Maryland 2022 Regular Session

Maryland Senate Bill SB546 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0546
6	6
7	7	SENATE BILL 546
8	8	R6 2lr1881
9	9
10	10	By: Senator Lam
11	11	Introduced and read first time: January 31, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Vehicle Equipment – Transfer of Catalytic Converter – Regulation 2
19	19
20	20	FOR the purpose of imposing certain requirements on a person who takes possession of a 3
21	21	catalytic converter, including requirements to record certain information and 4
22	22	execute a certain document; prohibiting a person from taking possession of a 5
23	23	catalytic converter if its identifying information has been manually altered; 6
24	24	prohibiting a person, in certain circumstances, from possessing catalytic converters 7
25	25	or their parts if they have been previously installed on a motor vehicle; and generally 8
26	26	relating to the regulation of transfers of catalytic converters. 9
27	27
28	28	BY adding to 10
29	29	Article – Transportation 11
30	30	Section 22–421 12
31	31	Annotated Code of Maryland 13
32	32	(2020 Replacement Volume and 2021 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Transportation 17
38	38
39	39	22–421. 18
40	40
41	41	(A) A PERSON WHO TAKES POSSESSION OF A CATALYTIC CONVERTE R 19
42	42	SHALL: 20
43	43
44	44	(1) RECORD THE FOLLOWING INFORMATION FOR EACH 21
45	45	TRANSACTION : 22
46	46	2 SENATE BILL 546
47	47
48	48
49	49	(I) THE FULL NAME , HOME AND BUSINESS AD DRESSES, AND 1
50	50	HOME, BUSINESS, AND MOBILE TELEPHONE NUMBERS OF THE TRANSFEROR; 2
51	51
52	52	(II) A COPY OF A STATE–ISSUED PHOTO IDENTIF ICATION FOR 3
53	53	THE TRANSFEROR ; 4
54	54
55	55	(III) A DESCRIPTION AND REGISTRATION PLATE N UMBER OF 5
56	56	ANY MOTOR VEHICLE US ED TO TRANSPORT THE CATALYTIC CONVERTER TO THE 6
57	57	PLACE OF PURCHASE ; 7
58	58
59	59	(IV) THE DATE AND TIME OF THE TRANSACTION ; 8
60	60
61	61	(V) PROOF OF OWNERSHIP FOR AND, IF APPROPRIATE , 9
62	62	AUTHORITY TO POSSESS THE CATALYTIC CONVER TER; 10
63	63
64	64	(VI) A COMPLETE DESCRIPTION OF THE CATALYTIC CON VERTER 11
65	65	TRANSFERRED, INCLUDING ANY IDENTI FYING INFORMATION ; AND 12
66	66
67	67	(VII) A STATEMENT OF THE NAT URE OF THE TRANSACTI ON, 13
68	68	INCLUDING WHETHER THE CATALYTI C CONVERTER WAS PURC HASED, TAKEN AS 14
69	69	COLLATERAL FOR A LOA N, OR TAKEN ON CONSIGNM ENT; AND 15
70	70
71	71	(2) EXECUTE A DOCUMENT : 16
72	72
73	73	(I) STATING THE NAME OF T HE TRANSFEROR ; 17
74	74
75	75	(II) AFFIRMING THAT THE TR ANSFEROR: 18
76	76
77	77	1. IS THE LAWFUL OWNER O F THE CATALYTIC 19
78	78	CONVERTER ; OR 20
79	79
80	80	2. IS AUTHORIZED BY THE LAWFUL OWNER OF THE 21
81	81	CATALYTIC CONVERTER TO TRANSFER THE CATA LYTIC CONVERTER ; AND 22
82	82
83	83	(III) 1. THAT IS SIGNED BY THE TRANSFEROR ; AND 23
84	84
85	85	2. INCLUDES: 24
86	86
87	87	A. NEXT TO THE SIGNATURE A FINGERPRINT OF THE 25
88	88	TRANSFEROR’S INDEX FINGER OR TH UMB IN INK AND FREE OF S MEARING; OR 26
89	89
90	90	B. AN ELECTRONIC FINGERP RINT OBTAINED FROM T HE 27
91	91	TRANSFEROR . 28 SENATE BILL 546 3
92	92
93	93
94	94
95	95	(B) (1) INFORMATION RECORDED AND DOCUMENTS EXECUT ED UNDER 1
96	96	SUBSECTION (A) OF THIS SECTION SHALL BE: 2
97	97
98	98	(I) IN A FORM AS REQUIRED BY THE DEPARTMENT OF STATE 3
99	99	POLICE; 4
100	100
101	101	(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 5
102	102	RETAINED BY THE TRANS FEREE AT THE TRANSFEREE ’S PLACE OF BUSINESS FOR AT 6
103	103	LEAST 3 YEARS AFTER THE DATE OF TRANSFER; AND 7
104	104
105	105	(III) AVAILABLE FOR INSPECTION BY A LAW ENFORCEMENT 8
106	106	OFFICER ON WRITTEN R EQUEST AND DURING TH E TRANSFEREE ’S REGULAR 9
107	107	BUSINESS HOURS . 10
108	108
109	109	(2) (I) A TRANSFEREE MAY FILE INFORMATION RECORDED AND 11
110	110	DOCUMENTS EXECUTED U NDER SUBSECTION (A) OF THIS SECTION WITH THE 12
111	111	DEPARTMENT OF STATE POLICE OR A LOCAL LAW ENFORCEMEN T AGENCY INSTEAD 13
112	112	OF MAINTAINING THE RECO RDS AND DOCUMENTS AT THE TRANSFEREE ’S PLACE OF 14
113	113	BUSINESS. 15
114	114
115	115	(II) A TRANSFEREE WHO FILES RECORDS AND DOCUMENT S 16
116	116	WITH A LAW ENFORCEME NT AGENCY UNDER THIS PARAGRAPH SHALL FILE THE 17
117	117	RECORDS AND DOCUMEN TS WITHIN 3 DAYS AFTER THE COMPLETION OF TH E 18
118	118	TRANSFER. 19
119	119
120	120	(III) A LAW ENFORCEMENT AGEN CY WITH WHICH RECORD S AND 20
121	121	DOCUMENTS ARE FILED UNDER THIS PARAGRAPH SHALL RETAIN THE REC ORDS AND 21
122	122	DOCUMENTS FOR AT LEA ST 3 YEARS AFTER FILING. 22
123	123
124	124	(C) A TRANSFEREE MAY MAKE PAYMENT FOR THE TRANSFER OF A 23
125	125	CATALYTIC CONVERTER ONLY BY CHECK PAYABLE TO THE TRANSFEROR . 24
126	126
127	127	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 25
128	128	TRANSFEREE OF A CATA LYTIC CONVERTER MAY NOT SELL THE CATALYT IC 26
129	129	CONVERTER OR REMOVE THE CATAL YTIC CONVERTER FROM THE TRANSFEREE’S 27
130	130	PLACE OF BUSINESS FOR AT LEAST 2 WEEKS AFTER COMPLETI ON OF THE TRANSFER . 28
131	131
132	132	(2) IF THE TRANSFEREE FIL ES THE APPROPRIATE R ECORDS AND 29
133	133	DOCUMENTS WITH A LAW ENFORCEME NT AGENCY UNDER SUBS ECTION (B)(2) OF 30
134	134	THIS SECTION , THE TRANSFEREE MAY SELL TH E CATALYTIC CONVERTE R OR 31
135	135	REMOVE THE CATALYTIC CONVERTER FROM THE T RANSFEREE’S PLACE OF 32
136	136	BUSINESS AFTER 5 DAYS FOLLOWING COMPL ETION OF THE TRANSFE R. 33 4 SENATE BILL 546
137	137
138	138
139	139
140	140	(E) A PERSON MAY NOT TAKE POSSESSION OF A CATA LYTIC CONVERTER IF 1
141	141	ITS IDENTIFYING INFORMATION HAS BEEN MANUALLY ALTERED . 2
142	142
143	143	(F) (1) A PERSON MAY NOT POSSE SS A CATALYTIC CONVE RTER OR PARTS 3
144	144	OF A CATALYTIC CONVE RTER THAT HAS PREVIOUSLY BEEN INSTALLED ON A MOTOR 4
145	145	VEHICLE UNLESS THE PERSON HA S WRITTEN DOCUMENTAT ION OF OWNERSHIP OF 5
146	146	THE CATALYT IC CONVERTER OR WRIT TEN AUTHORIZATION TO POSSESS THE 6
147	147	CATALYTIC CONVERTER . 7
148	148
149	149	(2) A PERSON CONVICTED OF A VIOLATION OF THIS SUBSECTION I S 8
150	150	SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING 9
151	151	$1,000 OR BOTH. 10
152	152
153	153	(3) IT SHALL BE A VALID D EFENSE AGAINST A CHARGE OF VIOLATIN G 11
154	154	PARAGRAPH (1) OF THIS SUBSECTION FOR THE PERSON CHARG ED TO PROVIDE 12
155	155	PROOF THAT THE PERSON HAD WRITT EN DOCUMENTATION OF OWNERSHIP OF THE 13
156	156	CATALYTIC CONVERTER OR WRITTEN AUTHORIZA TION TO POSSESS THE CATALYTIC 14
157	157	CONVERTER ON THE DATE OF THE VIOLATIO N. 15
158	158
159	159	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
160	160	October 1, 2022. 17