LRB-3430/1
JAM:emw
2021 - 2022 LEGISLATURE
June 10, 2021 - Introduced by Senators Bernier, L. Taylor, Ballweg, Cowles,
Larson and Smith, cosponsored by Representatives Moses,
James, Doyle,
Brandtjen, Billings, Callahan, Dittrich, Edming, Emerson, Gundrum,
Knodl, Kuglitsch, Novak, Rozar, Snyder, Sortwell, Tauchen, Thiesfeldt,
Tittl, Wichgers and Tusler. Referred to Committee on Labor and Regulatory
Reform.
SB408,1,2
1An Act to create 134.405 (1) (f) 9. of the statutes;
relating to: regulating scrap
2dealer purchases of catalytic converters.
Analysis by the Legislative Reference Bureau
This bill designates a catalytic converter as a type of proprietary article for
which scrap dealers must follow certain requirements. Under current law,
“proprietary articles” include copper and aluminum conductors and wires, metal
beer kegs, manhole covers, metal grave markers, railroad track components, and
plastic bulk merchandise containers.
Under current law, scrap dealers may purchase proprietary articles from any
person who is over the age of 18 if all of the following apply:
1. The seller or deliverer of the proprietary article provides to the scrap dealer
the seller's government-issued, current photographic identification.
2. The scrap dealer records and maintains information from the identification
provided by the seller or deliverer as well as the time and date of the purchase, the
number and state of the seller's or deliverer's vehicle license plate, and a description
of the proprietary article, including the weight of the article and a description of the
article consistent with certain national recycling guidelines.
3. The scrap dealer either 1) receives from the seller certain evidence that
establishes that the seller lawfully possesses the proprietary article or 2) documents
that the dealer has made a diligent inquiry into whether the person selling the
proprietary article has a legal right to do so and then submits within one business
day a report to a local law enforcement department describing the proprietary article
and a copy of the seller's or deliverer's photographic identification information.
The above requirements do not apply if the scrap dealer purchases the
proprietary article from a commercial account if the scrap dealer also creates and
maintains certain records of purchases from the commercial account.
Scrap dealers must maintain all of the above stated records for not less than two
years after recording, and city, village, town, or county law enforcement officers may
request that all scrap dealers in the municipality furnish reports of proprietary
article purchases. Upon such a request, the scrap dealers must furnish the reports
no later than the business day following the purchase.
A scrap dealer's intentional failure to comply with the above requirements is
a misdemeanor. A first-time violator is subject to a fine of up to $1,000 or
imprisonment for up to 90 days or both, and a repeat violator is subject to a fine of
up to $10,000 or imprisonment for up to nine months or both. Owners of proprietary
articles who incur injury or loss as a result of a violation of the above requirements
may bring a civil action against the person who committed the violation.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB408,1
1Section
1. 134.405 (1) (f) 9. of the statutes is created to read:
SB408,2,22
134.405
(1) (f) 9. A catalytic converter.
