2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 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 the seller's identity. The seller shall verify the seller's identity by one of the following:
(I)
A valid Colorado driver's license;
(II)
A valid identification card issued in accordance with section
42-2-302
;
(III)
A valid driver's license from another state that contains a picture identification;
(IV)
A valid military identification card;
(V)
A valid United States passport; or
(VI)
A valid alien registration card.
(VII)
(Deleted by amendment, L. 2011, (HB 11-1130), ch. 330, p. 330, § 1, effective April 13, 2011.)
(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:
(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.
(e)
The book or register shall be made available to any peace officer for inspection at any reasonable time.
(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;
(II)
Download and maintain the scrap metal theft alerts generated by the scrap theft alert system;
(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 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 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 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.
(3)
The following transactions and materials are exempt from the requirements specified in subsections (1) and (2) of this section:
(a)
Any materials purchased from a regulated public utility or an original manufacturer of scrap or industrially generated scrap;
(b)
The purchase of recyclable food and beverage containers from any source; except that, for purposes of this exemption, a metal beer keg suitable for reuse shall not be considered a recyclable beverage container;
(c)
Any scrap that is involved in a transaction between dealers or governmental entities.
(d)
(Deleted by amendment, L. 2007, p. 759, §1, effective July 1, 2007.)
(e)
(Deleted by amendment, L. 2011, (HB 11-1130), ch. 330, p. 330, § 1, effective April 13, 2011.)
(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 petty offense if the amount is less than three hundred dollars;
(b)
A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;
(c)
A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;
(d)
A class 6 felony if the amount is two thousand dollars or more but less than five thousand dollars;
(e)
A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;
(f)
A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;
(g)
A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and
(h)
A class 2 felony if the amount is one million dollars or more.
(6)
There is a rebuttable presumption that metal purchased by a dealer for the purpose of recycling is a commodity metal if the commodity metal has a value of fifty cents per pound or greater for purposes of recycling the commodity metal.
(7)
This section shall not apply to a person or entity that does not provide remuneration for commodity metals collected in drop-off curbside containers or at materials recovery sites.
(8)
As used in this section, unless the context otherwise requires:
(a)
(Deleted by amendment, L. 2007, p. 759, § 1, effective July 1, 2007.)
(a.5)
"Applicable facility" means dealers, owners, keepers, or proprietors of a junk shop, junk store, salvage yard, or other secondhand property.
(b)
"Book or register" means any written or electronic record of transactions kept by any owner, keeper, proprietor, collector, or dealer, including sequentially numbered receipts containing the information required by subsection (1) of this section.
(b.5)
"Commodity metal" means copper; a copper alloy, such as bronze or brass; or aluminum. "Commodity metal" does not include precious metals, such as gold, silver, or platinum.
(c)
(Deleted by amendment, L. 2007, p. 759, § 1, effective July 1, 2007.)
(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. For the purposes of this subsection (8)(d), a transaction between a dealer and a motor vehicle dealer is not a wholesale sale.
(e)
(Deleted by amendment, L. 2011, (HB 11-1130), ch. 330, p. 330, § 1, effective April 13, 2011.)
(f)
"Detached catalytic converter" means a post-combustion device that:
(I)
Oxidizes hydrocarbons and carbon monoxide gases or reduces oxides of nitrogen;
(II)
Is 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)
(a)
There is hereby created the commodity metals theft task force, also referred to in this subsection (9) as the "task force".
(b)
The task force consists of the following ten persons or their designees:
(I)
The chief of the Colorado state patrol;
(II)
A sheriff appointed by a Colorado sheriffs' association;
(III)
A municipal police chief appointed by the Colorado association of chiefs of police;
(IV)
A contractor that uses commodity metals in construction;
(V)
A representative of a national trade association or other organization that represents commodity metals recyclers, such as the institute of scrap recycling industries, incorporated, or its successor organization or another entity representing comparable interests;
(VI)
A scrap metal dealer located in Colorado who is a member of the institute of scrap recycling industries, incorporated, or its successor organization;
(VII)
A representative of the Colorado municipal league, or its successor entity;
(VIII)
A representative of Colorado counties, incorporated, or its successor entity;
(IX)
A representative of a public utility that uses commodity metals; and
(X)
A representative of a railroad company that operates in Colorado.
(c)
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 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 metal 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.
(d)
A member of the task force, as designated by the task force, shall report annually to the judiciary committees of the house of representatives and the senate, or any successor committees, regarding the task force's meetings, findings, and recommendations.
(e)
Members of the task force shall not be compensated for, or reimbursed for expenses incurred in, attending meetings of the task force.
(f)
This subsection (9) is repealed, effective September 1, 2025. Before the repeal, the commodity metals theft task force, created pursuant to this subsection (9), shall be reviewed as provided in section
2-3-1203
, C.R.S.
(10)
(a)
The general assembly hereby finds, determines, and declares 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;
(II)
Such thefts impact every community in Colorado; and
(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 metal and detached catalytic converter theft to sign up for and participate in the scrap theft alert system.
(11)
This 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
.
(12)
(a)
The Colorado state patrol shall develop an assessment report for applicable facilities to identify the level of conformance with the provisions of subsections (1) to (4) of this section.
(b)
On or before July 1, 2023, and each July 1 thereafter, the Colorado state patrol shall distribute and make available an assessment report for all applicable facilities. The assessment report must encourage voluntary compliance and provide education to applicable facilities on the requirements of this section. If an applicable facility does not comply with the assessment reporting requirements described in this section, the Colorado state patrol may prompt a law enforcement inspection. The assessment report must include, at a minimum:
(I)
Applicable facility information, such as the type of facility, name, physical address, mailing address, business contact name, and contact information;
(II)
Purchases of commodity metals information, to include the type of book or register used, forms of seller identity verification, seller documentation used in the book or register, whether the book or register provides for the date and place of purchase, description and quantity and availability or actual inspection by a peace officer; and
(III)
Applicable facility recording of commodity metal transactions, to include the type of metal commodity transaction, use of and employee training on the scrap theft alert system, maintenance of scrap theft alerts, payment forms to seller, and form of records kept, including digital, photographic, video, or other records;
(c)
On or before August 1, 2023, and each August 1 thereafter, every applicable facility shall complete and submit the assessment report to the Colorado state patrol.
(d)
On or before December 1, 2023, and each December 1 thereafter, the Colorado state patrol shall provide a summary of the assessment reports to the task force and the task force shall consider the report at a meeting required by subsection (9)(c) of this section.
(13)
(a)
The Colorado state patrol shall develop an inspection form for use by state, county, and local authorities to use when inspecting applicable facilities to provide statewide documentation, consistent with the provisions in subsections (1) to (4) of this section. The inspection form must include elements contained in the assessment report, but may further provide information to be used in criminal investigations.
(b)
The Colorado state patrol shall provide standardized training for use by law enforcement agencies in conducting inspections. This training may be in person, via video, or using a written manual.
(c)
Upon completion of a law enforcement inspection, the law enforcement agency shall submit a copy of the inspection form to the Colorado state patrol within two weeks after completing the inspection.
(d)
The Colorado state patrol shall provide a summary report of all statewide inspections to the task force and the task force shall consider the report at a meeting required by subsection (9)(c) of this section.
Amended by 2022 Ch. 418, § 1, eff. 6/7/2022.
Amended by 2022 Ch. 417, § 1, eff. 7/6/2022.
Amended by 2021 Ch. 462, § 362, eff. 3/1/2022.
Amended by 2016 Ch. 74, § 1, eff. 4/12/2016.
L. 75: Entire section added, p. 641, § 1, effective June 20. L. 90: Entire section amended, p. 997, § 1, effective April 3. L. 2007: Entire section amended, p. 759, § 1, effective July 1. L. 2011: (1)(b)(V), (1)(b)(VI), (1)(b)(VII), (2), (3)(e), (5), (8)(b.5), and (8)(e) amended and (1.3), (1.5), (9), and (10) added, (HB 11 -1130), ch. 330, p. 330, § 1, effective April 13. L. 2016: (8)(b.5), (9)(f), and (10)(b) amended, (HB 16 -1182), ch. 195, p. 195, § 1, effective April 12. L. 2021: (5) amended, (SB 21-271), ch. 3214, p. 3214, § 362, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).