recordsor forjunk ayard periodowner ofor notoperator lessmay thanreceive twoa years,catalytic andconverter (C)of allowa inspectionmotor ofvehicle suchthat documentsis andnot recordsattached byto lawsuch enforcementmotor officialsvehicle uponfrom requesta duringmotor normalvehicle businessrepair hours.shop unless:

(5)(i) EachSuch scrapcatalytic metalconverter processorwas orremoved junkfrom dealer shall submit to the Department of Emergency Services and Public Protection, on a weeklymotor basisvehicle orthat morewas frequentlyserviced as determined by thesuch commissionershop, upon(ii) considerationSuch ofcatalytic theconverter volumehas and nature of the business, a swornstock statementnumber ofaffixed suchto processor's or suchwritten dealer'son catalyticsuch converter transactions,by describingsuch theshop, property received and settingPublic forthAct theNo. nature and terms of each transaction and the name and residence address and a description of the person from whom the property was received.

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