Bill Text: IA SF2287 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to used catalytic converter transactions, providing penalties, and making penalties applicable. (Formerly SSB 3088.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-05-24 - Signed by Governor. S.J. 938. [SF2287 Detail]
Download: Iowa-2021-SF2287-Enrolled.html
Senate
File
2287
-
Enrolled
Senate
File
2287
AN
ACT
RELATING
TO
USED
CATALYTIC
CONVERTER
TRANSACTIONS,
PROVIDING
PENALTIES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
714.1,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
Exercises
control
over
stolen
property,
knowing
such
property
to
have
been
stolen,
or
having
reasonable
cause
to
believe
that
such
property
has
been
stolen,
unless
the
person’s
purpose
is
to
promptly
restore
it
to
the
owner
or
to
deliver
it
to
an
appropriate
public
officer.
The
fact
that
the
person
is
found
in
possession
of
property
which
has
been
stolen
from
two
or
more
persons
on
separate
occasions,
or
that
the
person
is
a
dealer
or
other
person
familiar
with
the
value
of
such
property
and
has
acquired
it
for
a
consideration
which
is
far
below
its
reasonable
value,
or
that
the
person
violated
section
714.27A
in
a
transaction
involving
the
property,
shall
be
evidence
from
which
the
court
or
jury
may
infer
that
the
person
knew
or
believed
that
the
property
had
been
stolen.
Sec.
2.
Section
714.27,
subsection
1,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
“Scrap
metal”
means
any
metal
suitable
for
reprocessing.
“Scrap
metal”
does
not
include
a
motor
vehicle
,
but
does
include
or
a
catalytic
converter
detached
from
a
motor
vehicle.
Sec.
3.
Section
714.27,
subsection
5,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
Senate
File
2287,
p.
2
a.
Transactions
in
which
the
total
sale
price
is
fifty
dollars
or
less
,
except
transactions
for
the
sale
of
catalytic
converters
.
Sec.
4.
Section
714.27,
subsection
5,
paragraph
b,
Code
2022,
is
amended
by
striking
the
paragraph.
Sec.
5.
NEW
SECTION
.
714.27A
Used
catalytic
converter
transactions
——
reporting
——
penalties.
1.
For
purposes
of
this
section:
a.
“Business
transaction”
means
an
exchange
of
consideration
for
a
catalytic
converter
between
a
scrap
metal
dealer,
as
defined
in
section
714.27,
and
another
scrap
metal
dealer,
an
authorized
vehicle
recycler
licensed
under
chapter
321H
operating
a
business
at
a
fixed
location,
a
motor
vehicle
dealer
licensed
under
chapter
322
operating
a
business
at
a
fixed
location,
a
towable
recreational
vehicle
dealer
licensed
under
chapter
322C
operating
a
business
at
a
fixed
location,
a
mechanic
or
an
automotive
repair
facility
operating
a
business
at
a
fixed
location,
or
a
person
operating
a
similar
business
at
a
fixed
location
in
another
state.
b.
“Catalytic
converter”
means
a
catalytic
converter
that
was
previously
installed
in
a
motor
vehicle
and
subsequently
removed.
2.
a.
A
person
shall
not
sell
a
catalytic
converter
in
this
state
unless
the
person
provides
to
the
purchaser,
at
or
before
the
time
of
sale,
the
person’s
name,
address,
and
place
of
business,
if
any,
and
presents
to
the
purchaser
a
valid
driver’s
license
or
nonoperator’s
identification
card,
military
identification
card,
passport,
or
other
government-issued
photo
identification.
b.
For
a
business
transaction
in
which
the
person
selling
the
catalytic
converter
operates
a
business
at
a
fixed
location
in
this
state,
the
person
shall
provide
to
the
purchaser
a
copy
of
the
person’s
valid
sales
tax
permit
issued
pursuant
to
chapter
423.
For
a
business
transaction
in
which
the
person
selling
the
catalytic
converter
operates
a
business
at
a
fixed
location
in
another
state
and
is
authorized
to
conduct
a
business
transaction
in
this
state,
the
person
shall
provide
to
the
purchaser
a
copy
of
the
person’s
valid
sales
tax
permit
issued
pursuant
to
chapter
423,
if
the
person
has
such
a
Senate
File
2287,
p.
3
permit,
or
a
copy
of
the
person’s
valid
business
license
or
permit
from
the
other
state.
If
a
person
is
unable
to
provide
the
documentation
required
in
this
paragraph,
the
person
shall
instead
comply
with
paragraph
“c”
.
c.
For
transactions
other
than
business
transactions,
the
person
selling
the
catalytic
converter
shall
provide
to
the
purchaser
an
original
receipt
or
invoice
for
a
replacement
catalytic
converter
purchased
fewer
than
thirty
days
before
the
person
sells
the
replaced
catalytic
converter,
or
a
junking
certificate
for
a
vehicle
that
was
issued
fewer
than
thirty
days
before
the
person
sells
the
catalytic
converter.
(1)
The
receipt,
invoice,
or
junking
certificate
presented
by
the
person
to
the
purchaser
must
be
unmarked
by
a
purchaser
pursuant
to
subsection
3.
(2)
This
paragraph
does
not
apply
to
a
transaction
if
the
person
presents
proof,
unmarked
pursuant
to
subsection
3,
to
the
purchaser
that
the
sale
is
approved
by
the
sheriff
of
the
county
in
which
the
vehicle
from
which
the
catalytic
converter
was
removed
is
registered.
3.
a.
A
person
shall
not
purchase
a
catalytic
converter
from
a
seller
without
demanding
and
receiving
the
information
required
by
subsection
2.
b.
A
person
who
purchases
a
catalytic
converter
shall
mark
the
receipt,
invoice,
junking
certificate,
or
proof
of
sheriff
approval
presented
under
subsection
2
to
indicate
the
catalytic
converter
has
been
sold.
The
person
shall
take
a
photograph
of
the
catalytic
converter
that
clearly
identifies
the
item
as
a
catalytic
converter.
c.
A
person
who
purchases
a
catalytic
converter
shall
have
a
residence
or
fixed
business
address
within
this
state.
4.
A
person
who
purchases
a
catalytic
converter
shall
keep
a
confidential
register
or
log
of
each
transaction,
including
a
copy
of
the
information
required
by
subsections
2,
3,
and
5.
All
records
and
information
kept
pursuant
to
this
subsection
shall
be
retained
for
at
least
two
years,
and
shall
be
provided
to
a
law
enforcement
agency
or
other
officer
or
employee
designated
by
a
county
or
city
to
enforce
this
section
upon
request
during
normal
business
hours
when
the
law
enforcement
agency
or
designated
officer
or
employee
of
a
county
or
city
Senate
File
2287,
p.
4
has
reasonable
grounds
to
request
such
information
as
part
of
an
investigation.
A
law
enforcement
agency
or
designated
officer
or
employee
of
a
county
or
city
shall
preserve
the
confidentiality
of
the
information
provided
under
this
subsection
and
shall
not
disclose
it
to
a
third
party,
except
as
may
be
necessary
in
enforcement
of
this
section
or
the
prosecution
of
a
criminal
violation.
5.
A
transaction
under
this
section
shall
make
use
of
a
traceable
payment
method
including
but
not
limited
to
payment
made
by
check,
voucher,
issuance
of
a
prepaid
bank,
credit,
or
debit
card,
or
electronic
funds
transfer.
6.
A
person,
including
a
person
who
conducts
a
business
transaction
on
behalf
of
another
person,
who
violates
this
section
shall
be
subject
to
a
civil
penalty
as
follows:
a.
For
an
initial
violation,
one
thousand
dollars.
b.
For
a
second
violation
within
two
years,
five
thousand
dollars.
c.
For
a
third
or
subsequent
violation
within
two
years,
ten
thousand
dollars.
7.
Proof
that
a
person,
including
a
person
who
conducted
a
business
transaction
on
behalf
of
another
person,
violated
subsection
2
or
3
shall
be
evidence
from
which
the
court
or
jury
may
infer
any
of
the
following:
a.
The
person
aided
and
abetted
the
underlying
theft
of
the
catalytic
converter
involved
in
the
transaction
from
a
vehicle,
under
section
703.1.
b.
The
person
had
knowledge
that
a
public
offense
has
been
committed
and
that
a
certain
person
committed
it,
for
purposes
of
proving
the
person
acted
as
an
accessory
after
the
fact
under
section
703.3.
Sec.
6.
Section
805.8C,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
10A.
Used
catalytic
converter
transaction
violations.
For
violations
of
section
714.27A,
the
scheduled
fine
is
one
thousand
dollars
for
a
first
violation,
five
thousand
dollars
for
a
second
violation
within
two
years,
and
ten
thousand
dollars
for
a
third
or
subsequent
violation
within
two
years.
The
scheduled
fine
under
this
subsection
is
a
civil
penalty
which
shall
be
deposited
into
the
general
Senate
File
2287,
p.
5
fund
of
the
county
or
city
if
imposed
by
a
designated
officer
or
employee
of
a
county
or
city,
or
deposited
in
the
general
fund
of
the
state
if
imposed
by
a
state
agency,
and
the
crime
services
surcharge
under
section
911.1
shall
not
be
added
to
the
penalty.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2287,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
