EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 785
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
3128S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 301.218, 407.300, and 570.030, RSMo, and to enact in lieu thereof four new
sections relating to catalytic converters, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 301.218, 407.300, and 570.030, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 301.218, 407.300, 570.030, and 570.031, to 3
read as follows:4
301.218. 1. No person shall, except as an incident to 1
the sale, repair, rebuilding or servicing of vehicles by a 2
licensed franchised motor vehicle dealer, carry on or 3
conduct the following business unless licensed to do so by 4
the department of revenue under sections 301.217 to 301.229: 5
(1) Selling used parts of or used accessories for 6
vehicles as a used parts dealer, as defined in section 7
301.010; 8
(2) Salvaging, wrecking, or dismantling vehicles for 9
resale of the parts thereof as a salvage dealer [or] and 10
dismantler, as defined in section 301.010 , or otherwise 11
engaging in the buying or selling of catalytic converters or 12
the component parts of catalytic converter s; 13
(3) Rebuilding and repairing four or more wrecked or 14
dismantled vehicles in a calendar year as a rebuilder or 15
body shop, as defined in section 301.010; 16 SB 785 2
(4) Processing scrapped vehicles or vehicle parts as a 17
scrap processor, as defined in section 301.010. 18
2. Sales at a salvage pool or a salvage disposal sale 19
shall be open only to and made to persons actually engaged 20
in and holding a current license under sections 301.217 to 21
301.221 and 301.550 to 301.573 or any person from another 22
state or jurisdiction who is legally allowed in his or her 23
state of domicile to purchase for resale, rebuild, 24
dismantle, crush, or scrap either motor vehicles or salvage 25
vehicles, and to persons who reside in a foreign country 26
that are purchasing salv age vehicles for export outside of 27
the United States. Operators of salvage pools or salvage 28
disposal sales shall keep a record, for three years, of 29
sales of salvage vehicles with the purchasers' name and 30
address, and the year, make, and vehicle identi fication 31
number for each vehicle. These records shall be open for 32
inspection as provided in section 301.225. Such records 33
shall be submitted to the department on a quarterly basis. 34
3. The operator of a salvage pool or salvage disposal 35
sale, or subsequent purchaser, who sells a nonrepairable 36
motor vehicle or a salvage motor vehicle to a person who is 37
not a resident of the United States at a salvage pool or a 38
salvage disposal sale shall: 39
(1) Stamp on the face of the title so as not to 40
obscure any name, date, or mileage statement on the title 41
the words "FOR EXPORT ONLY" in capital letters that are 42
black; and 43
(2) Stamp in each unused reassignment space on the 44
back of the title the words "FOR EXPORT ONLY" and print the 45
number of the dealer's salvage vehicle license, name of the 46
salvage pool, or the name of the governmental entity, as 47
applicable. 48 SB 785 3
The words "FOR EXPORT ONLY" required under subdivisions (1) 49
and (2) of this subsection shall be at least two inches wide 50
and clearly legible. Copies of the stamped titles shall be 51
forwarded to the department. 52
4. The director of revenue shall issue a separate 53
license for each kind of business described in subsection 1 54
of this section, to be entitled and designated as either 55
"used parts dealer"; "salvage dealer or dismantler"; 56
"rebuilder or body shop"; or "scrap processor" license. 57
407.300. 1. Every purchaser or collector of, or 1
dealer in, junk, scrap metal, or any secondhand property who 2
obtains items for resale or profit shall keep a register 3
containing a written or electronic record for each purchase 4
or [trade in which] trade-in of each type of material 5
subject to the provisions of this section [is] obtained for 6
value. There shall be a separate reco rd for each 7
transaction involving any: 8
(1) Copper, brass, or bronze; 9
(2) Aluminum wire, cable, pipe, tubing, bar, ingot, 10
rod, fitting, or fastener; 11
(3) Material containing copper or aluminum that is 12
knowingly used for farming purposes as farming is defined in 13
section 350.010; whatever may be the condition or length of 14
such metal; 15
(4) Detached catalytic converter; or 16
(5) Motor vehicle, heavy equipment, or tractor battery. 17
2. The record required by this section shall c ontain 18
the following data: 19
(1) A copy of the driver's license , or other photo 20
identification issued by the state or by the United States 21
government or agency thereof , of the person from whom the 22
material is obtained; 23 SB 785 4
(2) The current address, gender, birth date, and a 24
color photograph of the person from whom the material is 25
obtained if not included or are different from the 26
identification required in subdivision (1) of this 27
subsection; 28
(3) The date, time, and place of the transactio n; 29
(4) The license plate number of the vehicle used by 30
the seller during the transaction; [and] 31
(5) A full description of the material, including the 32
weight and purchase price ; and 33
(6) If the purchase or trade -in includes a detached 34
catalytic converter: 35
(a) Either proof the seller is a bona fide automobile 36
repair shop or an affidavit that attests the detached 37
catalytic converter was acquired lawfully; and 38
(b) The make, model, year, and vehicle identification 39
number of the vehicle from which the detached catalytic 40
converter originated . 41
3. (1) The records required under this section shall 42
be maintained in order of transaction date for a minimum of 43
[thirty-six months] four years from when such material is 44
obtained and shall be available for inspection by any law 45
enforcement officer. 46
(2) The department of revenue shall create and make 47
available on the department website a standardized form for 48
recording the records required under this section. 49
(3) At least monthly, a purchaser or collector of, or 50
dealer in, junk, scrap metal, or any secondhand property 51
shall submit to the department of revenue the records 52
required under this section on the department's form, with 53
copies of the purchaser's, collector 's, or dealer's other 54
records, if any, attached. The submission may be in either 55 SB 785 5
a paper or electronic format. The department of revenue may 56
prescribe the format of forms submitted electronically. 57
4. No transaction that includes a detached catal ytic 58
converter shall occur at any location other than the fixed 59
place of business of the purchaser or collector of, or 60
dealer in, junk, scrap metal, or any secondhand property. 61
No detached catalytic converter shall be altered, modified, 62
disassembled, or destroyed until it has been in the 63
purchaser's, collector's, or dealer's possession for five 64
business days. 65
5. Anyone [licensed under section 301.218 who 66
knowingly purchases a stolen detached catalytic converter 67
shall be subject to the follow ing penalties: 68
(1) For a first violation, a fine in the amount of 69
five thousand dollars; 70
(2) For a second violation, a fine in the amount of 71
ten thousand dollars; and 72
(3) For a third violation, revocation of the ] 73
convicted of violating this section shall be guilty of a 74
class E felony and shall be subject to having any license 75
for a business described under section 301.218 revoked. 76
6. This section shall not apply to [either of] the 77
following transactions: 78
(1) Any transaction for which the seller has an 79
existing business relationship with the scrap metal dealer 80
and is known to the scrap metal dealer making the purchase 81
to be an established business or political subdivision that 82
operates a business with a fixed location t hat can be 83
reasonably expected to generate regulated scrap metal and 84
can be reasonably identified as such a business, and for 85
which the seller is paid by check or by electronic funds 86
transfer, or the seller produces an acceptable 87 SB 785 6
identification, which shall be a copy of the driver's 88
license or photo identification issued by the state or by 89
the United States government or agency thereof, and a copy 90
is retained by the purchaser; or 91
(2) Any transaction for which the type of metal 92
subject to subsection 1 of this section is a minor part of a 93
larger item, except [for] that minor parts of heating and 94
cooling equipment or of equipment used in the generation and 95
transmission of electrical power or telecommunications , 96
including any catalytic convert er of such equipment, shall 97
remain subject to this section . 98
7. As used in this section, "catalytic converter" 99
means any device designed to be used as an emissions control 100
device when connected to an internal combustion engine, 101
including the constituent parts of such a device, whether 102
assembled into a complete unit or disassembled into separate 103
constituent parts or components. 104
570.030. 1. A person commits the offense of stealing 1
if he or she: 2
(1) Appropriates property or services of another with 3
the purpose to deprive him or her thereof, either without 4
his or her consent or by means of deceit or coercion; 5
(2) Attempts to appropriate anhydrous ammonia or 6
liquid nitrogen of another with the purpose to deprive him 7
or her thereof, either without his or her consent or by 8
means of deceit or coercion; [or] 9
(3) For the purpose of depriving the owner of a lawful 10
interest therein, receives, retains or disposes of property 11
of another knowing that it has been stol en, or believing 12
that it has been stolen ; or 13
(4) For the purpose of depriving the owner of a lawful 14
interest therein, receives, retains, or disposes of a 15 SB 785 7
catalytic converter, as defined in subsection 7 of section 16
407.300, and knows that it has be en stolen, believes that it 17
has been stolen, or reasonably should suspect that it has 18
been stolen. 19
2. The offense of stealing is a class A felony if the 20
property appropriated consists of any of the following 21
containing any amount of anhydrous amm onia: a tank truck, 22
tank trailer, rail tank car, bulk storage tank, field nurse, 23
field tank or field applicator. 24
3. The offense of stealing is a class B felony if: 25
(1) The property appropriated or attempted to be 26
appropriated consists of an y amount of anhydrous ammonia or 27
liquid nitrogen; 28
(2) The property consists of any animal considered 29
livestock as the term livestock is defined in section 30
144.010, or any captive wildlife held under permit issued by 31
the conservation commission, a nd the value of the animal or 32
animals appropriated exceeds three thousand dollars and that 33
person has previously been found guilty of appropriating any 34
animal considered livestock or captive wildlife held under 35
permit issued by the conservation commiss ion. 36
Notwithstanding any provision of law to the contrary, such 37
person shall serve a minimum prison term of not less than 38
eighty percent of his or her sentence before he or she is 39
eligible for probation, parole, conditional release, or 40
other early release by the department of corrections; 41
(3) A person appropriates property consisting of a 42
motor vehicle, watercraft, or aircraft, and that person has 43
previously been found guilty of two stealing -related 44
offenses committed on two separate occasion s where such 45
offenses occurred within ten years of the date of occurrence 46
of the present offense; 47 SB 785 8
(4) The property appropriated or attempted to be 48
appropriated consists of any animal considered livestock as 49
the term is defined in section 144.010 if the value of the 50
livestock exceeds ten thousand dollars; or 51
(5) The property appropriated or attempted to be 52
appropriated is owned by or in the custody of a financial 53
institution and the property is taken or attempted to be 54
taken physically from an individual person to deprive the 55
owner or custodian of the property. 56
4. The offense of stealing is a class C felony if the 57
value of the property or services appropriated is twenty - 58
five thousand dollars or more or the property is a teller 59
machine or the contents of a teller machine, including cash, 60
regardless of the value or amount. 61
5. The offense of stealing is a class D felony if: 62
(1) The value of the property or services appropriated 63
is seven hundred fifty dollars or more; 64
(2) The offender physically takes the property 65
appropriated from the person of the victim; or 66
(3) The property appropriated consists of: 67
(a) Any motor vehicle, watercraft or aircraft; 68
(b) Any will or unrecorded deed affecting real 69
property; 70
(c) Any credit device, debit device or letter of 71
credit; 72
(d) Any firearms; 73
(e) Any explosive weapon as defined in section 571.010; 74
(f) Any United States national flag designed, intended 75
and used for display on buildings o r stationary flagstaffs 76
in the open; 77 SB 785 9
(g) Any original copy of an act, bill or resolution, 78
introduced or acted upon by the legislature of the state of 79
Missouri; 80
(h) Any pleading, notice, judgment or any other record 81
or entry of any court of this state, any other state or of 82
the United States; 83
(i) Any book of registration or list of voters 84
required by chapter 115; 85
(j) Any animal considered livestock as that term is 86
defined in section 144.010; 87
(k) Any live fish raised for c ommercial sale with a 88
value of seventy-five dollars or more; 89
(l) Any captive wildlife held under permit issued by 90
the conservation commission; 91
(m) Any controlled substance as defined by section 92
195.010; 93
(n) Ammonium nitrate; 94
(o) Any wire, electrical transformer, or metallic wire 95
associated with transmitting telecommunications, video, 96
internet, or voice over internet protocol service, or any 97
other device or pipe that is associated with conducting 98
electricity or transporting nat ural gas or other combustible 99
fuels; or 100
(p) Any material appropriated with the intent to use 101
such material to manufacture, compound, produce, prepare, 102
test or analyze amphetamine or methamphetamine or any of 103
their analogues. 104
6. The offense of stealing is a class E felony if: 105
(1) The property appropriated is an animal; 106
(2) The property is a catalytic converter , as defined 107
in subsection 7 of section 407.300 ; 108 SB 785 10
(3) A person has previously been found guilty of three 109
stealing-related offenses committed on three separate 110
occasions where such offenses occurred within ten years of 111
the date of occurrence of the present offense; or 112
(4) The property appropriated is a letter, postal 113
card, package, bag, or other sealed article t hat was 114
delivered by a common carrier or delivery service and not 115
yet received by the addressee or that had been left to be 116
collected for shipment by a common carrier or delivery 117
service. 118
7. The offense of stealing is a class D misdemeanor if 119
the property is not of a type listed in subsection 2, 3, 5, 120
or 6 of this section, the property appropriated has a value 121
of less than one hundred fifty dollars, and the person has 122
no previous findings of guilt for a stealing -related offense. 123
8. The offense of stealing is a class A misdemeanor if 124
no other penalty is specified in this section. 125
9. If a violation of this section is subject to 126
enhanced punishment based on prior findings of guilt, such 127
findings of guilt shall be pleaded and proven in the same 128
manner as required by section 558.021. 129
10. The appropriation of any property or services of a 130
type listed in subsection 2, 3, 5, or 6 of this section or 131
of a value of seven hundred fifty dollars or more may be 132
considered a separate fe lony and may be charged in separate 133
counts. 134
11. The value of property or services appropriated 135
pursuant to one scheme or course of conduct, whether from 136
the same or several owners and whether at the same or 137
different times, constitutes a single c riminal episode and 138
may be aggregated in determining the grade of the offense, 139
except as set forth in subsection 10 of this section. 140 SB 785 11
570.031. 1. A person commits the offense of unlawful 1
possession of a detached catalytic converter i f the person 2
possesses a catalytic converter that is detached from a 3
motor vehicle with the intent to sell the catalytic 4
converter unless: 5
(1) The detached catalytic converter is possessed in 6
the course of a legitimate business purpose; 7
(2) The detached catalytic converter is a component or 8
constituent part of an item or equipment owned by the 9
person; or 10
(3) The possession of the detached catalytic converter 11
is for some other lawful purpose. 12
2. The offense of unlawful possessi on of a detached 13
catalytic converter is a class E felony. 14