EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0546*
SENATE BILL 546
R6 2lr1881
By: Senator Lam
Introduced and read first time: January 31, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Vehicle Equipment – Transfer of Catalytic Converter – Regulation 2
FOR the purpose of imposing certain requirements on a person who takes possession of a 3
catalytic converter, including requirements to record certain information and 4
execute a certain document; prohibiting a person from taking possession of a 5
catalytic converter if its identifying information has been manually altered; 6
prohibiting a person, in certain circumstances, from possessing catalytic converters 7
or their parts if they have been previously installed on a motor vehicle; and generally 8
relating to the regulation of transfers of catalytic converters. 9
BY adding to 10
Article – Transportation 11
Section 22–421 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Transportation 17
22–421. 18
(A) A PERSON WHO TAKES POSSESSION OF A CATALYTIC CONVERTE R 19
SHALL: 20
(1) RECORD THE FOLLOWING INFORMATION FOR EACH 21
TRANSACTION : 22
2 SENATE BILL 546
(I) THE FULL NAME , HOME AND BUSINESS AD DRESSES, AND 1
HOME, BUSINESS, AND MOBILE TELEPHONE NUMBERS OF THE TRANSFEROR; 2
(II) A COPY OF A STATE–ISSUED PHOTO IDENTIF ICATION FOR 3
THE TRANSFEROR ; 4
(III) A DESCRIPTION AND REGISTRATION PLATE N UMBER OF 5
ANY MOTOR VEHICLE US ED TO TRANSPORT THE CATALYTIC CONVERTER TO THE 6
PLACE OF PURCHASE ; 7
(IV) THE DATE AND TIME OF THE TRANSACTION ; 8
(V) PROOF OF OWNERSHIP FOR AND, IF APPROPRIATE , 9
AUTHORITY TO POSSESS THE CATALYTIC CONVER TER; 10
(VI) A COMPLETE DESCRIPTION OF THE CATALYTIC CON VERTER 11
TRANSFERRED, INCLUDING ANY IDENTI FYING INFORMATION ; AND 12
(VII) A STATEMENT OF THE NAT URE OF THE TRANSACTI ON, 13
INCLUDING WHETHER THE CATALYTI C CONVERTER WAS PURC HASED, TAKEN AS 14
COLLATERAL FOR A LOA N, OR TAKEN ON CONSIGNM ENT; AND 15
(2) EXECUTE A DOCUMENT : 16
(I) STATING THE NAME OF T HE TRANSFEROR ; 17
(II) AFFIRMING THAT THE TR ANSFEROR: 18
1. IS THE LAWFUL OWNER O F THE CATALYTIC 19
CONVERTER ; OR 20
2. IS AUTHORIZED BY THE LAWFUL OWNER OF THE 21
CATALYTIC CONVERTER TO TRANSFER THE CATA LYTIC CONVERTER ; AND 22
(III) 1. THAT IS SIGNED BY THE TRANSFEROR ; AND 23
2. INCLUDES: 24
A. NEXT TO THE SIGNATURE A FINGERPRINT OF THE 25
TRANSFEROR’S INDEX FINGER OR TH UMB IN INK AND FREE OF S MEARING; OR 26
B. AN ELECTRONIC FINGERP RINT OBTAINED FROM T HE 27
TRANSFEROR . 28 SENATE BILL 546 3
(B) (1) INFORMATION RECORDED AND DOCUMENTS EXECUT ED UNDER 1
SUBSECTION (A) OF THIS SECTION SHALL BE: 2
(I) IN A FORM AS REQUIRED BY THE DEPARTMENT OF STATE 3
POLICE; 4
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 5
RETAINED BY THE TRANS FEREE AT THE TRANSFEREE ’S PLACE OF BUSINESS FOR AT 6
LEAST 3 YEARS AFTER THE DATE OF TRANSFER; AND 7
(III) AVAILABLE FOR INSPECTION BY A LAW ENFORCEMENT 8
OFFICER ON WRITTEN R EQUEST AND DURING TH E TRANSFEREE ’S REGULAR 9
BUSINESS HOURS . 10
(2) (I) A TRANSFEREE MAY FILE INFORMATION RECORDED AND 11
DOCUMENTS EXECUTED U NDER SUBSECTION (A) OF THIS SECTION WITH THE 12
DEPARTMENT OF STATE POLICE OR A LOCAL LAW ENFORCEMEN T AGENCY INSTEAD 13
OF MAINTAINING THE RECO RDS AND DOCUMENTS AT THE TRANSFEREE ’S PLACE OF 14
BUSINESS. 15
(II) A TRANSFEREE WHO FILES RECORDS AND DOCUMENT S 16
WITH A LAW ENFORCEME NT AGENCY UNDER THIS PARAGRAPH SHALL FILE THE 17
RECORDS AND DOCUMEN TS WITHIN 3 DAYS AFTER THE COMPLETION OF TH E 18
TRANSFER. 19
(III) A LAW ENFORCEMENT AGEN CY WITH WHICH RECORD S AND 20
DOCUMENTS ARE FILED UNDER THIS PARAGRAPH SHALL RETAIN THE REC ORDS AND 21
DOCUMENTS FOR AT LEA ST 3 YEARS AFTER FILING. 22
(C) A TRANSFEREE MAY MAKE PAYMENT FOR THE TRANSFER OF A 23
CATALYTIC CONVERTER ONLY BY CHECK PAYABLE TO THE TRANSFEROR . 24
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 25
TRANSFEREE OF A CATA LYTIC CONVERTER MAY NOT SELL THE CATALYT IC 26
CONVERTER OR REMOVE THE CATAL YTIC CONVERTER FROM THE TRANSFEREE’S 27
PLACE OF BUSINESS FOR AT LEAST 2 WEEKS AFTER COMPLETI ON OF THE TRANSFER . 28
(2) IF THE TRANSFEREE FIL ES THE APPROPRIATE R ECORDS AND 29
DOCUMENTS WITH A LAW ENFORCEME NT AGENCY UNDER SUBS ECTION (B)(2) OF 30
THIS SECTION , THE TRANSFEREE MAY SELL TH E CATALYTIC CONVERTE R OR 31
REMOVE THE CATALYTIC CONVERTER FROM THE T RANSFEREE’S PLACE OF 32
BUSINESS AFTER 5 DAYS FOLLOWING COMPL ETION OF THE TRANSFE R. 33 4 SENATE BILL 546
(E) A PERSON MAY NOT TAKE POSSESSION OF A CATA LYTIC CONVERTER IF 1
ITS IDENTIFYING INFORMATION HAS BEEN MANUALLY ALTERED . 2
(F) (1) A PERSON MAY NOT POSSE SS A CATALYTIC CONVE RTER OR PARTS 3
OF A CATALYTIC CONVE RTER THAT HAS PREVIOUSLY BEEN INSTALLED ON A MOTOR 4
VEHICLE UNLESS THE PERSON HA S WRITTEN DOCUMENTAT ION OF OWNERSHIP OF 5
THE CATALYT IC CONVERTER OR WRIT TEN AUTHORIZATION TO POSSESS THE 6
CATALYTIC CONVERTER . 7
(2) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION I S 8
SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING 9
$1,000 OR BOTH. 10
(3) IT SHALL BE A VALID D EFENSE AGAINST A CHARGE OF VIOLATIN G 11
PARAGRAPH (1) OF THIS SUBSECTION FOR THE PERSON CHARG ED TO PROVIDE 12
PROOF THAT THE PERSON HAD WRITT EN DOCUMENTATION OF OWNERSHIP OF THE 13
CATALYTIC CONVERTER OR WRITTEN AUTHORIZA TION TO POSSESS THE CATALYTIC 14
CONVERTER ON THE DATE OF THE VIOLATIO N. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17