ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 638
(Senators Love and Kessler, original sponsors)
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[Passed March 8, 2008; in effect ninety days from passage.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-59, relating to
the receipt and transfer of catalytic converters; imposing
reporting and record retention requirements for certain
purchasers of catalytic converters; providing for the
inspection of records and materials by investigators employed
by law enforcement; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-59, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-59. Trading in catalytic converters; certificates, records
and reports of purchases; criminal penalties.
(a) Any person who purchases or trades for catalytic
converters or any materials derived from catalytic converters shall
be subject to the provisions of this section.
(b) Any purchaser of catalytic converters or any materials derived from catalytic converters shall make and maintain a record
of each transaction which shall contain the following information:
(1) Full name, permanent home and business addresses and
telephone number, if available, of the seller;
(2) A description and the motor vehicle license number of any
vehicle, if any, used to transport catalytic converters or any
materials derived from catalytic converters to the place of
purchase;
(3) The time and date of the transaction;
(4) A complete description of the catalytic converter or any
materials derived from catalytic converters purchased or traded
for; and
(5) A statement whether the catalytic converter or any
material derived from a catalytic converter was purchased, taken as
collateral for a loan or taken on consignment.
(c) The person purchasing or trading for a catalytic converter
or any materials derived from a catalytic converter shall also
require and retain from the seller the following information:
(1) A signed certificate of ownership of the catalytic
converter or any materials derived from a catalytic converter being
sold or signed authorization from the owner to sell; and
(2) A photocopy of a valid driver's license or identification
card issued by the West Virginia Division of Motor Vehicles of the
person delivering a catalytic converter or any materials derived
from a catalytic converter, or in lieu thereof, any other
identification card containing a photograph of the seller as issued
by any state or federal agency of the United States:
Provided,
That, if the buyer has a copy of the seller's photo identification on file, the buyer may reference the identification that is on file
without making a separate photocopy for each transaction.
(d) Any law-enforcement officer investigating the theft of
catalytic converters or any materials derived from a catalytic
converter shall be permitted to inspect the purchased catalytic
converter or any materials derived from a catalytic converter that
is in the possession of the buyer or person trading for a catalytic
converter for the purpose of detecting and identifying stolen
property.
(e) It is unlawful for any of the aforementioned persons to
purchase any catalytic converter or any materials derived from a
catalytic converter without obtaining the information set forth in
subsections (b) and (c) of this section. Such information shall be
available for inspection by any law-enforcement officer to
investigate the theft of any catalytic converter or any materials
derived from a catalytic converter and must be maintained by the
purchaser for not less than one year after the date of the
purchase.
(f) Nothing in this section applies to scrap purchases by
manufacturing facilities that melt, or otherwise alter the form of
scrap metal and transform it into a new product or to the purchase
or transportation of food and beverage containers or other
nonindustrial materials having a marginal value per individual
unit.
(g) Any person who knowingly violates any provision of this
section is guilty of a misdemeanor and, upon conviction of a first
offense thereof, shall be fined not less than one thousand dollars
nor more than three thousand dollars.
(h) Nothing in this section is intended to apply to a consumer
purchasing a vehicle which contains a catalytic converter, nor is
it intended to apply to a consumer who purchases a replacement
catalytic converter for a vehicle.