SENATE, No. 249
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Co-Sponsored by:
Senator Singleton, Assemblymen Danielsen, Conaway, Spearman, Atkins, Stanley, Assemblywoman Swain, Assemblymen Tully, Calabrese, Assemblywomen Pintor Marin and McKnight
SYNOPSIS
Implements certain guidelines concerning purchase of catalytic converters.
CURRENT VERSION OF TEXT
As reported by the Senate Commerce Committee on March 14, 2022, with amendments.
An Act concerning the purchase of catalytic converters and 1amending and1 supplementing P.L.2009, c.8.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. a. A core recycler shall not purchase or attempt to purchase a catalytic converter, in whole or in part, if the catalytic converter is not attached to a motor vehicle at the time of sale or attempted sale, unless the seller is a used automotive parts dealer or an automotive repair company.
b. The provisions of subsection a. of this section shall not apply to a seller that:
(1) provides the core recycler with a certificate of title, certificate of registration, a receipt from a transaction of repair, or a bill of sale for the motor vehicle from which the catalytic converter was taken; or
(2) is a registered business that, in the regular course of business, collects, stores, or sells a catalytic converter or any other motor vehicle part.
c. As used in this section, "core recycler" means a person that buys used individual catalytic converters previously removed from a motor vehicle. “Core recycler” shall include a motor vehicle junk business or motor vehicle junk yard as defined in R.S.39:11-2, pawnbroker as defined in R.S.45:22-1, and scrap metal business as defined in section 1 of P.L.2009, c.8 (C.45:28-1).
d. A violation of this act shall be a disorderly persons offense for a first or second offense, and a crime of the fourth degree for third and subsequent offenses.
e. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.]1
11. Section 1 of P.L.2009, c.8 (C.45:28-1) is amended to read as follows:
1. As used in this act:
"Scrap metal" means used, discarded, or previously owned items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys, and shall include a used catalytic converter, in whole or in part, if the used catalytic converter is not attached to a motor vehicle.
"Scrap metal business" means a commercial establishment which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing.1
(cf: P.L.2009, c.8, s.1)
12. Section 2 of P.L.2009, c.8 (C.45:28-2) is amended to read as follows:
2. The operator of a scrap metal business shall:
a. Verify the identity of any person delivering or selling scrap metal to the scrap metal business by requesting and examining a photograph-bearing, valid State or federal driver's license or other government-issued form of identification bearing a photograph;
b. Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver's license or other government-issued form of identification presented by the person delivering or selling the scrap metal, before receiving or purchasing any scrap metal from that person;
c. Maintain, for at least five years, a record of all receipts or purchases of scrap metal in excess of 100 pounds or $50, whichever is less, including, but not limited to:
(1) the date of receipt or purchase of the scrap metal;
(2) the name and address of the person delivering or selling the scrap metal;
(3) the type and number of the identification presented by the person delivering or selling the scrap metal, along with a copy of the driver's license or other government-issued form of identification;
(4) a description of the scrap metal received or purchased, including, but not limited to its type, amount, and form;
(5) the signature of the person delivering or selling the scrap metal; [and]
(6) for a used catalytic converter, in whole or in part, that is not attached to a motor vehicle at the time of sale or attempted sale, unless the seller is a registered business that, in the regular course of business, collects, stores, or sells a used catalytic converter or any other motor vehicle part:
(a) the Vehicle Identification Number of the motor vehicle from which the catalytic converter was taken; and
(b) a copy of the certificate of title or registration, a receipt from a transaction of repair, or a bill of sale for the motor vehicle from which the catalytic converter was taken; and
(7) any other information as may be required by the Attorney General; [and]
d. Make any records maintained pursuant to subsection c. of this section available, upon request, to any law enforcement agency or official investigating the possible theft or resale of scrap metals; and
e. Purchase or attempt to purchase only from a person delivering or selling scrap metal who provides the information required pursuant to this section.1
(cf: P.L.2009, c.8, s.2)
13. Section 6 of P.L.2009, c.8 (C.45:28-5) is amended to read as follows:
6. Violations of [section 2 or 4 of] P.L.2009, c.8 [(C.45:28-2 or C.45:28-3)] (C.45:28-1 et seq.) are disorderly persons offenses for a first or second offense, and crimes of the fourth degree for third and subsequent offenses.1
(cf: P.L.2009, c.8, s.6)
14. (New section) The purchase of a used catalytic converter, in whole or in part, that is not attached to a motor vehicle at the time of sale or attempted sale shall be limited to a scrap metal business, unless the seller of the used catalytic converter is a registered business that, in the regular course of business, collects, stores, or sells a catalytic converter or any other motor vehicle part.1
1[2.] 5.1 This act shall take effect immediately.