SB 408

This bill designates a catalytic converter as a type of proprietary article for

which scrap dealers must follow certain requirements. Under current law,

“proprietary articles” include copper and aluminum conductors and wires, metal

beer kegs, manhole covers, metal grave markers, railroad track components, and

plastic bulk merchandise containers.

Under current law, scrap dealers may purchase proprietary articles from any

person who is over the age of 18 if all of the following apply:

1. The seller or deliverer of the proprietary article provides to the scrap dealer

the seller's government-issued, current photographic identification.

2. The scrap dealer records and maintains information from the identification

provided by the seller or deliverer as well as the time and date of the purchase, the

number and state of the seller's or deliverer's vehicle license plate, and a description

of the proprietary article, including the weight of the article and a description of the

article consistent with certain national recycling guidelines.

3. The scrap dealer either 1) receives from the seller certain evidence that

establishes that the seller lawfully possesses the proprietary article or 2) documents

that the dealer has made a diligent inquiry into whether the person selling the

proprietary article has a legal right to do so and then submits within one business

day a report to a local law enforcement department describing the proprietary article

and a copy of the seller's or deliverer's photographic identification information.

The above requirements do not apply if the scrap dealer purchases the

proprietary article from a commercial account if the scrap dealer also creates and

maintains certain records of purchases from the commercial account.

Scrap dealers must maintain all of the above stated records for not less than two

years after recording, and city, village, town, or county law enforcement officers may

request that all scrap dealers in the municipality furnish reports of proprietary

article purchases. Upon such a request, the scrap dealers must furnish the reports

no later than the business day following the purchase.

A scrap dealer's intentional failure to comply with the above requirements is

a misdemeanor. A first-time violator is subject to a fine of up to $1,000 or

imprisonment for up to 90 days or both, and a repeat violator is subject to a fine of

up to $10,000 or imprisonment for up to nine months or both. Owners of proprietary

articles who incur injury or loss as a result of a violation of the above requirements

may bring a civil action against the person who committed the violation.