EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0871*
HOUSE BILL 871
C2 4lr2601
By: Delegate Jackson
Introduced and read first time: February 2, 2024
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2024
CHAPTER ______
AN ACT concerning 1
Business Regulation – Detached Catalytic Converters – Record–Keeping 2
Requirements 3
FOR the purpose of requiring the records of junk dealers, scrap metal processors, and 4
automotive dismantlers and recyclers to include certain information about the 5
vehicle from which a detached catalytic converter, or part of a detached catalytic 6
converter, was obtained from a person; and generally relating to catalytic converters 7
and record–keeping requirements. 8
BY repealing and reenacting, without amendments, 9
Article – Business Regulation 10
Section 17–1001(a) and (f) and 17–1009(b)(1) 11
Annotated Code of Maryland 12
(2015 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Business Regulation 15
Section 17–1009(a) and (b)(2) 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Transportation 20
Section 15–511(a) and (b) 21
Annotated Code of Maryland 22 2 HOUSE BILL 871
(2020 Replacement Volume and 2023 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Business Regulation 4
17–1001. 5
(a) In this subtitle the following words have the meanings indicated. 6
(f) (1) “Junk” or “scrap metal” includes: 7
(i) nonferrous articles made wholly or substantially of: 8
1. aluminum; 9
2. babbitt metal; 10
3. brass; 11
4. bronze; 12
5. light copper; 13
6. heavy copper; 14
7. lead; 15
8. low carbon chrome; 16
9. low carbon manganese; 17
10. molybdenum; 18
11. monel metal; 19
12. pewter; 20
13. nickel; 21
14. stainless steel; 22
15. tin; 23
16. vanadium; 24
HOUSE BILL 871 3
17. zinc; 1
18. platinum; 2
19. gold; 3
20. rhodium; or 4
21. other nonferrous metals; and 5
(ii) the following used articles, made of either ferrous or nonferrous 6
metal: 7
1. catalytic converters; 8
2. metal bleachers; 9
3. hard–drawn copper; 10
4. metal beer kegs; 11
5. cemetery urns; 12
6. grave markers; 13
7. propane tanks; 14
8. cell tower batteries; and 15
9. any other used articles owned by a public utility including: 16
A. guardrails; 17
B. manhole covers; 18
C. metal light poles; 19
D. tree grates; 20
E. water meters; and 21
F. street signs. 22
(2) “Junk” or “scrap metal” does not include beverage cans or food cans. 23
17–1009. 24
4 HOUSE BILL 871
(a) (1) This section applies to all junk dealers and scrap metal processors doing 1
business in the State, including nonresident junk dealers and nonresident scrap metal 2
processors. 3
(2) (I) [This] SUBJECT TO SUBPARAGRA PH (II) OF THIS 4
PARAGRAPH , THIS section applies to an automotive dismantler and recycler or scrap metal 5
processor licensed under Title 15, Subtitle 5 of the Transportation Article if the automotive 6
dismantler and recycler or scrap metal processor: 7
[(i)] 1. conducts business as a licensed junk dealer or scrap metal 8
processor; 9
[(ii)] 2. acquires vehicle parts that qualify as junk or scrap metal 10
as defined under § 17–1001(f) of this subtitle; or 11
[(iii)] 3. acquires articles that are listed, or made of metals that are 12
listed, in § 17–1001(f) of this subtitle. 13
(II) SUBSECTION (B)(2) OF THIS SECTION APPL IES TO ANY 14
AUTOMOTIVE DISMANTLE R AND RECYCLER OR SC RAP METAL PROCESSOR LICENSED 15
UNDER TITLE 15, SUBTITLE 5 OF THE TRANSPORTATION ARTICLE IF ALL OR PAR T 16
OF A DETACHED CATALYTIC CONVERTER IS ACQUIRED BY THE A UTOMOTIVE 17
DISMANTLER AND RECYC LER OR SCRAP METAL P ROCESSOR FROM A PERSON . 18
(3) This section does not apply to: 19
(i) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 20
SUBSECTION, an automotive dismantler and recycler or scrap metal processor that only 21
acquires whole vehicles for the purpose of dismantling, destroying, or scrapping them for 22
the benefit of their parts or the materials in them; or 23
(ii) a person that buys scrap metal to use as raw material to produce 24
1,000,000 tons of steel or more in the State per calendar year. 25
(4) (i) Except as provided in subparagraph (ii) of this paragraph, this 26
section preempts the right of a county or municipality to regulate the resale of junk or scrap 27
metal. 28
(ii) This section does not limit the power of a county or municipality 29
to license junk dealers and scrap metal processors. 30
(iii) This section supersedes any existing law of a county or 31
municipality that regulates the resale of junk or scrap metal. 32
(b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or 33
scrap metal processor shall keep an accurate record in English. 34 HOUSE BILL 871 5
(2) The record shall state: 1
(i) the date and time of purchase; 2
(ii) a description of the junk or scrap metal purchased, including: 3
1. the type and grade of the junk or scrap metal; [and] 4
2. if payment is based on weight, the weight of each type and 5
grade of junk or scrap metal; AND 6
3. IF THE JUNK OR SCRAP METAL INCLUDES ALL O R 7
PART OF A DETACHED CATALYTIC CONVERTER , THE VEHICLE IDENTIFI CATION 8
NUMBER OF THE VEHICL E FROM WHICH IT WAS OBTAINED; 9
(iii) the amount paid or other consideration for the junk or scrap 10
metal; 11
(iv) the registration plate number, make, and model of any vehicle 12
used, INCLUDING FOR ANY VEHIC LE FROM WHICH ALL OR PART OF A CATALYTIC 13
CONVERTER WAS OBTAIN ED; 14
(v) the name and address of the individual from whom the junk or 15
scrap metal is acquired; 16
(vi) the signature of: 17
1. the individual from whom the junk or scrap metal is 18
acquired; and 19
2. the junk dealer, scrap metal processor, or employee who 20
accepted the junk or scrap metal; and 21
(vii) for each individual from whom the junk dealer or scrap metal 22
processor acquires junk or scrap metal: 23
1. the date of birth and driver’s license number of the 24
individual; or 25
2. identification information about the individual from a 26
valid State–issued photo ID that provides a physical description of the individual, including 27
the sex, race, any distinguishing features, and approximate age, height, and weight of the 28
individual. 29
Article – Transportation 30 6 HOUSE BILL 871
15–511. 1
(a) Each automotive dismantler and recycler and each scrap processor shall keep 2
an accurate and complete record of all vehicles acquired in [his] THE PERSON’S business. 3
(b) The records shall contain, for each vehicle acquired: 4
(1) The name and address of the person from whom the vehicle was 5
acquired; 6
(2) The date on which it was acquired; 7
(3) Documentary evidence acceptable to the Administration of ownership 8
of the vehicle; [and] 9
(4) ANY INFORMATION REQUI RED UNDER § 17–1009(B) OF THE 10
BUSINESS REGULATION ARTICLE; AND 11
[(4)] (5) Any other information that the Administration requires. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.