Scrap Metal. A scrap metal business is a scrap metal supplier, scrap metal recycling center, or scrap metal processor. Businesses engaged in purchasing or receiving private, nonferrous, or commercial metal property must comply with certain statutory requirements, including specific record keeping, restrictions on transactions, and obligations to cooperate with law enforcement. Certain violations of these requirements carry criminal penalties. For instance, it is a gross misdemeanor, punishable by 365 days in jail, a $5,000 fine, or both, to knowingly make any false entry or misstatement of any material matter in any record required to be kept.
"Private metal property" means catalytic converters, either singly or in bundles, bales, or bulk, that have been removed from vehicles for sale as a specific commodity. Crimes involving theft of private metal property are classified by the value of the private metal property stolen. If a person commits theft of private metal property and the costs of the damage to the owner's property exceed $5,000, the person is guilty of the class B felony of theft in the first degree. If the costs of the damage to the owner's property is over $750, but do not exceed $5,000, the person is guilty of the class C felony of theft in the second degree. If the costs of the damage to the owner's property do not exceed $750, the person is guilty of theft in the third degree.
Metal Theft Grant Program. In 2013, the Legislature enacted a bill requiring the Washington Association of Sheriffs and Police Chiefs, when funded, to establish a grant program to assist local law enforcement agencies in support of special enforcement emphasis targeting metal theft. Funding has yet to be provided.
Grant applicants are required to:
Grant applications must be reviewed and awarded through peer review panels. Grant applicants are encouraged to utilize multi-jurisdictional efforts. The cost of administering grants may not exceed $60,000, or 3 percent of appropriated funding, whichever is greater. Grant awards may not be used to supplant preexisting funding sources for special enforcement targeting metal theft.
Work Group. The Joint Transportation Committee must convene a catalytic converter theft work group to examine ways to reduce catalytic converter theft in Washington State. The work group must consist of members of affected stakeholder groups including members of law enforcement, affected businesses, the insurance industry, and the criminal justice system.
At a minimum, the work group must study:
The work group must provide a preliminary report and recommendations to the transportation and public safety committees of the legislature by November 1, 2022, and a final report and recommendations by January 1, 2023. The recommendations must include:
Scrap Metal Business Transactions Involving Private Metal Property. A scrap metal business conducting a transaction specifically involving a catalytic converter that has been removed from a vehicle must maintain documentation indicating that the private metal property in the seller's possession is the result of the seller replacing private metal property from a vehicle registered in the seller's name.
Metal Theft Grant and Training Program. When funded, the Association of Sheriffs and Police Chiefs must establish a grant and training program to assist local law enforcement with special enforcement targeting metal theft. Grant Applications must be reviewed through peer review panels after coordination with other appropriate entities, such as those involved with enforcement against metal theft. Grant applications with a demonstrated increase in metal theft over the previous 24 months are encouraged to focus solely on metal theft and unlawful purchasing and selling of unlawfully obtained metal in their jurisdiction but may coordinate with other jurisdictions.
PRO: Catalytic converter theft is a rising crime in our state, and the Legislature needs to act. While we already have laws targeting catalytic converter theft, this bill represents another tool that will allow law enforcement officers to do their jobs. This bill brings together stakeholders to develop new strategies to drive down the rates of catalytic converter thefts. Washington is the fourth worst state in regard to catalytic converter theft, and this bill will help reverse this trend.
Communities throughout the state have seen a wave of catalytic converter thefts and we need new laws to address this rising issue. This crime can be devastating to its victims and often means that cost of replacing the catalytic converter is more expensive than the value of the car itself. It is a huge destruction to societal wealth when the cost of repairing the damage can cost around $2,000 while those who steal the catalytic converters are getting about one tenth of that. This bill would help communities address this problem.
This is not the first time the Legislature has dealt with this problem, and the last time the work of the Legislature did not adequately address the issue. In particular, the work group in this bill is of vital importance to get to the facts surrounding what is going on with catalytic converter thefts.
Catalytic converter theft has impacted all aspects of the market. This issue is larger than Washington State, and while we need to do our part, it will take a multi-state effort to address this issue.
It is undeniable that something must be done to address catalytic converter theft. This bill provides steps in the right direction to prevent and deter catalytic converter theft in Washington.
OTHER: Scrap yards are already required to keep documentation of transactions involving catalytic converters and support the provision of this bill.