Colorado 2022 Regular Session

Colorado Senate Bill SB009 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0124.01 Richard Sweetman x4333
1	8		SENATE BILL 22-009
2		-	BY SENATOR(S) Ginal and Hisey, Liston, Bridges, Buckner, Coram,
3		-	Danielson, Fields, Gardner, Hansen, Hinrichsen, Holbert, Jaquez Lewis,
4		-	Kolker, Lee, Moreno, Pettersen, Priola, Rankin, Simpson, Smallwood,
5		-	Story, Winter, Zenzinger, Fenberg;
6		-	also REPRESENTATIVE(S) Bird and Benavidez, Bockenfeld, Bacon,
7		-	Bernett, Boesenecker, Caraveo, Cutter, Duran, Gray, Herod, Lindsay,
8		-	Lontine, McCluskie, Michaelson Jenet, Mullica, Ortiz, Pico, Roberts,
9		-	Snyder, Titone, Valdez D., Daugherty.
	9	+	Senate Committees House Committees
	10	+	Transportation & Energy Energy & Environment
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING CATALYTIC CONVERTERS , AND, IN CONNECTION THEREWITH,
12		-	ENACTING MEASURES TO ADDRESS THE THEFT OF CATALYTIC
13		-	CONVERTERS
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
	14	+	ONCERNING CATALYTIC CONVERTERS , AND, IN CONNECTION101
	15	+	THEREWITH,
	16	+	ENACTING MEASURES TO ADDRESS THE THEFT102
	17	+	OF CATALYTIC CONVERTERS .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Section 1 of the bill requires the air quality control commission in
	26	+	the department of public health and environment to promulgate rules
	27	+	establishing:
	28	+	! Evaluation procedures for aftermarket catalytic converters;
	29	+	and
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 4, 2022
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	April 11, 2022
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	March 9, 2022
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	March 8, 2022
	42	+	SENATE SPONSORSHIP
	43	+	Ginal and Hisey, Liston, Bridges, Buckner, Coram, Danielson, Fenberg, Fields, Gardner,
	44	+	Hansen, Hinrichsen, Holbert, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Priola, Rankin,
	45	+	Simpson, Smallwood, Story, Winter, Zenzinger
	46	+	HOUSE SPONSORSHIP
	47	+	Bird and Benavidez, Bockenfeld, Bacon, Bernett, Boesenecker, Caraveo, Cutter, Duran,
	48	+	Gray, Herod, Lindsay, Lontine, McCluskie, Michaelson Jenet, Mullica, Ortiz, Pico, Roberts,
	49	+	Snyder, Titone, Valdez D.
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	52	+	Dashes through the words indicate deletions from existing statute. ! Procedures for the division of administration in the
	53	+	department of public health and environment (division) to
	54	+	use to certify aftermarket catalytic converters for
	55	+	installation and sale.
	56	+	Section 2 states that on and after October 31, 2022, it is unlawful
	57	+	to install, sell, offer for sale, or advertise any used, recycled, or salvaged
	58	+	catalytic converter unless the catalytic converter is an aftermarket
	59	+	catalytic converter that has been certified for installation and sale by the
	60	+	division.
	61	+	For the purposes of regulating purchases of commodity metals and
	62	+	the commodities metals theft task force, section 3 amends the definition
	63	+	of "commodity metal" to include rhodium, palladium, or platinum-clad
	64	+	components of a catalytic converter. For the purposes of the existing
	65	+	criminal statute prohibiting the operation of motor vehicle chop shops,
	66	+	section 4 adds catalytic converters to the definition of "major component
	67	+	motor vehicle part". Section 5 requires each auto parts recycler to consult
	68	+	the national motor vehicle title information system for each catalytic
	69	+	converter that the auto parts recycler acquires from the recycling of a
	70	+	motor vehicle in order to determine whether the catalytic converter is
	71	+	stolen.
	72	+	Be it enacted by the General Assembly of the State of Colorado:1
17	73		SECTION 1. In Colorado Revised Statutes, 18-13-111, amend
18		-	(1)(a), (1)(b) introductory portion, (1)(b)(II), (1)(b)(IV), (1)(b)(VI), (1)(c),
19		-	(1)(d), (1.3)(a) introductory portion, (1.3)(a)(I), (1.3)(a)(III), (1.3)(b), (1.5),
20		-	(2), (4), (8) introductory portion, (8)(b.5), (8)(d), (9)(c), (10)(a)(I),
21		-	(10)(a)(III), and (10)(b); amend as it exists until March 1, 2022, (5); and
22		-	add (8)(f) and (11) as follows:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. 18-13-111. Purchases of commodity metals or detached catalytic
31		-	converters - violations - commodity metals theft task force - creation -
32		-	composition - reports - legislative declaration - definitions - repeal.
33		-	(1) (a) Except as otherwise provided in subsection (3) of this section, every
34		-	owner, keeper, or proprietor of a junk shop, junk store, salvage yard, or junk
35		-	cart or other vehicle and every collector of or dealer in junk, salvage, or
36		-	other secondhand property shall keep a book or register detailing all
37		-	transactions involving commodity metals
38		-	OR DETACHED CATALYTIC
39		-	CONVERTERS
40		-	.
41		-	(b) The owner, keeper, proprietor, collector, or dealer shall record
	74	+	2
	75	+	(1)(a), (1)(b) introductory portion, (1)(b)(II), (1)(b)(IV), (1)(b)(VI), (1)(c),3
	76	+	(1)(d), (1.3)(a) introductory portion, (1.3)(a)(I), (1.3)(a)(III), (1.3)(b),4
	77	+	(1.5), (2), (4), (8) introductory portion, (8)(b.5), (8)(d), (9)(c), (10)(a)(I),5
	78	+	(10)(a)(III), and (10)(b); amend as it exists until March 1, 2022, (5);6
	79	+	and add (8)(f) as follows:7
	80	+	18-13-111. Purchases of commodity metals or detached8
	81	+	catalytic converters - violations - commodity metals theft task force9
	82	+	- creation - composition - reports - legislative declaration - definitions10
	83	+	- repeal. (1) (a) Except as otherwise provided in subsection (3) of this11
	84	+	section, every owner, keeper, or proprietor of a junk shop, junk store,12
	85	+	salvage yard, or junk cart or other vehicle and every collector of or dealer13
	86	+	in junk, salvage, or other secondhand property shall keep a book or14
	87	+	009-2- register detailing all transactions involving commodity metals OR1
	88	+	DETACHED CATALYTIC CONVERTERS .2
	89	+	(b) The owner, keeper, proprietor, collector, or dealer shall record3
42	90		the identification of a seller of commodity metals
43		-	OR DETACHED CATALYTIC
44		-	CONVERTERS
45		-	in the book or register and the method by which the seller
46		-	verified his or her
47		-	THE SELLER'S identity. The seller shall verify his or her
48		-	THE SELLER'S identity by one of the following:
49		-	(II) An A VALID identification card issued in accordance with
50		-	section 42-2-302; C.R.S.;
51		-	(IV) A VALID military identification card;
52		-	(VI) An A VALID alien registration card.
53		-	(c) The owner, keeper, proprietor, collector, or dealer shall require
	91	+	OR
	92	+	DETACHED4
	93	+	CATALYTIC CONVERTERS in the book or register and the method by which5
	94	+	the seller verified his or her THE SELLER'S identity. The seller shall verify6
	95	+	his or her THE SELLER'S identity by one of the following:7
	96	+	(II) An A VALID identification card issued in accordance with8
	97	+	section 42-2-302; C.R.S.;9
	98	+	(IV) A VALID military identification card;10
	99	+	(VI) An A VALID alien registration card.11
	100	+	(c) The owner, keeper, proprietor, collector, or dealer shall require12
54	101		the seller of a commodity metal
55		-	OR DETACHED CATALYTIC CONVERTER to
56		-	provide for the book or register:
57		-	(I) A signed affidavit, sworn and affirmed under penalty of law, that
58		-	the seller is the owner of the commodity metal
59		-	OR DETACHED CATALYTIC
60		-	CONVERTER
61		-	or is otherwise entitled to sell the commodity metal OR
62		-	DETACHED CATALYTIC CONVERTER
63		-	. The owner, keeper, proprietor,
64		-	collector, or dealer shall provide the affidavit form to the seller.
65		-	(II) The license plate number and description of the vehicle or
	102	+	OR
	103	+	DETACHED CATALYTIC CONVERTER to13
	104	+	provide for the book or register:14
	105	+	(I) A signed affidavit, sworn and affirmed under penalty of law,15
	106	+	that the seller is the owner of the commodity metal
	107	+	OR
	108	+	DETACHED16
	109	+	CATALYTIC CONVERTER or is otherwise entitled to sell the commodity17
	110	+	metal
	111	+	OR
	112	+	DETACHED CATALYTIC CONVERTER . The owner, keeper,18
	113	+	proprietor, collector, or dealer shall provide the affidavit form to the19
	114	+	seller.20
	115	+	(II) The license plate number and description of the vehicle or21
66	116		conveyance, if any, in which the commodity metal
67		-	OR DETACHED
68		-	CATALYTIC CONVERTER
69		-	was delivered.
70		-	(d) The owner, keeper, proprietor, collector, or dealer shall include
71		-	the following in the book or register:
72		-	PAGE 2-SENATE BILL 22-009 (I) The date and place of each purchase of the commodity metal OR
73		-	DETACHED CATALYTIC CONVERTER
74		-	; and
75		-	(II) The description and quantity of the commodity metal
76	117		OR
77		-	DETACHED CATALYTIC CONVERTER
78		-	purchased.
	118	+	DETACHED22
	119	+	CATALYTIC CONVERTER was delivered.23
	120	+	(d) The owner, keeper, proprietor, collector, or dealer shall24
	121	+	include the following in the book or register:25
	122	+	(I) The date and place of each purchase of the commodity metal26
	123	+	OR DETACHED CATALYTIC CONVERTER ; and27
	124	+	009
	125	+	-3- (II) The description and quantity of the commodity metal OR1
	126	+	DETACHED CATALYTIC CONVERTER purchased.2
79	127		(1.3) (a) A purchaser of commodity metals
80		-	OR ~~DETACHED~~
81		-	~~CATALYTIC CONVERTERS~~
82		-	shall:
83		-	(I) Sign up with the scrap theft alert system maintained by ~~the~~
84		-	Institute of Scrap Recycling Industries, Incorporated, or its ~~successor~~
	128	+	OR
	129	+	DETACHED3
	130	+	CATALYTIC CONVERTERS shall:4
	131	+	(I) Sign up with the scrap theft alert system maintained by the5
	132	+	Institute of Scrap Recycling Industries, Incorporated, or its successor6
85	133		organization, to receive alerts regarding thefts of commodity metals
86	134		OR
87		-	~~DETACHED CATALYTIC CONVERTERS~~
88		-	in the purchaser's geographic area;
89		-	(III) Use the alerts to identify potentially stolen commodity ~~metals~~
90		-	OR DETACHED CATALYTIC CONVERTERS , including training the purchaser's
91		-	employees to use the alerts during the purchaser's daily operations.
	135	+	7
	136	+	DETACHED CATALYTIC CONVERTERS in the purchaser's geographic area;8
	137	+	(III) Use the alerts to identify potentially stolen commodity metals9
	138	+	OR DETACHED CATALYTIC CONVERTERS , including training the purchaser's10
	139	+	employees to use the alerts during the purchaser's daily operations.11
92	140		(b) A purchaser of commodity metals
93		-	OR DETACHED CATALYTIC
94		-	CONVERTERS
95		-	shall maintain for ninety days copies of any theft alerts
96		-	received and downloaded pursuant to paragraph (a) of this subsection (1.3)
97		-	SUBSECTION (1.3)(a) OF THIS SECTION. A purchaser shall also maintain
98		-	documentation that the purchaser educates employees about, and provides
99		-	to employees, scrap theft alerts.
100		-	(1.5) (a) An owner, keeper, proprietor, collector, or dealer is
101		-	permitted to pay a seller in cash for any commodity metals
102		-	METAL OR
103		-	DETACHED CATALYTIC CONVERTER
104		-	transaction of three hundred dollars or
105		-	less.
106		-	(b) If the transaction costs more than three hundred dollars, the
107		-	owner, keeper, proprietor, collector, or dealer shall pay the seller of a
	141	+	OR
	142	+	DETACHED CATALYTIC12
	143	+	CONVERTERS shall maintain for ninety days copies of any theft alerts13
	144	+	received and downloaded pursuant to paragraph (a) of this subsection14
	145	+	(1.3) SUBSECTION (1.3)(a) OF THIS SECTION. A purchaser shall also15
	146	+	maintain documentation that the purchaser educates employees about, and16
	147	+	provides to employees, scrap theft alerts.17
	148	+	(1.5) (a) An owner, keeper, proprietor, collector, or dealer is18
	149	+	permitted to pay a seller in cash for any commodity metals METAL OR19
	150	+	DETACHED CATALYTIC CONVERTER transaction of three hundred dollars20
	151	+	or less.21
	152	+	(b) If the transaction costs more than three hundred dollars, the22
	153	+	owner, keeper, proprietor, collector, or dealer shall pay the seller of a23
108	154		commodity metal
109		-	OR DETACHED CATALYTIC CONVERTER by check unless the
110		-	seller is paid by means of any process in which a picture of the seller is
111		-	taken when the money is paid.
112		-	(2) Except as otherwise provided in subsection (3) of this section,
113		-	the owner, keeper, proprietor, collector, or dealer of any commodity metal
114		-	OR DETACHED CATALYTIC CONVERTER shall make a digital photographic
115		-	record, video record, or other record that identifies the seller and the
116		-	PAGE 3-SENATE BILL 22-009 commodity metal OR DETACHED CATALYTIC CONVERTER that the seller is
117		-	selling. The digital photographic record, video record, or other record
118		-	format shall be retained for one hundred eighty days, and the owner shall
119		-	permit a law enforcement officer to make inspections of the record.
120		-	(4) The information entered in the book or register, as provided in
121		-	subsection (1) of this section, need not be kept for a period longer than three
122		-	years after the date of purchase of the commodity metal
123		-	OR DETACHED
124		-	CATALYTIC CONVERTER
125		-	.
126		-	(5) A person who violates subsection (1) of this section by failing
127		-	to keep a book or register, any person who knowingly gives false
128		-	information with respect to the information required to be maintained in the
129		-	book or register provided for in subsection (1) of this section, and any
130		-	person who violates subsection (1.3), (1.5), or (2) of this section commits:
	155	+	OR
	156	+	DETACHED CATALYTIC CONVERTER by check unless24
	157	+	the seller is paid by means of any process in which a picture of the seller25
	158	+	is taken when the money is paid.26
	159	+	(2) Except as otherwise provided in subsection (3) of this section,27
	160	+	009
	161	+	-4- the owner, keeper, proprietor, collector, or dealer of any commodity metal1
	162	+	OR DETACHED CATALYTIC CONVERTER shall make a digital photographic2
	163	+	record, video record, or other record that identifies the seller and the3
	164	+	commodity metal
	165	+	OR
	166	+	DETACHED CATALYTIC CONVERTER that the seller is4
	167	+	selling. The digital photographic record, video record, or other record5
	168	+	format shall be retained for one hundred eighty days, and the owner shall6
	169	+	permit a law enforcement officer to make inspections of the record.7
	170	+	(4) The information entered in the book or register, as provided8
	171	+	in subsection (1) of this section, need not be kept for a period longer than9
	172	+	three years after the date of purchase of the commodity metal
	173	+	OR
	174	+	10
	175	+	DETACHED CATALYTIC CONVERTER .11
	176	+	(5) A person who violates subsection (1) of this section by failing12
	177	+	to keep a book or register, any person who knowingly gives false13
	178	+	information with respect to the information required to be maintained in14
	179	+	the book or register provided for in subsection (1) of this section, and any15
	180	+	person who violates subsection (1.3), (1.5), or (2) of this section commits:16
131	181		(a) A class 2 misdemeanor if the value of the commodity metal
132	182		OR
133		-	~~DETACHED CATALYTIC CONVERTER~~
134		-	involved is less than five ~~hundred~~
135		-	dollars; or
	183	+	17
	184	+	DETACHED CATALYTIC CONVERTER involved is less than five hundred18
	185	+	dollars; or19
136	186		(b) A class 1 misdemeanor if the value of the commodity metal
137	187		OR
138		-	DETACHED CATALYTIC CONVERTER
139		-	involved is five hundred dollars or more.
140		-	(8) For the purposes of
141		-	AS USED IN this section, unless the context
142		-	otherwise requires:
143		-	(b.5) "Commodity metal" means copper; a copper alloy, including
144		-	SUCH AS bronze or brass; or aluminum. "Commodity metal" does not
145		-	include precious metals, such as gold, silver, or platinum.
146		-	(d) "Dealer" means any person, business, or entity that buys, sells,
147		-	or distributes, for the purpose of recycling,
148		-	PROCESSING, OR SMELTING, any
149		-	commodity metal
150		-	OR DETACHED CATALYTIC CONVERTER on a wholesale
151		-	basis. F
152		-	OR THE PURPOSES OF THIS SUBSECTION (8)(d), A TRANSACTION
153		-	BETWEEN A DEALER AND A MOTOR VEHICLE DEALER IS NOT A WHOLESALE
154		-	SALE
155		-	.
156		-	(f) "D
157		-	ETACHED CATALYTIC CONVERTER " MEANS A
158		-	POST
159		-	-COMBUSTION DEVICE THAT:
160		-	PAGE 4-SENATE BILL 22-009 (I) OXIDIZES HYDROCARBONS AND CARBON MONOXIDE GASES OR
161		-	REDUCES OXIDES OF NITROGEN
162		-	;
	188	+	20
	189	+	DETACHED CATALYTIC CONVERTER involved is five hundred dollars or21
	190	+	more.22
	191	+	(8) For the purposes of AS USED IN this section, unless the context23
	192	+	otherwise requires:24
	193	+	(f) "DETACHED CATALYTIC CONVERTER " MEANS A25
	194	+	POST-COMBUSTION DEVICE THAT:26
	195	+	(I) O
	196	+	XIDIZES HYDROCARBONS AND CARBON MONOXIDE GASES OR
	197	+	27
	198	+	009
	199	+	-5- REDUCES OXIDES OF NITROGEN; 1
163	200		(II) I
164	201		S DESIGNED OR INTENDED FOR USE AS PART OF AN EMISSION
165		-	CONTROL SYSTEM
166		-	; AND
167		-	(III) WAS PREVIOUSLY INSTALLED ON A MOTOR VEHICLE AND
168		-	SUBSEQUENTLY REMOVED
169		-	.
170		-	(9) (c) The task force shall hold its first meeting no later than July
171		-	1, 2011. At the first meeting, the task force shall discuss the best way to
172		-	distribute and use information related to theft of scrap metals, including
173		-	whether and how to promote use by law enforcement agencies of the scrap
174		-	theft alert system maintained by the institute of scrap recycling industries,
175		-	incorporated, or its successor organization. Thereafter, the task force shall
176		-	meet on a regular basis, convening at least every October, to discuss issues
177		-	related to theft of commodity metals
178		-	OR DETACHED CATALYTIC
179		-	CONVERTERS
180		-	, including sharing relevant information on theft of scrap
181		-	metal, identifying ways in which Colorado's laws regulating commodity
182		-	metals METAL AND DETACHED CATALYTIC CONVERTER purchases can be
183		-	improved to reduce theft, and reviewing any performance problems or
184		-	communication issues. The task force is specifically directed to consider:
185		-	(I) Possible policies or practices to aid in tracking or apprehending
	202	+	2
	203	+	CONTROL SYSTEM; AND3
	204	+	(III) WAS PREVIOUSLY INSTALLED ON A MOTOR VEHICLE AND4
	205	+	SUBSEQUENTLY REMOVED .5
	206	+	(b.5) "Commodity metal" means copper; a copper alloy, including6
	207	+	SUCH AS bronze or brass; or aluminum. "Commodity metal" does not7
	208	+	include precious metals, such as gold, silver, or platinum.8
	209	+	(d) "Dealer" means any person, business, or entity that buys, sells,9
	210	+	or distributes, for the purpose of recycling, PROCESSING, OR SMELTING,10
	211	+	any commodity metal
	212	+	OR
	213	+	DETACHED CATALYTIC CONVERTER on a11
	214	+	wholesale basis. FOR THE PURPOSES OF THIS SUBSECTION (8)(d), A12
	215	+	TRANSACTION BETWEEN A DEALER AND A MOTOR VEHICLE DEALER IS NOT13
	216	+	A WHOLESALE SALE.14
	217	+	(9) (c) The task force shall hold its first meeting no later than July15
	218	+	1, 2011. At the first meeting, the task force shall discuss the best way to16
	219	+	distribute and use information related to theft of scrap metals, including17
	220	+	whether and how to promote use by law enforcement agencies of the18
	221	+	scrap theft alert system maintained by the institute of scrap recycling19
	222	+	industries, incorporated, or its successor organization. Thereafter, the task20
	223	+	force shall meet on a regular basis, convening at least every October, to21
	224	+	discuss issues related to theft of commodity metals
	225	+	OR
	226	+	DETACHED22
	227	+	CATALYTIC CONVERTERS, including sharing relevant information on theft23
	228	+	of scrap metal, identifying ways in which Colorado's laws regulating24
	229	+	commodity metals METAL AND DETACHED CATALYTIC CONVERTER25
	230	+	purchases can be improved to reduce theft, and reviewing any26
	231	+	performance problems or communication issues. The task force is27
	232	+	009
	233	+	-6- specifically directed to consider:1
	234	+	(I) Possible policies or practices to aid in tracking or apprehending2
186	235		stolen commodity metals
187		-	OR ~~DETACHED CATALYTIC CONVERTERS prior to~~
188		-	~~the point of sale in order to assist law enforcement personnel in theft~~
189		-	~~prevention and recovery~~ of ~~stolen materials;~~
190		-	~~(II) Recommendations regarding when~~ and ~~how a commodity metalsMETAL OR DETACHED CATALYTIC CONVERTER purchaser should be required~~
191		-	~~to apprise local law enforcement authorities if~~ a ~~purchased commodity~~
192		-	metal
193		-	~~OR DETACHED CATALYTIC CONVERTER is~~ a ~~potential match of a~~
	236	+	OR
	237	+	DETACHED CATALYTIC CONVERTERS prior to3
	238	+	the point of sale in order to assist law enforcement personnel in theft4
	239	+	prevention and recovery of stolen materials;5
	240	+	(II) Recommendations regarding when and how a commodity6
	241	+	metals METAL OR DETACHED CATALYTIC CONVERTER purchaser should be7
	242	+	required to apprise local law enforcement authorities if a purchased8
194	243		commodity metal
195		-	OR DETACHED CATALYTIC CONVERTER reported stolen in
196		-	the scrap theft alert system; and
197		-	(III) The creation and attributes of a civil penalty process for
198		-	egregious and repeat violators of the record-keeping requirements of this
199		-	section.
200		-	(10) (a) The general assembly hereby finds, determines, and declares
201		-	PAGE 5-SENATE BILL 22-009 that:
	244	+	OR
	245	+	DETACHED CATALYTIC CONVERTER is a potential9
	246	+	match of a commodity metal
	247	+	OR
	248	+	DETACHED CATALYTIC CONVERTER10
	249	+	reported stolen in the scrap theft alert system; and11
	250	+	(III) The creation and attributes of a civil penalty process for12
	251	+	egregious and repeat violators of the record-keeping requirements of this13
	252	+	section.14
	253	+	(10) (a) The general assembly hereby finds, determines, and15
	254	+	declares that:16
202	255		(I) Thefts of commodity metals
203		-	AND ~~DETACHED CATALYTIC~~
204		-	~~CONVERTERS~~
205		-	jeopardize the safety and welfare of the public, ~~financially~~
206		-	burden taxpayers and industry, and exhaust law enforcement resources;
	256	+	AND
	257	+	DETACHED CATALYTIC17
	258	+	CONVERTERS jeopardize the safety and welfare of the public, financially18
	259	+	burden taxpayers and industry, and exhaust law enforcement resources;19
207	260		(III) The regulation of commodity metal
208		-	OR DETACHED CATALYTIC
209		-	CONVERTER
210		-	purchases is a matter of statewide concern.
211		-	(b) In order to continue the ability of the state to identify causes of
212		-	commodity metal
213		-	AND DETACHED CATALYTIC CONVERTER theft and provide
214		-	realistic solutions to the theft problem, the general assembly encourages law
215		-	enforcement authorities in the state to join the scrap theft alert system
216		-	maintained by the Institute of Scrap Recycling Industries, Incorporated, or
217		-	its successor organization, and to report thefts of commodity metals
	261	+	OR
	262	+	DETACHED CATALYTIC20
	263	+	CONVERTER purchases is a matter of statewide concern.21
	264	+	(b) In order to continue the ability of the state to identify causes22
	265	+	of commodity metal
218	266		AND
219		-	DETACHED CATALYTIC CONVERTERS
220		-	occurring within their jurisdictions to
221		-	this system. The general assembly also encourages commercial stakeholders
222		-	affected by commodity metals
223		-	METAL AND DETACHED CATALYTIC
224		-	CONVERTER
225		-	theft to sign up for and participate in the scrap theft alert
226		-	system.
227		-	(11) T
228		-	HIS SECTION DOES NOT APPLY TO DETACHED CATALYTIC
229		-	CONVERTERS ACQUIRED AS PART OF A WHOLE MOTOR VEHICLE TRANSACTION
230		-	IN WHICH AN AUTO PARTS RECYCLER
231		-	, AS DEFINED IN SECTION 42-4-2201 (1),
232		-	REPORTS THE MOTOR VEHICLE ACQUISITION INTO THE NATIONAL MOTOR
233		-	VEHICLE TITLE INFORMATION SYSTEM
234		-	, AS DESCRIBED IN 49 U.S.C. SEC.
235		-	30504.
236		-	SECTION 2. In Colorado Revised Statutes, 18-4-420, amend
237		-	(5)(b)(XV) and (5)(b)(XVI); and add (5)(b)(XVII) as follows:
238		-	18-4-420. Chop shop activity - ownership or operation of a chop
239		-	shop - altered or removed identification number - penalties -
240		-	definitions. (5) As used in this section, unless the context otherwise
241		-	requires:
242		-	(b) "Major component motor vehicle part" means any of the
243		-	following parts of a motor vehicle:
244		-	(XV) A wheel or tire; or
245		-	PAGE 6-SENATE BILL 22-009 (XVI) Any other part of a motor vehicle that is comparable in design
246		-	or function to any of the parts that have been listed, or that have been
247		-	labeled with a unique traceable identification number, by the manufacturer
248		-	of the motor vehicle or part. A CATALYTIC CONVERTER; OR
249		-	(XVII) ANY OTHER PART OF A MOTOR VEHICLE THAT IS COMPARABLE
250		-	IN DESIGN OR FUNCTION TO ANY OF THE PARTS THAT HAVE BEEN LISTED
251		-	, OR
252		-	THAT HAVE BEEN LABELED WITH A UNIQUE TRACEABLE IDENTIFICATION
253		-	NUMBER
254		-	.
255		-	SECTION 3. Safety clause. The general assembly hereby finds,
256		-	PAGE 7-SENATE BILL 22-009 determines, and declares that this act is necessary for the immediate
257		-	preservation of the public peace, health, or safety.
258		-	____________________________ ____________________________
259		-	Steve Fenberg Alec Garnett
260		-	PRESIDENT OF SPEAKER OF THE HOUSE
261		-	THE SENATE OF REPRESENTATIVES
262		-	____________________________ ____________________________
263		-	Cindi L. Markwell Robin Jones
264		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
265		-	THE SENATE OF REPRESENTATIVES
266		-	APPROVED________________________________________
267		-	(Date and Time)
268		-	_________________________________________
269		-	Jared S. Polis
270		-	GOVERNOR OF THE STATE OF COLORADO
271		-	PAGE 8-SENATE BILL 22-009
	267	+	DETACHED CATALYTIC CONVERTER theft and23
	268	+	provide realistic solutions to the theft problem, the general assembly24
	269	+	encourages law enforcement authorities in the state to join the scrap theft25
	270	+	alert system maintained by the Institute of Scrap Recycling Industries,26
	271	+	Incorporated, or its successor organization, and to report thefts of27
	272	+	009
	273	+	-7- commodity metals AND DETACHED CATALYTIC CONVERTERS occurring1
	274	+	within their jurisdictions to this system. The general assembly also2
	275	+	encourages commercial stakeholders affected by commodity metals3
	276	+	METAL AND DETACHED CATALYTIC CONVERTER theft to sign up for and4
	277	+	participate in the scrap theft alert system. 5
	278	+	(11) THIS SECTION DOES NOT APPLY TO DETACHED CATALYTIC6
	279	+	CONVERTERS ACQUIRED AS PART OF A WHOLE MOTOR VEHICLE7
	280	+	TRANSACTION IN WHICH AN AUTO PARTS RECYCLER, AS DEFINED IN8
	281	+	SECTION 42-4-2201 (1), REPORTS THE MOTOR VEHICLE ACQUISITION INTO9
	282	+	THE NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM, AS10
	283	+	DESCRIBED IN 49 U.S.C. SEC. 30504.11
	284	+	12
	285	+	SECTION 2. In Colorado Revised Statutes, 18-4-420, amend13
	286	+	(5)(b)(XV) and (5)(b)(XVI); and add (5)(b)(XVII) as follows:14
	287	+	18-4-420. Chop shop activity - ownership or operation of a15
	288	+	chop shop - altered or removed identification number - penalties -16
	289	+	definitions. (5) As used in this section, unless the context otherwise17
	290	+	requires:18
	291	+	(b) "Major component motor vehicle part" means any of the19
	292	+	following parts of a motor vehicle:20
	293	+	(XV) A wheel or tire; or21
	294	+	(XVI) Any other part of a motor vehicle that is comparable in22
	295	+	design or function to any of the parts that have been listed, or that have23
	296	+	been labeled with a unique traceable identification number, by the24
	297	+	manufacturer of the motor vehicle or part. A CATALYTIC CONVERTER; OR25
	298	+	(XVII) A
	299	+	NY OTHER PART OF A MOTOR VEHICLE THAT IS26
	300	+	COMPARABLE IN DESIGN OR FUNCTION TO ANY OF THE PARTS THAT HAVE27
	301	+	009
	302	+	-8- BEEN LISTED, OR THAT HAVE BEEN LABELED WITH A UNIQUE TRACEABLE1
	303	+	IDENTIFICATION NUMBER.2
	304	+	SECTION 3. In Colorado Revised Statutes, add 42-4-318 as3
	305	+	follows:4
	306	+	42-4-318. Exception to enforcement in cases of catalytic5
	307	+	converter theft - unavailability of replacement catalytic converter -6
	308	+	repeal. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN7
	309	+	INDIVIDUAL MAY TEMPORARILY OPERATE A MOTOR VEHICLE WITHOUT A8
	310	+	CATALYTIC CONVERTER IF:9
	311	+	(a) THE CATALYTIC CONVERTER HAS BEEN STOLEN FROM THE10
	312	+	MOTOR VEHICLE;11
	313	+	(b) THE OWNER OR OPERATOR OF THE MOTOR VEHICLE HAS12
	314	+	REPORTED THE THEFT TO A LAW ENFORCEMENT AGENCY ;13
	315	+	(c) THE OWNER OR OPERATOR OF THE MOTOR VEHICLE HAS MADE14
	316	+	A REASONABLE EFFORT TO OBTAIN A REPLACEMENT CATALYTIC15
	317	+	CONVERTER FOR THE VEHICLE, INCLUDING ORDERING A REPLACEMENT16
	318	+	CATALYTIC CONVERTER; AND17
	319	+	(d) WHEN THE MOTOR VEHICLE IS IN OPERATION, THE OPERATOR18
	320	+	OF THE MOTOR VEHICLE POSSESSES RECEIPTS OR OTHER PAPERWORK19
	321	+	DOCUMENTING THE ORDER FOR A REPLACEMENT CATALYTIC CONVERTER.20
	322	+	(2) THE EXCEPTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION21
	323	+	APPLIES SO ALONG AS A CATALYTIC CONVERTER REMAINS UNAVAILABLE22
	324	+	TO THE OWNER OR OPERATOR OF A MOTOR VEHICLE .23
	325	+	(3) THE SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.24
	326	+	BEFORE THE REPEAL, THE EXCEPTION DESCRIBED IN SUBSECTION (1) OF25
	327	+	THIS SECTION IS SUBJECT TO REVIEW BY THE DEPARTMENT OF26
	328	+	REGULATORY AGENCIES PURSUANT TO SECTION 24-34-104.27
	329	+	009
	330	+	-9- SECTION 4. In Colorado Revised Statutes, 24-34-104, add1
	331	+	(28)(a)(VII) as follows:2
	332	+	24-34-104. General assembly review of regulatory agencies3
	333	+	and functions for repeal, continuation, or reestablishment - legislative4
	334	+	declaration - repeal. (28) (a) The following agencies, functions, or both,5
	335	+	are scheduled for repeal on September 1, 2027:6
	336	+	(VII) THE EXCEPTION DESCRIBED IN SECTION 42-4-3187
	337	+	CONCERNING THE PERMISSIBLE USE OF A MOTOR VEHICLE FROM WHICH A8
	338	+	CATALYTIC CONVERTER HAS BEEN STOLEN .9
	339	+	SECTION 5. In Colorado Revised Statutes, add 42-4-318 as10
	340	+	follows:11
	341	+	42-4-318. Catalytic converter theft - use of after-market12
	342	+	catalytic converters permitted. (1) NOTWITHSTANDING ANY OTHER13
	343	+	PROVISION OF LAW, AN INDIVIDUAL MAY OPERATE A MOTOR VEHICLE WITH14
	344	+	AN AFTER-MARKET CATALYTIC CONVERTER RATHER THAN AN ORIGINAL15
	345	+	EQUIPMENT MANUFACTURER 'S CATALYTIC CONVERTER IF:16
	346	+	(a) A CATALYTIC CONVERTER WAS STOLEN FROM THE MOTOR17
	347	+	VEHICLE;18
	348	+	(b) THE OWNER OR OPERATOR OF THE VEHICLE HAS REPORTED THE19
	349	+	THEFT OF THE CATALYTIC CONVERTER TO A LAW ENFORCEMENT AGENCY;20
	350	+	AND21
	351	+	(c) THE VEHICLE EQUIPPED WITH THE AFTER-MARKET CATALYTIC22
	352	+	CONVERTER PASSES ANY EMISSIONS TEST REQUIRED PURSUANT TO THIS23
	353	+	PART 3.24
	354	+	SECTION 6. Safety clause. The general assembly hereby finds,25
	355	+	determines, and declares that this act is necessary for the immediate26
	356	+	preservation of the public peace, health, or safety.27
	357	+	009
	358	+	-10-