Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1185 Comm Sub / Analysis

Filed 03/04/2024

                      	SB 1185 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: JUD DP 5-1-1-0 | 3
rd
 Read DP 18-10-2-0 
 
SB 1185: catalytic converter; unlawful use; classification 
Sponsor: Senator Kavanagh, LD 3 
Committee on Judiciary 
Overview 
Classifies the unlawful purchase, solicitation, advertisement, possession or sale of 10 or more 
catalytic converters as a class 6 felony.  
History 
Current law classifies the unlawful purchase, solicitation, advertisement, possession or sale 
of a used catalytic converter or any nonferrous parts of a catalytic converter as a class 1 
misdemeanor. Statutory exceptions include:  
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 statute 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; and 
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 if the possession or sale is in the business's 
ordinary course of business.  
For purposes of the third exception mentioned above, statute requires commercial motor 
vehicle parts or repair businesses to purchase used catalytic converters in compliance with 
the United States Environmental Protection Agency (EPA). Used catalytic converters in 
compliance with EPA policies must be marked with the following information:  
1) the date the catalytic converter was removed from the vehicle; and  
2) the vehicle identification number (VIN) from which the catalytic converter was 
removed or an alternative number which can immediately be linked to the VIN by law 
enforcement.  
Any individual who purchases a used catalytic converter or any nonferrous parts of a catalytic 
converter must electronically submit to the Department of Public Safety a record of each 
transaction relating to the used catalytic converter or any nonferrous parts in accordance 
with A.R.S. § 44-1644 (A.R.S. § 13-3728).     	SB 1185 
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Catalytic converters are defined as the parts of a motor vehicle exhaust system that are used 
for controlling the exhaust emissions from motor vehicles and that contain a catalyst metal 
(A.R.S. § 44-1642.01). 
Provisions 
1. Adds that a violation of A.R.S. § 13-3728 involving 10 or more catalytic converters is a 
class 6 felony. (Sec. 1) 
2. Makes a technical change. (Sec. 1)