MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representatives Felsher, Bain, Stamps
AN ACT TO AMEND SECTION 97-17-71, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR VIOLATIONS OF PURCHASE TRANSACTIONS FOR SCRAP METAL; TO REVISE DEFINITIONS BY ADDING CERTAIN TERMS; TO REQUIRE RECORD KEEPING FOR DEALER-TO-DEALER TRANSACTIONS; TO REGULATE DELIVERY OF METAL PROPERTY BY A PERSON OTHER THAN THE SELLER WHO DELIVERS METAL PROPERTY; TO AMEND SECTIONS 97-17-71.1 AND 97-17-71.2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO CREATE NEW SECTION 97-17-71.3, MISSISSIPPI CODE OF 1972, TO REGULATE THE PURCHASE OF CATALYTIC CONVERTERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-17-71, Mississippi Code of 1972, is amended as follows:
97-17-71. (1) For the purposes of this section, the following terms shall have the meanings ascribed in this section:
(a) "Railroad materials" means any materials, equipment and parts used in the construction, operation, protection and maintenance of a railroad.
(b) "Copper materials" means any copper wire, bars, rods or tubing, including copper wire or cable or coaxial cable of the type used by public utilities, common carriers or communication services providers, whether wireless or wire line, copper air conditioner evaporator coil or condenser, aluminum copper radiators not attached to a motor vehicle, or any combination of these.
(c) "Aluminum materials" means any aluminum cable, bars, rods or tubing of the type used to construct utility, communication or broadcasting towers, aluminum utility wire and aluminum irrigation pipes or tubing. "Aluminum materials" does not include aluminum cans that have served their original economic purpose.
(d) "Dealer-to-dealer transaction(s)" means any transaction of regulated metals, regardless of compensation, between registered scrap metal dealers.
( * * *e) "Law enforcement officer"
means any person appointed or employed full time by the state or any political
subdivision thereof, or by the state military department as provided in Section
33-1-33, who is duly sworn and vested with authority to bear arms and make
arrests, and whose primary responsibility is the prevention and detection of
crime, the apprehension of criminals and the enforcement of the criminal
traffic laws of this state or the ordinances of any political subdivision
thereof.
( * * *f) "Metal property" means
materials as defined in this section as railroad track materials, copper
materials and aluminum materials and electrical, communications or utility
brass, metal covers for service access and entrances to sewers and storm drains,
metal bridge pilings, irrigation wiring and other metal property attached to or
part of center pivots, grain bins, stainless steel sinks, catalytic converters
not attached to a motor vehicle and metal beer kegs. Metal property does not
include ferrous materials not listed in this section.
( * * *g) "Person" means an
individual, partnership, corporation, joint venture, trust, limited liability
company, association or any other legal or commercial entity.
( * * *h) "Personal identification card"
means any government issued photographic identification card including a valid
identification card issued by a federally recognized Indian tribe that contains
a color photograph of the card holder and the card holder's legal name,
residence address and date of birth.
( * * *i) "Photograph" or "photographically"
means a still photographic image, including images captured in digital format,
that are of such quality that the persons and objects depicted are clearly
identifiable.
( * * *j) "Purchase transaction"
means a transaction in which * * * metal
property is acquired whether the person acquiring the metal property gives consideration
for the metal property or not. For purposes of this act, the words "purchase"
and "purchased" mean a purchase transaction.
( * * *k) "Purchaser" means a
person who * * * acquires metal property,
whether the person gives consideration for the metal property or not.
( * * *l) "Record" or "records"
means a paper, electronic or other method of storing information.
(m) "Registered business entity" means a business entity created by statute, registered and in good standing with its state of incorporation or formation, and having a federal Employer Identification Number (EIN). This term does not include any sole proprietorship, fictitious business name, or nonstatutory general partnership.
(n) "Scrap metal" means any metal property that is acquired by a scrap metal dealer in a purchase transaction.
( * * *o) "Scrap metal dealer"
means any person who is engaged, from a fixed location or otherwise, * * * acquiring
by purchase transaction, metal property that has served its original
economic purpose, whether or not the person is engaged in the business of
performing the manufacturing process by which metals are converted into raw
material products consisting of prepared grades and having an existing or
potential economic value. Any person who falls under this definition must register
as a scrap metal dealer pursuant to this act and its rules.
(2) Every scrap metal dealer or other purchaser shall keep an accurate and legible record in which he shall enter the following information for each purchase transaction:
(a) The name, address and age of the person from whom the metal property is purchased as obtained from the seller's personal identification card;
(i) If a person other than the seller delivers the metal property to the purchaser, the purchaser shall enter the name, address, and age of the person who delivers the metal property, as obtained from the personal identification card of the person delivering the metal property. If the person delivering the metal property is the employee of the scrap metal dealer purchasing the property, the purchaser is not required to enter the name, address, and age of the person who delivers the metal property.
(ii) If the seller is a registered business entity, and a person other than the seller delivers the metal property to the purchaser, in addition to the information required by this paragraph, the purchaser shall enter the name, principal business address, state of incorporation or formation of the entity, the federal Employer Identification Number (EIN) of the entity, and the name and telephone number of a contact person for the seller.
(b) The date and place of each acquisition of the metal property;
(c) The weight,
quantity or volume and a general physical description of the type of metal
property, such as wire, tubing, extrusions or casting, * * * acquired in a purchase
transaction;
(d) The amount of consideration given in a purchase transaction for the metal property. If no consideration is given, a record of the origin of the regulated metal;
(e) The vehicle license tag number, state of issue and the make and type of the vehicle used to deliver the metal property to the purchaser;
* * *
( * * *f) A signed statement from the person
receiving consideration in the purchase transaction stating that he or she
is the rightful owner of the metal property or is entitled to sell the metal
property being sold. Signed statements as required by this section may be
collected and recorded on paper, by photographic copy, or other alternative
formats as set forth in the rules promulgated by the Secretary of State;
( * * *g) * * * A scanned copy or a photocopy of the
personal identification card of the person receiving consideration, or delivering
the metal property in the purchase transaction; * * *
* * *
( * * *h) A photograph, videotape or similar
likeness of the person receiving consideration or any person other than the seller
who delivers the metal property to the purchaser in which the person's facial
features are clearly visible and in which the metal property the person is selling
or delivering is clearly visible.
Such records shall be maintained by the scrap metal dealer or purchaser for not less than two (2) years from the date of the purchase transaction, and such records shall be made available to any law enforcement officer or Secretary of State examiner during usual and customary business hours. Any photograph of metal property taken and maintained pursuant to this subsection shall be admissible in any civil or criminal proceeding.
(3) * * * The purchaser shall * * * photographically capture the metal
property * * * as it
exists when it is acquired by the purchaser. The time and date shall be
digitally recorded on the photograph, and the identity of the person taking the
photograph shall be recorded. The purchaser shall permit any law enforcement
officer or Secretary of State examiner to make an inspection of the
metal property * * *, if the metal property is still in the purchaser's
possession, and of all photographs of the metal property. Any photograph
of metal property taken and maintained pursuant to this subsection shall be
admissible in any civil or criminal proceeding.
(4) During the usual and customary
business hours of a scrap metal dealer * * *, a law enforcement officer or
Secretary of State examiner, after proper identification as a law
enforcement officer or Secretary of State examiner, shall have the right
to inspect all purchased metal property and all records pertaining to the
purchase of regulated metals in the possession of the scrap metal dealer or
purchaser.
(5) (a) Whenever a law
enforcement officer has reasonable cause to believe that any item of metal
property in the possession of a scrap metal dealer * * * has been stolen, a law
enforcement officer who has an affidavit from the alleged rightful owner of the
property identifying the property with specificity, including any identifying
markings, may issue and deliver a written hold notice to the scrap metal dealer * * *. The hold notice shall
specifically identify those items of metal property that are believed to have
been stolen and that are subject to the hold notice. Upon receipt of the notice,
the scrap metal dealer * * * may not process or remove the metal property
identified in the notice from the place of business of the scrap metal dealer * * * for fifteen (15) calendar days
after receipt of the notice, unless sooner released by a law enforcement
officer.
(b) No later than the
expiration of the fifteen-day period, a law enforcement officer, after
receiving additional substantive evidence beyond the initial affidavit, may
issue and deliver a second written hold notice, which shall be an extended hold
notice. The extended hold notice shall specifically identify those items of
metal property that are believed to have been stolen and that are subject to
the extended hold notice. Upon receipt of the extended hold notice, the scrap
metal dealer * * * may not process or remove the items of metal property
identified in the notice from the place of business of the scrap metal dealer * * * for fifteen (15) calendar days after
receipt of the extended hold notice, unless sooner released by a law
enforcement officer.
(c) At the expiration
of the hold period or, if extended in accordance with this subsection, at the
expiration of the extended hold period, the hold is automatically released, then
the scrap metal dealer * * * may dispose of the metal property unless other disposition
has been ordered by a court of competent jurisdiction.
(d) If the scrap metal
dealer * * * contests the identification or ownership of the metal
property, the party other than the scrap metal dealer * * * claiming ownership of any
metal property in the possession of a scrap metal dealer * * *, provided that a timely
report of the theft of the metal property was made to the proper authorities,
may bring a civil action in the circuit court of the county in which the scrap
metal dealer or purchaser is located. The petition for the action shall
include the means of identification of the metal property utilized by the
petitioner to determine ownership of the metal property in the possession of
the scrap metal dealer * * *.
(e) When a lawful
owner recovers stolen metal property from a scrap metal dealer * * * who has complied with this
section, and the person who sold the metal property to the scrap metal dealer * * * is convicted of a violation
of this section, or theft by receiving stolen property under Section 97-17-70,
the court shall order the convicted person to make full restitution to the
scrap metal dealer * * *, including, without limitation, attorney's fees, court
costs and other expenses.
(6) * * * For dealer-to-dealer transactions,
records required to be kept include:
(a) * * *
Name and address of selling dealer,
(b) * * * Date
and place of each acquisition of the metal property,
(c) * * * The
weight, quantity, or volume and a general description of the type of metal
property, and
(d) * * * The amount or type of consideration given for the metal
property by the purchasing dealer.
* * *
Such records shall be maintained by the scrap metal dealer for not less than two (2) years from the date of the purchase transaction, and such records shall be made available to any law enforcement officer or Secretary of State examiner during usual and customary business hours.
(7) It shall be unlawful for any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a scrap metal dealer or other purchaser in return for metal property.
(8) * * *. Unless the seller is a registered business
entity, able to provide the information set forth in this section, a scrap
metal dealer shall not enter into any cash transactions in payment for the
purchase of metal property.
(9) If a person acquiring
metal property fails to maintain the records or to hold such materials * * *
as requested by a law enforcement officer under this act, such failure
shall be prima facie evidence that the person receiving the metal property received
it knowing it to be stolen in violation of Section 97-17-70.
* * *It shall be unlawful for any person to transport or cause to be
transported for himself or another from any point within this state to any
point outside this state any metal property, unless the person or entity first
reports to the sheriff of the county from which he departs this state
transporting such materials the same information that a purchaser in this state
would be required to obtain and keep in a record as set forth in subsection (2)
of this section. In such a case the sheriff receiving the report shall keep
the information in records maintained in his office as a public record
available for inspection by any person at all reasonable times. This section
shall not apply to a public utility, as that term is defined in Section 77‑3‑3,
engaged in carrying on utility operations; to a railroad, as that term is
defined in Section 77‑9‑5; to a communications service provider,
whether wireless or wire line; to a scrap metal dealer; or to a person
identified in subsection (6) as being exempt from the provisions of this
section.
( * * *10) It shall be unlawful for a scrap
metal dealer or other purchaser to knowingly purchase or possess a metal beer
keg, or a metal syrup tank generally used by the soft drink industry, whether
damaged or undamaged, or any reasonably recognizable part thereof, on any
premises that the dealer uses to buy, sell, store, shred, melt, cut or
otherwise alter scrap metal. However, it shall not be unlawful to purchase or
possess a metal syrup tank generally used by the soft drink industry if the
scrap metal dealer or other purchaser obtains a bill of sale at the time of
purchase from a seller if the seller is a manufacturer of such tanks, a soft
drink company or a soft drink distributor.
( * * *11) It shall be unlawful to sell to a
scrap metal dealer any bronze vase and/or marker, memorial, statue, plaque, or
other bronze object used at a cemetery or other location where deceased persons
are interred or memorialized, or for any such dealer to purchase those objects,
unless the source of the bronze is known and notice is provided to the
municipal or county law enforcement agency where the dealer is located. The
notice shall identify all names, letters, dates and symbols on the bronze and a
photograph of the bronze shall be attached thereto. Written permission from
the cemetery and the appropriate law enforcement agency must be received before
any type of bronze described in this subsection may be purchased, processed,
sold or melted.
( * * *12) It shall be unlawful for any
scrap metal dealer to purchase any manhole cover and other similar types of
utility access covers, including storm drain covers, or any metal property
clearly identified as belonging to a political subdivision of the state or a
municipality, unless that metal property is purchased from the political
subdivision, the municipal utility or the manufacturer of the metal. Any
purchaser who purchases metal property in bulk shall be allowed twenty-four (24)
hours to determine if any metal property prohibited by this subsection is included
in a bulk purchase. If such prohibited metal property is included in a bulk
purchase, the purchaser shall notify law enforcement no later than twenty-four
(24) hours after the purchase.
( * * *13) It shall be unlawful for a scrap
metal dealer or other purchaser to purchase metal property from a person
younger than eighteen (18) years of age.
( * * *14) Metal property may not be
purchased, acquired or collected between the hours of 9:00 p.m. and 6:00 a.m.
( * * *15) Except as provided in this
subsection, any person willfully or knowingly violating the provisions of this * * * act shall, upon conviction
thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not
to exceed One Thousand Dollars ($1,000.00) per offense, unless the purchase
transaction or transactions related to the violation, in addition to any costs
which are, or would be, incurred in repairing or in the attempt to recover any
property damaged in the theft of or removal of the metal property, including
replacement costs of the metal property, are in aggregate an amount which
exceeds One Thousand Dollars ($1,000.00) but less than Five Thousand Dollars ($5,000.00),
in which case the person shall be guilty of a felony and shall be imprisoned in
the custody of the Department of Corrections for a term not to exceed five (5)
years, fined not more than Ten Thousand Dollars ($10,000.00), or both. Any
person found guilty of stealing metal property or receiving metal property,
knowing it to be stolen in violation of Section 97-17-70, shall be ordered to
make full restitution to the victim, including, without limitation, restitution
for property damage that resulted from the theft of the property.
( * * *16) If the purchase transaction or
transactions related to the violation, in addition to any costs which are, or
would be, incurred in repairing or in the attempt to recover any property
damaged in the theft of or removal of the metal property, including
replacement costs of the metal property, are in aggregate an amount which
exceeds Five Thousand Dollars ($5,000.00) but less than Twenty-five Thousand
Dollars ($25,000.00), the person shall be guilty of a felony and shall be imprisoned
in the custody of the Department of Corrections for a term not less than one
(1) year, but not to exceed ten (10) years, fined not more than * * * Fifteen Thousand
Dollars ($15,000.00), or both.
( * * *17) If the purchase transaction or
transactions related to the violation, in addition to any costs which are, or
would be, incurred in repairing or in the attempt to recover any property
damaged in the theft of or removal of the metal property, including
replacement costs of the metal property, are in aggregate an amount which
exceeds Twenty-five Thousand Dollars ($25,000.00), the person shall be guilty
of a felony and shall be imprisoned in the custody of the Department of Corrections
for a term not less than three (3) years, but not to exceed twenty (20)
years, fined not more than * * * Twenty Thousand
Dollars ($20,000.00), or both.
( * * *18) This section shall not be
construed to repeal other criminal laws. Whenever conduct proscribed by any provision
of this section is also proscribed by any other provision of law, the provision
which carries the more serious penalty shall be applied.
( * * *19) This section shall apply to all
businesses regulated under this section without regard to the location within
the State of Mississippi.
( * * *20) This * * * act shall take precedence over
any and all local ordinances governing purchase transactions of metal property.
If any municipal or county ordinance, rule or regulation conflicts with the
provisions of this act, the provisions of this act shall preempt the municipal
or county ordinance, rule or regulation.
SECTION 2. Section 97-17-71.1, Mississippi Code of 1972, is amended as follows:
97-17-71.1. (1) (a) From
and after * * * sixty (60) days after the passage of this act, it shall
be unlawful for any scrap metal dealer or any person who purchases scrap metal,
deals in scrap metal, or otherwise engages in the scrap metal business to fail
to register with the Secretary of State. All registrations under this section
shall expire two (2) years from the date of the registration or the renewal
thereof.
(b) The Secretary of State may promulgate and adopt such rules and regulations as are reasonably necessary to carry out the provisions of this section and establish such registration and renewal fees as are adequate to cover the administrative costs associated with the registration program.
(c) The Secretary of State may deny, suspend, revoke or refuse to renew any registration following notice to the applicant or registrant in accordance with the promulgated rules and an opportunity for a hearing for any failure to comply with this section, or for other good cause.
(2) A violation of this section is a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) but not to exceed One Thousand Dollars ($1,000.00) for the first offense. Any person who shall be guilty of any subsequent violations of this section requiring registration shall be guilty of a felony offense and shall be imprisoned in the custody of the Department of Corrections for a term not to exceed three (3) years, fined not more than Five Thousand Dollars ($5,000.00), or both.
(3) (a) To register or
renew registration, the registrant must declare, under penalty of perjury, whether
such registrant has ever been * * *
convicted of any felony offense, or any misdemeanor offense involving fraud,
dishonesty, or deceit within five (5) years preceding the date of application. If
the registrant is a business entity, the registrant shall make the same
declarations on behalf of every owner of the business who participates in the
operation or management of the business.
(b) (i) An applicant
who has been convicted of a violation * * * may be prohibited from registering
under this section for five (5) years from the date of conviction.
(ii) Any false statement submitted to the Secretary of State for the purpose of unlawfully registering under this section shall be punished as perjury in the manner provided in Section 97-9-61, and a person so convicted shall be disqualified for life from registering as a scrap metal dealer under this section.
(4) The Secretary of State shall immediately report any suspected criminal violation accompanied by all relevant records to the Office of Attorney General and the appropriate district attorney for further proceedings.
(5) It is unlawful for a person to make or cause to be made, in a record or statement that is used or obtained in an examination, action, proceeding, or filed under this chapter, a
statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading.
( * * *6) The Secretary of State shall have
the authority to:
(a) Conduct and carry out criminal background history verification of the information provided by the applicant or registrant and to require the submission of information and forms from the applicant or registrant in order to accomplish the registration duties imposed by this section;
(b) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted;
( * * *c) Issue a cease and desist order,
with a prior hearing, against the scrap metal dealer or other purchaser alleged
to be in violation of this section, directing the person or persons to cease
and desist from further illegal activity. In the instance of an immediate
cease and desist order, the Secretary of State shall hold an administrative
hearing on the alleged violations within ten (10) business days;
( * * *d) (i) Issue an order against any
scrap metal dealer or other purchaser for any violation of this section, imposing
an administrative penalty up to a maximum of One Thousand Dollars ($1,000.00)
for each offense. Each violation shall be considered a separate offense in a
single proceeding or a series of related proceedings. Any administrative penalty,
plus reimbursement for all costs and expenses incurred in the investigation of
the violation and any administrative proceedings, shall be paid to the
Secretary of State;
(ii) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under paragraph (c)(i) of this subsection, the Secretary of State shall consider, among other factors, the frequency, persistence and willfulness of the conduct constituting a violation of this section or any rule or order hereunder; the number of persons adversely affected by the conduct; and the resources of the person committing the violation;
( * * *e) Bring an action in chancery court
to enjoin the acts or practices complained of to enforce compliance with this
section or any rule promulgated or order entered hereunder. Upon a proper showing,
a permanent or temporary injunction, restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the
defendant or the defendant's assets. In addition, upon a proper showing by the
Secretary of State, the court may enter an order of rescission or restitution
directed to any person who has engaged in any act constituting a violation of
any provision of this section or any rule or order hereunder, or the court may impose
a civil penalty up to a maximum of One Thousand Dollars ($1,000.00) for each
offense, provided that each violation shall be considered as a separate offense
in a single proceeding or a series of related proceedings. The court may not
require the Secretary of State to post a bond.
( * * *7) Any person aggrieved by a final
order of the Secretary of State may obtain a review of the order in the
Chancery Court of the First Judicial District of Hinds County, Mississippi, by
filing in the court, within thirty (30) days after the entry of the order, a
written petition praying that the order be modified or set aside, in whole or
in part. A copy of the petition shall be forthwith served upon the Secretary
of State and thereupon the Secretary of State shall certify and file in court a
copy of the filing and evidence upon which the order was entered. When these
have been filed, the court has exclusive jurisdiction to affirm, modify,
enforce or set aside the order, in whole or in part.
SECTION 3. Section 97-17-71.2, Mississippi Code of 1972, is amended as follows:
97-17-71.2. (1) It is an
offense for a scrap metal dealer * * * to pay cash to a person who
presents an air conditioner evaporator coil or condenser, in whole or in part,
for sale as scrap * * *.
(2) Scrap metal described in subsection (1) may only be sold for scrap by an authorized agent, representative or employee of one (1) of the following:
(a) A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance as a contractor as defined in Section 31-3-1;
(b) A company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers;
(c) Where the jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, by a company holding a privilege license indicating the business as that of an HVAC installer or repairer; or
(d) A company holding a privilege license indicating the business as that of an HVAC installer or repairer.
(3) The person offering an air conditioner evaporator coil or condenser for sale as scrap on behalf of a company listed in subsection (2) shall have in the person's possession documentation that the company for whom it is being sold is a company described in subsection (2), and that the person selling the evaporator coil or condenser is an authorized agent, representative or employee of that company.
(4) Payment for scrap metal
described in subsection (1) must be made by check or money order, * * * and the name of the company or the
individual meeting the requirements of must be the payee on the check.
* * *
( * * *5) Nothing in this section shall be
construed to preclude a person violating this section from also being
prosecuted for any other applicable criminal offense.
(6) Any purchase of any air conditioner evaporator coil or condenser, as described in this section, in whole or in part, is subject to the record keeping requirements required by this section.
SECTION 4. The following shall be codified as Section 97-17-71.3, Mississippi Code of 1972:
97-17-71.3. (1) Any person purchasing a used or defective, detached catalytic converter, in whole or in part, must be registered as a scrap metal dealer pursuant to this act.
(2) Registered scrap metal dealers may only purchase catalytic converters from:
(a) A new, used, or wholesale motor vehicle dealer or motor vehicle manufacturer as defined in, and licensed with the Motor Vehicle Commission as provided in Section 63-17-1, et seq.;
(b) A National Institute for Automotive Service Excellence ("ASE") certified mechanic or ASE certified automotive repair facility, or in the event the mechanic or repair facility is not ASE certified, satisfactory alternative proof as set forth in the rules promulgated by the Secretary of State;
(c) A registered business entity, able to provide the information set forth in Section 97-17-71, that purchases vehicles as scrap or to be dismantled or destroyed and has complied with the requirements of Section 63-21-39 for each vehicle from which a catalytic convertor has been obtained;
(d) A person who possesses documentation 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. The documentation must include the motor vehicle registration and a receipt showing the replacement of the catalytic converter on the same automobile; or
(e) Another scrap metal dealer registered pursuant to this act that has acquired the catalytic convertor from one (1) of the other approved sellers set forth in paragraphs (a) through (e) in this subsection.
(3) The person offering a catalytic converter for sale on behalf of a company listed in subsection (2) shall have in the person's possession documentation that the company for whom it is being sold is a company described in subsection (2), and that the person selling the catalytic converter is an authorized agent, representative or employee of that company.
(4) Payment for scrap metal described in subsection (1) must be made by check or money order, and the name of the company or individual meeting the requirements of subsection (2)(a) through (e) as set forth in this act.
(5) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any other applicable criminal offense.
(6) Any purchase of any catalytic converter is subject to the record keeping requirements of this section as set forth above. In addition, the purchaser must keep for two (2) years the documentary proof that the seller meets the criteria set forth above for sellers.
(7) For purposes of this section, a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with applicable U.S. Environmental Protection Agency Clean Air Act regulations, as may from time to time, be amended.
SECTION 5. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.