Amendment #298 to H4700

Theft of Vehicle Catalytic Converters

Mr. Howitt of Seekonk moves to amend the bill by adding the following section:

SECTION XXXX. Chapter 266 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new section:-

Section 148 Larceny by Stealing Parts of a Vehicle; Definitions; Punishment

Section 1. Definitions

For the purposes of this section, a “Catalytic Converter” shall be defined as an automobile exhaust-system component containing a catalyst that causes conversion of harmful gases (such as carbon monoxide and uncombusted hydrocarbons) into mostly harmless products (such as water and carbon dioxide)

Section 2. Records to be kept

Every person involved in the purchasing, selling, bartering or dealing in old metals shall record all transactions for which a license is required under this bill. The licensee shall, upon request, send any records created pursuant to this section to the chief of police of their respective city or town.

The record created pursuant to this section shall include the following:

(1) Date of transaction for the old or used metals;

(2) Name, address, telephone number, and signature of the person from whom the old or used metals were purchased or received;

(3) A photocopy or digital image of the person’s photo identification;

(4) License plate number and vehicle identification number (VIN) of the vehicle used to transport the old or used metals to the licensee, whenever applicable;

(5) A description of the old or used metals;

(6) A photograph of the old or used metals;

(7) Photocopies or digital images of the bill of sale or other legal document demonstrating ownership by the seller or offeror; and

(8) Price paid by the licensee for the old or used metals.

Nothing in this section shall be regarded as necessitating additional recordkeeping for junked autos or automobile parts in excess of what is already required by law or this section.

The licensee shall retain records established pursuant to this section for a period of two years from the date of the transaction. This clause shall not be construed to relieve any licensee of any record retention requirements imposed by law.

This section shall not apply to the purchase of old metals from a person who is licensed to engage in the business of purchasing, selling, bartering, or dealing in junk, old metals, or secondhand articles and who has previously recorded the contents of the load in accordance with this section and provides a written statement affirming such record at the time of the transaction.

Section 3. Acquisition of Certain Automobile Parts

No person or entity licensed as a junk and second-hand dealer, motor vehicle repair business, or storage of dismantled, junked, or abandoned vehicles may purchase, accept, or acquire a catalytic converter from another person or entity unless the seller or offeror presents proof of identification in addition to a bill of sale or other legal document demonstrating ownership of said catalytic converter. The licensee must preserve photocopies or digital images of the aforementioned documentation.

Additionally, any person or entity licensed as a junk and second-hand dealer, a motor vehicle repair business, or a storage facility for dismantled, junked, or abandoned vehicles is required to keep records of all transactions listed in this section. The licensee shall make available to the chief of police or his or her designee any records developed according to this section upon request. The following shall be included in the records prepared pursuant to this section:

(1) Date of transaction;

(2) Name, address, telephone number, and signature of the person from whom the catalytic converter was purchased or received;

(3) A photocopy or digital image of the person’s photo identification;

(4) License plate number and vehicle identification number (VIN) of the vehicle used to transport the catalytic converter to the licensee, whenever applicable;

(5) A description of the catalytic converter;

(6) A photograph of the catalytic converter;

(7) Photocopies or digital images of the bill of sale or other legal document demonstrating ownership by the seller or offeror; and

(8) Price paid by the licensee for the catalytic converter.

Records established pursuant to this section shall be maintained for three years from the date of acquisition of the property.

Any person or entity licensed as a junk and used vehicle dealer, a motor vehicle repair business, or a storage facility for dismantled, junked, or abandoned automobiles shall retain the catalytic converter received for a period of ten days. Throughout the holding period, the catalytic converter shall be kept separate and distinct from other property and shall not be deformed or treated in any way that might damage or affect its identity.

All persons or entities involved in the sale and purchasing of a catalytic converter must use a company check as a method of payment.

Violations of this section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment for not less than one day nor more than thirty days, and/or by requiring restitution in the amount of twenty-five hundred dollars for property damage or personal injury, and/or by requiring voluntary community service for not more than ten days for any one offense. Each day that a violation of this Code or any such ordinance or resolution continues is a separate crime.

This section shall not apply to licensees' acquisitions or purchases of whole motor vehicles.

No scrap metal business may enter into a transaction to purchase or receive private metal property from any person who is not a commercial enterprise or owner of the vehicle from which the catalytic converter was removed. No scrap metal business may enter into a transaction with an owner of a vehicle from which a catalytic converter was removed unless the owner provides the year, make, model, and vehicle identification number for the vehicle from which it was removed.

All persons or entities licensed as a junk and second-hand dealer, motor vehicle repair business, or storage of dismantled, junked, or abandoned vehicles must, in the sale of a catalytic converter, use a company check to purchase the vehicle part.

Section 4. Punishment

The respective city’s or town’s police department shall enforce the provisions of this section. If an alleged violation occurs, the police department shall issue a citation that will require the license holder to appear for a show cause hearing before their municipal licensing board. If, after a hearing, the board finds a violation has occurred, the board shall impose a civil fine of three hundred dollars for the first offense, five hundred and fifty dollars for the second offense, and seven hundred dollars for any subsequent offense. In addition to the fine imposed for this offense, the individual will face a one-hundred-dollar fine for each additional catalytic converter sold. Additionally, the board may suspend or revoke the license for any violations of the conditions or restrictions imposed upon the issuance of such license, or any rules and regulations governing the conduct of any such licensee, established by the respective municipal licensing board, or by the state; in addition, such license may be revoked at any time for causes other than those specified above, including violation of the Massachusetts General Laws. If a license holder maintains the license for thirty-six consecutive months without a violation, any new violation will be treated as a first offense.

SECTION 2. This act shall take effect upon its passage.

Additional co-sponsor(s) added to Amendment #298 to H4700

Theft of Vehicle Catalytic Converters