Nevada 2023 Regular Session Status: Enacted Bipartisan · 15 D · 4 R cosponsors

SB 243 — Revises provisions relating to catalytic converters. (BDR 15-37)

Last action — Approved by the Governor. Chapter 119.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 09, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 31, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 24 sponsors

    6 primary, 18 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (15 D · 4 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

379 added · 375 removed

379 line(s) added, 375 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
243 SENATE B ILL NO.
243–Senators Nguyen, Donate, Krasner;
243–S ENATORS N GUYEN , DONATE , KRASNER ;
Daly, Dondero Loop, Flores, Lange, Ohrenschall, Pazina, Seevers Gansert, Spearman and Stone Joint Sponsors:
D ALY , DONDERO L OOP, FLORES , ANGE , O HRENSCHALL , P AZINA, SEEVERS GANSERT , SPEARMAN AND S TONE M ARCH 9, 2023 ____________ JOINT SPONSORS :
Assemblymen Torres, Dickman, Yeager;
ASSEMBLYMEN TORRES , D ICKMAN , YEAGER ;
Carter, D’Silva, Gorelow, Hafen, C.H.
C ARTER , D’S ILVA, G ORELOW , HAFEN , C.H.
Miller, Monroe-Moreno, Nguyen, O’Neill and Watts CHAPTER..........
M ILLER, M ONROE -MORENO , GUYEN , O’EILL AND W ATTS ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to catalytic converters.
(BDR 15-37) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
catalytic converter if the person willfully takes or attempts to take possession of, carries away or exercises control over a catalytic converter with the intent to deprive the rightful owner of the catalytic converter.
Section 2 of this bill provides that a person commits the offense of theft of a catalytic converter if the person willfully takes or attempts to take possession of, carries away or exercises control over a catalytic converter with the intent to deprive the rightful owner of the catalytic converter.
Section 2 also provides that a person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is licensed or authorized to possess a used catalytic converter.
Section 2 also provides that a person commits the offense of possession of a catalytic converter if the person authorized to possess a used catalytic converter.nless the person is licensed or Section 3 of this bill prohibits a person from purchasing a used catalytic converter from any person other than:
Section 3 of this bill prohibits a person from purchasing a used catalytic licensed scrap metal processor;
(1) a licensed automobile wrecker;
(3) a licensed motor vehicle manufacturer,2) a distributor, dealer or rebuilder;
(2) a licensed scrap metal processor;
(3) a licensed motor vehicle manufacturer, distributor, dealer or rebuilder;
or (5) a person who possesses certain documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
or (5) a person who possesses certain documentation that proves the person is the lawful owner or possessor of the used cataSection 4 of this bill provides that a person who violates any provision of section 2 or 3 is guilty of:
- *SB243_R1* – 2 – section 2 or 3 is guilty of:
and (3) a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, if the violation involves 10 or more used catalytic converters.
and (3) a category C felony, if the violation involves 10 or more used catalytic converters.
Existing law requires scrap metal processors to maintain certain records of purchases of scrap metal.
Existing law requires scrap metal processors to maintain certain records of scrap metal processors to maintain certain additional information if the scrap metal processor purchases a used catalytic converter from certain licensed businesses or a person who has documentation that proves the person is the lawful owner or possessor of the used catalytic converter.
(NRS 647.092-647.098) Section 9 of this bill requires scrap metal processors to maintain certain additional information if the scrap metal processor purchases a used catalytic converter from certain licensed businesses or a possessor of the used catalytic converter.
(1) maintain certain records of all used catalytic converters the scrap metal processor sells to another scrap metal processor;
(1) maintain certain records of all used catalytic converters the scrap - 82nd Session (2023) – 2 – metal processor sells to another scrap metal processor;
(2) maintain certain records related to used catalytic converters for a period of 2 years;
(2) maintain certain records records related to used catalytic converters available to law enforcement upontain demand.
and (3) make certain records related to used catalytic converters available to law enforcement upon demand.
Existing law authorizes a local law enforcement agency to establish an electronic reporting system, or to utilize an existing electronic reporting system, to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency.
Existing law authorizes a local law enforcement agency to establish an electronic reporting system, or to utilize an existing electronic reporting system, to receive information relating to the purchase of scrap metal by a scrap metal enforcement agency.
(NRS 647.0945) Section 14 of this bill requires each scrap metal processor to submit electronically to the local law enforcement agency certain additional information if the scrap metal processor purchases a used catalytic converter.
(NRS 647.0945) Section 14 of this bill requires each certain additional information if the scrap metal processor purchases a usedagency catalytic converter.
Section 10 of this bill prohibits a scrap metal processor from providing check or through an electronic transfer of money cleared through an automated made by clearinghouse;
Section 10 of this bill prohibits a scrap metal processor from providing payment for a used catalytic converter to a seller unless:
(1) the payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse;
Section 10 provides for an exception to these requirements for a scrap metal processor who holds a certain written agreement with the seller before purchasing a used catalytic converter.
Section 10 provides for an exception to these requirements for a scrap metal processor who holds a certain written agreement with the seller before purcSection 15 of this bill provides that a person who violates any provision of sections 8-10 is guilty of a misdemeanor.
Section 15 of this bill provides that a person who violates any provision of sections 8-10 is guilty of a misdemeanor.
Section 15 authorizes a court to also issue an injunction prohibiting the person from engaging in the business of a scrap metal processor.
Section 15 authorizes a court to also metal processor.
Section 15 also provides that a scrap metal processor who is a natural person and who knowingly violates section 8 or sells a used catalytic converter that the scrap metal processor knows or should know is stolen is guilty of a felony, punishable by a penalty that is similar to the penalties set forth in section 4.
Section 15 also provides that a scrap metal processor who is acrap natural person and who knowingly violates section 8 or sells a used catalytic converter that the scrap metal processor knows or should know is stolen is guilty of a felony, punishable by a penalty that is similar to the penalties set forth in section 4.
Sections 6 and 7 of this bill define the terms “permanently marked” and “used catalytic converter,” respectively, for the purpose of provisions governing scrap metal processors.
- *SB243_R1* – 3 – Sections 6 and 7 of this bill define the terms “permanently marked” and “used catalytic converter,” respectively, for the purpose of provisions governing scrap proper placement of sections 6 and 7 in the Nevada Revised Statutes.to indicate the THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 11 of this bill makes a conforming change to indicate the proper placement of sections 6 and 7 in the Nevada Revised Statutes.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2.
- 82nd Session (2023) – 3 – converter if the person possesses two or more used catalyticytic converters unless the person is:
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A person commits the offense of possession of a catalytic converter if the person possesses two or more used catalytic converters unless the person is:
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and vehicle identification number permanently marked on the usedthe catalytic converter.
- *SB243_R1* – 4 – (b) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647.094 and 647.098;
(b) A scrap metal processor licensed pursuant to NRS 647.092 who maintains a fixed place of business and has obtained the used catalytic converter in accordance with the provisions of NRS 647(c) A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
(c) A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
or (e) A person possessing documentation that proves the person is the lawful owner or possessor of the used catalytic converter, including, without limitation, a certificate of title or registration that identifies the person as the legal or registered owner of the vehicle from which the used catalytic converter was removed and - 82nd Session (2023) – 4 – which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter.
(a) “Permanently marked” has the meaning ascribed to it in section 6 of this act.
section 6 of this act.rked” has the meaning ascribed to it in (b) “Used catalytic converter” has the meaning ascribed to it in section 7 of this act.
(b) “Used catalytic converter” has the meaning ascribed to it in section 7 of this act.
If the violation involves 10 or more used catalytic converters, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
If the violation involves 10 or more used catalytic converters, a category C felony and shall be punished as provided in NRS 193.130.
converter or any part thereof that has been previously installed onc a vehicle and has been removed.
The term does not include a reconditioned or refurbished catalytic converter being sold at retail.
7.
“Used catalytic converter” means a catalytic converter or any part thereof that has been previously installed on a vehicle and has been removed.
The term does not include a - *SB243_R1* – 5 – reconditioned or refurbished catalytic converter being sold at retail.
Sec.
3.
- 82nd Session (2023) – 5 – rebuilder licensed pursuant to NRS 482.325;ibutor, dealer or 4.
A motor vehicle manufacturer, distributor, dealer or rebuilder licensed pursuant to NRS 482.325;
4.
(a) The place and date of the purchase.
and (2) If applicable, a copy of the title of the vehicle which includes a vehicle identification number that matches the vehicle - *SB243_R1* – 6 – identification number permanently marked on the used catalytic converter.
and (2) If applicable, a copy of the title of the vehicle which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic con(f) A statement written by the seller indicating:
(f) A statement written by the seller indicating:
(h) If the seller is a business entity, other than a scrap metal processor:
- 82nd Session (2023) – 6 – (h) If the seller is a business entity, other than a scrap metal processor:
and (3) The seller’s business license number or tax identification number of the business.
and identification number of the business.
2.
license number or tax 2.
A scrap metal processor who sells a used catalytic converter to another scrap metal processor shall maintain in his or her place of business a book or other permanent record in which must be made, at the time of each sale, a record of the sale that contains:
A scrap metal processor who sells a used catalytic converter to another scrap metal processor shall maintain in his or must be made, at the time of each sale, a record of the sale that contains:
- *SB243_R1* – 7 – (d) The date and place of the transaction.
(d) The date and place of the transaction.
Sec.
- 82nd Session (2023) – 7 – Sec.
(a) The payment is made by check or through an electronic transfer of money cleared through an automated clearinghouse;
(a) The payment is made by check or through an electronic tra(b) The seller is a person described in section 8 of this act;
(b) The seller is a person described in section 8 of this act;
(a) A log or other regularly updated record of all used catalytic converters received pursuant to the agreement;
(a) A log or other regularly updated record of all used catalytic con(b) A description of each catalytic converter with enough particularity so that each of the used catalytic converters in the scrap metal processor’s inventory can reasonably be matched to its description in the agreement.
and (b) A description of each catalytic converter with enough particularity so that each of the used catalytic converters in the scrap metal processor’s inventory can reasonably be matched to its description in the agreement.
- *SB243_R1* – 8 – Sec.
Sec.
(a) Nonferrous] nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic- control devices, park lights or ballpark lights .
(a) Nonferrous] nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, - 82nd Session (2023) – 8 – oil well rigs or any lights maintained by the State or a localnt, government, including, without limitation, street lights, traffic- control devices, park lights or ballpark lights .
Uses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.
Uses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous purposes.scrap, not including precious metals, for sale for remelting Sec.
Sec.
(b) Provide for the electronic submission of information by a scrap metal processor.
scrap metal processor.
2.
electronic submission of information by a 2.
If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system pursuant to subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency - *SB243_R1* – 9 – shall, before 12 p.m.
If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system pursuant to subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency shall, before 12 p.m.
(a) Each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:
- 82nd Session (2023) – 9 – (a) Each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:
[(b)] (2) The date of the purchase;
(2) If applicable, a copy of the title of the vehicle from which the used catalytic converter was removed which includes a vehicle identification number that matches the vehicle identification number permanently marked on the used catalytic converter;
(2) If applicable, a copy of the title of the vehicle from vehiclehe identification conumberr wathatmovmatchesh inthedesvehicle identification number permanently marked on the used catalytic converter;
If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a - *SB243_R1* – 10 – form approved by the local law enforcement agency, describing the information that the scrap metal processor is required to submit electronically to the local law enforcement agency or, if applicable, the designated third party.
If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the - 82nd Session (2023) – 10 – electronically to the local law enforcement agency or, if applicable, the designated third party.
[The] Except as otherwise provided in paragraph (b) of subsection 2, the provisions of this section do not apply to the purchase of scrap metal or a used catalytic converter from a business entity.
[The] Except as otherwise provided in paragraph (b) of subsection 2, the provisions of this section do not apply to the business entity.p metal or a used catalytic converter from a 7.
7.
(e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the qualifications, equipment, procedures and background checks required of a designated third party;
(e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the required of a designated third party;
(f) The manner in which reported information may be used, shared or disseminated;
and background checks (f) The manner in which reported information may be used, shared or disseminated;
As used in this section, “designated third party” means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information required to be submitted electronically by a scrap metal processor pursuant to subsection 2.
As used in this section, “designated third party” means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information - 82nd Session (2023) – 11 – required to be submitted electronically by a scrap metal processor pursuant to subsection 2.
- *SB243_R1* – 11 – Sec.
Sec.
[Unless] Except as otherwise provided in subsection 3 and unless a greater penalty is provided pursuant to specific statute, a person who violates any provision of NRS 647.094, 647.096 or 647.098 or section 8, 9 or 10 of this act is guilty of a misdemeanor.
[Unless] Except as otherwise provided in specific statute, a person who violates any provision of NRSnt to 647.094, 647.096 or 647.098 or section 8, 9 or 10 of this act is guilty of a misdemeanor.
(a) For the first or second offense, for a period of not less than 30 days.
(a) For the first or second offense, for a period of not less than days.
3.) Any scrap metal processor who is a natural person andyear.
(b) For a third or subsequent offense, for a period of 1 year.
who knowingly violates section 8 of this act or who sells any used catalytic converter that the scrap metal processor knows or should know is a stolen catalytic converter, is guilty of:
3.
Any scrap metal processor who is a natural person and who knowingly violates section 8 of this act or who sells any used catalytic converter that the scrap metal processor knows or should know is a stolen catalytic converter, is guilty of:
(c) If the violation involves 10 or more used catalytic converters, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(c) If the violation involves 10 or more used catalytic converters, a category C felony and shall be punished as provided in NRS 193.130.
H - *SB243_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 119.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate. In Senate. To enrollment.

  4. Read second time.

  5. From committee: Do pass.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. Read third time. Amended. (Amend. No. 502.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: 1.) To printer.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 168.) To printer.

  9. From printer. To committee.

  10. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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6 sponsors · 18 co-sponsors · 43 not signed on

Sponsors (6)

Co-sponsors (18)

Not signed on (43)

43 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 243?
SB 243 is sponsored by Nguyen, Rochelle T. (Democratic), Doñate, Fabian (Democratic), Krasner, Lisa (Republican), Torres-Fossett, Selena (Democratic), Dickman, Jill (Republican), Yeager, Steve (Democratic), Daly, Skip (Democratic), Dondero Loop, Marilyn (Democratic), Flores, Edgar (Democratic), Lange, Roberta (Democratic), Ohrenschall, James (Democratic), Pazina, Julie (Democratic), Heidi Seevers O'Gara, Stone, Jeff (Republican), Carter, Max E., II (Democratic), D'Silva, Reuben (Democratic), Hafen, Gregory T., II (Republican), Cameron Miller, Monroe-Moreno, Daniele (Democratic), Nguyen, Duy (Democratic), Philip PK O’Neill, Watts, Howard (Democratic), Gorelow, Michelle, and Pat Spearman.
What is the current status of SB 243?
This bill has been enacted into law. Introduced March 09, 2023. Enacted.
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