SENATE BILL 22-009
BY SENATOR(S) Ginal and Hisey, Liston, Bridges, Buckner, Coram,
Danielson, Fields, Gardner, Hansen, Hinrichsen, Holbert, Jaquez Lewis,
Kolker, Lee, Moreno, Pettersen, Priola, Rankin, Simpson, Smallwood,
Story, Winter, Zenzinger, Fenberg;
also REPRESENTATIVE(S) Bird and Benavidez, Bockenfeld, Bacon,
Bernett, Boesenecker, Caraveo, Cutter, Duran, Gray, Herod, Lindsay,
Lontine, McCluskie, Michaelson Jenet, Mullica, Ortiz, Pico, Roberts,
Snyder, Titone, Valdez D., Daugherty.
C
ONCERNING CATALYTIC CONVERTERS , AND, IN CONNECTION THEREWITH,
ENACTING MEASURES TO ADDRESS THE THEFT OF CATALYTIC
CONVERTERS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 18-13-111, amend
(1)(a), (1)(b) introductory portion, (1)(b)(II), (1)(b)(IV), (1)(b)(VI), (1)(c),
(1)(d), (1.3)(a) introductory portion, (1.3)(a)(I), (1.3)(a)(III), (1.3)(b), (1.5),
(2), (4), (8) introductory portion, (8)(b.5), (8)(d), (9)(c), (10)(a)(I),
(10)(a)(III), and (10)(b); amend as it exists until March 1, 2022, (5); and
add (8)(f) and (11) as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 18-13-111. Purchases of commodity metals or detached catalytic
converters - violations - commodity metals theft task force - creation -
composition - reports - legislative declaration - definitions - repeal.
(1) (a) Except as otherwise provided in subsection (3) of this section, every
owner, keeper, or proprietor of a junk shop, junk store, salvage yard, or junk
cart or other vehicle and every collector of or dealer in junk, salvage, or
other secondhand property shall keep a book or register detailing all
transactions involving commodity metals
OR DETACHED CATALYTIC
CONVERTERS
.
(b) The owner, keeper, proprietor, collector, or dealer shall record
the identification of a seller of commodity metals
OR DETACHED CATALYTIC
CONVERTERS
in the book or register and the method by which the seller
verified his or her
THE SELLER'S identity. The seller shall verify his or her
THE SELLER'S identity by one of the following:
(II) An A VALID identification card issued in accordance with
section 42-2-302; C.R.S.;
(IV) A VALID military identification card;
(VI) An A VALID alien registration card.
(c) The owner, keeper, proprietor, collector, or dealer shall require
the seller of a commodity metal
OR DETACHED CATALYTIC CONVERTER to
provide for the book or register:
(I) A signed affidavit, sworn and affirmed under penalty of law, that
the seller is the owner of the commodity metal
OR DETACHED CATALYTIC
CONVERTER
or is otherwise entitled to sell the commodity metal OR
DETACHED CATALYTIC CONVERTER
. The owner, keeper, proprietor,
collector, or dealer shall provide the affidavit form to the seller.
(II) The license plate number and description of the vehicle or
conveyance, if any, in which the commodity metal
OR DETACHED
CATALYTIC CONVERTER
was delivered.
(d) The owner, keeper, proprietor, collector, or dealer shall include
the following in the book or register:
PAGE 2-SENATE BILL 22-009 (I) The date and place of each purchase of the commodity metal OR
DETACHED CATALYTIC CONVERTER
; and
(II) The description and quantity of the commodity metal
OR
DETACHED CATALYTIC CONVERTER
purchased.
(1.3) (a) A purchaser of commodity metals
OR DETACHED
CATALYTIC CONVERTERS
shall:
(I) Sign up with the scrap theft alert system maintained by the
Institute of Scrap Recycling Industries, Incorporated, or its successor
organization, to receive alerts regarding thefts of commodity metals
OR
DETACHED CATALYTIC CONVERTERS
in the purchaser's geographic area;
(III) Use the alerts to identify potentially stolen commodity metals
OR DETACHED CATALYTIC CONVERTERS , including training the purchaser's
employees to use the alerts during the purchaser's daily operations.
(b) A purchaser of commodity metals
OR DETACHED CATALYTIC
CONVERTERS
shall maintain for ninety days copies of any theft alerts
received and downloaded pursuant to paragraph (a) of this subsection (1.3)
SUBSECTION (1.3)(a) OF THIS SECTION. A purchaser shall also maintain
documentation that the purchaser educates employees about, and provides
to employees, scrap theft alerts.
(1.5) (a) An owner, keeper, proprietor, collector, or dealer is
permitted to pay a seller in cash for any commodity metals
METAL OR
DETACHED CATALYTIC CONVERTER
transaction of three hundred dollars or
less.
(b) If the transaction costs more than three hundred dollars, the
owner, keeper, proprietor, collector, or dealer shall pay the seller of a
commodity metal
OR DETACHED CATALYTIC CONVERTER by check unless the
seller is paid by means of any process in which a picture of the seller is
taken when the money is paid.
(2) Except as otherwise provided in subsection (3) of this section,
the owner, keeper, proprietor, collector, or dealer of any commodity metal
OR DETACHED CATALYTIC CONVERTER shall make a digital photographic
record, video record, or other record that identifies the seller and the
PAGE 3-SENATE BILL 22-009 commodity metal OR DETACHED CATALYTIC CONVERTER that the seller is
selling. The digital photographic record, video record, or other record
format shall be retained for one hundred eighty days, and the owner shall
permit a law enforcement officer to make inspections of the record.
(4) The information entered in the book or register, as provided in
subsection (1) of this section, need not be kept for a period longer than three
years after the date of purchase of the commodity metal
OR DETACHED
CATALYTIC CONVERTER
.
(5) A person who violates subsection (1) of this section by failing
to keep a book or register, any person who knowingly gives false
information with respect to the information required to be maintained in the
book or register provided for in subsection (1) of this section, and any
person who violates subsection (1.3), (1.5), or (2) of this section commits:
(a) A class 2 misdemeanor if the value of the commodity metal
OR
DETACHED CATALYTIC CONVERTER
involved is less than five hundred
dollars; or
(b) A class 1 misdemeanor if the value of the commodity metal
OR
DETACHED CATALYTIC CONVERTER
involved is five hundred dollars or more.
(8) For the purposes of
AS USED IN this section, unless the context
otherwise requires:
(b.5) "Commodity metal" means copper; a copper alloy, including
SUCH AS bronze or brass; or aluminum. "Commodity metal" does not
include precious metals, such as gold, silver, or platinum.
(d) "Dealer" means any person, business, or entity that buys, sells,
or distributes, for the purpose of recycling,
PROCESSING, OR SMELTING, any
commodity metal
OR DETACHED CATALYTIC CONVERTER on a wholesale
basis. F
OR THE PURPOSES OF THIS SUBSECTION (8)(d), A TRANSACTION
BETWEEN A DEALER AND A MOTOR VEHICLE DEALER IS NOT A WHOLESALE
SALE
.
(f) "D
ETACHED CATALYTIC CONVERTER " MEANS A
POST
-COMBUSTION DEVICE THAT:
PAGE 4-SENATE BILL 22-009 (I) OXIDIZES HYDROCARBONS AND CARBON MONOXIDE GASES OR
REDUCES OXIDES OF NITROGEN
;
(II) I
S DESIGNED OR INTENDED FOR USE AS PART OF AN EMISSION
CONTROL SYSTEM
; AND
(III) WAS PREVIOUSLY INSTALLED ON A MOTOR VEHICLE AND
SUBSEQUENTLY REMOVED
.
(9) (c) The task force shall hold its first meeting no later than July
1, 2011. At the first meeting, the task force shall discuss the best way to
distribute and use information related to theft of scrap metals, including
whether and how to promote use by law enforcement agencies of the scrap
theft alert system maintained by the institute of scrap recycling industries,
incorporated, or its successor organization. Thereafter, the task force shall
meet on a regular basis, convening at least every October, to discuss issues
related to theft of commodity metals
OR DETACHED CATALYTIC
CONVERTERS
, including sharing relevant information on theft of scrap
metal, identifying ways in which Colorado's laws regulating commodity
metals METAL AND DETACHED CATALYTIC CONVERTER purchases can be
improved to reduce theft, and reviewing any performance problems or
communication issues. The task force is specifically directed to consider:
(I) Possible policies or practices to aid in tracking or apprehending
stolen commodity metals
OR DETACHED CATALYTIC CONVERTERS prior to
the point of sale in order to assist law enforcement personnel in theft
prevention and recovery of stolen materials;
(II) Recommendations regarding when and how a commodity metalsMETAL OR DETACHED CATALYTIC CONVERTER purchaser should be required
to apprise local law enforcement authorities if a purchased commodity
metal
OR DETACHED CATALYTIC CONVERTER is a potential match of a
commodity metal
OR DETACHED CATALYTIC CONVERTER reported stolen in
the scrap theft alert system; and
(III) The creation and attributes of a civil penalty process for
egregious and repeat violators of the record-keeping requirements of this
section.
(10) (a) The general assembly hereby finds, determines, and declares
PAGE 5-SENATE BILL 22-009 that:
(I) Thefts of commodity metals
AND DETACHED CATALYTIC
CONVERTERS
jeopardize the safety and welfare of the public, financially
burden taxpayers and industry, and exhaust law enforcement resources;
(III) The regulation of commodity metal
OR DETACHED CATALYTIC
CONVERTER
purchases is a matter of statewide concern.
(b) In order to continue the ability of the state to identify causes of
commodity metal
AND DETACHED CATALYTIC CONVERTER theft and provide
realistic solutions to the theft problem, the general assembly encourages law
enforcement authorities in the state to join the scrap theft alert system
maintained by the Institute of Scrap Recycling Industries, Incorporated, or
its successor organization, and to report thefts of commodity metals
AND
DETACHED CATALYTIC CONVERTERS
occurring within their jurisdictions to
this system. The general assembly also encourages commercial stakeholders
affected by commodity metals
METAL AND DETACHED CATALYTIC
CONVERTER
theft to sign up for and participate in the scrap theft alert
system.
(11) T
HIS SECTION DOES NOT APPLY TO DETACHED CATALYTIC
CONVERTERS ACQUIRED AS PART OF A WHOLE MOTOR VEHICLE TRANSACTION
IN WHICH AN AUTO PARTS RECYCLER
, AS DEFINED IN SECTION 42-4-2201 (1),
REPORTS THE MOTOR VEHICLE ACQUISITION INTO THE NATIONAL MOTOR
VEHICLE TITLE INFORMATION SYSTEM
, AS DESCRIBED IN 49 U.S.C. SEC.
30504.
SECTION 2. In Colorado Revised Statutes, 18-4-420, amend
(5)(b)(XV) and (5)(b)(XVI); and add (5)(b)(XVII) as follows:
18-4-420. Chop shop activity - ownership or operation of a chop
shop - altered or removed identification number - penalties -
definitions. (5) As used in this section, unless the context otherwise
requires:
(b) "Major component motor vehicle part" means any of the
following parts of a motor vehicle:
(XV) A wheel or tire; or
PAGE 6-SENATE BILL 22-009 (XVI) Any other part of a motor vehicle that is comparable in design
or function to any of the parts that have been listed, or that have been
labeled with a unique traceable identification number, by the manufacturer
of the motor vehicle or part. A CATALYTIC CONVERTER; OR
(XVII) ANY OTHER PART OF A MOTOR VEHICLE THAT IS COMPARABLE
IN DESIGN OR FUNCTION TO ANY OF THE PARTS THAT HAVE BEEN LISTED
, OR
THAT HAVE BEEN LABELED WITH A UNIQUE TRACEABLE IDENTIFICATION
NUMBER
.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 7-SENATE BILL 22-009 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 22-009