AN ACT TO CLARIFY THAT, UNLESS THE CONDUCT IS COVERED UNDER ANOTHER PROVISION OF LAW PROVIDING GREATER PUNISHMENT, LARCENY OF A CATALYTIC CONVERTER IS A CLASS I FELONY, TO REQUIRE SECONDARY METALS RECYCLERS TO MAINTAIN AN ELECTRONIC RECORD OF CERTAIN INFORMATION FROM TRANSACTIONS INVOLVING THE SALE OF CATALYTIC CONVERTERS, TO INCLUDE A FINE AS PUNISHMENT FOR CERTAIN VIOLATIONS INVOLVING THE PURCHASE OF CATALYTIC CONVERTERS, TO PROVIDE THAT SECONDARY METALS RECYCLERS CAN ONLY PURCHASE CATALYTIC CONVERTERS FROM CERTAIN PEOPLE AND ONLY SECONDARY METALS RECYCLERS CAN PURCHASE USED CATALYTIC CONVERTERS, AND TO MAKE CONFORMING CHANGES. SL 2021-154. Enacted Sept. 16, 2021. Effective Dec. 1, 2021.
Bill S 99 (2021)Summary date: Sep 16 2021 - View summary
Bill S 99 (2021-2022)Summary date: Apr 27 2021 - View summary
Senate committee substitute amends the 1st edition as follows.
Revises the proposed changes to GS 14-72.8, which makes larceny of a catalytic converter a Class I felony. Replaces the exceptions to the enacted presumption of felony larceny of a catalytic converter when a person is in possession of a catalytic converter that has been removed from a motor vehicle, to now include (1) an employee or agent of a company or an individual acting in their official duties for a motor vehicle dealer, motor vehicle repair shop, secondary metals recycler, or salvage yard that is licensed, permitted, or registered pursuant to State law, and (2) an individual who possesses vehicle registration documentation indicating that the catalytic converter in the individual's possession is the result of a replacement of a catalytic converter from a vehicle registered in that individual's name (previous exceptions included a person that is an employee or agent of a company, a contractor, or an individual in the business of installing, replacing, maintaining, or removing catalytic converters, and is acting in the person's official duties; or an individual who removed the catalytic converter to repair a motor vehicle and is either intending to reattach or lawfully dispose of the catalytic converter).
Deletes the proposed changes to GS 66-421(b), which sets forth record keeping requirements for secondary metals recyclers, and replaces them with the following. Requires a secondary metals recycler who purchases a catalytic converter pursuant to GS 66-424(a)(3a), as enacted, to make and retain a copy of all documentation provided to and relied upon in determining the status of the seller of the catalytic converter.
Amends GS 66-424, enacting new subdivision (3a) to prohibit a secondary metals recycler from purchasing any catalytic converters that are not attached to a vehicle unless purchased from a person listed in GS 14-72.8(b) (persons excepted from the presumption of larceny of a catalytic converter by possession). Makes it unlawful for any person that is not a secondary metals recycler to purchase a used catalytic converter not attached to a vehicle. Excludes from the prohibitions set forth in the statute used and detached catalytic converters that have been tested, certified, and labeled, or otherwise approved for reuse, and bought or sold for reuse pursuant to the Clean Air Act and its regulations.
Expands GS 66-430, authorizing a court to order restitution for damage or loss caused by the defendant and arising out of violations of GS 66-424(a)(3a).
Makes technical changes to the effective date provisions. Changes the act's long title.
Bill S 99 (2021-2022)Summary date: Feb 15 2021 - View summary
Amends GS 14-72.8, making larceny of a catalytic converter a Class I felony. Creates a presumption of felony larceny of a catalytic converter when a person is in possession of a catalytic converter that has been removed from a motor vehicle, unless the person is an employee or agent of a company, a contractor, or an individual in the business of installing, replacing, maintaining, or removing catalytic converters, and is acting in the person's official duties; or the person is an individual who removed the catalytic converter to repair a motor vehicle and is either intending to reattach or lawfully dispose of the catalytic converter. Makes organizational changes.
Amends GS 66-421(b), which sets forth record keeping requirements for secondary metals recyclers. More specifically requires secondary metals recyclers maintain electronic records (was, records) of all purchase transactions of regulated metals. Adds to the information records must contain to include (1) a copy of the title of the vehicle or other proof of ownership in transactions involving catalytic converters that are attached to a vehicle, and (2) a description of how the company, contractor, or metal recycler obtained the catalytic converter for those that are not attached to the motor vehicle, including any model, serial, or other identification numbers for the vehicle or other product from which it was removed from. Applies to purchases on or after December 1, 2021.
Amends GS 66-429 to make violations of Part 3, Regulation of Sales and Purchase of Metals, Article 45, involving catalytic converters punishable by a $1,000 fine for each violation.
Applies to offenses committed on or after December 1, 2021.