Bill Text: NH SB188 | 2023 | Regular Session | Amended
Bill Title: Relative to catalytic converters.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2023-08-09 - Signed by the Governor on 08/04/2023; Chapter 0221; Effective 08/04/2023 [SB188 Detail]
Download: New_Hampshire-2023-SB188-Amended.html
SB 188-FN - AS AMENDED BY THE SENATE
02/09/2023 0424s
2023 SESSION
23-1049
09/10
SENATE BILL 188-FN
AN ACT relative to catalytic converters.
SPONSORS: Sen. Fenton, Dist 10; Sen. Ricciardi, Dist 9; Sen. Watters, Dist 4; Sen. Prentiss, Dist 5; Rep. Sykes, Graf. 14
COMMITTEE: Transportation
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ANALYSIS
This bill places a variety of record keeping requirements on catalytic converter and scrap metal dealers, and requires their cooperation with enforcement in the event of a theft.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0424s 23-1049
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to catalytic converters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Sale of Catalytic Converters. Amend RSA 266 by inserting after section 266:117 the following new subdivision:
Sale of Catalytic Converters
266:118 Sale of Catalytic Converters.
I. For the purposes of this subdivision:
(a) "Automobile" means an automobile or other type of vehicle required to be equipped with a catalytic converter under RSA 266:59-b.
(b) "Automobile parts" means the different pieces of a car, which are manufactured separately and used to build or repair cars.
(c) "Catalytic converter" means an automobile exhaust-system component that causes conversion of harmful gases including but not limited to, carbon monoxide and uncombusted hydrocarbons into mostly harmless products including, but not limited to, water and carbon dioxide.
II. Any person licensed to purchase, sell, barter, or deal in old metals under RSA 322 shall, upon request by the chief of police of the city or town where the licensee is licensed send a record containing the following information to law enforcement:
(a) The date of a transaction for old or used metals;
(b) The name, address, telephone number and signature of the person from whom the old or used metals were purchased or received;
(c) A photocopy or digital image of the person's photo identification;
(d) The license plate number and vehicle identification number of the vehicle used to transport the old or used metals to the licensee, whenever applicable;
(e) A description of the old or used metals;
(f) A photograph of the old or used metals;
(g) Photocopies or digital images of the bill of sale or other legal documents demonstrating ownership by the seller or offeror; and
(h) The price paid by the licensee for the old or used metals.
III. Nothing in this subdivision shall require additional record keeping for junked autos or automobile parts in excess of what is required by law.
IV. The licensee shall retain records established pursuant to this subdivision for a period of 2 years from the date of the transaction. This paragraph shall not relieve a licensee of any other record retention requirements imposed by law.
V. This subdivision 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 second hand articles under RSA 322, and who has previously created a record in accordance with this subdivision and provides a written statement affirming such record at the time of the transaction.
VI. No person or entity licensed as a junk dealer, a second hand dealer, motor vehicle repair shop, an automobile graveyard, or a junkyard under RSA 322 shall 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 the catalytic converter. The licensee shall preserve photocopies or digital images of the documentation.
VII. Any person or entity licensed pursuant to RSA 322 as a junk dealer, a second-hand dealer, a motor vehicle repair shop or a storage facility for dismantled, junked or abandoned vehicles shall keep records of all transactions listed in this subsection. The licensee shall make available to the chief of police or the chief’s designee any records created according to this subsection upon request by the chief or the chief’s designee. The following shall be included in the records prepared pursuant to this subdivision:
(a) The date of a transaction for the catalytic converter;
(b) The name, address, telephone number and signature of the person from whom the catalytic converter was purchased or received;
(c) A photocopy or digital image of the person's photo identification;
(d) The license plate number and vehicle identification number of the vehicle used to transport the old or used metals to the licensee, whenever applicable;
(e) A description of the catalytic converter;
(f) A photograph of the catalytic converter;
(g) Photocopies or digital images of the bill of sale or other legal documents demonstrating ownership by the seller or offeror; and
(h) The price paid by the licensee for the catalytic converter.
VIII. Any person or entity licensed pursuant to RSA 322 as a junk dealer, a second hand dealer, motor vehicle repair shop, an automobile graveyard, or a junkyard shall retain the catalytic converter received for a period of 10 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.
IX. All persons or entities involved in the sale and purchasing of a catalytic converter shall use a company check as a method of payment.
X. Violations of this subdivision shall be guilty of a misdemeanor pursuant to RSA 322:13.
XI. This subdivision shall not apply to licensees' acquisitions or purchases of whole motor vehicles.
XII. 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.
XIII. All persons or entities licensed pursuant to RSA 322 as junk dealer, a second hand dealer, motor vehicle repair shop, an automobile graveyard, or a junkyard shall, in the sale of a catalytic converter, use a company check to purchase the vehicle part.
XIV. Licensed vehicle salvage yards shall be exempt from the provisions of this section if they take in a full and complete car and not pieces, or parts of a car related to the sale of a catalytic converter.
2 Effective Date. This act shall take effect 60 days after its passage.
23-1049
1/17/23
SB 188-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to catalytic converters.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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METHODOLOGY:
This bill, relative to catalytic converters, creates a misdemeanor level penalty that could have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) |
Violation and Misdemeanor Level Offense | $119 | $122 | $122 |
Routine Criminal Case | $644 | $657 | $779 |
Appeals | Varies | Varies | Varies |
Judicial Council | FY 2023 | FY 2024 | |||
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. | |||
Contract Attorney – Misdemeanor | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | |||
Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap. | $90/Hour up to $2,000 | $90/Hour up to $2,000 | |||
Assigned Counsel - Supreme Court Appeal | $125/Hour up to $10,000 | $125/Hour up to $10,000 | |||
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | |||||
NH Association of Counties | FY 2023 | FY 2024 | |||
County Prosecution Costs | Indeterminable | Indeterminable | |||
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 | |||
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties
