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68th Legislature 2023 HB 255.1
1 HOUSE BILL NO. 255
2 INTRODUCED BY G. OBLANDER, D. ZOLNIKOV, N. DURAM, B. LER, L. BREWSTER, K. ZOLNIKOV, B.
3 MITCHELL, S. KERNS, K. SEEKINS-CROWE, M. STROMSWOLD, R. MINER, N. NICOL, L. DEMING, G.
4 NIKOLAKAKOS, T. SMITH
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE THEFT OF
7 CATALYTIC CONVERTERS; PROVIDING RESTRICTIONS ON THE SALE OF CATALYTIC CONVERTERS;
8 PROVIDING FOR A CRIME OF ILLEGAL TRANSPORTATION OF CATALYTIC CONVERTERS; REVISING
9 RECORDKEEPING REQUIREMENTS FOR SALES OF CATALYTIC CONVERTERS; AMENDING SECTIONS
10 30-22-101 AND 30-22-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 NEW SECTION. Section 1. Sale of catalytic converters. (1) A seller may not sell more than one
15 catalytic converter to a salvage metal dealer a day.
16 (2) A salvage metal dealer may not:
17 (a) provide any consideration to a seller of a catalytic converter until 72 hours after the most recent
18 transaction between the salvage metal dealer and the seller; and
19 (b) pay more than $30 in cash, stored value device, or electronic fund transfer for any transaction
20 that includes a catalytic converter. Additional consideration contracted for may be paid by check.
21
22 NEW SECTION. Section 2. Illegal transportation of catalytic converters. (1) A person commits
23 the offense of illegal transportation of catalytic converters if the person purposely or knowingly transports more
24 than one catalytic converter that is not connected to a vehicle exhaust system and the person lacks a
25 nonferrous metal acquisition record as provided in 30-22-102.
26 (2) A person convicted of illegal transportation of catalytic converters shall be fined an amount not
27 to exceed $5,000 or be imprisoned for a term not to exceed 1 year, or both.
28
-1- Authorized Print Version – HB 255
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68th Legislature 2023 HB 255.1
1 Section 3. Section 30-22-101, MCA, is amended to read:
2 "30-22-101. Definitions. As used in this part, unless the context requires otherwise, the following
3 definitions apply:
4 (1) "Nonferrous metal" means metal and metal alloys not containing significant quantities of iron or
5 steel, including but not limited to:
6 (a) copper;
7 (b) brass;
8 (c) aluminum, other than aluminum cans;
9 (d) bronze;
10 (e) lead;
11 (f) zinc;
12 (g) nickel;
13 (h) stainless steel, including stainless steel beer kegs; and
14 (i) precious metals, including catalytic converters and their component parts and materials.
15 (2) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any
16 other legal entity.
17 (3) "Salvage metal dealer" means a person who is engaged in the business of paying, trading,
18 recycling, or bartering for or collecting nonferrous metals that have served their original economic purpose,
19 whether or not the person is engaged in the business of performing the manufacturing process by which ferrous
20 metals or nonferrous metals are converted into raw material products consisting of prepared grades and having
21 an existing or potential economic value.
22 (4) "Seller" means a person who sells or delivers nonferrous metal or otherwise makes nonferrous
23 metal available to a salvage metal dealer."
24
25 Section 4. Section 30-22-102, MCA, is amended to read:
26 "30-22-102. Recordkeeping. (1) A salvage metal dealer shall:
27 (a) maintain a nonferrous metal acquisition record for nonferrous metal transactions that include a
28 catalytic converter or that exceed $50;
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68th Legislature 2023 HB 255.1
1 (b) retain a nonferrous metal acquisition record for a period of not less than 2 years from the date
2 of the transaction; and
3 (c) make nonferrous metal acquisition records available to any peace officer on demand.
4 (2) The nonferrous metal acquisition record required under subsection (1) must contain:
5 (a) the time and date of the transaction and the name of the person conducting the transaction on
6 behalf of the salvage metal dealer;
7 (b) a general description, using scrap specifications recognized by the institute of scrap recycling
8 industries, inc., of the property acquired, including the type and amount and, if readily discernible, any
9 identifiable marks on the property;
10 (c) the amount of consideration given for the nonferrous metal;
11 (d) a photocopy or scanned copy of a current, valid driver's license, passport, or state identification
12 card of the seller, except that the identification copies required under this subsection (2)(d) do not apply if a
13 check for payment is provided to a seller or transferor;
14 (e) a signature of the seller or transferor; and
15 (f) a description of any motor vehicle and its license number used in the delivery of the nonferrous
16 metal.; and
17 (g) if the transaction includes a catalytic converter, documentation showing the catalytic converter
18 was removed from a vehicle registered to the seller."
19
20 NEW SECTION. Section 5. Codification instruction. (1) [Section 1] is intended to be codified as an
21 integral part of Title 30, chapter 22, part 1, and the provisions of Title 30, chapter 22, part 1, apply to [section 1].
22 (2) [Section 2] is intended to be codified as an integral part of Title 45, chapter 6, part 3, and the
23 provisions of Title 45, chapter 6, part 3, apply to [section 2].
24
25 NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.
26 - END -
-3- Authorized Print Version – HB 255
Statutes affected: HB0255_1.pdf: 30-22-101, 30-22-102
HB0255_2.pdf: 30-22-101, 30-22-102
HB0255_3.pdf: 30-22-101, 30-22-102
HB0255_X.pdf: 30-22-101, 30-22-102
Amended: 30-22-101, 30-22-102
Introduced: 30-22-101, 30-22-102