Relating to used catalytic converter transactions, providing penalties, and making penalties applicable

Current law generally requires all scrap metal transactions with a scrap metal dealer to meet certain requirements. A person who sells the scrap metal must provide identifying information to the scrap metal dealer and the dealer must keep a confidential record of each transaction. In addition, payments for the scrap metal must be made by check or electronic funds transfer. A person who violates these provisions is subject to a civil penalty of between $100 and $1,000. These provisions do not apply to the sale of catalytic converters totaling $75 or less, or to the sale of other scrap metal totaling $50 or less. This bill requires a person selling a catalytic converter as part of a business transaction (transactions between a scrap metal dealer and certain businesses with fixed locations) to provide to the scrap metal dealer a copy of the person’s valid sales tax permit issued pursuant to Code chapter 423. The bill requires a person selling a catalytic converter to a scrap metal dealer other than as part of a business transaction to provide to the scrap metal dealer an original receipt or invoice for a replacement catalytic converter purchased fewer than days before the person sells the replaced catalytic converter, or a junking certificate for a vehicle issued fewer than days before the person sells the catalytic converter. The receipt, invoice, or junking certificate must be unmarked by a scrap metal dealer. The requirement does not apply if the person presents proof, unmarked by a scrap metal dealer, that the sale is approved by the sheriff of the county in which the vehicle from which the catalytic converter was removed is registered. A scrap metal dealer is required to keep a confidential register or log of each transaction, including a copy of the information required by the bill. Under the bill, a scrap metal dealer must mark the original receipt, invoice, junking certificate, or proof of sheriff approval, as applicable, to indicate the catalytic converter has been sold. A scrap metal dealer must also take a photograph of the catalytic converter that clearly identifies the item as a catalytic converter.27 applicable to all scrap metal transactions with a scrap metal dealer except for sales of $50 or less that do not involve a catalytic converter.27.27 for an initial violation from $100 to $1,000, for a second violation within two years from $500 to $5,000, and for a third or subsequent violation within two years from $1,000 to $10,000.1(4), the bill adds that a scrap metal dealer’s violation of recordkeeping and other requirements is evidence from which the court or jury may infer that the person knew or believed that the property had been stolen. The penalty for theft ranges from a simple misdemeanor to a class “C” felony depending on the value of the property. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855, and a class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660.3.