HB 232: "An Act relating to the sale and possession of used detached catalytic converters; and establishing the crime of possession, sale, or purchase of a used detached catalytic converter."
00 HOUSE BILL NO. 232 01 "An Act relating to the sale and possession of used detached catalytic converters; and 02 establishing the crime of possession, sale, or purchase of a used detached catalytic 03 converter." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.60 is amended by adding a new section to read: 06 Sec. 08.60.215. Purchase of catalytic converters. (a) Before purchasing a 07 used detached catalytic converter, a scrap metal dealer shall register with the 08 Department of Public Safety on a form provided by the department. The form must 09 require that the scrap metal dealer provide the physical address of the scrap metal 10 dealer's place of business. 11 (b) A scrap metal dealer may not purchase or otherwise acquire a used 12 detached catalytic converter or any nonferrous metal part of a catalytic converter 13 unless the used detached catalytic converter or the nonferrous metal part of a catalytic 14 converter is purchased at the place of business of the scrap metal dealer during an in-
01 person transaction. 02 (c) Notwithstanding AS 08.60.200(a), regardless of the amount of the 03 transaction, a scrap metal dealer purchasing a used detached catalytic converter or any 04 nonferrous metal part of a catalytic converter shall maintain an accurate paper or 05 electronic record that contains the information identified in AS 08.60.200(b), a signed 06 statement under AS 08.60.210, and any obvious markings on the used detached 07 catalytic converter, including paint, labels, and engravings that would aid in the 08 identification of the catalytic converter. 09 * Sec. 2. AS 08.60.220 is amended to read: 10 Sec. 08.60.220. Inspection availability. A dealer shall make the records 11 required by AS 08.60.200, [AND] 08.60.210, and 08.60.215(c) available for 12 inspection by a law enforcement officer during the dealer's regular hours of business 13 or at reasonable times if the dealer does not keep regular hours of business. 14 * Sec. 3. AS 08.60.230 is amended to read: 15 Sec. 08.60.230. Retention of records. A dealer shall maintain the records of a 16 transaction required by AS 08.60.200, [AND] 08.60.210, and 08.60.215(c) for five 17 years after the date of the transaction. 18 * Sec. 4. AS 08.60.250 is amended to read: 19 Sec. 08.60.250. Criminal penalties. A dealer who knowingly fails to comply 20 with AS 08.60.200 - 08.60.215 [AS 08.60.200 OR 08.60.210] or a person who 21 knowingly makes a false entry for a record required under AS 08.60.200, [OR] 22 08.60.210, or 08.60.215(c) is guilty of a class A misdemeanor. In this section, 23 "knowingly" has the meaning given in AS 11.81.900. 24 * Sec. 5. AS 11.76 is amended by adding a new section to read: 25 Sec. 11.76.160. Possession, sale, or purchase of a used detached catalytic 26 converter. (a) A person commits the crime of possession, sale, or purchase of a used 27 detached catalytic converter if the person knowingly 28 (1) possesses or sells a used detached catalytic converter; or 29 (2) purchases a used detached catalytic converter or any nonferrous 30 metal part of a catalytic converter and the person is not a scrap metal dealer. 31 (b) The provisions of (a)(1) of this section do not apply to a person who is
01 engaged in the business of possessing or selling used detached catalytic converters, 02 has previously registered with the Department of Public Safety on a form provided by 03 the department, and is 04 (1) a motor vehicle dismantler or recycler; 05 (2) a scrap metal dealer; 06 (3) a motor vehicle dealer; 07 (4) a mechanic or automotive repair facility; or 08 (5) any other licensed business that may reasonably possess or sell 09 used detached catalytic converters. 10 (c) This section does not apply to 11 (1) a used detached catalytic converter that has been tested, certified, 12 and labeled, or otherwise approved for reuse, and that is being sold or purchased for 13 purposes of reuse in accordance with 42 U.S.C. 7401 - 7671q (Clean Air Act) and 14 federal regulations adopted under 42 U.S.C. 7401 - 7671q (Clean Air Act); 15 (2) a used detached catalytic converter in the possession of an 16 individual who possesses documentation indicating that the individual possesses the 17 catalytic converter as the result of a replacement of a catalytic converter from a 18 vehicle registered in that individual's name; 19 (3) a used detached catalytic converter temporarily in the possession of 20 an individual if the catalytic converter was detached from a vehicle registered in the 21 individual's name that is being dismantled for parts or scrap metal and the individual 22 sells or conveys the catalytic converter to a scrap metal dealer, motor vehicle 23 dismantler, or recycler; or 24 (4) a mechanic, auto body technician, or the registered owner of a 25 vehicle who temporarily detaches a catalytic converter from a vehicle while repairing, 26 modifying, or performing maintenance on the vehicle. 27 (d) A detached catalytic converter possessed, sold, or purchased in violation of 28 this section shall be forfeited to the state upon conviction. 29 (e) In this section, 30 (1) "detached catalytic converter" means a catalytic converter that is 31 intended for use with an internal combustion engine and that is not attached to the
01 exhaust system of an internal combustion engine; 02 (2) "motor vehicle dealer" has the meaning given in AS 08.66.350; 03 (3) "scrap metal dealer" has the meaning given in AS 08.60.290. 04 (f) Possession, sale, or purchase of a used detached catalytic converter is a 05 class B misdemeanor. 06 * Sec. 6. AS 44.41.020 is amended by adding a new subsection to read: 07 (h) The Department of Public Safety shall maintain a central registry of 08 persons engaged in the business of purchasing used detached catalytic converters and 09 shall adopt regulations to implement AS 08.60.215 and AS 11.76.160. 10 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. (a) AS 08.60.215, enacted by sec. 1 of this Act, applies to used 13 detached catalytic converters purchased on or after the effective date of this Act. 14 (b) AS 08.60.250, as amended by sec. 4 of this Act, and AS 11.76.160, enacted by 15 sec. 5 of this Act, apply to offenses committed on or after the effective date of this Act.