Bill Text: IA HSB751 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to transactions involving used catalytic converters.(See HF 2707.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-04-18 - Committee report approving bill, renumbered as HF 2707. [HSB751 Detail]
Download: Iowa-2023-HSB751-Introduced.html
House
Study
Bill
751
-
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.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6399YC
(1)
90
th/ns
H.F.
_____
Section
1.
Section
714.27A,
subsection
2,
paragraphs
b
and
1
c,
Code
2024,
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
6399YC
(1)
90
th/ns
1/
3
H.F.
_____
2024,
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,
subsection
6,
unnumbered
paragraph
8
1,
Code
2024,
is
amended
to
read
as
follows:
9
A
person,
including
a
person
who
conducts
a
business
10
transaction
on
behalf
of
another
person,
who
intentionally
11
violates
this
section
shall
be
subject
to
a
civil
penalty
as
12
follows:
13
Sec.
4.
Section
714.27A,
subsection
7,
unnumbered
paragraph
14
1,
Code
2024,
is
amended
to
read
as
follows:
15
Proof
that
a
person,
including
a
person
who
conducted
a
16
business
transaction
on
behalf
of
another
person,
intentionally
17
violated
subsection
2
or
3
shall
be
evidence
from
which
the
18
court
or
jury
may
infer
any
of
the
following:
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
Under
current
law,
for
a
business
transaction,
as
defined
in
23
Code
section
714.27A,
in
which
the
seller
of
a
used
catalytic
24
converter
operates
a
business
at
a
fixed
location
in
this
25
state,
the
seller
must
provide
to
the
purchaser
a
copy
of
the
26
seller’s
valid
sales
tax
permit
issued
pursuant
to
Code
chapter
27
423.
This
bill
authorizes
such
a
seller
to
alternatively
28
provide
a
copy
of
the
seller’s
valid
business
license
or
29
permit.
The
seller
of
a
catalytic
converter
operating
a
30
business
at
a
fixed
location
in
another
state
is
authorized
to
31
provide
a
copy
of
the
person’s
valid
business
license
or
permit
32
from
the
other
state
under
current
law.
33
For
transactions
other
than
business
transactions
under
34
current
law,
the
person
selling
the
used
catalytic
converter
35
-2-
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6399YC
(1)
90
th/ns
2/
3
H.F.
_____
is
required
to
provide
to
the
purchaser
an
original
receipt
or
1
invoice
for
a
replacement
catalytic
converter
purchased
fewer
2
than
30
days
before
the
person
sells
the
replaced
catalytic
3
converter,
or
a
junking
certificate
for
a
vehicle
that
was
4
issued
fewer
than
30
days
before
the
person
sells
the
catalytic
5
converter.
The
bill
authorizes
a
seller
to
provide
a
signed
6
affidavit
attesting
to
the
seller’s
valid
ownership
of
the
7
catalytic
converter
instead
of
the
original
receipt,
invoice,
8
or
junking
certificate.
The
bill
requires
a
purchaser
to
mark
9
an
affidavit
in
the
same
manner
the
purchaser
must
mark
other
10
acceptable
forms
of
proof
of
ownership
under
Code
section
11
714.27A.
12
Under
current
law,
a
person,
including
a
person
who
13
conducts
a
business
transaction
on
behalf
of
another
person,
14
who
violates
Code
section
714.27A
is
subject
to
a
civil
15
penalty
ranging
from
$1,000
to
$10,000
based
on
the
number
16
of
violations
that
occur
within
a
two-year
period.
Proof
17
that
a
person,
including
a
person
who
conducted
a
business
18
transaction
on
behalf
of
another
person,
violated
Code
section
19
714.27A(2)
or
714.27A(3)
is
evidence
from
which
the
court
or
20
jury
may
infer
culpability
relating
to
the
theft
of
a
catalytic
21
converter.
The
bill
requires
that
a
person
must
intentionally
22
violate
Code
section
714.27A
to
be
subject
to
the
corresponding
23
civil
or
criminal
penalty,
as
applicable.
24
-3-
LSB
6399YC
(1)
90
th/ns
3/
3
