Bill > A3970

Introduced Session

This bill modifies existing law on the regulation of scrap metal businesses to incorporate certain provisions concerning catalytic converters. The bill amends the definition of "scrap metal" to include a used catalytic converter, in whole or in part, if the used catalytic converter is not attached to a motor vehicle. The bill requires the owner of a scrap metal business to maintain, for at least five years, a record of all receipts or purchases of scrap metal in excess of 100 pounds or $50, whichever is less, including, among other items, the date of receipt or purchase of the scrap metal and the name and address of the person delivering or selling the scrap metal. The bill also expands the information the scrap metal business is to retain if a used catalytic converter not attached to a motor vehicle is purchased by the business from a seller that is not a registered business that, in the regular course of business, collects, stores, or sells a used catalytic converter or any other motor vehicle part. That information includes (1) the vehicle identification number of the motor vehicle from which the catalytic converter was taken; and (2) a copy of the certificate of title or registration, a receipt from a transaction of repair, or a bill of sale for the motor vehicle from which the catalytic converter was taken. The bill also provides that the owner of a scrap metal business is required to purchase or attempt to purchase only from a person delivering or selling scrap metal who provides the information required. The penalty for theft of a catalytic converter is also increased under the bill. Currently, theft offenses are graded based primarily on the value of the item involved or, for second and third degree crimes, graded by the attendant circumstances or category. While the theft of a converter may only net thieves between $50 to $150 per device, replacing one on a vandalized vehicle can cost thousands of dollars. It is the sponsor's view that this discrepancy between the value of the stolen part or the amount a purchaser would pay, versus the cost of replacing the part can incentivize theft of these devices, and should be addressed in the form of higher penalties for the underlying theft. This bill directs that if the property stolen is a catalytic converter, theft constitutes a crime one degree higher than the underlying theft offense. Lastly, the bill provides that offering or attempting to offer for sale a used catalytic converter, in whole or in part, that is not attached to a motor vehicle is to be limited to a scrap metal business, unless the seller of the used catalytic converter is a registered business that, in the regular course of business, collects, stores, or sells a catalytic converter or any other motor vehicle part.

Committee Categories

Beth Sawyer (R)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 05/12/2022)

Official Document