MD
Maryland House Bill HB871

Maryland 2024 Regular Session

Maryland House Bill HB871 Compare Versions

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1- WES MOORE, Governor Ch. 484
21
3-– 1 –
4-Chapter 484
5-(House Bill 871)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0871*
89
9-Business Regulation – Detached Catalytic Converters – Record–Keeping
10-Requirements
10+HOUSE BILL 871
11+C2 4lr2601
1112
12-FOR the purpose of requiring the records of junk dealers, scrap metal processors, and
13-automotive dismantlers and recyclers to include certain information about the
14-vehicle from which a detached catalytic converter, or part of a detached catalytic
15-converter, was obtained from a person; and generally relating to catalytic converters
16-and record–keeping requirements.
13+By: Delegate Jackson
14+Introduced and read first time: February 2, 2024
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 9, 2024
1719
18-BY repealing and reenacting, without amendments,
19- Article – Business Regulation
20-Section 17–1001(a) and (f) and 17–1009(b)(1)
21- Annotated Code of Maryland
22- (2015 Replacement Volume and 2023 Supplement)
20+CHAPTER ______
2321
24-BY repealing and reenacting, with amendments,
25- Article – Business Regulation
26-Section 17–1009(a) and (b)(2)
27- Annotated Code of Maryland
28- (2015 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2923
30-BY repealing and reenacting, with amendments,
31- Article – Transportation
32-Section 15–511(a) and (b)
33- Annotated Code of Maryland
34- (2020 Replacement Volume and 2023 Supplement)
24+Business Regulation – Detached Catalytic Converters – Record–Keeping 2
25+Requirements 3
3526
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
27+FOR the purpose of requiring the records of junk dealers, scrap metal processors, and 4
28+automotive dismantlers and recyclers to include certain information about the 5
29+vehicle from which a detached catalytic converter, or part of a detached catalytic 6
30+converter, was obtained from a person; and generally relating to catalytic converters 7
31+and record–keeping requirements. 8
3832
39-Article – Business Regulation
33+BY repealing and reenacting, without amendments, 9
34+ Article – Business Regulation 10
35+Section 17–1001(a) and (f) and 17–1009(b)(1) 11
36+ Annotated Code of Maryland 12
37+ (2015 Replacement Volume and 2023 Supplement) 13
4038
41-17–1001.
39+BY repealing and reenacting, with amendments, 14
40+ Article – Business Regulation 15
41+Section 17–1009(a) and (b)(2) 16
42+ Annotated Code of Maryland 17
43+ (2015 Replacement Volume and 2023 Supplement) 18
4244
43- (a) In this subtitle the following words have the meanings indicated.
45+BY repealing and reenacting, with amendments, 19
46+ Article – Transportation 20
47+Section 15–511(a) and (b) 21
48+ Annotated Code of Maryland 22 2 HOUSE BILL 871
4449
45- (f) (1) “Junk” or “scrap metal” includes:
4650
47- (i) nonferrous articles made wholly or substantially of:
51+ (2020 Replacement Volume and 2023 Supplement) 1
4852
49- 1. aluminum; Ch. 484 2024 LAWS OF MARYLAND
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54+That the Laws of Maryland read as follows: 3
5055
51-– 2 –
56+Article – Business Regulation 4
5257
53- 2. babbitt metal;
58+17–1001. 5
5459
55- 3. brass;
60+ (a) In this subtitle the following words have the meanings indicated. 6
5661
57- 4. bronze;
62+ (f) (1) “Junk” or “scrap metal” includes: 7
5863
59- 5. light copper;
64+ (i) nonferrous articles made wholly or substantially of: 8
6065
61- 6. heavy copper;
66+ 1. aluminum; 9
6267
63- 7. lead;
68+ 2. babbitt metal; 10
6469
65- 8. low carbon chrome;
70+ 3. brass; 11
6671
67- 9. low carbon manganese;
72+ 4. bronze; 12
6873
69- 10. molybdenum;
74+ 5. light copper; 13
7075
71- 11. monel metal;
76+ 6. heavy copper; 14
7277
73- 12. pewter;
78+ 7. lead; 15
7479
75- 13. nickel;
80+ 8. low carbon chrome; 16
7681
77- 14. stainless steel;
82+ 9. low carbon manganese; 17
7883
79- 15. tin;
84+ 10. molybdenum; 18
8085
81- 16. vanadium;
86+ 11. monel metal; 19
8287
83- 17. zinc;
88+ 12. pewter; 20
8489
85- 18. platinum;
90+ 13. nickel; 21
8691
87- 19. gold;
92+ 14. stainless steel; 22
8893
89- 20. rhodium; or
94+ 15. tin; 23
9095
91- 21. other nonferrous metals; and
96+ 16. vanadium; 24
97+ HOUSE BILL 871 3
9298
93- (ii) the following used articles, made of either ferrous or nonferrous
94-metal:
9599
96- 1. catalytic converters;
97- WES MOORE, Governor Ch. 484
100+ 17. zinc; 1
98101
99-– 3 –
100- 2. metal bleachers;
102+ 18. platinum; 2
101103
102- 3. hard–drawn copper;
104+ 19. gold; 3
103105
104- 4. metal beer kegs;
106+ 20. rhodium; or 4
105107
106- 5. cemetery urns;
108+ 21. other nonferrous metals; and 5
107109
108- 6. grave markers;
110+ (ii) the following used articles, made of either ferrous or nonferrous 6
111+metal: 7
109112
110- 7. propane tanks;
113+ 1. catalytic converters; 8
111114
112- 8. cell tower batteries; and
115+ 2. metal bleachers; 9
113116
114- 9. any other used articles owned by a public utility including:
117+ 3. hard–drawn copper; 10
115118
116- A. guardrails;
119+ 4. metal beer kegs; 11
117120
118- B. manhole covers;
121+ 5. cemetery urns; 12
119122
120- C. metal light poles;
123+ 6. grave markers; 13
121124
122- D. tree grates;
125+ 7. propane tanks; 14
123126
124- E. water meters; and
127+ 8. cell tower batteries; and 15
125128
126- F. street signs.
129+ 9. any other used articles owned by a public utility including: 16
127130
128- (2) “Junk” or “scrap metal” does not include beverage cans or food cans.
131+ A. guardrails; 17
129132
130-17–1009.
133+ B. manhole covers; 18
131134
132- (a) (1) This section applies to all junk dealers and scrap metal processors doing
133-business in the State, including nonresident junk dealers and nonresident scrap metal
134-processors.
135+ C. metal light poles; 19
135136
136- (2) (I) [This] SUBJECT TO SUBPARAGRA PH (II) OF THIS
137-PARAGRAPH , THIS section applies to an automotive dismantler and recycler or scrap metal
138-processor licensed under Title 15, Subtitle 5 of the Transportation Article if the automotive
139-dismantler and recycler or scrap metal processor:
137+ D. tree grates; 20
140138
141- [(i)] 1. conducts business as a licensed junk dealer or scrap metal
142-processor;
139+ E. water meters; and 21
143140
144- [(ii)] 2. acquires vehicle parts that qualify as junk or scrap metal
145-as defined under § 17–1001(f) of this subtitle; or Ch. 484 2024 LAWS OF MARYLAND
141+ F. street signs. 22
146142
147-– 4 –
143+ (2) “Junk” or “scrap metal” does not include beverage cans or food cans. 23
148144
149- [(iii)] 3. acquires articles that are listed, or made of metals that are
150-listed, in § 17–1001(f) of this subtitle.
145+17–1009. 24
146+ 4 HOUSE BILL 871
151147
152- (II) SUBSECTION (B)(2) OF THIS SECTION APPL IES TO ANY
153-AUTOMOTIVE DISMANTLE R AND RECYCLER OR SC RAP METAL PROCESSOR LICENSED
154-UNDER TITLE 15, SUBTITLE 5 OF THE TRANSPORTATION ARTICLE IF ALL OR PAR T
155-OF A DETACHED CATALYTIC CONVERTER IS ACQUIRED BY THE A UTOMOTIVE
156-DISMANTLER AND RECYC LER OR SCRAP METAL P ROCESSOR FROM A PERSON .
157148
158- (3) This section does not apply to:
149+ (a) (1) This section applies to all junk dealers and scrap metal processors doing 1
150+business in the State, including nonresident junk dealers and nonresident scrap metal 2
151+processors. 3
159152
160- (i) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS
161-SUBSECTION, an automotive dismantler and recycler or scrap metal processor that only
162-acquires whole vehicles for the purpose of dismantling, destroying, or scrapping them for
163-the benefit of their parts or the materials in them; or
153+ (2) (I) [This] SUBJECT TO SUBPARAGRA PH (II) OF THIS 4
154+PARAGRAPH , THIS section applies to an automotive dismantler and recycler or scrap metal 5
155+processor licensed under Title 15, Subtitle 5 of the Transportation Article if the automotive 6
156+dismantler and recycler or scrap metal processor: 7
164157
165- (ii) a person that buys scrap metal to use as raw material to produce
166-1,000,000 tons of steel or more in the State per calendar year.
158+ [(i)] 1. conducts business as a licensed junk dealer or scrap metal 8
159+processor; 9
167160
168- (4) (i) Except as provided in subparagraph (ii) of this paragraph, this
169-section preempts the right of a county or municipality to regulate the resale of junk or scrap
170-metal.
161+ [(ii)] 2. acquires vehicle parts that qualify as junk or scrap metal 10
162+as defined under § 17–1001(f) of this subtitle; or 11
171163
172- (ii) This section does not limit the power of a county or municipality
173-to license junk dealers and scrap metal processors.
164+ [(iii)] 3. acquires articles that are listed, or made of metals that are 12
165+listed, in § 17–1001(f) of this subtitle. 13
174166
175- (iii) This section supersedes any existing law of a county or
176-municipality that regulates the resale of junk or scrap metal.
167+ (II) SUBSECTION (B)(2) OF THIS SECTION APPL IES TO ANY 14
168+AUTOMOTIVE DISMANTLE R AND RECYCLER OR SC RAP METAL PROCESSOR LICENSED 15
169+UNDER TITLE 15, SUBTITLE 5 OF THE TRANSPORTATION ARTICLE IF ALL OR PAR T 16
170+OF A DETACHED CATALYTIC CONVERTER IS ACQUIRED BY THE A UTOMOTIVE 17
171+DISMANTLER AND RECYC LER OR SCRAP METAL P ROCESSOR FROM A PERSON . 18
177172
178- (b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or
179-scrap metal processor shall keep an accurate record in English.
173+ (3) This section does not apply to: 19
180174
181- (2) The record shall state:
175+ (i) EXCEPT AS PROVIDED I N PARAGRAPH (2)(II) OF THIS 20
176+SUBSECTION, an automotive dismantler and recycler or scrap metal processor that only 21
177+acquires whole vehicles for the purpose of dismantling, destroying, or scrapping them for 22
178+the benefit of their parts or the materials in them; or 23
182179
183- (i) the date and time of purchase;
180+ (ii) a person that buys scrap metal to use as raw material to produce 24
181+1,000,000 tons of steel or more in the State per calendar year. 25
184182
185- (ii) a description of the junk or scrap metal purchased, including:
183+ (4) (i) Except as provided in subparagraph (ii) of this paragraph, this 26
184+section preempts the right of a county or municipality to regulate the resale of junk or scrap 27
185+metal. 28
186186
187- 1. the type and grade of the junk or scrap metal; [and]
187+ (ii) This section does not limit the power of a county or municipality 29
188+to license junk dealers and scrap metal processors. 30
188189
189- 2. if payment is based on weight, the weight of each type and
190-grade of junk or scrap metal; AND
191- WES MOORE, Governor Ch. 484
190+ (iii) This section supersedes any existing law of a county or 31
191+municipality that regulates the resale of junk or scrap metal. 32
192192
193-– 5 –
194- 3. IF THE JUNK OR SCRAP METAL INCLUDES ALL O R
195-PART OF A DETACHED CATALYTIC CONVERTER , THE VEHICLE IDENTIFI CATION
196-NUMBER OF THE VEHICL E FROM WHICH IT WAS OBTAINED;
193+ (b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or 33
194+scrap metal processor shall keep an accurate record in English. 34 HOUSE BILL 871 5
197195
198- (iii) the amount paid or other consideration for the junk or scrap
199-metal;
200196
201- (iv) the registration plate number, make, and model of any vehicle
202-used, INCLUDING FOR ANY VEHICLE FROM WHICH ALL OR PA RT OF A CATALYTIC
203-CONVERTER WAS OBTAIN ED;
204197
205- (v) the name and address of the individual from whom the junk or
206-scrap metal is acquired;
198+ (2) The record shall state: 1
207199
208- (vi) the signature of:
200+ (i) the date and time of purchase; 2
209201
210- 1. the individual from whom the junk or scrap metal is
211-acquired; and
202+ (ii) a description of the junk or scrap metal purchased, including: 3
212203
213- 2. the junk dealer, scrap metal processor, or employee who
214-accepted the junk or scrap metal; and
204+ 1. the type and grade of the junk or scrap metal; [and] 4
215205
216- (vii) for each individual from whom the junk dealer or scrap metal
217-processor acquires junk or scrap metal:
206+ 2. if payment is based on weight, the weight of each type and 5
207+grade of junk or scrap metal; AND 6
218208
219- 1. the date of birth and driver’s license number of the
220-individual; or
209+ 3. IF THE JUNK OR SCRAP METAL INCLUDES ALL O R 7
210+PART OF A DETACHED CATALYTIC CONVERTER , THE VEHICLE IDENTIFI CATION 8
211+NUMBER OF THE VEHICL E FROM WHICH IT WAS OBTAINED; 9
221212
222- 2. identification information about the individual from a
223-valid State–issued photo ID that provides a physical description of the individual, including
224-the sex, race, any distinguishing features, and approximate age, height, and weight of the
225-individual.
213+ (iii) the amount paid or other consideration for the junk or scrap 10
214+metal; 11
226215
227-Article – Transportation
216+ (iv) the registration plate number, make, and model of any vehicle 12
217+used, INCLUDING FOR ANY VEHIC LE FROM WHICH ALL OR PART OF A CATALYTIC 13
218+CONVERTER WAS OBTAIN ED; 14
228219
229-15–511.
220+ (v) the name and address of the individual from whom the junk or 15
221+scrap metal is acquired; 16
230222
231- (a) Each automotive dismantler and recycler and each scrap processor shall keep
232-an accurate and complete record of all vehicles acquired in [his] THE PERSON’S business.
223+ (vi) the signature of: 17
233224
234- (b) The records shall contain, for each vehicle acquired:
225+ 1. the individual from whom the junk or scrap metal is 18
226+acquired; and 19
235227
236- (1) The name and address of the person from whom the vehicle was
237-acquired;
228+ 2. the junk dealer, scrap metal processor, or employee who 20
229+accepted the junk or scrap metal; and 21
238230
239- (2) The date on which it was acquired; Ch. 484 2024 LAWS OF MARYLAND
231+ (vii) for each individual from whom the junk dealer or scrap metal 22
232+processor acquires junk or scrap metal: 23
240233
241-– 6 –
234+ 1. the date of birth and driver’s license number of the 24
235+individual; or 25
242236
243- (3) Documentary evidence acceptable to the Administration of ownership
244-of the vehicle; [and]
237+ 2. identification information about the individual from a 26
238+valid State–issued photo ID that provides a physical description of the individual, including 27
239+the sex, race, any distinguishing features, and approximate age, height, and weight of the 28
240+individual. 29
245241
246- (4) ANY INFORMATION REQUI RED UNDER § 17–1009(B) OF THE
247-BUSINESS REGULATION ARTICLE; AND
242+Article – Transportation 30 6 HOUSE BILL 871
248243
249- [(4)] (5) Any other information that the Administration requires.
250244
251- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
252-October 1, 2024.
253245
254-Approved by the Governor, May 9, 2024.
246+15–511. 1
247+
248+ (a) Each automotive dismantler and recycler and each scrap processor shall keep 2
249+an accurate and complete record of all vehicles acquired in [his] THE PERSON’S business. 3
250+
251+ (b) The records shall contain, for each vehicle acquired: 4
252+
253+ (1) The name and address of the person from whom the vehicle was 5
254+acquired; 6
255+
256+ (2) The date on which it was acquired; 7
257+
258+ (3) Documentary evidence acceptable to the Administration of ownership 8
259+of the vehicle; [and] 9
260+
261+ (4) ANY INFORMATION REQUI RED UNDER § 17–1009(B) OF THE 10
262+BUSINESS REGULATION ARTICLE; AND 11
263+
264+ [(4)] (5) Any other information that the Administration requires. 12
265+
266+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
267+October 1, 2024. 14
268+
269+
270+
271+
272+Approved:
273+________________________________________________________________________________
274+ Governor.
275+________________________________________________________________________________
276+ Speaker of the House of Delegates.
277+________________________________________________________________________________
278+ President of the Senate.