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SB22-179

Deter Tampering Motor Vehicle Emission Control System

Concerning measures to address tampering with a motor vehicle's emission control system.
Session:
2022 Regular Session
Subjects:
Public Health
Transportation & Motor Vehicles
Bill Summary

Section 5 of the bill prohibits a person, on or after March 1, 2023 January 1, 2024 , from tampering with a motor vehicle's emission control system, conveying or offering to convey a motor vehicle with an emission control system that has been tampered with, or operating a motor vehicle with an emission control system that has been tampered with (anti-tampering provisions). Section 5 also:

  • On and after July 1, 2025, provides a "safe harbor" from enforcement of the anti-tampering provisions for a period up to one year for a person that self-reports noncompliance with the anti-tampering provisions;
  • Authorizes the air quality control commission to adopt rules as necessary to implement the anti-tampering provisions;
  • Exempts motorcycles from the anti-tampering provisions; and
  • Requires Authorizes the department of public health and environment, on or before January 1, 2024 2025 , and on or before January 1 of each year thereafter, to report to the committees that hear energy matters a summary of the complaints filed, enforcement actions taken, and penalties assessed for violations of the anti-tampering provisions.

Section 1 authorizes the attorney general to bring a civil action to enforce the anti-tampering provisions, and sections 3 and 4 establish penalties for the anti-tampering provisions. Section 3 requires penalties collected to be credited to the catalytic converter identification and theft prevention grant program cash fund (fund), which fund is created in section 2 and is to be used for the catalytic converter identification and theft prevention grant program created in House Bill 22-1217, if that bill becomes law. Sections 2 and 3 take effect only if House Bill 22-1217 becomes law. Alternatively, if House Bill 22-1217 does not become law, section 4 requires penalties collected to be credited to the AIR account in the highway users tax fund for the administration of the automobile inspection and readjustment program. Section 4 takes effect only if House Bill 22-1217 does not become law.Section 6 makes nonsubstantive changes to the definition of "motor vehicle".Section 7 extends the period during which a motor vehicle dealer remains liable to a consumer for a recently purchased motor vehicle's compliance with emissions standards from 3 business days after purchase to 7 5 business days after purchase.Section 8 authorizes the department of revenue to deny, suspend, or revoke a motor vehicle dealer's, wholesale motor vehicle auction dealer's, wholesaler's, buyer agent's, or used motor vehicle dealer's license for selling to a retail customer a motor vehicle that is not equipped with a properly functioning emission control system.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed

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