SSB 3088

Current law requires all scrap metal transactions for the sale of catalytic converters totaling more than $75 to meet certain requirements. A person who sells the parts must provide identifying information to the scrap metal dealer and the dealer must keep a confidential record of each transaction. _____ or electronic funds transfer. A person who violates these provisions is subject to a civil penalty of between $100 and $1,000. This bill requires a person who sells a catalytic converter to a scrap metal dealer to provide to the 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 to the 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 record of the information required by the bill. Under the bill, a scrap metal dealer must mark the original receipt, invoice, or junking certificate, as applicable, to indicate the catalytic converter has been sold. A scrap metal dealer must also reasonably verify that a catalytic converter being offered for sale is appropriate for the type of vehicle for which the replacement converter was purchased as shown on the receipt or invoice, or is appropriate for the type of vehicle for which the junking certificate was issued, as applicable. The bill strikes all exemptions for the recordkeeping requirements except for sales of $50 or less that do not involve a catalytic converter. Any local ordinance adopted by a political subdivision that regulates scrap metal transactions is superseded by the bill, except for local ordinances that provide additional or more stringent recordkeeping requirements for transactions involving scrap metal.27 for an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 requirements shall be 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.