CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2153
Chapter 301, Laws of 2024
68th Legislature
2024 Regular Session
CATALYTIC CONVERTERS—THEFT
EFFECTIVE DATE: April 1, 2025
Passed by the House March 5, 2024 CERTIFICATE
Yeas 95 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
2153 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 1, 2024
Yeas 31 Nays 18
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 26, 2024 1:51 PM FILED
March 27, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE HOUSE BILL 2153
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Consumer Protection & Business (originally sponsored by
Representatives Ryu, Ormsby, Cheney, Reeves, Pollet, and Davis)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to deterring the theft of catalytic converters;
2 amending RCW 19.290.010, 19.290.020, 19.290.030, 19.290.040,
3 19.290.050, 19.290.060, 19.290.080, 19.290.220, 19.290.240,
4 46.79.010, 46.80.080, 46.80.210, 46.12.560, and 9A.82.010; reenacting
5 and amending RCW 46.80.010, 9.94A.533, and 9.94A.515; adding a new
6 section to chapter 19.290 RCW; adding a new section to chapter 46.70
7 RCW; adding new sections to chapter 46.79 RCW; adding a new section
8 to chapter 46.80 RCW; adding a new section to chapter 43.43 RCW;
9 adding new sections to chapter 9A.82 RCW; adding a new section to
10 chapter 9.94A RCW; creating a new section; prescribing penalties; and
11 providing an effective date.
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
13 NEW SECTION. Sec. 1. The legislature finds that rates of
14 catalytic converter theft have rapidly increased statewide and
15 nationwide, due in part to existing challenges with accurately
16 identifying stolen catalytic converters and tracking them through the
17 stream of commerce after they have been removed from their
18 originating vehicles. The legislature also finds that recent evidence
19 suggests most purchases of stolen catalytic converters are conducted
20 by unlicensed, unregulated purchasers.
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1 Therefore, the legislature intends to require all purchasers to
2 be licensed and subject to regulation and inspection. To facilitate
3 the ability to track catalytic converters, the legislature further
4 intends to require permanent marking of catalytic converters for the
5 purpose of identifying the originating vehicle. The legislature also
6 intends to create a related structure for enforcing these provisions
7 and imposing penalties commensurate with the enforcement and penalty
8 structures found in comparable areas of law.
9 NEW SECTION. Sec. 2. A new section is added to chapter 19.290
10 RCW to read as follows:
11 Nothing in this chapter shall be construed to authorize licensed
12 scrap metal businesses to purchase or sell junk vehicles or major
13 component parts as defined in RCW 46.79.010.
14 Sec. 3. RCW 19.290.010 and 2023 c 125 s 2 are each amended to
15 read as follows:
16 The definitions in this section apply throughout this chapter
17 unless the context clearly requires otherwise.
18 (1) "Commercial account" means a relationship between a scrap
19 metal business and a commercial enterprise that is ongoing and
20 properly documented under RCW 19.290.030.
21 (2) "Commercial enterprise" means a corporation, partnership,
22 limited liability company, association, state agency, political
23 subdivision of the state, public corporation, or any other legal or
24 commercial entity.
25 (3) "Commercial metal property" means: Utility access covers;
26 street light poles and fixtures; road and bridge guardrails; highway
27 or street signs; water meter covers; traffic directional and control
28 signs; traffic light signals; any metal property marked with the name
29 of a commercial enterprise, including but not limited to a telephone,
30 commercial mobile radio services, cable, electric, water, natural
31 gas, or other utility, or railroad; unused or undamaged building
32 construction materials consisting of copper pipe, tubing, or wiring,
33 or aluminum wire, siding, downspouts, or gutters; aluminum or
34 stainless steel fence panels made from one inch tubing, 42 inches
35 high with four-inch gaps; aluminum decking, bleachers, or risers;
36 historical markers; statue plaques; grave markers and funeral vases;
37 components of electric vehicle supply equipment made available for
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 1 commercial or public use; or agricultural irrigation wheels,
2 sprinkler heads, and pipes.
3 (4) "Engage in business" means conducting more than 12
4 transactions in a 12-month period.
5 (5) "Nonferrous metal property" means metal property for which
6 the value of the metal property is derived from the property's
7 content of copper, brass, aluminum, bronze, lead, zinc, nickel, and
8 their alloys. "Nonferrous metal property" does not include precious
9 metals.
10 (6) "Person" means an individual, domestic or foreign
11 corporation, limited liability corporation, partnership, trust,
12 unincorporated association, or other entity; an affiliate or
13 associate of any such person; or any two or more persons acting as a
14 partnership, syndicate, or other group for the purpose of acquiring,
15 holding, or dispersing of securities of a domestic or foreign
16 corporation.
17 (7) "Precious metals" means gold, silver, and platinum.
18 (8) (("Private metal property" means catalytic converters, either
19 singly or in bundles, bales, or bulk, that have been removed from
20 vehicles for sale as a specific commodity.
21 (9))) "Record" means a paper, electronic, or other method of
22 storing information.
23 (((10))) (9) "Scrap metal business" means a scrap metal supplier,
24 scrap metal recycler, and scrap metal processor.
25 (((11))) (10) "Scrap metal processor" means a person with a
26 current business license that conducts business from a permanent
27 location, that is engaged in the business of purchasing or receiving
28 ((private metal property,)) nonferrous metal property((,)) and
29 commercial metal property for the purpose of altering the metal in
30 preparation for its use as feedstock in the manufacture of new
31 products, and that maintains a hydraulic bailer, shearing device, or
32 shredding device for recycling.
33 (((12))) (11) "Scrap metal recycler" means a person with a
34 current business license that is engaged in the business of
35 purchasing or receiving ((private metal property,)) nonferrous metal
36 property((,)) and commercial metal property for the purpose of
37 aggregation and sale to another scrap metal business and that
38 maintains a fixed place of business within the state.
39 (((13))) (12) "Scrap metal supplier" means a person with a
40 current business license that is engaged in the business of
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 1 purchasing or receiving ((private metal property or)) nonferrous
2 metal property for the purpose of aggregation and sale to a scrap
3 metal recycler or scrap metal processor and that does not maintain a
4 fixed business location in the state.
5 (((14))) (13) "Transaction" means a pledge, or the purchase of,
6 or the trade of any item of ((private metal property or)) nonferrous
7 metal property by a scrap metal business from a member of the general
8 public. "Transaction" does not include donations or the purchase or
9 receipt of ((private metal property or)) nonferrous metal property by
10 a scrap metal business from a commercial enterprise, from another
11 scrap metal business, or from a duly authorized employee or agent of
12 the commercial enterprise or scrap metal business.
13 Sec. 4. RCW 19.290.020 and 2022 c 221 s 3 are each amended to
14 read as follows:
15 (1) At the time of a transaction, every scrap metal business
16 doing business in this state shall produce wherever that business is
17 conducted an accurate and legible record of each transaction
18 involving ((private metal property or)) nonferrous metal property.
19 This record must be written in the English language, documented on a
20 standardized form or in electronic form, and contain the following
21 information:
22 (a) The signature of the person with whom the transaction is
23 made;
24 (b) The time, date, location, and value of the transaction;
25 (c) The name of the employee representing the scrap metal
26 business in the transaction;
27 (d) The name, street address, and telephone number of the person
28 with whom the transaction is made;
29 (e) The license plate number and state of issuance of the license
30 plate on the motor vehicle used to deliver the ((private metal
31 property or)) nonferrous metal property subject to the transaction;
32 (f) A description of the motor vehicle used to deliver the
33 ((private metal property or)) nonferrous metal property subject to
34 the transaction;
35 (g) The current driver's license number or other government-
36 issued picture identification card number of the seller or a copy of
37 the seller's government-issued picture identification card; and
38 (h) A description of the predominant types of ((private metal
39 property or)) nonferrous metal property subject to the transaction,
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 1 utilizing the institute of scrap recycling industries' generally
2 accepted terminology, and including weight, quantity, or volume((;
3 and
4 (i) For every transaction specifically involving a catalytic
5 converter that has been removed from a vehicle, documentation
6 indicating that the private metal property in the seller's possession
7 is the result of the seller replacing private metal property from a
8 vehicle registered in the seller's name)).
9 (2) For every transaction that involves ((private metal property
10 or)) nonferrous metal property, every scrap metal business doing
11 business in the state shall require the person with whom a
12 transaction is being made to sign a declaration. The declaration may
13 be included as part of the transactional record required under
14 subsection (1) of this section, or on a receipt for the transaction.
15 The declaration must state substantially the following:
16 "I, the undersigned, affirm under penalty of law that the
17 property that is subject to this transaction is not to the best of my
18 knowledge stolen property."
19 The declaration must be signed and dated by the person with whom
20 the transaction is being made. An employee of the scrap metal
21 business must witness the signing and dating of the declaration and
22 sign the declaration accordingly before any transaction may be
23 consummated.
24 (3) The record and declaration required under this section must
25 be open to the inspection of any commissioned law enforcement officer
26 of the state or any of its political subdivisions at all times during
27 the ordinary hours of business, or at reasonable times if ordinary
28 hours of business are not kept, and must be maintained wherever that
29 business is conducted for five years following the date of the
30 transaction.
31 Sec. 5. RCW 19.290.030 and 2022 c 221 s 4 are each amended to
32 read as follows:
33 (1) No scrap metal business may enter into a transaction to
34 purchase or receive ((private metal property or)) nonferrous metal
35 property from any person who cannot produce at least one piece of
36 current government-issued picture identification, including a valid
37 driver's license or identification card issued by any state.
38 (2) No scrap metal business may purchase or receive ((private
39 metal property or)) commercial metal property unless the seller: (a)
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 1 Has a commercial account with the scrap metal business; (b) can prove
2 ownership of the property by producing written documentation that the
3 seller is the owner of the property; or (c) can produce written
4 documentation that the seller is an employee or agent authorized to
5 sell the property on behalf of a commercial enterprise.
6 (3) No scrap metal business may enter into a transaction to
7 purchase or receive metallic wire that was burned in whole or in part
8 to remove insulation unless the seller can produce written proof to
9 the scrap metal business that the wire was lawfully burned.
10 (4)(a) No transaction involving ((private metal property or))
11 nonferrous metal property may be made in cash or with any person who
12 does not provide a street address and photographic identification and
13 sign a declaration under the requirements of RCW 19.290.020(((1) (d)
14 and (g))) except as described in (b) ((and (c))) of this subsection.
15 The person with whom the transaction is being made may only be paid
16 by a nontransferable check, mailed by the scrap metal business to a
17 street address provided under RCW 19.290.020, no earlier than three
18 days after the transaction was made. A transaction occurs on the date
19 provided in the record required under RCW 19.290.020.
20 (b) A scrap metal business that is in compliance with this
21 chapter may pay up to a maximum of $30 in cash, stored value device,
22 or electronic funds transfer for nonferrous metal property. The
23 balance of the value of the transaction may be made by
24 nontransferable check, stored value device, or electronic funds
25 transfer at the time the transaction is made if the scrap metal
26 business digitally captures:
27 (i) A copy of one piece of current government-issued picture
28 identification, including a current driver's license or
29 identification card issued by any state; and
30 (ii) Either a picture or video of either the material subject to
31 the transaction in the form received or the material subject to the
32 transaction within the vehicle which the material was transported to
33 the scrap metal business.
34 (((c) Payment to individual sellers of private metal property as
35 defined in this chapter may not be made at the time of the
36 transaction and shall not be paid earlier than three business days
37 after the transaction was made. Records of payment for private metal
38 property as defined in this chapter must be kept in the same file or
39 record as all records collected under this subsection and retained
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 1 and be available for review for two years from the date of the
2 transaction.))
3 (5)(a) A scrap metal business's usage of video surveillance shall
4 be sufficient to comply with subsection (4)(b)(ii) of this section so
5 long as the video captures the material subject to the transaction.
6 (b) A digital image or picture taken under this section must be
7 available for two years from the date of transaction, while a video
8 recording must be available for 30 days.
9 (6) No scrap metal business may purchase or receive beer kegs
10 from anyone except a manufacturer of beer kegs or licensed brewery.
11 Sec. 6. RCW 19.290.040 and 2013 c 322 s 7 are each amended to
12 read as follows:
13 (1) Every scrap metal business must create and maintain a
14 permanent record with a commercial enterprise, including another
15 scrap metal business, in order to establish a commercial account.
16 That record, at a minimum, must include the following information:
17 (a) The full name of the commercial enterprise or commercial
18 account;
19 (b) The business address and telephone number of the commercial
20 enterprise or commercial account; and
21 (c) The full name of the person employed by the commercial
22 enterprise who is authorized to deliver ((private metal property,))
23 nonferrous metal property((,)) and commercial metal property to the
24 scrap metal business.
25 (2) The record maintained by a scrap metal business for a
26 commercial account must document every purchase or receipt of
27 ((private metal property,)) nonferrous metal property((,)) and
28 commercial metal property from the commercial enterprise. The record
29 must be maintained for three years following the date of the transfer
30 or receipt. The documentation must include, at a minimum, the
31 following information:
32 (a)