House
Study
Bill
234
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
transactions
involving
used
catalytic
1
converters,
and
providing
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2534HC
(3)
90
th/ns
H.F.
_____
Section
1.
Section
714.27A,
subsection
2,
paragraphs
b
and
1
c,
Code
2023,
are
amended
to
read
as
follows:
2
b.
For
a
business
transaction
in
which
the
person
selling
3
the
catalytic
converter
operates
a
business
at
a
fixed
location
4
in
this
state,
the
person
shall
provide
to
the
purchaser
a
5
copy
of
the
person’s
valid
sales
tax
permit
issued
pursuant
to
6
chapter
423
or
a
copy
of
the
person’s
valid
business
license
7
or
permit
.
For
a
business
transaction
in
which
the
person
8
selling
the
catalytic
converter
operates
a
business
at
a
fixed
9
location
in
another
state
and
is
authorized
to
conduct
a
10
business
transaction
in
this
state,
the
person
shall
provide
11
to
the
purchaser
a
copy
of
the
person’s
valid
sales
tax
permit
12
issued
pursuant
to
chapter
423
,
if
the
person
has
such
a
13
permit,
or
a
copy
of
the
person’s
valid
business
license
or
14
permit
from
the
other
state.
If
a
person
is
unable
to
provide
15
the
documentation
required
in
this
paragraph,
the
person
shall
16
instead
comply
with
paragraph
“c”
.
17
c.
For
transactions
other
than
business
transactions,
the
18
person
selling
the
catalytic
converter
shall
provide
to
the
19
purchaser
an
original
receipt
or
invoice
for
a
replacement
20
catalytic
converter
purchased
fewer
than
thirty
days
before
21
the
person
sells
the
replaced
catalytic
converter,
a
signed
22
affidavit
attesting
to
the
seller’s
valid
ownership
of
the
23
catalytic
converter,
or
a
junking
certificate
for
a
vehicle
24
that
was
issued
fewer
than
thirty
days
before
the
person
sells
25
the
catalytic
converter.
26
(1)
The
receipt,
invoice,
affidavit,
or
junking
certificate
27
presented
by
the
person
to
the
purchaser
must
be
unmarked
by
a
28
purchaser
pursuant
to
subsection
3
.
29
(2)
This
paragraph
does
not
apply
to
a
transaction
if
the
30
person
presents
proof,
unmarked
pursuant
to
subsection
3
,
to
31
the
purchaser
that
the
sale
is
approved
by
the
sheriff
of
the
32
county
in
which
the
vehicle
from
which
the
catalytic
converter
33
was
removed
is
registered.
34
Sec.
2.
Section
714.27A,
subsection
3,
paragraph
b,
Code
35
-1-
LSB
2534HC
(3)
90
th/ns
1/
4
H.F.
_____
2023,
is
amended
to
read
as
follows:
1
b.
A
person
who
purchases
a
catalytic
converter
shall
mark
2
the
receipt,
invoice,
affidavit,
junking
certificate,
or
proof
3
of
sheriff
approval
presented
under
subsection
2
to
indicate
4
the
catalytic
converter
has
been
sold.
The
person
shall
take
a
5
photograph
of
the
catalytic
converter
that
clearly
identifies
6
the
item
as
a
catalytic
converter.
7
Sec.
3.
Section
714.27A,
Code
2023,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
4A.
a.
A
person
shall
not
purchase
a
10
used
catalytic
converter
unless
the
person
is
registered
as
an
11
authorized
purchaser
with
the
department
of
revenue.
The
fee
12
for
an
authorized
purchaser
registration
is
one
hundred
dollars
13
and
such
authorization
is
valid
for
one
year.
A
person
who
14
conducts
a
business
transaction
on
behalf
of
another
person
15
shall
be
considered
an
authorized
purchaser
if
the
other
16
person
on
whose
behalf
the
person
is
making
a
purchase
is
an
17
authorized
purchaser.
18
b.
The
fees
collected
under
this
subsection
shall
be
19
deposited
in
the
general
fund
of
the
state.
20
c.
The
department
of
revenue
may
adopt
rules
pursuant
to
21
chapter
17A
to
implement
and
administer
this
subsection.
22
Sec.
4.
Section
714.27A,
subsection
6,
unnumbered
paragraph
23
1,
Code
2023,
is
amended
to
read
as
follows:
24
A
person,
including
a
person
who
conducts
a
business
25
transaction
on
behalf
of
another
person,
who
intentionally
26
violates
this
section
shall
be
subject
to
a
civil
penalty
as
27
follows:
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
Under
current
law,
for
a
business
transaction,
as
defined
32
in
Code
section
714.27A,
in
which
the
seller
of
a
catalytic
33
converter
operates
a
business
at
a
fixed
location
in
this
34
state,
the
seller
must
provide
to
the
purchaser
a
copy
of
the
35
-2-
LSB
2534HC
(3)
90
th/ns
2/
4
H.F.
_____
seller’s
valid
sales
tax
permit
issued
pursuant
to
Code
chapter
1
423.
This
bill
authorizes
such
a
seller
to
alternatively
2
provide
a
copy
of
the
seller’s
valid
business
license
or
3
permit.
The
seller
of
a
catalytic
converter
operating
a
4
business
at
a
fixed
location
in
another
state
is
authorized
to
5
provide
a
copy
of
the
person’s
valid
business
license
or
permit
6
from
the
other
state
under
current
law.
7
For
transactions
other
than
business
transactions
under
8
current
law,
the
person
selling
the
catalytic
converter
is
9
required
to
provide
to
the
purchaser
an
original
receipt
or
10
invoice
for
a
replacement
catalytic
converter
purchased
fewer
11
than
30
days
before
the
person
sells
the
replaced
catalytic
12
converter,
or
a
junking
certificate
for
a
vehicle
that
was
13
issued
fewer
than
30
days
before
the
person
sells
the
catalytic
14
converter.
The
bill
authorizes
a
seller
to
provide
a
signed
15
affidavit
attesting
to
the
seller’s
valid
ownership
of
the
16
catalytic
converter
instead
of
the
original
receipt,
invoice,
17
or
junking
certificate.
The
bill
requires
a
purchaser
to
mark
18
an
affidavit
in
the
same
manner
the
purchaser
must
mark
other
19
acceptable
forms
of
proof
of
ownership
under
Code
section
20
714.27A.
21
The
bill
prohibits
a
person
from
purchasing
a
catalytic
22
converter
unless
the
person
is
registered
as
an
authorized
23
purchaser
with
the
department
of
revenue
(DOR).
The
fee
24
for
an
authorized
purchaser
registration
is
$100
and
such
25
authorization
is
valid
for
one
year.
The
fees
collected
must
26
be
deposited
in
the
general
fund
of
the
state.
A
person
who
27
conducts
a
business
transaction
on
behalf
of
another
person
28
is
considered
an
authorized
purchaser
if
the
other
person
on
29
whose
behalf
the
person
is
making
a
purchase
is
an
authorized
30
purchaser.
31
A
person,
including
a
person
who
conducts
a
business
32
transaction
on
behalf
of
another
person,
who
violates
Code
33
section
714.27A
is
subject
to
a
civil
penalty
ranging
from
34
$1,000
to
$10,000
based
on
the
number
of
violations
that
occur
35
-3-
LSB
2534HC
(3)
90
th/ns
3/
4
H.F.
_____
within
a
two-year
period.
The
bill
requires
that
a
person
must
1
intentionally
violate
Code
section
714.27A
to
be
subject
to
the
2
corresponding
civil
penalty.
3
Under
current
law,
proof
that
a
person,
including
a
person
4
who
conducted
a
business
transaction
on
behalf
of
another
5
person,
violated
Code
section
714.27A(2)
or
714.27A(3)
is
6
evidence
from
which
the
court
or
jury
may
infer
culpability
7
relating
to
the
theft
of
a
catalytic
converter.
The
bill
does
8
not
add
an
intention
element
to
violations
for
purposes
of
this
9
provision.
10
-4-
LSB
2534HC
(3)
90
th/ns
4/
4