APPROVED CHAPTER
APRIL 25, 2022 660
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 61 - L.D. 796
An Act Governing the Sale, Purchase, Removal, Transport and Disposal of
Catalytic Converters Removed from Motor Vehicles, Governing Scrap Metal
Processors and Creating the Motor Vehicle Services Fund
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §101, sub-§13-A is enacted to read:
13-A. Catalytic converter. "Catalytic converter" means a device installed in the
exhaust system of a motor vehicle that uses a catalyst to convert pollutant gases into less
harmful gases.
Sec. 2. 29-A MRSA §159 is enacted to read:
§159. Motor Vehicle Services Fund
1. Fund created. The Motor Vehicle Services Fund, referred to in this section as "the
fund," is established as a nonlapsing fund in the bureau.
2. Use of funds. Money deposited into the fund may be used by the bureau for motor
vehicle-related projects and services.
3. Source of funds. Money deposited in the fund includes, but is not limited to,
revenue transferred into the fund pursuant to the sale of catalytic converters forfeited to the
State under section 1113, subsection 15. The fund may accept funds from other sources.
Sec. 3. 29-A MRSA §952, sub-§1-B, as enacted by PL 2021, c. 216, §28, is
amended to read:
1-B. Vehicles. A dealer shall:
A. On all used motor vehicles offered for sale, ensure that the written vehicle history
statement is conspicuously affixed to the vehicle pursuant to Title 10, section 1475;
and
B. For all vehicles sold, comply with the provisions of Title 10, chapter 217.; and
C. For a motor vehicle sold at retail to the end consumer, engrave the vehicle
identification number on the catalytic converter in a location that is visible from the
underside of the motor vehicle. The vehicle identification number engraved on the
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 catalytic converter must be legible. This paragraph does not require a dealer to engrave
the vehicle identification number on the catalytic converter if:
(1) The motor vehicle is sold at wholesale; or
(2) The catalytic converter is not in a location where it is clearly visible from the
underside of the motor vehicle.
Sec. 4. 29-A MRSA §1113 is enacted to read:
§1113. Catalytic converters
This section governs the sale, purchase, removal, transport and disposal of catalytic
converters that have been removed from motor vehicles. The exemptions provided in
section 1102 do not apply to the provisions of this section.
1. Removal from a motor vehicle. This subsection governs the removal of a catalytic
converter from a motor vehicle.
A. Except as provided in subsections 2, 3 and 4, a recycler may not remove a catalytic
converter from a motor vehicle if the catalytic converter does not have the vehicle
identification number of the vehicle engraved on the catalytic converter in accordance
with section 952, subsection 1-B, paragraph C unless the recycler, immediately upon
removal, engraves or marks the catalytic converter in a location that is clearly visible,
and in a manner that is permanent and legible, with:
(1) The vehicle identification number of the motor vehicle; or
(2) The recycler's license number and a stock number from a stock number system
used by the recycler.
A person who violates this paragraph commits a Class E crime.
B. Except as provided in subsections 2 and 3, a person who is not a recycler may not
remove a catalytic converter from a motor vehicle if the catalytic converter does not
have the vehicle identification number of the motor vehicle engraved on the catalytic
converter in accordance with section 952, subsection 1-B, paragraph C unless the
person, immediately upon removal, marks the catalytic converter in a location that is
clearly visible, and in a manner that is permanent and legible, with the vehicle
identification number of the motor vehicle.
A person who violates this paragraph commits a Class E crime.
2. Damage or missing vehicle identification number upon removal. If a person is
not able to identify the vehicle identification number of the motor vehicle the catalytic
converter is attached to or the catalytic converter is too damaged to mark in a manner that
is permanent and legible, the person may remove the catalytic converter from the motor
vehicle only if the person follows the process established by the Secretary of State under
subsection 14.
3. Motor vehicle repair and maintenance. If a person engaged in the repair or
maintenance of a motor vehicle must temporarily remove the catalytic converter from the
motor vehicle in order to complete the repair or maintenance, that person is not required to
mark the catalytic converter in accordance with subsection 1. This subsection does not
exempt a person from the marking requirements in subsection 1 if the person attaches the
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catalytic converter to a different motor vehicle than the motor vehicle undergoing repair or
maintenance or sells, trades or transfers the catalytic converter to another person.
4. Marking or recording in the event of final disposal or deconstruction. If a
recycler is removing a catalytic converter from a motor vehicle for the purpose of final
disposal or deconstruction under subsection 8, the recycler is not required to mark the
catalytic converter in accordance with subsection 1. A recycler removing a catalytic
converter from a motor vehicle for the purpose of final disposal shall:
A. Mark the catalytic converter with the recycler's license number in a location that is
clearly visible and in a manner that is permanent and legible; and
B. Maintain a record of the catalytic converter the recycler removed from a motor
vehicle and the manner in which it was disposed.
5. Prohibition on purchase or sale. This subsection governs the purchase and sale of
a catalytic converter that has been removed from a motor vehicle.
A. A person who is not a recycler may not operate a business that deals in the purchase
of catalytic converters that have been removed from motor vehicles or the
deconstruction or disposal of catalytic converters that have been removed from motor
vehicles.
A person who violates this paragraph commits a Class E crime.
B. A person who is not a recycler may not purchase a catalytic converter that has been
removed from a motor vehicle.
A person who violates this paragraph commits a Class E crime.
C. A person who is not a recycler may sell a catalytic converter only if the catalytic
converter has been properly marked in accordance with subsection 1 or 14 or section
952, subsection 1-B, paragraph C.
A person who violates this paragraph commits a Class E crime.
6. Purchase or sale by recyclers. The following provisions govern the purchase, sale
or acquisition by a recycler of a catalytic converter that has been removed from a motor
vehicle.
A. A recycler may not purchase, sell or acquire a catalytic converter unless it has been
engraved or marked in accordance with subsection 1 or 14 or section 952, subsection
1-B, paragraph C.
A person who violates this paragraph commits a Class D crime.
B. A recycler may not sell a catalytic converter to a person other than a recycler.
A person who violates this paragraph commits a Class E crime.
C. A recycler may not purchase or acquire a catalytic converter unless the recycler,
within 10 days of the purchase or acquisition, submits a report of the transaction to a
property and recovery tracking system administered by a regional law enforcement
support organization designated by the Secretary of State that includes:
(1) The name and address of the recycler who purchased or acquired the catalytic
converter;
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 (2) The date and time of the purchase or acquisition;
(3) The name, address, date of birth, telephone number and unique identifying
number from a valid form of identification of the person who conveyed the
catalytic converter to the recycler;
(4) The vehicle identification number or recycler's license number and stock
number from a stock number system used by the recycler marked on the catalytic
converter at the time of the purchase or acquisition; and
(5) The purchase price, if any, of the catalytic converter.
A person who violates this paragraph commits a Class E crime.
7. Records of purchases made by recyclers. This subsection governs the record-
keeping requirements for a recycler that purchases a catalytic converter that has been
removed from a motor vehicle.
A. Except as provided in paragraph C, a recycler shall maintain an accurate and legible
record of each catalytic converter purchase transaction.
A person who violates this paragraph commits a Class E crime.
B. A recycler shall provide payment to a seller only in the form of a credit card, as
defined in Title 9-A, section 1-301, subsection 16, a debit card, as defined in Title 10,
section 1271, subsection 3, or a check. If payment is made by check, the recycler shall
maintain a record of the payee, check number and name of the financial institution
upon which the check is drawn.
A person who violates this paragraph commits a Class E crime.
C. A recycler is not required to maintain individual records for a series of catalytic
converter purchase transactions made pursuant to a written contract or bill of sale.
D. The record of each catalytic converter purchase transaction required under
paragraph A must be on a form prescribed by the Commissioner of Public Safety and
contain the following information:
(1) The name and address of the seller. The recycler shall require the seller to
provide proof of identification with a driver's license, military identification card,
passport or other form of government-issued photographic identification. The
recycler shall photocopy the form of photographic identification presented and
record the distinct identifying number of that photographic identification. If the
proof of identification contains a photograph that is faded, out of date or otherwise
indiscernible, the recycler shall photograph the seller. A recycler shall keep these
proof of identification records in a secure, nonpublic location and, unless otherwise
permitted by law, may not publish, reproduce, distribute or disclose these records
for any other purpose than that described in paragraph E, subparagraph (2).
Information required under this subparagraph may be maintained for repeat sellers
in a relational database that allows the recycler to record the information one time
and relate future purchase records to that information;
(2) The date of the catalytic converter purchase transaction;
(3) A general description of the catalytic converter purchased, which must be made
in accordance with the custom of the trade;
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 (4) The weight, quantity or volume of the catalytic converters purchased, which
must be recorded in accordance with the custom of the trade;
(5) The consideration paid;
(6) A signed statement that the seller is the owner or is otherwise authorized to sell
the catalytic converter on a form provided by the buyer that conspicuously bears
the warning that making a false statement is a Class D crime under Title 17-A,
section 453; and
(7) The make, model number and state of issue of the license plate of the vehicle
being used to deliver the catalytic converter.
A person who violates this paragraph commits a Class E crime.
E. A recycler shall maintain records under this subsection, which must be:
(1) Retained for a period of 5 years; and
(2) Made available to any law enforcement officer of the State or of any
municipality or county.
A person who violates this paragraph commits a Class E crime.
8. Final disposal and deconstruction. This subsection governs the final disposal or
deconstruction of a catalytic converter.
A. A person other than a recycler may not finally dispose of or deconstruct a catalytic
converter that has been removed from a motor vehicle or remove the contents of a
catalytic converter that has been removed from a motor vehicle.
A person who violates this paragraph commits a Class E crime.
B. A recycler may not finally dispose of or deconstruct a catalytic converter that has
been removed from a motor vehicle or remove the contents of a catalytic converter that
has been removed from a motor vehicle unless:
(1) The recycler has complied with the requirements of subsection 6, paragraph C;
and
(2) The catalytic converter has been engraved or marked in accordance with
subsection 1 or 14 or section 952, subsection 1-B, paragraph C.
A person who violates this paragraph commits a Class E crime.
For the purposes of this section, "final disposal" or "finally dispose of" means the disposal
or deconstruction of a catalytic converter in a manner that ensures the catalytic converter
will not be sold or reused as a catalytic converter following the disposal or deconstruction.
9. Transportation. The following provisions govern the transportation of a catalytic
converter that has been removed from a motor vehicle.
A. A person may not transport a catalytic converter that has been removed from a motor
vehicle that the person has reason to know has not been engraved or marked in
accordance with subsection 1 or 14 or section 952, subsection 1-B, paragraph C.
A person who violates this paragraph commits a Class E crime.
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 B. A recycler may not transport a catalytic converter that has been removed from a
motor vehicle if the recycler has reason to know that the catalytic converter is not
properly identified on a manifest required under this paragraph.
(1) For any catalytic converter that is not engraved or marked with a vehicle
identification number and is being transported by a recycler, the recycler shall
possess a manifest that includes the relevant stock number, the name of the recycler
that marked the catalytic converter with the stock number from a stock number
system used by the recycler, the vehicle identification number of the motor vehicle
from which the catalytic converter was removed and the license number of the
recycler transporting the catalytic converter.
(2) For any catalytic converter marked for final disposal under subsection 4 and
being transported by a recycler, the recycler shall possess a manifest that includes
the name of the recycler that marked the catalytic converter, the license number of
the recycler transporting the catalytic converter, the total number of catalytic
converters being transported for final disposal and the name and address of the
person receiving the catalytic converters marked for final disposal.
A person who violates this paragraph commits a Class E crime.
10. Misrepresentation. A person may not mark a catalytic converter with a vehicle
identification number that the person has reason to know is not the vehicle identification
number of the motor vehicle from which the catalytic converter was removed.
A person who violates this subsection commits a Class E crime.
11. Unlawful possession. A person may not knowingly possess a catalytic converter
that has been removed from a motor vehicle unless:
A. The catalytic converter has been properly marked in accordance with subsection 1
or 14 or section 952, subsection 1-B, paragraph C; or
B. The person has requested a new identification number and is awaiting a
determination from the Secretary of State under subsection 14.
A person who violates this subsection commits a Class D crime.
12. Defacing of markings. A person may not deface or remove from a catalytic
converter the markings required under subsection 1 or 14 or section 952, subsection 1-B,
paragraph C.
A person who violates this subsection commits a Class D crime.
13. Aggravated possession or defacing of markings. A person who violates
subsection 11 or 12 and at the time of the violation has a prior conviction for violating
subsection 11 or 12 that is less than 5 years old commits a Class C crime.
14. State-issued identification number. If a person is in possession of a catalytic
converter that has been removed from a motor vehicle and the person has determined that
the vehicle identification number of the motor vehicle from which the catalytic converter
is removed cannot be identified or that the catalytic converter is too damaged to mark in a
manner that is permanent and legible, the person shall, as soon as possible, submit a request
for the Secretary of State to assign an identification number to the catalytic converter. A
person submitting a request for the Secretary of State to assign an identification number to
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a catalytic converter must provide appropriate documentation of that person's ownership of
the catalytic converter and any other appropriate information required by the Secretary of
State by rule.
Upon receipt of a request that fulfills the requirements of this subsection, the Secretary of
State shall assign a temporary request identification number and issue documentation