Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 25-37.5
    ARTICLE 37.5. DEALERS IN VALUABLE METALS

IC 25-37.5-1
     Chapter 1. Regulation of Valuable Metal Dealers by State Police

IC 25-37.5-1-0.1
"Automobile salvage rebuilder"
     Sec. 0.1. As used in this chapter, "automotive salvage rebuilder" has the meaning set forth in IC 9-13-2-9.
As added by P.L.224-2013, SEC.3.

IC 25-37.5-1-0.2
"Core buyer"
     Sec. 0.2. As used in this chapter, "core buyer" means a person engaged in the business of purchasing or acquiring small component motor vehicle parts for resale, including catalytic converters, automobile radiators, and batteries.
As added by P.L.158-2009, SEC.1.

IC 25-37.5-1-0.3
Repealed
    (Repealed by P.L.158-2009, SEC.9.)

IC 25-37.5-1-0.4
"Disposal facility"
     Sec. 0.4. As used in this chapter, "disposal facility" has the meaning set forth in IC 9-13-2-44.
As added by P.L.224-2013, SEC.4.

IC 25-37.5-1-0.5
"Metal bossie"
     Sec. 0.5. As used in this chapter, "metal bossie" means a metal four (4) wheel cart used to transport or sell food products that are stored in crates, shells, or trays.
As added by P.L.158-2009, SEC.2.

IC 25-37.5-1-0.6
Repealed
     (Repealed by P.L.158-2009, SEC.9.)

IC 25-37.5-1-0.8
"Used parts dealer"
     Sec. 0.8. As used in this chapter, "used parts dealer" has the meaning set forth in IC 9-13-2-195.
As added by P.L.224-2013, SEC.5.

IC 25-37.5-1-1 Version a
"Valuable metal"

     Note: This version of section effective until 1-1-2014. See also following version of this section, effective 1-1-2014.
    Sec. 1. (a) When used in this chapter, "valuable metal" means any product made of metal that readily may be resold. The term includes metal bossies and small component motor vehicle parts. The term does not include a beverage can.
    (b) As used in this chapter, "valuable metal dealer" means any individual, firm, corporation, limited liability company, or partnership engaged in the business of purchasing and reselling valuable metal either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, collectors of or dealers in junk, and junk cars or trucks. The term includes a core buyer. The term does not include a person who purchases a vehicle and obtains title to the vehicle.
    (c) As used in this chapter, "purchase" means acquiring a valuable metal product for a consideration, but does not include purchases between scrap metal processing facilities (as defined in IC 8-23-1-36).
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by P.L.145-1990, SEC.1; P.L.8-1993, SEC.403; P.L.2-2007, SEC.349; P.L.170-2007, SEC.1; P.L.3-2008, SEC.205; P.L.63-2008, SEC.4; P.L.158-2009, SEC.3.

IC 25-37.5-1-1 Version b
"Valuable metal"
     Note: This version of section effective 1-1-2014. See also preceding version of this section, effective until 1-1-2014.
    Sec. 1. (a) When used in this chapter, "valuable metal" means any product made of metal that readily may be resold. The term:
        (1) includes metal bossies and small component motor vehicle parts; and
        (2) does not include the following:
            (A) A beverage can.
            (B) Used jewelry regulated under IC 24-4-13.
            (C) Precious metal regulated under IC 24-4-19.
    (b) As used in this chapter, "valuable metal dealer" means any individual, firm, corporation, limited liability company, or partnership engaged in the business of purchasing and reselling valuable metal either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, collectors of or dealers in junk, and junk cars or trucks. The term includes a core buyer. The term does not include a person who purchases a vehicle and obtains title to the vehicle.
    (c) As used in this chapter, "purchase" means acquiring a valuable metal product for a consideration, but does not include purchases between scrap metal processing facilities (as defined in

IC 8-23-1-36).
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by P.L.145-1990, SEC.1; P.L.8-1993, SEC.403; P.L.2-2007, SEC.349; P.L.170-2007, SEC.1; P.L.3-2008, SEC.205; P.L.63-2008, SEC.4; P.L.158-2009, SEC.3; P.L.222-2013, SEC.6.

IC 25-37.5-1-2
Record of purchases; forms; retaining copies; beer kegs
     Sec. 2. (a) Except as provided in section 5 of this chapter, every valuable metal dealer in this state shall enter on forms provided under section 6 of this chapter by the state police department for each purchase of valuable metal the following information:
        (1) The name and address of the valuable metal dealer.
        (2) The date and place of each purchase.
        (3) The name, address, age, and driver's license number or Social Security number of the person or persons from whom the valuable metal was purchased.
        (4) The valuable metal dealer shall verify the identity of the person from whom the valuable metal was purchased by use of a government issued photographic identification. The valuable metal dealer shall enter on the form the type of government issued photographic identification used to verify the identity of the person from whom the valuable metal was purchased, together with the:
            (A) name of the government agency that issued the photographic identification; and
            (B) identification number present on the government issued photographic identification.
        (5) The motor vehicle license number of the vehicle or conveyance on which the valuable metal was delivered to the valuable metal dealer.
        (6) The price paid for the metal.
        (7) A description and weight of the valuable metal purchased.
        (8) The source of the valuable metal.
        (9) The photograph described in subsection (b).
After entering the information required in this subsection, the valuable metal dealer shall require the person or persons from whom the valuable metal is purchased to sign the form and verify its accuracy.
    (b) In addition to collecting the information described in subsection (a), a valuable metal dealer shall take a photograph of:
        (1) the person from whom the valuable metal is being purchased; and
        (2) the valuable metal.
    (c) In addition to the requirements of subsections (a) and (b), a valuable metal dealer shall keep a copy of the:
        (1) bill of sale or other written documentation submitted by a person attempting to sell an air conditioner evaporator coil or condenser under section 8(c) of this chapter; and
        (2) written documentation produced by a person attempting to

sell a catalytic converter required by section 9(b) of this chapter.
    (d) A valuable metal dealer shall make and retain a copy of the government issued photographic identification described under subsection (a)(4) used to verify the identity of the person from whom valuable metal was purchased and the photograph described in subsection (b). However, a valuable metal dealer is not required to make a copy of a government issued photographic identification used under subsection (a)(4) to verify the identity of the person from whom valuable metal is purchased if the valuable metal dealer has retained a copy of a person's government issued photographic identification from a prior purchase from the person by the valuable metal dealer.
    (e) The completed form, the photograph described in subsection (b), the copy of the bill of sale or other written documentation required by subsection (c), and the copy of the government issued photographic identification described in subsection (d) shall be kept in a separate book or register by the valuable metal dealer and shall be retained for a period of two (2) years. This book or register shall be made available for inspection by any law enforcement official at any time.
    (f) A valuable metal dealer may not accept a damaged or an undamaged metal beer keg if either of the following applies:
        (1) The keg is clearly marked as the property of a brewery manufacturer.
        (2) The keg's identification markings have been made illegible.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by P.L.145-1990, SEC.2; P.L.2-2007, SEC.350; P.L.170-2007, SEC.2; P.L.158-2009, SEC.4; P.L.134-2012, SEC.29; P.L.224-2013, SEC.6.

IC 25-37.5-1-3
Rule adoption
     Sec. 3. The superintendent of the state police department may adopt rules under IC 4-22-2 as may be necessary to administer and enforce the provisions and intent of this chapter.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by Acts 1982, P.L.154, SEC.136; P.L.7-1987, SEC.134; P.L.145-1990, SEC.3; P.L.2-2007, SEC.351; P.L.170-2007, SEC.3; P.L.3-2008, SEC.206; P.L.158-2009, SEC.5; P.L.134-2012, SEC.30.

IC 25-37.5-1-4
Separation of purchases; inspection
     Sec. 4. Except as provided in section 5 of this chapter, every valuable metal dealer shall hold each purchase of valuable metal requiring notification for at least five (5) working days from the date of notification:
        (1) at the regular place of business of the valuable metal dealer; and
        (2) separate and apart, so that it is readily identifiable from all

other purchases.
During this period, a valuable metal dealer may not change the form of the valuable metal and shall permit any law enforcement officer to make inspection of the valuable metal purchased.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by P.L.145-1990, SEC.4; P.L.224-2013, SEC.7.

IC 25-37.5-1-5
Exclusions
     Sec. 5. The provisions of sections 2 and 3 of this chapter do not apply to purchases from persons, firms, limited liability companies, or corporations regularly engaged in the business of manufacturing valuable metals, the business of selling valuable metals at retail or wholesale, to the purchase of one valuable metal dealer from another or the purchase from persons, firms, limited liability companies, or corporations engaged in either the generation, transmission, or distribution of electric energy or in telephone, telegraph, and other communications if such persons, firms, limited liability companies, or corporations at the time of purchase provide the valuable metal dealer with a bill of sale or other written evidence of title to the valuable metal.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by P.L.8-1993, SEC.404; P.L.224-2013, SEC.8.

IC 25-37.5-1-6
Publication of forms and information on web site
     Sec. 6. The state police department shall publish the following on the state police Internet web site:
        (1) The forms described in section 2(a) of this chapter to be used by valuable metal dealers when purchasing valuable metal.
        (2) A list that describes valuable metal products that are particularly susceptible to theft.
        (3) The:
            (A) statutes; and
            (B) rules adopted by the superintendent of the state police department under section 3 of this chapter;
        concerning the regulation of valuable metal dealers.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by Acts 1982, P.L.154, SEC.137; P.L.134-2012, SEC.31.

IC 25-37.5-1-7
Violations
     Sec. 7. (a) A valuable metal dealer who fails to comply with this chapter commits a Class A infraction.
    (b) A person that sells or attempts to sell valuable metal to a valuable metal dealer that fails to comply with this chapter commits a Class A infraction.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.) As amended by Acts 1978, P.L.2, SEC.2566; P.L.145-1990, SEC.5; P.L.224-2013, SEC.9.


IC 25-37.5-1-8
Air conditioner evaporator coils or condensers; acquisition and sale; documentation required; window air conditioning units
     Sec. 8. (a) Except as provided in subsection (c), a valuable metal dealer may not purchase an air conditioner evaporator coil or condenser, in whole or in part, in the course of the valuable metal dealer's business unless the valuable metal dealer purchases the air conditioner evaporator coil or condenser from a person who:
        (1) is an authorized agent, representative, or employee of a heating, ventilation, or air conditioning contractor; or
        (2) is engaged in the business of heating, ventilation, or air conditioning repair;
and who acquired the air conditioner evaporator coil or condenser in the performance of the business described in subdivision (1) or (2).
    (b) A person attempting to sell an air conditioner evaporator coil or condenser under subsection (a) to a valuable metal dealer must produce written documentation to the valuable metal dealer that reasonably demonstrates that the person is an authorized agent, representative, or employee of a heating, ventilation, or air conditioning contractor or is engaged in the business of heating, ventilation, or air conditioning repair.
    (c) A valuable metal dealer may purchase an air conditioner evaporator coil or condenser from a person who is not:
        (1) an authorized agent, representative, or employee of a heating, ventilation, or air conditioning contractor; or
        (2) engaged in the business of heating, ventilation, or air conditioning repair;
if the person attempting to sell an air conditioner evaporator coil or condenser under this section provides the valuable metal dealer a bill of sale or other written documentation for the unit or a replacement unit that shows that the air conditioner evaporator coil or condenser lawfully came into the possession of the person attempting to sell the air conditioner evaporator coil or condenser to the valuable metal dealer.
    (d) A valuable metal dealer may purchase a window air conditioning unit without restriction.
As added by P.L.224-2013, SEC.10.

IC 25-37.5-1-9
Catalytic converters as valuable metal; prohibition of sale; exceptions
     Sec. 9. (a) A person may not sell or attempt to sell, and a valuable metal dealer may not purchase or attempt to purchase, a catalytic converter, in whole or in part, as valuable metal when the catalytic converter is not attached to a motor vehicle at the time of the sale or attempted sale, unless the seller is a used parts dealer or an automotive repair company.
    (b) Subsection (a) does not apply when the seller presents the valuable metal dealer with:
        (1) a:

            (A) certificate of title;
            (B) certificate of registration;
            (C) certificate of authority under IC 9-22-5; or
            (D) receipt from a transaction of repair;
        for the motor vehicle from which the catalytic converter was taken; or
        (2) an affidavit executed by a law enforcement officer attesting to the officer's reasonable belief that the catalytic converter lawfully came into the possession of the person attempting to sell the catalytic converter.
As added by P.L.224-2013, SEC.11.

IC 25-37.5-1-10
Commercial transactions of valuable metal
     Sec. 10. Sections 8 and 9 of this chapter do not apply to commercial transactions between two (2) or more of the following:
        (1) An entity licensed by the secretary of state under IC 9-22-4 as:
            (A) an automotive salvage rebuilder;
            (B) a disposal facility; or
            (C) a used parts dealer.
        (2) A valuable metal dealer.
        (3) An automobile scrapyard (as defined by IC 9-13-2-8).
        (4) A scrap metal processor (as defined by IC 9-13-2-162).
As added by P.L.224-2013, SEC.12.