Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0124.01 Richard Sweetman x4333
SENATE BILL 22-009
Senate Committees House Committees
Transportation & Energy
Appropriations
A BILL FOR AN ACT
C
ONCERNING CATALYTIC CONVERTERS , AND, IN CONNECTION101
THEREWITH,
ENACTING MEASURES TO ADDRESS THE THEFT102
OF CATALYTIC CONVERTERS .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill requires the air quality control commission in
the department of public health and environment to promulgate rules
establishing:
! Evaluation procedures for aftermarket catalytic converters;
and
SENATE
3rd Reading Unamended
March 9, 2022
SENATE
Amended 2nd Reading
March 8, 2022
SENATE SPONSORSHIP
Ginal and Hisey, Liston, Bridges, Buckner, Coram, Danielson, Fenberg, Fields, Gardner,
Hansen, Hinrichsen, Holbert, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Priola, Rankin,
Simpson, Smallwood, Story, Winter, Zenzinger
HOUSE SPONSORSHIP
Bird and Benavidez, Bockenfeld
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Procedures for the division of administration in the
department of public health and environment (division) to
use to certify aftermarket catalytic converters for
installation and sale.
Section 2 states that on and after October 31, 2022, it is unlawful
to install, sell, offer for sale, or advertise any used, recycled, or salvaged
catalytic converter unless the catalytic converter is an aftermarket
catalytic converter that has been certified for installation and sale by the
division.
For the purposes of regulating purchases of commodity metals and
the commodities metals theft task force, section 3 amends the definition
of "commodity metal" to include rhodium, palladium, or platinum-clad
components of a catalytic converter. For the purposes of the existing
criminal statute prohibiting the operation of motor vehicle chop shops,
section 4 adds catalytic converters to the definition of "major component
motor vehicle part". Section 5 requires each auto parts recycler to consult
the national motor vehicle title information system for each catalytic
converter that the auto parts recycler acquires from the recycling of a
motor vehicle in order to determine whether the catalytic converter is
stolen.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-13-111, amend
2
(1)(a), (1)(b) introductory portion, (1)(c), (1)(d), (1.3)(a) introductory3
portion, (1.3)(a)(I), (1.3)(a)(III), (1.3)(b), (1.5), (2), (4), (8) introductory4
portion, (8)(b.5), (8)(d), (9)(c), (10)(a)(I), (10)(a)(III), and (10)(b);5
amend as it exists until March 1, 2022, (5); and add (8)(b.3) as follows:6
18-13-111. Purchases of commodity metals or catalytic7
converters - violations - commodity metals theft task force - creation8
- composition - reports - legislative declaration - definitions - repeal.9
(1) (a) Except as otherwise provided in subsection (3) of this section,10
every owner, keeper, or proprietor of a junk shop, junk store, salvage11
yard, or junk cart or other vehicle and every collector of or dealer in junk,12
salvage, or other secondhand property shall keep a book or register13
detailing all transactions involving commodity metals
OR CATALYTIC
14
009-2- CONVERTERS.1
(b) The owner, keeper, proprietor, collector, or dealer shall record2
the identification of a seller of commodity metals
OR CATALYTIC
3
CONVERTERS in the book or register and the method by which the seller4
verified his or her THE SELLER'S identity. The seller shall verify his or her5
THE SELLER'S identity by one of the following:6
(c) The owner, keeper, proprietor, collector, or dealer shall require7
the seller of a commodity metal
OR CATALYTIC CONVERTER to provide for
8
the book or register:9
(I) A signed affidavit, sworn and affirmed under penalty of law,10
that the seller is the owner of the commodity metal
OR CATALYTIC
11
CONVERTER or is otherwise entitled to sell the commodity metal OR12
CATALYTIC CONVERTER . The owner, keeper, proprietor, collector, or13
dealer shall provide the affidavit form to the seller.14
(II) The license plate number and description of the vehicle or15
conveyance, if any, in which the commodity metal
OR CATALYTIC
16
CONVERTER was delivered.17
(d) The owner, keeper, proprietor, collector, or dealer shall18
include the following in the book or register:19
(I) The date and place of each purchase of the commodity metal20
OR CATALYTIC CONVERTER ; and21
(II) The description and quantity of the commodity metal
OR
22
CATALYTIC CONVERTER purchased.23
(1.3) (a) A purchaser of commodity metals
OR CATALYTIC
24
CONVERTERS shall:25
(I) Sign up with the scrap theft alert system maintained by the26
Institute of Scrap Recycling Industries, Incorporated, or its successor27
009
-3- organization, to receive alerts regarding thefts of commodity metals OR1
CATALYTIC CONVERTERS in the purchaser's geographic area;2
(III) Use the alerts to identify potentially stolen commodity metals3
OR CATALYTIC CONVERTERS, including training the purchaser's employees4
to use the alerts during the purchaser's daily operations.5
(b) A purchaser of commodity metals
OR CATALYTIC CONVERTERS
6
shall maintain for ninety days copies of any theft alerts received and7
downloaded pursuant to paragraph (a) of this subsection (1.3)8
SUBSECTION (1.3)(a) OF THIS SECTION. A purchaser shall also maintain9
documentation that the purchaser educates employees about, and provides10
to employees, scrap theft alerts.11
(1.5) (a) An owner, keeper, proprietor, collector, or dealer is12
permitted to pay a seller in cash for any commodity metals METAL OR13
CATALYTIC CONVERTER transaction of three hundred dollars or less.14
(b) If the transaction costs more than three hundred dollars, the15
owner, keeper, proprietor, collector, or dealer shall pay the seller of a16
commodity metal
OR CATALYTIC CONVERTER by check unless the seller
17
is paid by means of any process in which a picture of the seller is taken18
when the money is paid.19
(2) Except as otherwise provided in subsection (3) of this section,20
the owner, keeper, proprietor, collector, or dealer of any commodity metal21
OR CATALYTIC CONVERTER shall make a digital photographic record,22
video record, or other record that identifies the seller and the commodity23
metal
OR CATALYTIC CONVERTER that the seller is selling. The digital
24
photographic record, video record, or other record format shall be25
retained for one hundred eighty days, and the owner shall permit a law26
enforcement officer to make inspections of the record.27
009
-4- (4) The information entered in the book or register, as provided1
in subsection (1) of this section, need not be kept for a period longer than2
three years after the date of purchase of the commodity metal
OR
3
CATALYTIC CONVERTER.4
(5) A person who violates subsection (1) of this section by failing5
to keep a book or register, any person who knowingly gives false6
information with respect to the information required to be maintained in7
the book or register provided for in subsection (1) of this section, and any8
person who violates subsection (1.3), (1.5), or (2) of this section commits:9
(a) A class 2 misdemeanor if the value of the commodity metal
OR
10
CATALYTIC CONVERTER involved is less than five hundred dollars; or11
(b) A class 1 misdemeanor if the value of the commodity metal
OR
12
CATALYTIC CONVERTER involved is five hundred dollars or more.13
(8) For the purposes of AS USED IN this section, unless the context14
otherwise requires:15
(b.3) "C
ATALYTIC CONVERTER " MEANS A POST-COMBUSTION
16
DEVICE THAT:17
(I) O
XIDIZES HYDROCARBONS AND CARBON MONOXIDE GASES OR
18
REDUCES OXIDES OF NITROGEN; AND19
(II) I
S DESIGNED OR INTENDED FOR USE AS PART OF AN EMISSION
20
CONTROL SYSTEM.21
(b.5) "Commodity metal" means copper; a copper alloy, including22
SUCH AS bronze or brass; or aluminum. "Commodity metal" does not23
include precious metals, such as gold, silver, or platinum.24
(d) "Dealer" means any person, business, or entity that buys, sells,25
or distributes, for the purpose of recycling, any commodity metal
OR
26
CATALYTIC CONVERTER on a wholesale basis.27
009
-5- (9) (c) The task force shall hold its first meeting no later than July1
1, 2011. At the first meeting, the task force shall discuss the best way to2
distribute and use information related to theft of scrap metals, including3
whether and how to promote use by law enforcement agencies of the4
scrap theft alert system maintained by the institute of scrap recycling5
industries, incorporated, or its successor organization. Thereafter, the task6
force shall meet on a regular basis, convening at least every October, to7
discuss issues related to theft of commodity metals
OR CATALYTIC
8
CONVERTERS, including sharing relevant information on theft of scrap9
metal, identifying ways in which Colorado's laws regulating commodity10
metals METAL AND CATALYTIC CONVERTER purchases can be improved to11
reduce theft, and reviewing any performance problems or communication12
issues. The task force is specifically directed to consider:13
(I) Possible policies or practices to aid in tracking or apprehending14
stolen commodity metals
OR CATALYTIC CONVERTERS prior to the point
15
of sale in order to assist law enforcement personnel in theft prevention16
and recovery of stolen materials;17
(II) Recommendations regarding when and how a commodity18
metals METAL OR CATALYTIC CONVERTER purchaser should be required19
to apprise local law enforcement authorities if a purchased commodity20
metal
OR CATALYTIC CONVERTER is a potential match of a commodity
21
metal
OR CATALYTIC CONVERTER reported stolen in the scrap theft alert
22
system; and23
(III) The creation and attributes of a civil penalty process for24
egregious and repeat violators of the record-keeping requirements of this25
section.26
(10) (a) The general assembly hereby finds, determines, and27
009
-6- declares that:1
(I) Thefts of commodity metals
AND CATALYTIC CONVERTERS
2
jeopardize the safety and welfare of the public, financially burden3
taxpayers and industry, and exhaust law enforcement resources;4
(III) The regulation of commodity metal
OR CATALYTIC
5
CONVERTER purchases is a matter of statewide concern.6
(b) In order to continue the ability of the state to identify causes7
of commodity metal
AND CATALYTIC CONVERTER theft and provide
8
realistic solutions to the theft problem, the general assembly encourages9
law enforcement authorities in the state to join the scrap theft alert system10
maintained by the Institute of Scrap Recycling Industries, Incorporated,11
or its successor organization, and to report thefts of commodity metals12
AND CATALYTIC CONVERTERS occurring within their jurisdictions to this13
system. The general assembly also encourages commercial stakeholders14
affected by commodity metals METAL AND CATALYTIC CONVERTER theft15
to sign up for and participate in the scrap theft alert system. 16
17
SECTION 2. In Colorado Revised Statutes, 18-4-420, amend18
(5)(b)(XV) and (5)(b)(XVI); and add (5)(b)(XVII) as follows:19
18-4-420. Chop shop activity - ownership or operation of a20
chop shop - altered or removed identification number - penalties -21
definitions. (5) As used in this section, unless the context otherwise22
requires:23
(b) "Major component motor vehicle part" means any of the24
following parts of a motor vehicle:25
(XV) A wheel or tire; or26
(XVI) Any other part of a motor vehicle that is comparable in27
009
-7- design or function to any of the parts that have been listed, or that have1
been labeled with a unique traceable identification number, by the2
manufacturer of the motor vehicle or part. A CATALYTIC CONVERTER; OR3
(XVII) A
NY OTHER PART OF A MOTOR VEHICLE THAT IS4
COMPARABLE IN DESIGN OR FUNCTION TO ANY OF THE PARTS THAT HAVE5
BEEN LISTED, OR THAT HAVE BEEN LABELED WITH A UNIQUE TRACEABLE6
IDENTIFICATION NUMBER, BY THE MANUFACTURER OF THE MOTOR VEHICLE7
OR PART.8
SECTION 3.
In Colorado Revised Statutes, add 42-4-2205 as9
follows:10
42-4-2205. Catalytic converters - checks for stolen materials11
required. A
NY PERSON THAT ACQUIRES FIVE OR MORE VEHICLES WITHIN
12
ANY TWELVE-MONTH PERIOD FOR THE PURPOSE OF DISMANTLING ,13
WRECKING, SHREDDING, COMPACTING, CRUSHING, OR OTHERWISE14
DESTROYING VEHICLES FOR RECLAIMABLE PARTS OR SCRAP METALS ,15
INCLUDING CATALYTIC CONVERTERS , SHALL REPORT ALL SUCH VEHICLES16
TO THE NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM WITHIN17
FIVE DAYS AFTER ACQUIRING THE VEHICLES TO ENSURE THAT THE18
VEHICLES ARE NOT STOLEN.19
SECTION 4. Safety clause. The general assembly hereby finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety.22
009
-8-