Amends TCA Title 38; Title 55 and Title 62.

This bill establishes certain requirements governing unattached catalytic converters, as discussed below. Present law requires a person, firm, or corporation engaged in the business of buying or selling used automobile parts to keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels, steering wheels, automobile radios and automobile tape players, and bumpers. This bill extends this provision to also require "entities" to keep such records and to add records of transactions of buying or selling unattached catalytic converters to the records that must be maintained. This bill also requires a person, firm, corporation, or entity engaged in the business of buying or selling unattached catalytic converters as a single item and not as part of a scrapped motor vehicle to register with the chief of police and sheriff of each city and county in which the activity is carried on. Similarly, present law requires certain motor vehicle dismantlers and recyclers and requires scrap metal processors who purchase motor vehicles for parts, dismantling, or scrap, to maintain a record of every vehicle bought, sold, dismantled, exchanged, or received by the motor vehicle dismantler and recycler or scrap metal processor. This bill adds that such motor vehicle dismantlers and recyclers and scrap metal processors who purchase unattached catalytic converters as a single item and not as part of a scrapped motor vehicle must register with the chief of police and sheriff of each city and county in which the activity is carried on. The motor vehicle dismantlers and recyclers to whom present law and this bill apply are those who are required under present law to be licensed, which are those engaging in business as, or serving in the capacity of, or acting as a manufacturer, distributor, factory branch, distributor branch, factory representative, distributor representative, motor vehicle dealer, motor vehicle salesperson or automobile auction. ON APRIL 5, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1612, AS AMENDED. AMENDMENT #1 rewrites this bill to require: (1) Any person engaged in the business of buying or selling unattached catalytic converters as a single item and not as part of a scrapped motor vehicle to give written notification to the chief law enforcement official of each city and county in which the activity is carried on; and (2) Any person purchasing a used, detached catalytic converter to be registered as a scrap metal dealer. This amendment's provisions don't apply to a used, detached catalytic converter that has been approved for reuse, and being bought or sold for purposes of reuse, in accordance with the federal Clean Air Act. This bill amendment prohibits a scrap metal dealer from purchasing or otherwise acquiring a used, detached catalytic converter, or any nonferrous metal part of such converter unless: (1) The used, detached catalytic converter is purchased at the fixed site of the scrap metal dealer in an in-person transaction; or (2) The scrap metal dealer maintains a fixed site, maintains all identification and documentation required under present law for scrap metal transactions, and maintains a copy of the seller's license or a copy of the documentation and vehicle registration. This amendment prohibits the shipment of a used, detached catalytic converter or any part of such converter, unless the converter or part of such converter is being shipped between licensed entities. This amendment requires a scrap metal dealer to note in the scrap metal dealer's records any obvious markings on the used, detached catalytic converter. Under this amendment, only the following persons who provide notice to the applicable chief of the local law enforcement agency may possess or sell used, detached catalytic converters: (1) A licensed motor vehicle dismantler and recycler; (2) A registered scrap metal dealer; (3) A licensed motor vehicle dealer; (4) A licensed mechanic or licensed automotive repair facility; (5) Any other licensed business that may reasonably generate, possess, or sell used, detached catalytic converters; or (6) An individual who possesses 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. Under this amendment, it will be a Class A misdemeanor offense, punishable only by fine, for a person to possess a used, detached catalytic converter without authorization pursuant to (1)-(6). Any such offender will be presumed to be in possession of contraband, subject to seizure by a member of a state or local law enforcement agency and subject to forfeiture in the same manner as is provided by law for the forfeiture of other contraband items. This amendment specifies that the seller of a used, detached catalytic converter that has been stolen is liable to the victim for the repair and replacement of the catalytic converter as may be ordered by the court or as otherwise provided by law. This amendment specifies that it does not prohibit a licensed motor vehicle dismantler and recycler or a registered scrap metal dealer from transporting and selling used, detached catalytic converters to a processor, smelter, or refiner, for the recovery of the components in the converters.