Bill Text: MN SF934 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Scrap metal processing regulations modifications and criminal penalties establishment
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-05-19 - HF substituted on General Orders HF1214 [SF934 Detail]
Download: Minnesota-2013-SF934-Engrossed.html
1.2relating to commerce; regulating motor vehicles; amending regulation of scrap
1.3metal processing; requiring proof of ownership or hold period for vehicles
1.4purchased for scrap; creating criminal penalties;amending Minnesota Statutes
1.52012, sections 168.27, subdivision 23; 168A.01, by adding a subdivision;
1.6168A.153; 325E.21, subdivisions 1, 1a, 4, 8; proposing coding for new law
1.7in Minnesota Statutes, chapter 168A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 168.27, subdivision 23, is amended to read:
1.10 Subd. 23.Registrar may file charges County or city attorney to prosecute. The
1.11registrar or the registrar's appointed inspectors may file charges with the county attorney
1.12 or city attorney may file charges against any licensee who violates any of the provisions of
1.13this section or section 325E.21, including but not limited to, the grounds for suspension or
1.14revocation set out in subdivision 12.
1.15EFFECTIVE DATE.This section is effective August 1, 2013.
1.16 Sec. 2. Minnesota Statutes 2012, section 168A.01, is amended by adding a subdivision
1.17to read:
1.18 Subd. 8c. Aged vehicle. "Aged vehicle" means a vehicle with a manufacturer's
1.19designated model year equal to or greater than the seventeenth calendar year immediately
1.20preceding the current calendar year, not including those vehicles registered as collector or
1.21designated as a restored pioneer vehicle.
1.22 Sec. 3. [168A.1525] AFFIDAVIT OF SALABILITY.
2.1(a) Any person or unit of government upon whose property or in whose possession
2.2is found any abandoned motor vehicle, or any owner of a motor vehicle whose title
2.3certificate is faulty, lost, or destroyed and is thereby unable to transfer title to the motor
2.4vehicle, may apply to a law enforcement agency in which the motor vehicle is located for
2.5an affidavit of salability. The affidavit of salability gives authority for a vehicle to be sold
2.6to or given to a dealer for recycling or dismantling in lieu of a certificate of title.
2.7(b) The application for an affidavit of salability shall set out the name and address of
2.8the applicant, and the year, make, model, and vehicle identification number of the motor
2.9vehicle, if ascertainable, together with any other identifying features, and shall contain a
2.10concise statement of the facts surrounding the abandonment, or a statement that the title of
2.11the motor vehicle is lost or destroyed, or the reasons for the defect of title in the owner.
2.12The applicant shall execute an affidavit stating that the facts alleged are true and that no
2.13material fact has been withheld. A law enforcement agency must execute any request for
2.14an affidavit of salability at the time of request.
2.15 Sec. 4. Minnesota Statutes 2012, section 168A.153, is amended to read:
2.16168A.153 REPORT OF VEHICLE RECEIPT.
2.17 Subdivision 1. Older model vehicle. A dealer who buys an older model vehicle to
2.18be dismantled or destroyed shall report to the department within30 15 days including the
2.19vehicle's license plate number and identification number, and the seller's name and driver's
2.20license number. A dealer who accepts an affidavit of salability in lieu of a certificate of
2.21title as allowed by section 168A.1525 must report to the department the information
2.22required by this subdivision by the close of business the day after the transaction.
2.23 Subd. 2. Late-model or high-value vehicle. A dealer who buys a late-model or
2.24high-value vehicle to be dismantled or destroyed shall notify the secured party, if any, and
2.25the commissioner within 15 days in the manner prescribed in subdivision 3.The dealer
2.26must then properly destroy the certificate of title A dealer who accepts an affidavit of
2.27salability in lieu of a certificate of title as allowed by section 168A.1525 must report to
2.28the department the information required by this subdivision by the close of business the
2.29day after the transaction.
2.30 Subd. 2a. Aged vehicle. (a) A dealer who buys an aged vehicle to be dismantled
2.31or destroyed shall report to the department within 15 days including the vehicle's license
2.32plate number and identification number and the seller's name.
2.33(b) No certificate of title or other documentation is required for purchase of an
2.34aged vehicle.
3.1 Subd. 3. Notification on vehicle to be dismantled or destroyed; service fee.
3.2Within the time frames prescribed in subdivisions 1 and 2 of acquiring a vehicle titled and
3.3registered in Minnesota, a dealer shall notify the registrar that the dealership purchased
3.4the vehicle to be dismantled or destroyed. The notification A dealer must maintain the
3.5certificate of title, if any, on a vehicle for three years before destroying the title as prescribed
3.6by the commissioner. Notifications under this section must be made electronically as
3.7prescribed by the registrar. The dealer may contract this service to a deputy registrar and
3.8the registrar may charge a fee not to exceed $7 per transaction to provide this service.
3.9 Sec. 5. Minnesota Statutes 2012, section 325E.21, subdivision 1, is amended to read:
3.10 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
3.11this subdivision have the meanings given.
3.12 (b) "Law enforcement agency" or "agency" means a duly authorized municipal,
3.13county, state, or federal law enforcement agency.
3.14 (c) "Person" means an individual, partnership, limited partnership, limited liability
3.15company, corporation, or other entity.
3.16 (d) "Scrap metal" means:
3.17 (1) wire and cable commonly and customarily used by communication and electric
3.18utilities; and
3.19 (2) copper, aluminum, or any other metal purchased primarily for its reuse or
3.20recycling value as raw metal, including metal that is combined with other materials
3.21at the time of purchase.
3.22 (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of
3.23buying or selling scrap metal, or both, but does not include a person engaged exclusively
3.24in the business of buying or selling new or used motor vehiclesor motor vehicle parts,
3.25paper or wood products, rags or furniture, or secondhand machinery.
3.26 Sec. 6. Minnesota Statutes 2012, section 325E.21, subdivision 1a, is amended to read:
3.27 Subd. 1a. Purchase or acquisition record required. (a) Every scrap metal
3.28dealer, including an agent, employee, or representative of the dealer, shallkeep create a
3.29permanent record, written in English, using ink or an electronic record program, at the
3.30time of each purchase or acquisition of scrap metal. The record must include:
3.31 (1) an accurate and complete account or description, including the weight if
3.32customarily purchased by weight, of the scrap metal purchased or acquired;
3.33(2) if the scrap metal purchased or acquired is a motor vehicle, the vehicle
3.34identification number and license plate number, if any;
4.1(2) (3) the date, time, and place of the receipt of the scrap metal purchased or
4.2acquired and a unique transaction identifier;
4.3(3) (4) the name and address of the person selling or delivering the scrap metal;
4.4(4) (5) the identification number and state of issue of the check or electronic transfer
4.5used to purchase the scrap metal;
4.6(5) (6) the identification number and state of issue of the seller's or deliverer's
4.7driver's license, Minnesota identification card number, or other identification document
4.8number of an identification document issued for identification purposes by any state,
4.9federal, or foreign government if the document includes the person's photograph, full
4.10name, birth date, and signature proof of identification;and
4.11(6) (7) the license plate number and description of the vehicle used by the person
4.12when delivering the scrap metal, and any identifying marks on the vehicle, such as a
4.13business name, decals, or markings, if applicable; and
4.14 (8) a statement signed by the seller, under penalty of perjury, attesting that the scrap
4.15metal or motor vehicle, to the best of the seller's knowledge, is not stolen and is free of any
4.16liens or encumbrances and the seller has the right to sell it. This paragraph only applies if
4.17the scrap metal or motor vehicle is acquired from an individual.
4.18 (b) The record, as well as the scrap metal purchased or received, shall at all
4.19reasonable times be open to the inspection of any law enforcement agency.
4.20 (c) No record is required for property purchased from merchants, manufacturers or
4.21wholesale dealers, having an established place of business, or of any goods purchased
4.22at open sale from any bankrupt stock, but a bill of sale or other evidence of open or
4.23legitimate purchase of the property shall be obtained and kept by the person, which must
4.24be shown upon demand to any law enforcement agency.
4.25 (d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's
4.26agent, employee, or representative may not disclose personal information concerning a
4.27customer without the customer's consent unless the disclosure is made in response to a
4.28request from a law enforcement agency. A scrap metal dealer must implement reasonable
4.29safeguards to protect the security of the personal information and prevent unauthorized
4.30access to or disclosure of the information. For purposes of this paragraph, "personal
4.31information" is any individually identifiable information gathered in connection with a
4.32record under paragraph (a).
4.33(e) Law enforcement agencies in the jurisdiction where a dealer is located may
4.34conduct regular and routine inspections to ensure compliance, refer violations to county or
4.35city attorney offices for criminal prosecution, and notify the registrar of motor vehicles.
5.1 Sec. 7. Minnesota Statutes 2012, section 325E.21, subdivision 4, is amended to read:
5.2 Subd. 4. Registration required. (a) Every scrap metal dealer shall register with
5.3and participate in the criminal alert network described in section299A.61 . The dealer
5.4shall ensure that the dealer's system for receiving incoming notices from the network is
5.5in proper working order and ready to receive incoming notices. The dealer shall check
5.6the system for incoming notices twice each day the business is open, once upon opening
5.7and then again before closing. The dealer shall inform all employees involved in the
5.8purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type
5.9that might be conceivably sold to the dealer. In addition, the dealer shall post copies of the
5.10alerts in a conspicuous location.
5.11 (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
5.12annual fee to participate in the criminal alert network and for the educational materials
5.13described in section299C.25 .
5.14 (c) The commissioner shall notify the scrap metal dealer if a message sent to the
5.15dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's
5.16system. The dealer shall take action necessary to ensure that future messages are received.
5.17(d) Law enforcement agencies shall enter all appropriate information to the criminal
5.18alert network described in section 299A.61, regarding any complaint they have received
5.19pertaining to the theft of scrap metal or motor vehicles within 24 hours of receiving such
5.20complaint.
5.21 Sec. 8. Minnesota Statutes 2012, section 325E.21, subdivision 8, is amended to read:
5.22 Subd. 8.Property held by law enforcement Investigative holds; confiscation of
5.23vehicles. (a) Whenever a law enforcement official from any agency has probable cause to
5.24believe that property in the possession of a scrap metal dealer is stolen or is evidence of a
5.25crime and notifies the dealer not to sell the item, the item may not be sold or removed the
5.26scrap metal dealer shall not (1) process or sell the item, or (2) remove or allow its removal
5.27from the premises. This investigative holdremains must be confirmed in writing by the
5.28originating agency within 72 hours and will remain in effect for90 30 days from the date
5.29of initial notification, or untilit the investigative hold is canceled or a seizure order is
5.30issued, renewed, or until an order to confiscate is issued, whichever comes first.
5.31 (b) If an item is identified as stolen or evidence in a criminal case,the a law
5.32enforcement official may:
5.33 (1) physicallyseize confiscate and remove it from the scrap metal dealer, pursuant to
5.34a written orderfrom the law enforcement official; or
6.1 (2) place the item on hold or extend the holdas provided in this section and leave it
6.2in the shop under paragraph (a), and leave it on the license premises.
6.3 (c) When an item isseized confiscated, the person doing so shall provide
6.4identification upon request of the scrap metal dealer, and shall providethe dealer the name
6.5and telephone number of theseizing confiscating agency and investigator, and the case
6.6number related to theseizure confiscation.
6.7 (d) A dealer may requestseized confiscated property be returned in accordance
6.8with section626.04 .
6.9 (e) When an order to hold orseize confiscate is no longer necessary, the law
6.10enforcement official shall so notify the dealer.
1.3metal processing; requiring proof of ownership or hold period for vehicles
1.4purchased for scrap; creating criminal penalties;amending Minnesota Statutes
1.52012, sections 168.27, subdivision 23; 168A.01, by adding a subdivision;
1.6168A.153; 325E.21, subdivisions 1, 1a, 4, 8; proposing coding for new law
1.7in Minnesota Statutes, chapter 168A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 168.27, subdivision 23, is amended to read:
1.10 Subd. 23.
1.11
1.12 or city attorney may file charges against any licensee who violates any of the provisions of
1.13this section or section 325E.21, including but not limited to, the grounds for suspension or
1.14revocation set out in subdivision 12.
1.15EFFECTIVE DATE.This section is effective August 1, 2013.
1.16 Sec. 2. Minnesota Statutes 2012, section 168A.01, is amended by adding a subdivision
1.17to read:
1.18 Subd. 8c. Aged vehicle. "Aged vehicle" means a vehicle with a manufacturer's
1.19designated model year equal to or greater than the seventeenth calendar year immediately
1.20preceding the current calendar year, not including those vehicles registered as collector or
1.21designated as a restored pioneer vehicle.
1.22 Sec. 3. [168A.1525] AFFIDAVIT OF SALABILITY.
2.1(a) Any person or unit of government upon whose property or in whose possession
2.2is found any abandoned motor vehicle, or any owner of a motor vehicle whose title
2.3certificate is faulty, lost, or destroyed and is thereby unable to transfer title to the motor
2.4vehicle, may apply to a law enforcement agency in which the motor vehicle is located for
2.5an affidavit of salability. The affidavit of salability gives authority for a vehicle to be sold
2.6to or given to a dealer for recycling or dismantling in lieu of a certificate of title.
2.7(b) The application for an affidavit of salability shall set out the name and address of
2.8the applicant, and the year, make, model, and vehicle identification number of the motor
2.9vehicle, if ascertainable, together with any other identifying features, and shall contain a
2.10concise statement of the facts surrounding the abandonment, or a statement that the title of
2.11the motor vehicle is lost or destroyed, or the reasons for the defect of title in the owner.
2.12The applicant shall execute an affidavit stating that the facts alleged are true and that no
2.13material fact has been withheld. A law enforcement agency must execute any request for
2.14an affidavit of salability at the time of request.
2.15 Sec. 4. Minnesota Statutes 2012, section 168A.153, is amended to read:
2.16168A.153 REPORT OF VEHICLE RECEIPT.
2.17 Subdivision 1. Older model vehicle. A dealer who buys an older model vehicle to
2.18be dismantled or destroyed shall report to the department within
2.19vehicle's license plate number and identification number, and the seller's name and driver's
2.20license number. A dealer who accepts an affidavit of salability in lieu of a certificate of
2.21title as allowed by section 168A.1525 must report to the department the information
2.22required by this subdivision by the close of business the day after the transaction.
2.23 Subd. 2. Late-model or high-value vehicle. A dealer who buys a late-model or
2.24high-value vehicle to be dismantled or destroyed shall notify the secured party, if any, and
2.25the commissioner within 15 days in the manner prescribed in subdivision 3.
2.26
2.27salability in lieu of a certificate of title as allowed by section 168A.1525 must report to
2.28the department the information required by this subdivision by the close of business the
2.29day after the transaction.
2.30 Subd. 2a. Aged vehicle. (a) A dealer who buys an aged vehicle to be dismantled
2.31or destroyed shall report to the department within 15 days including the vehicle's license
2.32plate number and identification number and the seller's name.
2.33(b) No certificate of title or other documentation is required for purchase of an
2.34aged vehicle.
3.1 Subd. 3. Notification on vehicle to be dismantled or destroyed; service fee.
3.2
3.3
3.4
3.5certificate of title, if any, on a vehicle for three years before destroying the title as prescribed
3.6by the commissioner. Notifications under this section must be made electronically as
3.7prescribed by the registrar. The dealer may contract this service to a deputy registrar and
3.8the registrar may charge a fee not to exceed $7 per transaction to provide this service.
3.9 Sec. 5. Minnesota Statutes 2012, section 325E.21, subdivision 1, is amended to read:
3.10 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
3.11this subdivision have the meanings given.
3.12 (b) "Law enforcement agency" or "agency" means a duly authorized municipal,
3.13county, state, or federal law enforcement agency.
3.14 (c) "Person" means an individual, partnership, limited partnership, limited liability
3.15company, corporation, or other entity.
3.16 (d) "Scrap metal" means:
3.17 (1) wire and cable commonly and customarily used by communication and electric
3.18utilities; and
3.19 (2) copper, aluminum, or any other metal purchased primarily for its reuse or
3.20recycling value as raw metal, including metal that is combined with other materials
3.21at the time of purchase.
3.22 (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of
3.23buying or selling scrap metal, or both, but does not include a person engaged exclusively
3.24in the business of buying or selling new or used motor vehicles
3.25paper or wood products, rags or furniture, or secondhand machinery.
3.26 Sec. 6. Minnesota Statutes 2012, section 325E.21, subdivision 1a, is amended to read:
3.27 Subd. 1a. Purchase or acquisition record required. (a) Every scrap metal
3.28dealer, including an agent, employee, or representative of the dealer, shall
3.29permanent record, written in English, using ink or an electronic record program, at the
3.30time of each purchase or acquisition of scrap metal. The record must include:
3.31 (1) an accurate and complete account or description, including the weight if
3.32customarily purchased by weight, of the scrap metal purchased or acquired;
3.33(2) if the scrap metal purchased or acquired is a motor vehicle, the vehicle
3.34identification number and license plate number, if any;
4.1
4.2acquired and a unique transaction identifier;
4.3
4.4
4.5used to purchase the scrap metal;
4.6
4.7driver's license, Minnesota identification card number, or other identification document
4.8number of an identification document issued for identification purposes by any state,
4.9federal, or foreign government if the document includes the person's photograph, full
4.10name, birth date, and signature proof of identification;
4.11
4.12when delivering the scrap metal, and any identifying marks on the vehicle, such as a
4.13business name, decals, or markings, if applicable; and
4.14 (8) a statement signed by the seller, under penalty of perjury, attesting that the scrap
4.15metal or motor vehicle, to the best of the seller's knowledge, is not stolen and is free of any
4.16liens or encumbrances and the seller has the right to sell it. This paragraph only applies if
4.17the scrap metal or motor vehicle is acquired from an individual.
4.18 (b) The record, as well as the scrap metal purchased or received, shall at all
4.19reasonable times be open to the inspection of any law enforcement agency.
4.20 (c) No record is required for property purchased from merchants, manufacturers or
4.21wholesale dealers, having an established place of business, or of any goods purchased
4.22at open sale from any bankrupt stock, but a bill of sale or other evidence of open or
4.23legitimate purchase of the property shall be obtained and kept by the person, which must
4.24be shown upon demand to any law enforcement agency.
4.25 (d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's
4.26agent, employee, or representative may not disclose personal information concerning a
4.27customer without the customer's consent unless the disclosure is made in response to a
4.28request from a law enforcement agency. A scrap metal dealer must implement reasonable
4.29safeguards to protect the security of the personal information and prevent unauthorized
4.30access to or disclosure of the information. For purposes of this paragraph, "personal
4.31information" is any individually identifiable information gathered in connection with a
4.32record under paragraph (a).
4.33(e) Law enforcement agencies in the jurisdiction where a dealer is located may
4.34conduct regular and routine inspections to ensure compliance, refer violations to county or
4.35city attorney offices for criminal prosecution, and notify the registrar of motor vehicles.
5.1 Sec. 7. Minnesota Statutes 2012, section 325E.21, subdivision 4, is amended to read:
5.2 Subd. 4. Registration required. (a) Every scrap metal dealer shall register with
5.3and participate in the criminal alert network described in section
5.4shall ensure that the dealer's system for receiving incoming notices from the network is
5.5in proper working order and ready to receive incoming notices. The dealer shall check
5.6the system for incoming notices twice each day the business is open, once upon opening
5.7and then again before closing. The dealer shall inform all employees involved in the
5.8purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type
5.9that might be conceivably sold to the dealer. In addition, the dealer shall post copies of the
5.10alerts in a conspicuous location.
5.11 (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
5.12annual fee to participate in the criminal alert network and for the educational materials
5.13described in section
5.14 (c) The commissioner shall notify the scrap metal dealer if a message sent to the
5.15dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's
5.16system. The dealer shall take action necessary to ensure that future messages are received.
5.17(d) Law enforcement agencies shall enter all appropriate information to the criminal
5.18alert network described in section 299A.61, regarding any complaint they have received
5.19pertaining to the theft of scrap metal or motor vehicles within 24 hours of receiving such
5.20complaint.
5.21 Sec. 8. Minnesota Statutes 2012, section 325E.21, subdivision 8, is amended to read:
5.22 Subd. 8.
5.23vehicles. (a) Whenever a law enforcement official from any agency has probable cause to
5.24believe that property in the possession of a scrap metal dealer is stolen or is evidence of a
5.25crime and notifies the dealer not to sell the item
5.26scrap metal dealer shall not (1) process or sell the item, or (2) remove or allow its removal
5.27from the premises. This investigative hold
5.28originating agency within 72 hours and will remain in effect for
5.29of initial notification, or until
5.30
5.31 (b) If an item is identified as stolen or evidence in a criminal case,
5.32enforcement official may:
5.33 (1) physically
5.34a written order
6.1 (2) place the item on hold or extend the hold
6.2
6.3 (c) When an item is
6.4identification upon request of the scrap metal dealer, and shall provide
6.5and telephone number of the
6.6number related to the
6.7 (d) A dealer may request
6.8with section
6.9 (e) When an order to hold or
6.10enforcement official shall so notify the dealer.
