Senate File 2287 S-5038 Amend Senate File 2287 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 714.1, subsection 4, Code 2022, is 4 amended to read as follows: 5 4. Exercises control over stolen property, knowing such 6 property to have been stolen, or having reasonable cause to 7 believe that such property has been stolen, unless the person’s 8 purpose is to promptly restore it to the owner or to deliver it 9 to an appropriate public officer. The fact that the person is 10 found in possession of property which has been stolen from two 11 or more persons on separate occasions, or that the person is a 12 dealer or other person familiar with the value of such property 13 and has acquired it for a consideration which is far below its 14 reasonable value, or that the person violated section 714.27A 15 in a transaction involving the property, shall be evidence 16 from which the court or jury may infer that the person knew or 17 believed that the property had been stolen. 18 Sec. 2. Section 714.27, subsection 1, paragraph a, Code 19 2022, is amended to read as follows: 20 a. “Scrap metal” means any metal suitable for reprocessing. 21 “Scrap metal” does not include a motor vehicle , but does include 22 or a catalytic converter detached from a motor vehicle. 23 Sec. 3. Section 714.27, subsection 5, paragraph a, Code 24 2022, is amended to read as follows: 25 a. Transactions in which the total sale price is fifty 26 dollars or less , except transactions for the sale of catalytic 27 converters . 28 Sec. 4. Section 714.27, subsection 5, paragraph b, Code 29 2022, is amended by striking the paragraph. 30 Sec. 5. NEW SECTION . 714.27A Used catalytic converter 31 transactions —— reporting —— penalties. 32 1. For purposes of this section: 33 a. “Business transaction” means an exchange of consideration 34 for a catalytic converter between a scrap metal dealer, as 35 -1- SF 2287.3451 (1) 89 th/ns 1/ 5 #1.

defined in section 714.27, and another scrap metal dealer, 1 an authorized vehicle recycler licensed under chapter 321H 2 operating a business at a fixed location, a motor vehicle 3 dealer licensed under chapter 322 operating a business at a 4 fixed location, a towable recreational vehicle dealer licensed 5 under chapter 322C operating a business at a fixed location, a 6 mechanic or an automotive repair facility operating a business 7 at a fixed location, or a person operating a similar business 8 at a fixed location in another state. 9 b. “Catalytic converter” means a catalytic converter that 10 was previously installed in a motor vehicle and subsequently 11 removed. 12 2. a. A person shall not sell a catalytic converter in 13 this state unless the person provides to the purchaser, at or 14 before the time of sale, the person’s name, address, and place 15 of business, if any, and presents to the purchaser a valid 16 driver’s license or nonoperator’s identification card, military 17 identification card, passport, or other government-issued photo 18 identification. 19 b. For a business transaction in which the person selling 20 the catalytic converter operates a business at a fixed location 21 in this state, the person shall provide to the purchaser a 22 copy of the person’s valid sales tax permit issued pursuant to 23 chapter 423. For a business transaction in which the person 24 selling the catalytic converter operates a business at a fixed 25 location in another state and is authorized to conduct a 26 business transaction in this state, the person shall provide 27 to the purchaser a copy of the person’s valid sales tax permit 28 issued pursuant to chapter 423, if the person has such a 29 permit, or a copy of the person’s valid business license or 30 permit from the other state. If a person is unable to provide 31 the documentation required in this paragraph, the person shall 32 instead comply with paragraph “c” . 33 c. For transactions other than business transactions, the 34 person selling the catalytic converter shall provide to the 35 -2- SF 2287.3451 (1) 89 th/ns 2/ 5

purchaser an original receipt or invoice for a replacement 1 catalytic converter purchased fewer than thirty days before the 2 person sells the replaced catalytic converter, or a junking 3 certificate for a vehicle that was issued fewer than thirty 4 days before the person sells the catalytic converter. 5 (1) The receipt, invoice, or junking certificate presented 6 by the person to the purchaser must be unmarked by a purchaser 7 pursuant to subsection 3. 8 (2) This paragraph does not apply to a transaction if the 9 person presents proof, unmarked pursuant to subsection 3, to 10 the purchaser that the sale is approved by the sheriff of the 11 county in which the vehicle from which the catalytic converter 12 was removed is registered. 13 3. a. A person shall not purchase a catalytic converter 14 from a seller without demanding and receiving the information 15 required by subsection 2. 16 b. A person who purchases a catalytic converter shall mark 17 the receipt, invoice, junking certificate, or proof of sheriff 18 approval presented under subsection 2 to indicate the catalytic 19 converter has been sold. The person shall take a photograph 20 of the catalytic converter that clearly identifies the item as 21 a catalytic converter. 22 c. A person who purchases a catalytic converter shall have a 23 residence or fixed business address within this state. 24 4. A person who purchases a catalytic converter shall keep 25 a confidential register or log of each transaction, including a 26 copy of the information required by subsections 2, 3, and 5. 27 All records and information kept pursuant to this subsection 28 shall be retained for at least two years, and shall be provided 29 to a law enforcement agency or other officer or employee 30 designated by a county or city to enforce this section upon 31 request during normal business hours when the law enforcement 32 agency or designated officer or employee of a county or city 33 has reasonable grounds to request such information as part 34 of an investigation. A law enforcement agency or designated 35 -3- SF 2287.3451 (1) 89 th/ns 3/ 5

officer or employee of a county or city shall preserve the 1 confidentiality of the information provided under this 2 subsection and shall not disclose it to a third party, except 3 as may be necessary in enforcement of this section or the 4 prosecution of a criminal violation. 5 5. A transaction under this section shall be made by check 6 or electronic funds transfer. 7 6. A person, including a person who conducts a business 8 transaction on behalf of another person, who violates this 9 section shall be subject to a civil penalty as follows: 10 a. For an initial violation, one thousand dollars. 11 b. For a second violation within two years, five thousand 12 dollars. 13 c. For a third or subsequent violation within two years, ten 14 thousand dollars. 15 7. Proof that a person, including a person who conducted 16 a business transaction on behalf of another person, violated 17 subsection 2 or 3 shall be evidence from which the court or 18 jury may infer any of the following: 19 a. The person aided and abetted the underlying theft of the 20 catalytic converter involved in the transaction from a vehicle, 21 under section 703.1. 22 b. The person had knowledge that a public offense has been 23 committed and that a certain person committed it, for purposes 24 of proving the person acted as an accessory after the fact 25 under section 703.3. 26 Sec. 6. Section 805.8C, Code 2022, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 10A. Used catalytic converter transaction 29 violations. For violations of section 714.27A, the scheduled 30 fine is one thousand dollars for a first violation, five 31 thousand dollars for a second violation within two years, 32 and ten thousand dollars for a third or subsequent violation 33 within two years. The scheduled fine under this subsection 34 is a civil penalty which shall be deposited into the general 35 -4- SF 2287.3451 (1) 89 th/ns 4/ 5

fund of the county or city if imposed by a designated officer 1 or employee of a county or city, or deposited in the general 2 fund of the state if imposed by a state agency, and the crime 3 services surcharge under section 911.1 shall not be added to 4 the penalty. > 5 2. Title page, by striking lines 1 through 4 and inserting 6 < An Act relating to used catalytic converter transactions, 7 providing penalties, and making penalties applicable. > 8 ______________________________ WAYLON BROWN -5- SF 2287.3451 (1) 89 th/ns 5/ 5 #2.