ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: JUD DP 5-1-1-0 | 3^rd Read DP 18-10-2-0 House: JUD DP 6-2-1-0 | 3^rd Read DPA 38-21-1-0-0 Final Pass: 23-3-4-0-0

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SB 1185: catalytic converter; unlawful use; classification

Sponsor: Senator Kavanagh, LD 3

Transmitted to the Governor

Overview

Classifies the unlawful purchase, solicitation, advertisement, possession or sale of 10 or more used detached catalytic converters as a class 6 felony.

History

Current law classifies the unlawful purchase, solicitation, advertisement, possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter as a class 1 misdemeanor. Statutory exceptions include:

1) the possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to title 28, chapter 10 if the possession or sale is in the automotive recycler's ordinary course of business;

2) the purchase or sale of a used catalytic converter or any nonferrous parts of a catalytic converter as prescribed by statute that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts; and

3) the possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs a new catalytic converter if the possession or sale is in the business's ordinary course of business.

For purposes of the third exception mentioned above, statute requires commercial motor vehicle parts or repair businesses to purchase used catalytic converters in compliance with the United States Environmental Protection Agency (EPA). Used catalytic converters in compliance with EPA policies must be marked with the following information:

1) the date the catalytic converter was removed from the vehicle; and

2) the vehicle identification number (VIN) from which the catalytic converter was removed or an alternative number which can immediately be linked to the VIN by law enforcement.

Any individual who purchases a used catalytic converter or any nonferrous parts of a catalytic converter must electronically submit to the Department of Public Safety a record of each transaction relating to the used catalytic converter or any nonferrous parts in accordance with A.R.S. § 44-1644 (A.R.S. § 13-3728).

Catalytic converters are defined as the parts of a motor vehicle exhaust system that are used for controlling the exhaust emissions from motor vehicles and that contain a catalyst metal (A.R.S. § 44-1642.01).

Provisions

1. Specifies it is unlawful for a person to purchase, solicit, advertise, possess or sell a used detached catalytic converter. (Sec. 1)

2. Adds that a violation of A.R.S. § 13-3728 involving 10 or more used detached catalytic converters is a class 6 felony. (Sec. 1)

3. Makes a technical change. (Sec. 1)

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7.                   SB 1185

8. Initials JL/IG       Page 0 Transmitted

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