Arizona 2023 Regular Session

Arizona Senate Bill SB1155 Compare Versions

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1-Senate Engrossed catalytic converters; crime; classification State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SENATE BILL 1155 An Act amending section 13-3728, Arizona Revised Statutes; relating to catalytic converters. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: catalytic converters; crime; classification State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1155 Introduced by Senator Kern An Act amending section 13-3728, Arizona Revised Statutes; relating to catalytic converters. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9-Senate Engrossed catalytic converters; crime; classification
9+REFERENCE TITLE: catalytic converters; crime; classification
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5368 amending section 13-3728, Arizona Revised Statutes; relating to catalytic converters.
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6378 Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-3728, Arizona Revised Statutes, is amended to read: START_STATUTE13-3728. Unlawful purchase, solicitation, advertisement, possession or sale of used catalytic converter; classification; definition A. It is unlawful for a person to purchase, solicit, advertise, possess or sell a used catalytic converter or any nonferrous parts of a catalytic converter. B. Subsection A of this section does not apply to: 1. The possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to title 28, chapter 10 if the possession or sale is in the automotive recycler's ordinary course of business. 2. The purchase or sale of a used catalytic converter or any nonferrous parts of a catalytic converter as prescribed by section 44-1642.01 that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts. 3. The possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs a new catalytic converter converters if the possession or sale is in the business's ordinary course of business. A commercial motor vehicle parts or repair business may purchase a used catalytic converter being sold as a vehicle repair part in compliance with United States environmental protection agency policy. The used catalytic converter in compliance with United States environmental protection agency policy shall be marked with the date the catalytic converter was removed from the vehicle, the vehicle identification number of the vehicle from which the catalytic converter was removed or an alternative number to the vehicle identification number. If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement. C. A person that purchases a used catalytic converter or any nonferrous parts of a catalytic converter shall electronically submit to the department of public safety a record of each transaction relating to a used catalytic converter or any nonferrous parts of a catalytic converter in accordance with section 44-1644. D. A violation of this section is a class 1 misdemeanor 6 felony. E. For the purposes of this section, "catalytic converter" has the same meaning prescribed in section 44-1642.01, subsection A, paragraph 8. END_STATUTE
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6580 Be it enacted by the Legislature of the State of Arizona:
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6782 Section 1. Section 13-3728, Arizona Revised Statutes, is amended to read:
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6984 START_STATUTE13-3728. Unlawful purchase, solicitation, advertisement, possession or sale of used catalytic converter; classification; definition
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7186 A. It is unlawful for a person to purchase, solicit, advertise, possess or sell a used catalytic converter or any nonferrous parts of a catalytic converter.
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7388 B. Subsection A of this section does not apply to:
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7590 1. The possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to title 28, chapter 10 if the possession or sale is in the automotive recycler's ordinary course of business.
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7792 2. The purchase or sale of a used catalytic converter or any nonferrous parts of a catalytic converter as prescribed by section 44-1642.01 that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts.
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7994 3. The possession or sale of a used catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs a new catalytic converter converters if the possession or sale is in the business's ordinary course of business. A commercial motor vehicle parts or repair business may purchase a used catalytic converter being sold as a vehicle repair part in compliance with United States environmental protection agency policy. The used catalytic converter in compliance with United States environmental protection agency policy shall be marked with the date the catalytic converter was removed from the vehicle, the vehicle identification number of the vehicle from which the catalytic converter was removed or an alternative number to the vehicle identification number. If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement.
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8196 C. A person that purchases a used catalytic converter or any nonferrous parts of a catalytic converter shall electronically submit to the department of public safety a record of each transaction relating to a used catalytic converter or any nonferrous parts of a catalytic converter in accordance with section 44-1644.
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8398 D. A violation of this section is a class 1 misdemeanor 6 felony.
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85100 E. For the purposes of this section, "catalytic converter" has the same meaning prescribed in section 44-1642.01, subsection A, paragraph 8. END_STATUTE