Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › IN GENERAL (§§ 97-17-1 — 97-17-103) › Section 97-17-71.3 - Unlawful acquisition or use of detached catalytic converter or nonferrous parts thereof; provision of false, fraudulent, altered or counterfeit information by seller of detached catalytic converter or nonferrous part thereof; violation

(1)
It is unlawful for any person to purchase or otherwise acquire, a used, detached catalytic converter, or any nonferrous part thereof, unless all of the following apply:
(a)
The purchaser is registered as a scrap metal dealer under Section
97-17-71
;
(b)
The sale, transfer, purchase or acquisition occurs at the fixed business address of a scrap metal dealer that is a party to the transaction. For purposes of this subsection, the fixed business address of the scrap metal dealer is the address of the business that is registered pursuant to Section
97-17-71
;
(c)
The purchaser has maintained all of the information required under Section
97-17-71
;
(d)
One or more of the following apply:
(i)
The used, detached catalytic converter or nonferrous part thereof was obtained by the seller thereof as part of a vehicle;
(ii)
The catalytic converter or nonferrous part thereof was purchased in a dealer-to-dealer transaction or from any of the following bona fide entities: a new or used motor vehicle dealer, an automotive repair service, a motor vehicle manufacturer, a vehicle demolisher or a distributor of catalytic converters; or
(iii)
The seller of the catalytic converter or nonferrous part thereof provides the purchaser with all of the following information for the motor vehicle from which the catalytic converter or part thereof was taken:
1.
The name of the person who removed the catalytic converter;
2.
The name of the person for whom the removal was completed;
3.
The make and model of the vehicle from which the catalytic converter was removed;
4.
The vehicle identification number of the vehicle from which the catalytic converter was removed; and
5.
A copy of the driver's license or nondriver identification card of the seller of the catalytic converter;
(e)
Before each purchase or acquisition of a used, detached catalytic converter or part thereof, the scrap metal dealer, including an agent, employee, or representative thereof, shall retain the necessary records and information to comply with Sections
97-17-71
through
97-17-71.3
.
(2)
It is unlawful for a seller of a used, detached catalytic converter, or any nonferrous part of a catalytic converter, to provide any false, fraudulent, altered or counterfeit information or documentation as required by this section.
(3)
Each catalytic converter that is purchased, possessed, obtained, transported or otherwise acquired in violation of this section is a separate violation of this section.
(4)
A person who violates this section is guilty of a misdemeanor or a felony for subsequent violations as specifically prescribed under Sections
97-17-71
and
97-17-71.1
, Mississippi Code of 1972.
(5)
For purposes of this section, a used, detached catalytic converter does not include a catalytic converter that has been tested, certified and labeled for reuse in accordance with applicable U.S. Environmental Protection Agency Clean Air Act regulations.
Added by Laws, 2022, ch. 452, SB 2545,§ 4, eff. 7/1/2022.