Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0124.01 Richard Sweetman x4333
SENATE BILL 22-009
Senate Committees House Committees
Transportation & Energy Energy & Environment
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
HOUSE
Amended 2nd Reading
April 11, 2022
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)(b)(II), (1)(b)(IV), (1)(b)(VI), (1)(c),3
(1)(d), (1.3)(a) introductory portion, (1.3)(a)(I), (1.3)(a)(III), (1.3)(b),4
(1.5), (2), (4), (8) introductory portion, (8)(b.5), (8)(d), (9)(c), (10)(a)(I),5
(10)(a)(III), and (10)(b); amend as it exists until March 1, 2022, (5);6
and add (8)(f) as follows:7
18-13-111. Purchases of commodity metals or detached8
catalytic converters - violations - commodity metals theft task force9
- creation - composition - reports - legislative declaration - definitions10
- repeal. (1) (a) Except as otherwise provided in subsection (3) of this11
section, every owner, keeper, or proprietor of a junk shop, junk store,12
salvage yard, or junk cart or other vehicle and every collector of or dealer13
in junk, salvage, or other secondhand property shall keep a book or14
009-2- register detailing all transactions involving commodity metals OR1
DETACHED CATALYTIC CONVERTERS .2
(b) The owner, keeper, proprietor, collector, or dealer shall record3
the identification of a seller of commodity metals
OR
DETACHED4
CATALYTIC CONVERTERS in the book or register and the method by which5
the seller verified his or her THE SELLER'S identity. The seller shall verify6
his or her THE SELLER'S identity by one of the following:7
(II) An A VALID identification card issued in accordance with8
section 42-2-302; C.R.S.;9
(IV) A VALID military identification card;10
(VI) An A VALID alien registration card.11
(c) The owner, keeper, proprietor, collector, or dealer shall require12
the seller of a commodity metal
OR
DETACHED CATALYTIC CONVERTER to13
provide for the book or register:14
(I) A signed affidavit, sworn and affirmed under penalty of law,15
that the seller is the owner of the commodity metal
OR
DETACHED16
CATALYTIC CONVERTER or is otherwise entitled to sell the commodity17
metal
OR
DETACHED CATALYTIC CONVERTER . The owner, keeper,18
proprietor, collector, or dealer shall provide the affidavit form to the19
seller.20
(II) The license plate number and description of the vehicle or21
conveyance, if any, in which the commodity metal
OR
DETACHED22
CATALYTIC CONVERTER was delivered.23
(d) The owner, keeper, proprietor, collector, or dealer shall24
include the following in the book or register:25
(I) The date and place of each purchase of the commodity metal26
OR DETACHED CATALYTIC CONVERTER ; and27
009
-3- (II) The description and quantity of the commodity metal OR1
DETACHED CATALYTIC CONVERTER purchased.2
(1.3) (a) A purchaser of commodity metals
OR
DETACHED3
CATALYTIC CONVERTERS shall:4
(I) Sign up with the scrap theft alert system maintained by the5
Institute of Scrap Recycling Industries, Incorporated, or its successor6
organization, to receive alerts regarding thefts of commodity metals
OR
7
DETACHED CATALYTIC CONVERTERS in the purchaser's geographic area;8
(III) Use the alerts to identify potentially stolen commodity metals9
OR DETACHED CATALYTIC CONVERTERS , including training the purchaser's10
employees to use the alerts during the purchaser's daily operations.11
(b) A purchaser of commodity metals
OR
DETACHED CATALYTIC12
CONVERTERS shall maintain for ninety days copies of any theft alerts13
received and downloaded pursuant to paragraph (a) of this subsection14
(1.3) SUBSECTION (1.3)(a) OF THIS SECTION. A purchaser shall also15
maintain documentation that the purchaser educates employees about, and16
provides to employees, scrap theft alerts.17
(1.5) (a) An owner, keeper, proprietor, collector, or dealer is18
permitted to pay a seller in cash for any commodity metals METAL OR19
DETACHED CATALYTIC CONVERTER transaction of three hundred dollars20
or less.21
(b) If the transaction costs more than three hundred dollars, the22
owner, keeper, proprietor, collector, or dealer shall pay the seller of a23
commodity metal
OR
DETACHED CATALYTIC CONVERTER by check unless24
the seller is paid by means of any process in which a picture of the seller25
is taken when the money is paid.26
(2) Except as otherwise provided in subsection (3) of this section,27
009
-4- the owner, keeper, proprietor, collector, or dealer of any commodity metal1
OR DETACHED CATALYTIC CONVERTER shall make a digital photographic2
record, video record, or other record that identifies the seller and the3
commodity metal
OR
DETACHED CATALYTIC CONVERTER that the seller is4
selling. The digital photographic record, video record, or other record5
format shall be retained for one hundred eighty days, and the owner shall6
permit a law enforcement officer to make inspections of the record.7
(4) The information entered in the book or register, as provided8
in subsection (1) of this section, need not be kept for a period longer than9
three years after the date of purchase of the commodity metal
OR
10
DETACHED CATALYTIC CONVERTER .11
(5) A person who violates subsection (1) of this section by failing12
to keep a book or register, any person who knowingly gives false13
information with respect to the information required to be maintained in14
the book or register provided for in subsection (1) of this section, and any15
person who violates subsection (1.3), (1.5), or (2) of this section commits:16
(a) A class 2 misdemeanor if the value of the commodity metal
OR
17
DETACHED CATALYTIC CONVERTER involved is less than five hundred18
dollars; or19
(b) A class 1 misdemeanor if the value of the commodity metal
OR
20
DETACHED CATALYTIC CONVERTER involved is five hundred dollars or21
more.22
(8) For the purposes of AS USED IN this section, unless the context23
otherwise requires:24
(f) "DETACHED CATALYTIC CONVERTER " MEANS A25
POST-COMBUSTION DEVICE THAT:26
(I) O
XIDIZES HYDROCARBONS AND CARBON MONOXIDE GASES OR
27
009
-5- REDUCES OXIDES OF NITROGEN; 1
(II) I
S DESIGNED OR INTENDED FOR USE AS PART OF AN EMISSION
2
CONTROL SYSTEM; AND3
(III) WAS PREVIOUSLY INSTALLED ON A MOTOR VEHICLE AND4
SUBSEQUENTLY REMOVED .5
(b.5) "Commodity metal" means copper; a copper alloy, including6
SUCH AS bronze or brass; or aluminum. "Commodity metal" does not7
include precious metals, such as gold, silver, or platinum.8
(d) "Dealer" means any person, business, or entity that buys, sells,9
or distributes, for the purpose of recycling, PROCESSING, OR SMELTING,10
any commodity metal
OR
DETACHED CATALYTIC CONVERTER on a11
wholesale basis. FOR THE PURPOSES OF THIS SUBSECTION (8)(d), A12
TRANSACTION BETWEEN A DEALER AND A MOTOR VEHICLE DEALER IS NOT13
A WHOLESALE SALE.14
(9) (c) The task force shall hold its first meeting no later than July15
1, 2011. At the first meeting, the task force shall discuss the best way to16
distribute and use information related to theft of scrap metals, including17
whether and how to promote use by law enforcement agencies of the18
scrap theft alert system maintained by the institute of scrap recycling19
industries, incorporated, or its successor organization. Thereafter, the task20
force shall meet on a regular basis, convening at least every October, to21
discuss issues related to theft of commodity metals
OR
DETACHED22
CATALYTIC CONVERTERS, including sharing relevant information on theft23
of scrap metal, identifying ways in which Colorado's laws regulating24
commodity metals METAL AND DETACHED CATALYTIC CONVERTER25
purchases can be improved to reduce theft, and reviewing any26
performance problems or communication issues. The task force is27
009
-6- specifically directed to consider:1
(I) Possible policies or practices to aid in tracking or apprehending2
stolen commodity metals
OR
DETACHED CATALYTIC CONVERTERS prior to3
the point of sale in order to assist law enforcement personnel in theft4
prevention and recovery of stolen materials;5
(II) Recommendations regarding when and how a commodity6
metals METAL OR DETACHED CATALYTIC CONVERTER purchaser should be7
required to apprise local law enforcement authorities if a purchased8
commodity metal
OR
DETACHED CATALYTIC CONVERTER is a potential9
match of a commodity metal
OR
DETACHED CATALYTIC CONVERTER10
reported stolen in the scrap theft alert system; and11
(III) The creation and attributes of a civil penalty process for12
egregious and repeat violators of the record-keeping requirements of this13
section.14
(10) (a) The general assembly hereby finds, determines, and15
declares that:16
(I) Thefts of commodity metals
AND
DETACHED CATALYTIC17
CONVERTERS jeopardize the safety and welfare of the public, financially18
burden taxpayers and industry, and exhaust law enforcement resources;19
(III) The regulation of commodity metal
OR
DETACHED CATALYTIC20
CONVERTER purchases is a matter of statewide concern.21
(b) In order to continue the ability of the state to identify causes22
of commodity metal
AND
DETACHED CATALYTIC CONVERTER theft and23
provide realistic solutions to the theft problem, the general assembly24
encourages law enforcement authorities in the state to join the scrap theft25
alert system maintained by the Institute of Scrap Recycling Industries,26
Incorporated, or its successor organization, and to report thefts of27
009
-7- commodity metals AND DETACHED CATALYTIC CONVERTERS occurring1
within their jurisdictions to this system. The general assembly also2
encourages commercial stakeholders affected by commodity metals3
METAL AND DETACHED CATALYTIC CONVERTER theft to sign up for and4
participate in the scrap theft alert system. 5
(11) THIS SECTION DOES NOT APPLY TO DETACHED CATALYTIC6
CONVERTERS ACQUIRED AS PART OF A WHOLE MOTOR VEHICLE7
TRANSACTION IN WHICH AN AUTO PARTS RECYCLER, AS DEFINED IN8
SECTION 42-4-2201 (1), REPORTS THE MOTOR VEHICLE ACQUISITION INTO9
THE NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM, AS10
DESCRIBED IN 49 U.S.C. SEC. 30504.11
12
SECTION 2. In Colorado Revised Statutes, 18-4-420, amend13
(5)(b)(XV) and (5)(b)(XVI); and add (5)(b)(XVII) as follows:14
18-4-420. Chop shop activity - ownership or operation of a15
chop shop - altered or removed identification number - penalties -16
definitions. (5) As used in this section, unless the context otherwise17
requires:18
(b) "Major component motor vehicle part" means any of the19
following parts of a motor vehicle:20
(XV) A wheel or tire; or21
(XVI) Any other part of a motor vehicle that is comparable in22
design or function to any of the parts that have been listed, or that have23
been labeled with a unique traceable identification number, by the24
manufacturer of the motor vehicle or part. A CATALYTIC CONVERTER; OR25
(XVII) A
NY OTHER PART OF A MOTOR VEHICLE THAT IS26
COMPARABLE IN DESIGN OR FUNCTION TO ANY OF THE PARTS THAT HAVE27
009
-8- BEEN LISTED, OR THAT HAVE BEEN LABELED WITH A UNIQUE TRACEABLE1
IDENTIFICATION NUMBER.2
SECTION 3. In Colorado Revised Statutes, add 42-4-318 as3
follows:4
42-4-318. Exception to enforcement in cases of catalytic5
converter theft - unavailability of replacement catalytic converter -6
repeal. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN7
INDIVIDUAL MAY TEMPORARILY OPERATE A MOTOR VEHICLE WITHOUT A8
CATALYTIC CONVERTER IF:9
(a) THE CATALYTIC CONVERTER HAS BEEN STOLEN FROM THE10
MOTOR VEHICLE;11
(b) THE OWNER OR OPERATOR OF THE MOTOR VEHICLE HAS12
REPORTED THE THEFT TO A LAW ENFORCEMENT AGENCY ;13
(c) THE OWNER OR OPERATOR OF THE MOTOR VEHICLE HAS MADE14
A REASONABLE EFFORT TO OBTAIN A REPLACEMENT CATALYTIC15
CONVERTER FOR THE VEHICLE, INCLUDING ORDERING A REPLACEMENT16
CATALYTIC CONVERTER; AND17
(d) WHEN THE MOTOR VEHICLE IS IN OPERATION, THE OPERATOR18
OF THE MOTOR VEHICLE POSSESSES RECEIPTS OR OTHER PAPERWORK19
DOCUMENTING THE ORDER FOR A REPLACEMENT CATALYTIC CONVERTER.20
(2) THE EXCEPTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION21
APPLIES SO ALONG AS A CATALYTIC CONVERTER REMAINS UNAVAILABLE22
TO THE OWNER OR OPERATOR OF A MOTOR VEHICLE .23
(3) THE SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.24
BEFORE THE REPEAL, THE EXCEPTION DESCRIBED IN SUBSECTION (1) OF25
THIS SECTION IS SUBJECT TO REVIEW BY THE DEPARTMENT OF26
REGULATORY AGENCIES PURSUANT TO SECTION 24-34-104.27
009
-9- SECTION 4. In Colorado Revised Statutes, 24-34-104, add1
(28)(a)(VII) as follows:2
24-34-104. General assembly review of regulatory agencies3
and functions for repeal, continuation, or reestablishment - legislative4
declaration - repeal. (28) (a) The following agencies, functions, or both,5
are scheduled for repeal on September 1, 2027:6
(VII) THE EXCEPTION DESCRIBED IN SECTION 42-4-3187
CONCERNING THE PERMISSIBLE USE OF A MOTOR VEHICLE FROM WHICH A8
CATALYTIC CONVERTER HAS BEEN STOLEN .9
SECTION 5. In Colorado Revised Statutes, add 42-4-318 as10
follows:11
42-4-318. Catalytic converter theft - use of after-market12
catalytic converters permitted. (1) NOTWITHSTANDING ANY OTHER13
PROVISION OF LAW, AN INDIVIDUAL MAY OPERATE A MOTOR VEHICLE WITH14
AN AFTER-MARKET CATALYTIC CONVERTER RATHER THAN AN ORIGINAL15
EQUIPMENT MANUFACTURER 'S CATALYTIC CONVERTER IF:16
(a) A CATALYTIC CONVERTER WAS STOLEN FROM THE MOTOR17
VEHICLE;18
(b) THE OWNER OR OPERATOR OF THE VEHICLE HAS REPORTED THE19
THEFT OF THE CATALYTIC CONVERTER TO A LAW ENFORCEMENT AGENCY;20
AND21
(c) THE VEHICLE EQUIPPED WITH THE AFTER-MARKET CATALYTIC22
CONVERTER PASSES ANY EMISSIONS TEST REQUIRED PURSUANT TO THIS23
PART 3.24
SECTION 6. Safety clause. The general assembly hereby finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety.27
009
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