Lawmakers mull catalytic converter bill

Bipartisan legislation intending to cut the demand for stolen catalytic converters will increase fines for violators and limit the ability to buy and sell the part if passed.

The legislation, Senate Bill 5495, had its first public hearing Tuesday in the Senate Law and Justice Committee and is scheduled for an executive session Thursday. Local bill sponsors include Sens. Judy Warnick, R-Moses Lake and Mark Schoesler, R-Ritzville.

Catalytic converter theft is becoming a daily occurrence for Washingtonians, said Sen. Jeff Wilson, R-Longview. As long as criminals have a hand saw, it’s easy to remove the part in minutes, leaving behind a trail of victims with damages amounting to thousands of dollars, he said.

The price of precious metals used in catalytic converters is peaking. Wilson said thieves flock to recycling centers and other businesses to sell the part and its materials, and get up to $100 or more for the parts.

“Any vehicle seems to be a target of this unless you’re somebody that may own an all-electric vehicle,” he said, “therefore putting everyone at risk in the entire state.”

The Senate’s bipartisan solution to the crime is an alternative to House Bill 1815, which creates a catalytic converter identification system for Washington State Patrol. It would use different identifiers on the part and vehicle to track stolen parts.

House Bill 1815 requires marking vehicles around the state, a monumental task, said Gary Ernsdorff, King County senior prosecuting attorney. Washingtonians would have to bring their vehicle in to be marked, if it’s not already done by the manufacturer, he said, and the state must address the demand.

SB 5495 would require scrap metal businesses to maintain records of transactions containing precious metals used in catalytic converters. When making said transactions, businesses must take a copy of the person’s government-issued identification.

The bill prohibits scrap metal businesses from participating in catalytic converter transactions with anyone other than commercial enterprises and the vehicle owner from which the part was removed.

Scrap metal businesses that acquire metal property knowing it was stolen could be charged with a gross misdemeanor, if the bill passes. It also would be a gross misdemeanor to remove, alter or destroy serial numbers and other identifiers on the metal property to deceive scrap metal businesses.

Violators could face 365 days of jail time, a $5,000 fine or both. Individuals who are not subject to certain criminal penalties could face a $1,000 fine, which doubles if convicted again within two years.

Wilson said SB 5495 is not intended to attack recyclers and other industry-related companies. The bill is supposed to protect public safety and property. People have been threatened, attacked and even killed over catalytic converter theft.

“This bill is not going to stop catalytic converter thefts,” he said. “But … it sends a message that we now are going to act, no more putting it off.”

Brad Tower, a Schnitzer Steel Industries lobbyist, testified in opposition to the bill. He said having identification on hand for scrap yards to aid in WSP identifying stolen property is a better method of catching thieves. Rather than deter thieves from scrap yards, people should invite them, he said.

Ernsforff said Washington is the perfect setting for catalytic converter fever. This is a low-level crime for thieves with an endless amount of targets, he said, and if an arrest does occur, the individual is usually back on the street in a day or two.

He said on the supply side of the crime, there are big returns with little risk. Thieves are making enough from these thefts to buy exotic cars. Current regulations in place have proven to be ineffective.

“Dry up the demand for stolen catalytic converters, and you dry up the thefts overnight,” Ernsforff said.

Holly Chisa, an Institute of Scrap Recycling Industries PNW Chapter lobbyist, testified in opposition to SB 5495. She said the proposed regulations create a higher standard than the law already requires businesses to uphold, which could significantly hinder their operation and sales.

She said online sellers would not be held to the same standards as scrap metal businesses, leaving another avenue for the theft to continue. The state House’s solution would address this loophole by having the part’s identification on file, she said.

Other testimonies called for more work on the bill to add preventive measures.