Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2298 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 406 FILED ON: 1/14/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2298
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the sale of old metals and vehicle catalytic converters.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 3
16	16	SENATE DOCKET, NO. 406 FILED ON: 1/14/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2298
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2298) of Bruce E. Tarr for legislation
19	19	relative to the sale of old metals and vehicle catalytic converters. Transportation.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to the sale of old metals and vehicle catalytic converters.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Chapter 266 of the General Laws is hereby amended by adding the following section:-
29	29	2 Section 148. (a) For the purposes of this section, the term “catalytic converter” shall
30	30	3mean an exhaust-system component of an automobile, as defined in section 1 of chapter 90,
31	31	4containing a catalyst that causes conversion of harmful gases including, but not limited to,
32	32	5carbon monoxide and uncombusted hydrocarbons into mostly harmless products including, but
33	33	6not limited to, water and carbon dioxide.
34	34	7 (b)(1) Any person or entity licensed pursuant to sections 54, 54A, 56 or 58 of chapter 140
35	35	8or section 1 of chapter 140B shall: (i)(A) not purchase, accept or acquire a catalytic converter
36	36	9from another person or entity unless the seller or offeror presents proof of identification in
37	37	10addition to a bill of sale or other legal document demonstrating ownership of the catalytic
38	38	11converter; and (B) preserve photocopies or digital images of the documentation; (ii) keep records
39	39	12of all catalytic converter transactions; and (iii) make available to the local chief of police or the 2 of 3
40	40	13chief’s designee any records created pursuant to this subsection upon request by the chief or the
41	41	14chief’s designee.
42	42	15 (2) The following shall be included in the records prepared pursuant to paragraph (1): (i)
43	43	16the date of transaction; (ii) the name, address, telephone number and signature of the seller or
44	44	17offeror of the catalytic converter; (iii) a photocopy or digital image of the seller’s or offeror’s
45	45	18photo identification; (iv) the license plate number of the vehicle used to transport the catalytic
46	46	19converter to the licensee; (v) a description of the catalytic converter; (vi) a photograph of the
47	47	20catalytic converter; (vii) photocopies or digital images of the bill of sale or other legal document
48	48	21demonstrating ownership by the seller or offeror; and (viii) the price paid by the licensee for each
49	49	22catalytic converter and the total transaction amount.
50	50	23 Records created pursuant to this subsection shall be maintained for 3 years from the date
51	51	24of the transaction.
52	52	25 (3) All licensees involved in the sale and purchase of a catalytic converter shall use a
53	53	26company check as a method of payment for transactions: (i) exceeding $250 per customer per
54	54	27day; or (ii) that include not less than 3 catalytic converters.
55	55	28 (4) This subsection shall not apply to licensees' acquisitions or purchases of whole motor
56	56	29vehicles.
57	57	30 (5) A person or entity licensed pursuant to sections 54, 54A, 56 or 58 of chapter 140 or
58	58	31section 1 of chapter 140B shall not enter into a transaction to purchase or receive a catalytic
59	59	32converter from any person who is not a commercial enterprise or owner of the vehicle from
60	60	33which the catalytic converter was removed. 3 of 3
61	61	34 (c) The police department having jurisdiction in the city or town where the licensee is
62	62	35located shall enforce the provisions of subsection (b) and may issue a civil fine to the license
63	63	36holder of $100 for each catalytic converter sold in violation of this section and: (i) $300 for the
64	64	37first offense; (ii) $550 for the second offense; and (iii) $700 for each subsequent violation. The
65	65	38municipal licensing board may suspend or revoke the licensee’s license for any violations of this
66	66	39section. If, after committing a violation under subsection (b), a licensee maintains the licensee’s
67	67	40license for 36 consecutive months without a violation, any new violation committed by the
68	68	41licensee thereafter shall be treated as a first offense.