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Bill Detail: HB20-1337

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Title Automobile Recyclers Licensing Act
Status House Committee on Transportation & Local Government Postpone Indefinitely (05/27/2020)
Bill Subjects
  • Business & Economic Development
  • Natural Resources & Environment
House Sponsors J. Melton (D)
Senate Sponsors
House Committee Transportation and Local Government
Senate Committee
Date Introduced 03/02/2020
Description

The bill requires an automobile recycler (recycler) to have a
license if the recycler is buying more than 5 vehicles in one year to
recycle. In connection with this license requirement, the bill:
  • Requires that the license be renewed every 2 years to stay
current;
  • Sets qualifications for licensure, including being of good
moral character;
  • Requires fees for submitting an application, being issued a

license, or renewing a license;
  • Gives the director of the auto industry division (director)
enforcement authority;
  • To ensure the recycler has the appropriate permits, requires
the director to report certain items that are at the recycler's
business to the department of public health and
environment or the oil and gas conservation commission;
and
  • Gives the director rule-making authority.
The bill requires automobile recyclers to:
  • Keep permanent daily records of vehicles, equipment,
attachments, accessories, and appurtenances that are
transferred to or from the recycler;
  • Make records, vehicles, and parts available for inspection
by the director or a peace officer; and
  • Report each motor vehicle received by the recycler to the
national motor vehicle title information system.
The bill requires a person that transfers a vehicle, equipment,
attachment, accessory, or appurtenance to a recycler to record certain
information in the recycler's records. The following acts are made
unlawful:
  • Failing to obtain an automobile recycler's license if
required by the bill;
  • Intentionally making a material misstatement or omission
on a license application; and
  • Failing to comply with certain existing statutes, for the
purpose of imposing discipline on a licensee, including a
failure to comply with laws governing recyclers and laws
governing the disposal or recycling of fluids or materials.
In connection with discipline of the license holder, the bill:
  • Authorizes the director to issue or deny licenses, issue
cease-and-desist orders, seek a fine of up to $1,000, and
seek suspension or revocation of the license of an
automobile recycler; and
  • Authorizes the division to investigate potential violations,
including issuing subpoenas and summonses and procuring
criminal records.
Failing to obtain a license or engaging in automobile recycling
without an active license is a class 1 misdemeanor. The director may
promulgate rules to implement the bill. The bill is scheduled for repeal on
September 1, 2030. Before the repeal, the functions of the director in
regulating automobile recyclers are scheduled for review in accordance
with the sunset law.
A provision that sets standards, including holding a motor vehicle
for 7 days, for recyclers who are not licensed as motor vehicle dealers is
repealed.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (07/22/2020) (most recent)  
Additional Bill Documents Bill Documents
Including:
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  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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