§ 3022. Purchase of nonferrous scrap, metal articles, proprietary articles, and railroad scrap

(a) Catalytic converters.

(1) A scrap metal processor shall not purchase more than one used and detached catalytic converter per day from any person, other than a motor vehicle recycler or motor vehicle repair shop.

(2) A person, other than a motor vehicle recycler or motor vehicle repair shop, shall not transport simultaneously two or more used and detached catalytic converters unless:

(A) each catalytic converter is engraved or otherwise permanently marked with the vehicle identification number of the vehicle from which it was removed; and

(B) the person transporting the catalytic converter has in the person’s possession documentation demonstrating proof of lawful ownership as specified in subdivision (b)(1) of this section.

(b) Documentation required for sale. A scrap metal processor may purchase nonferrous scrap, metal articles, proprietary articles, and railroad scrap only if the scrap metal processor complies with all the following procedures:

(1) At the time of sale, the processor:

(A) requires the seller to provide a current government-issued photographic identification that indicates the seller’s full name, current address, and date of birth, and records in a permanent ledger the identification information of the seller, the time and date of the transaction, the license number of the seller’s vehicle, and a description of the items received from the seller; and

(B) requests and, collects:

(i) third-party documentation that establishes that the seller lawfully owns the items to be sold, such as a bill of sale, itemized receipt, or letter of authorization signed by the person from whom the seller purchased the item; or

(ii) a written affidavit of ownership that states that the seller lawfully owns the items to be sold.

(2) After purchasing an item from a person who does not provide a bill of sale, itemized receipt, or letter of authorization signed by the person from whom the seller purchased the item pursuant to subdivision (1)(B)(i) of this subsection, the processor:

(A) submits to the Department of Public Safety not later than the close of the following business day a report that describes the item and the seller’s identifying information required in subdivision (1)(A) of this subsection; and

(B) holds the item for at least 10 days following purchase.

(c) Retention of records. The information collected by a scrap metal processor pursuant to this section shall be retained for at least five years at the processor’s normal place of business or other readily accessible and secure location. On request, this information shall be made available to any law enforcement official or authorized security agent of a governmental entity who provides official credentials at the scrap metal processor’s business location during regular business hours. (Added 2007, No. 195 (Adj. Sess.), § 10; amended 2011, No. 167 (Adj. Sess.), § 1, eff. May 18, 2012; 2013, No. 167 (Adj. Sess.), § 28; 2023, No. 31, § 1, eff. July 1, 2023.)