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HOUSE BILL 26-1101
BY REPRESENTATIVE(S) Espenoza and Soper, Gonzalez R., Marshall,
McCluskie;
also SENATOR(S) Lindstedt and Pelton B., Amabile, Frizell, Jodeh, Kipp,
Roberts, Simpson, Weissman, Coleman.
CONCERNING ADDING CRIMINAL OFFENSES RELATED TO CRITICAL
INFRASTRUCTURE COMPONENTS TO CRIMINAL OFFENSES INVOLVING
COMMODITY METALS.
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 )( c) introductory portion, (1 )( c )(I),
(l)(d)(I), (l)(d)(II), (l)(e), (l.3)(a) introductory portion, (1.3)(a)(I),
(l .3)(a)(III), (1.3)(b), (1.5)(a), (l .5)(b), (2), (3) introductory portion, (4), (5)
introductory portion, (5)(c), (5)(d), (6), (l0)(a)(II), and (lO)(a)(III); repeal
(5)( e ), (5)(f), (5)(g), (5)(h), and (8); and add (1.6), (3)(f), (5.5), (1 0)(a)(IV),
and (14) as follows:
18-13-111. Purchases of commodity metals, critical
infrastructure material, or detached catalytic-converters -violations -
creation -composition -reports -legislative declaration -definitions.
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.
(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, CRITICAL
INFRASTRUCTURE MATERIAL, or detached catalytic converters.
(b) The owner, keeper, proprietor, collector, or dealer shall record
the identification of a seller of commodity metals, CRITICAL
INFRASTRUCTURE MATERIALS, 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:
( c) The owner, keeper, proprietor, collector, or dealer shall require
the seller of a commodity metal, CRITICAL INFRASTRUCTURE MATERIAL, or
detached catalytic converter to provide for the book or register:
(I) A signed affidavit, sworn and affirmed under penalty oflaw, that
the seller is the owner of the commodity metal, CRITICAL INFRASTRUCTURE
MATERIAL, or detached catalytic converter or is otherwise entitled to sell the
commodity metal, CRITICAL INFRASTRUCTURE MATERIAL, or detached
catalytic converter. The owner, keeper, proprietor, collector, or dealer shall
provide the affidavit form to the seller.
( 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,
CRITICAL INFRASTRUCTURE MATERIAL, or detached catalytic converter; and
(II) The description and quantity of the commodity metal, CRITICAL
INFRASTRUCTURE MATERIAL, or detached catalytic converter purchased.
( e) The book or register shall be made available to any peace officer
A LAW ENFORCEMENT AGENCY OR MUNICIPAL CODE ENFORCEMENT AGENCY
for inspection at any reasonable time UPON REQUEST.
(1.3) (a) A purchaser of commodity metals, CRITICAL
INFRASTRUCTURE MATERIALS, or detached catalytic converters shall:
PAGE 2-H OUSE BILL 26-1101
(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,
CRITICAL INFRASTRUCTURE MATERIALS, or detached catalytic converters in
the purchaser's geographic area;
(III) Use the alerts to identify potentially stolen commodity metals,
CRITICAL INFRASTRUCTURE MATERIALS, 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, CRITICAL INFRASTRUCTURE
MATERIALS, or detached catalytic converters shall maintain for ninety days
copies of any theft alerts received and downloaded pursuant to subsection
(l .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, CRITICAL
INFRASTRUCTURE MATERIAL, or detached catalytic converter transaction of
three hundred dollars or less.
(b) If the transaction costs more than three hundred dollars OR
INVOLVES CRITICAL INFRASTRUCTURE MATERIAL THAT THE PAYING PARTY
KNOWS OR SHOULD HA VE KNOWN WAS PART OF CRITICAL INFRASTRUCTURE,
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. FOR THE PURPOSES OF THIS SUBSECTION ( l .5)(b ),
THE PAYING PARTY SHOULD HAVE KNOWN THE COMMODITY METALS WERE
PART OF CRITICAL INFRASTRUCTURE IF EVIDENCE EXISTS THAT THE
INSULATING CASING OF THE COMMODITY METAL WAS BURNED OR
SMOLDERED OFF.
(1.6) (a) AN OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER
WHO KNOWINGLY POSSESSES CRITICAL INFRASTRUCTURE MATERIAL IN
VIOLATION OF THIS SECTION COMMITS UNLAWFUL POSSESSION OF CRITICAL
INFRASTRUCTURE MATERIALS.
PAGE 3-HOUSE BILL 26-1101
(b) (I) AN OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER
WHO TAKES POSSESSION OF CRITICAL INFRASTRUCTURE MATERIAL AS PART
OF A LOAD OF OTHERWISE NONCRITICAL INFRASTRUCTURE MATERIALS WITH
AN AFFIDAVIT ST A TING THAT THE TRANSFEROR MAY LAWFULLY TRANSFER
THE NONCRITICAL INFRASTRUCTURE MATERIAL HAS A DUTY TO NOTIFY THE
APPROPRIATE LAW ENFORCEMENT AGENCY OR MUNICIPAL CODE
ENFORCEMENT AGENCY BY THE END OF THE NEXT BUSINESS DAY AFTER
DISCOVERING THE CRITICAL INFRASTRUCTURE MATERIALS. THE CRITICAL
INFRASTRUCTURE MATERIAL MUST BE SET ASIDE AND MUST NOT BE SOLD,
PENDING A DETERMINATION AS TO ITS LEGAL STATUS MADE BY A LAW
ENFORCEMENT AGENCY OR MUNICIPAL CODE ENFORCEMENT AGENCY.
(II) AN OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER DOES
NOT VIOLATE THIS SUBSECTION (1.6) IF THE OWNER, KEEPER, PROPRIETOR,
COLLECTOR, OR DEALER HAS AN AFFIDAVIT STATING THAT THE TRANSFEROR
MAY LAWFULLY TRANSFER THE CRITICAL INFRASTRUCTURE MATERIAL.
(III) AN OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER WHO
UNKNOWINGLY TAKES POSSESSION OF CRITICAL INFRASTRUCTURE MA TE RIAL
AS PART OF A LOAD OF OTHERWISE NONCRITICAL INFRASTRUCTURE
MATERIALS WITH AN AFFIDAVIT STATING THAT THE TRANSFEROR MAY
LAWFULLY TRANSFER THE NONCRITICAL INFRASTRUCTURE MATERIAL AND
KNOWINGLY DOES NOT NOTIFY THE APPROPRIATE LAW ENFORCEMENT
AGENCY OR MUNICIPAL CODE ENFORCEMENT AGENCY BY THE END OF THE
NEXT BUSINESS DAY AFTER BECOMING A WARE THEY ARE IN POSSESSION OF
CRITICAL INFRASTRUCTURE MATERIALS IN VIOLATION OF THIS SUBSECTION
(1.6)(b) COMMITS FAILURE TO REPORT STOLEN CRITICAL INFRASTRUCTURE
MATERIALS.
(2) Except as otherwise provided in subsection (3) of this section,
the owner, keeper, proprietor, collector, or dealer of any commodity metal,
CRITICAL INFRASTRUCTURE MATERIAL, or detached catalytic converter shall
make a digital photographic record, video record, or other record that
identifies the seller and the commodity metal, CRITICAL INFRASTRUCTURE
MATERIAL, 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 OR MUNICIPAL CODE ENFORCEMENT OFFICER to make
inspections of the record.
PAGE 4-HOUSE BILL 26-1101
(3) The following transactions and materials are exempt from the
requirements specified in subsections (1), (1.6), and (2) of this section:
(f) THE PURCHASE OF CRITICAL INFRASTRUCTURE MATERIALS WHEN
THE OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER HAS A WRITTEN
CONTRACT WITH THE ORIGINAL SOURCE COMPANY THAT CLAIMS AND
AFFIRMS THAT THE CRITICAL INFRASTRUCTURE MATERIAL BELONGS TO THE
OWNER, KEEPER, PROPRIETOR, COLLECTOR, OR DEALER.
(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, CRITICAL
INFRASTRUCTURE MATERIAL, or detached catalytic converter.
(5) A person who violates subsection (1) of this section by failing
to keep a book or register, any A 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 A
person who violates subsection ( 1.3 ), ( 1.5), or (2) of this section commits:
(c) A class 1 misdemeanor if the amount is one thousand dollars or
more but less than two thousand dollars; AND
( 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.
(5.5) (a) UNLAWFUL POSSESSION OF CRITICAL INFRASTRUCTURE
MATERIALS, AS DESCRIBED IN SUBSECTION (l.6)(a) OF THIS SECTION, IS:
PAGE 5-HOUSE BILL 26-1101
(I) A CLASS 2 MISDEMEANOR IF THE AMOUNT IS LESS THAN ONE
THOUSAND DOLLARS;
(II) A CLASS 1 MISDEMEANOR IF THE AMOUNT IS ONE THOUSAND
DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; AND
(III) A CLASS 6 FELONY IF THE AMOUNT IS TWO THOUSAND DOLLARS
OR MORE.
(b) FAILURE TO REPORT STOLEN CRITICAL INFRASTRUCTURE
MATERIALS, AS DESCRIBED IN SUBSECTION (l.6)(b) OF THIS SECTION, IS:
(I) A CLASS 2 MISDEMEANOR IF THE AMOUNT IS LESS THAN ONE
THOUSAND DOLLARS;
(II) A CLASS 1 MISDEMEANOR IF THE AMOUNT IS ONE THOUSAND
DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; AND
(III) A CLASS 6 FELONY IF THE AMOUNT IS TWO THOUSAND DOLLARS
OR MORE.
(6) There is a rcbuttablc presumption PERMISSIVE INFERENCE 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.
(8) As used in this section, unless the context other wise requires:
(a) (Deleted by amcndnrcnt, L. 2007, p. 759, § 1, effective July 1,
2007.)
(a.5) "Applicable facility" means dealers, owners, keepers, m
prnpdctms of a junk shop, junk stmc, salvage yard, m other secondhand
prnpcrty.
(b) "Book m register" means any written m clectrnnic rccmd of
transactions kept by any owner, keeper, prnpdctm, coHcctm, m dealer,
including sequentially numbered receipts containing the information
required by subsection (1) of this section.
PAGE 6-HOUSE BILL 26-1101
(b.5) "Commodity metal" means copper, a copper alloy, such as
bronze 01 brass, 01 aluminum. "Commodity metal" does not include
precious metals, such as gold, silver, 01 platinum.
(c) (Deleted by amendment, L. 2007, p. 759, § 1, effective July 1,
2007.)
(d) "Dealer" means any person, business, 01 entity that buys, sells,
m distributes, for the pmpose of recycling, processing, 01 smelting, any
commodity metal 01 detached catalytic converter on a wholesale basis. For
the pmposes 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, (IIB 11-1130), ch. 106, p. 330,
§ 1, effective April 13, 2011.)
(f) "Detached catalytic con~ erter" means a post-combustion device
that
(I) Oxidizes hydrocarbons and carbon monoxide gases 01 reduces
oxides of nitrogen,
(II) Is designed 01 intended for use as part of att emission control
system, and
(Ill) Was previously installed on a motor vehicle and subsequently
removed;
( 10) (a) The general assembly hereby finds, determines, and declares
that:
(II) Stteh THE thefts impact every community in Colorado; and
(III) The regulation of commodity metal or detached catalytic
converter purchases is a matter of statewide concern; AND
(IV) THEFTS OF COMMODITY METALS THAT MAKE UP CRITICAL
INFRASTRUCTURE MATERIALS REPRESENTS A SIGNIFICANT THREAT TO
COLORADO CITIZENS.
PAGE 7-HOUSE BILL 26-1101
(14) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "APPLICABLE FACILITY" MEANS A JUNK SHOP, JUNK STORE,
SALVAGE YARD, OR OTHER SECONDHAND PROPERTY OPERA TED BY A DEALER,
OWNER, KEEPER, OR PROPRJETOR.
(b) "BOOK OR REGISTER" MEANS ANY WRITTEN OR ELECTRONIC
RECORD OF TRANSACTIONS KEPT BY AN OWNER, KEEPER, PROPRIETOR,
COLLECTOR, OR DEALER, INCLUDING SEQUENTIALLY NUMBERED RECEIPTS
CONTAINING THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS
SECTION.
( c) "COMMODITY MET AL" MEANS COPPER; A COPPER ALLOY, SUCH AS
BRONZE OR BRASS; OR ALUMINUM. "COMMODITY MET AL" DOES NOT INCLUDE
PRECIOUS METALS, SUCH AS GOLD, SILVER, OR PLATINUM.
(d) "COVERED INFRASTRUCTURE" MEANS:
(I) COMMUNICATION INFRASTRUCTURE, INCLUDING FIBER-OPTIC
CABLES AND OTHER INFRASTRUCTURE USED FOR:
(A) INTERNET, INCLUDING BROADBAND INTERNET SERVICE;
(B) CABLE COMMUNICATIONS;
(C) WIRELESS COMMUNICATIONS;
(D) TELECOMMUNICATIONS; AND
(E) A PUBLIC SAFETY ANSWERING POINT, AS DEFINED IN SECTION
29-11-101;
(II) TRANSPORTATION INFRASTRUCTURE, INCLUDING
INFRASTRUCTURE USED FOR:
(A) LIGHT RAIL, AS DEFINED IN SECTION 29-35-103;
(B) PASSENGER RAIL;
PAGE 8-HOUSE BILL 26-1101
(C) FREIGHT RAIL;
(D) A PUBLIC ROADWAY SYSTEM; AND
(E) BRIDGES;
(III) HOUSING INFRASTRUCTURE;
(IV) AN ELECTRIC VEHICLE CHARGING STATION; AND
(V) PUBLIC UTILITY INFRASTRUCTURE.
( e) "CRITICAL INFRASTRUCTURE MATERIAL" MEANS ANY COMPONENT
OR PART USED IN COVERED INFRASTRUCTURE THAT IS MADE OF OR CONTAINS
A COMMODITY METAL, THE THEFT OF WHICH POSES AN IMMINENT THREAT TO
LIFE OR THE PHYSICAL SAFETY OF A PERSON, INCLUDING THROUGH SERIOUS
HARM TO THE BASIC SUPPLY OF COVERED INFRASTRUCTURE TO THE
POPULATION OR TO THE EXERCISE OF A CORE FUNCTION OF COVERED
INFRASTRUCTURE.
(t) "DEALER"MEANSANYPERSON,BUSINESS,ORENTITYTHATBUYS,
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 ( 14 )( t), A
TRANSACTION BETWEEN A DEALER AND A MOTOR VEHICLE DEALER IS NOT A
WHOLESALE SALE.
(g) "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
CONTROLSYSTEM;AND
(III) WAS PREVIOUSLY INSTALLED ON A MOTOR VEHICLE AND
SUBSEQUENTLY REMOVED.
SECTION 2. Applicability. This act applies to offenses committed
PAGE 9-HOUSE BILL 26-1101
on or after July 1, 2026.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
Jul~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ .
Vanessa Reilly ~
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
PAGE IO-HOUSE BILL 26-1101
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
)
DO