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DENVER, CO - The House today passed bipartisan legislation, sponsored by Representative Cecelia Espenoza, to improve public safety by preventing scrap metal theft. HB26-1101 passed by a vote of 54-7.
“This legislation is aimed at protecting critical infrastructure materials which are located in housing, transportation and communication systems,” said Rep. Cecelia Espenoza, D-Denver. “When copper wire is stolen, critical systems that keep Colorado communities safe are compromised. Metal theft impacts everything from streetlights, cell phone connectivity, and rail lines threatening the safety of our communities. We’re building on our successful anti-catalytic converter theft law to keep critical infrastructure whole.”
HB26-1101 would put protections into the law around critical infrastructure, which would include any component of a commodity metal that is used in communication, transportation, housing or public utility infrastructure. Under the bill, dealers at junk yards and similar places where a dealer of junk, salvage or other secondhand property buys commodity metals are prohibited from possessing or unlawfully transferring materials if they know that the metal came from critical infrastructure.
If a transaction that includes a commodity metal from critical infrastructure is over $300, the dealers must pay by check. They must also keep records, including a picture or other identification of the seller. In order to legally possess this metal, dealers must obtain an affidavit from the seller stating that the seller is legally allowed to sell this metal. If a dealer comes into possession of these metals without written certification and later discovers that they were part of critical infrastructure, they must notify a law or municipal code enforcement agency by the end of the following business day.
The bill, also sponsored by Representative Matt Soper, R-Delta, was inspired by the Cell Phone Connectivity Interim Study Committee, which investigated cell phone connectivity issues in rural and historically underserved communities.