HF 335

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:36am

A bill for an act
relating to housing; vacant buildings; providing for certain trespass and scrap
metal sale provisions; amending Minnesota Statutes 2008, sections 325E.21,
subdivisions 1a, 3, 6, by adding a subdivision; 609.605, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 325E.21, subdivision 1a, is amended to
read:

Subd. 1a.

Purchase or acquisition record required.

(a) Every scrap metal dealer,
including an agent, employee, or representative of the dealer, shall keep a written record at
the time of each purchase or acquisition of scrap metal. The record must include:

(1) an accurate account or description, including the weight if customarily purchased
by weight, of the scrap metal purchased or acquired;

(2) the date, time, and place of the receipt of the scrap metal purchased or acquired;

(3) the name and address of the person selling or delivering the scrap metal new text begin as
stated on the seller's or deliverer's driver's license number, Minnesota identification card
number, or other identification document number of an identification document issued
for identification purposes by any state, federal, or foreign government if the document
includes the person's current photograph, full name, birth date, current address, and
signature. The identification document and the information recorded from it must be
current and valid new text end ;

(4) the number of the deleted text begin check or deleted text end electronic transfer used to purchase the scrap metal;

(5) the number of the seller's or deliverer's driver's license, Minnesota identification
card number, or other identification document number of an identification document
issued for identification purposes by any state, federal, or foreign government if the
document includes the person's new text begin current new text end photograph, full name, birth date, new text begin current address,
new text end and signature new text begin . The identification document and the information recorded from it must
be current and valid new text end ; and

(6) the license plate number new text begin and state of issuance new text end and deleted text begin description deleted text end new text begin year, make,
and model new text end of the vehicle used by the person when delivering the scrap metal, and
any identifying marks on the vehicle, such as a business name, decals, or markings,
if applicable.

(b) The record, as well as the scrap metal purchased or received, shall at all
reasonable times be open to the inspection of any law enforcement agency.

(c) No record is required for property purchased from merchants, manufacturers or
wholesale dealers, having an established place of business, or of any goods purchased
at open sale from any bankrupt stock, but a bill of sale or other evidence of open or
legitimate purchase of the property shall be obtained and kept by the person, which must
be shown upon demand to any law enforcement agency.

(d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's
agent, employee, or representative may not disclose personal information concerning a
customer without the customer's consent unless the disclosure is made in response to a
request from a law enforcement agency. A scrap metal dealer must implement reasonable
safeguards to protect the security of the personal information and prevent unauthorized
access to or disclosure of the information. For purposes of this paragraph, "personal
information" is any individually identifiable information gathered in connection with a
record under paragraph (a).

Sec. 2.

Minnesota Statutes 2008, section 325E.21, subdivision 3, is amended to read:

Subd. 3.

Payment by deleted text begin check or deleted text end electronic transfer required.

A scrap metal dealer
or the dealer's agent, employee, or representative shall pay for all scrap metal purchases
only by deleted text begin check or deleted text end electronic transfer.

Sec. 3.

Minnesota Statutes 2008, section 325E.21, subdivision 6, is amended to read:

Subd. 6.

Criminal penalty.

A scrap metal dealer, or the agent, employee, or
representative of the dealer, who deleted text begin intentionally deleted text end new text begin knowingly new text end violates a provision of this
section, is guilty of a new text begin gross new text end misdemeanor.

Sec. 4.

Minnesota Statutes 2008, section 325E.21, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Scrap metal theft; civil liability. new text end

new text begin (a) Any owner of scrap metal who
incurs injury or loss as a result of a violation of this section may bring a civil action against
the person who committed the violation.
new text end

new text begin (b) If the person who incurs the loss prevails against a person who committed the
violation, the court shall grant the prevailing party all of the following:
new text end

new text begin (1) actual damages;
new text end

new text begin (2) any lost profits that are attributable to the violation and that were not taken into
account in determining the amount of actual damages under clause (1); and
new text end

new text begin (3) costs, disbursements, and reasonable attorney fees.
new text end

Sec. 5.

Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

(a) The following terms have the meanings given
them for purposes of this section.

(1) "Premises" means real property and any appurtenant building or structure.

(2) "Dwelling" means the building or part of a building used by an individual as a
place of residence on either a full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home as defined in section
168.002, subdivision 16.

(3) "Construction site" means the site of the construction, alteration, painting, or
repair of a building or structure.

(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
person on whose behalf a building or dwelling is being constructed, altered, painted, or
repaired and the general contractor or subcontractor engaged in that work.

(5) "Posted," as used:

(i) in paragraph (b), clause (9), means the placement of a sign at least 11 inches
square in a conspicuous place deleted text begin on the exterior of the building that is under construction,
alteration, or repair, deleted text end and additional signs in at least two conspicuous places for each ten
acres being protected. deleted text begin The sign must carry an appropriate notice and the name of the
person giving the notice, followed by the word "owner" if the person giving the notice
is the holder of legal title to the land on which the construction site is located or by the
word "occupant" if the person giving the notice is not the holder of legal title but is a
lawful occupant of the land deleted text end ; and

(ii) in paragraph (b), clause (10), means the placement of signs that:

(A) state "no trespassing" or similar terms;

(B) display letters at least two inches high;

(C) state that Minnesota law prohibits trespassing on the property; and

(D) are posted in a conspicuous place and at intervals of 500 feet or less.

(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
of a building trades labor or management organization.

(7) "Building" has the meaning given in section 609.581, subdivision 2.

(b) A person is guilty of a misdemeanor if the person intentionally:

(1) permits domestic animals or fowls under the actor's control to go on the land
of another within a city;

(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
designate a point of a boundary, line or a political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without claim of right, refuses to
depart from the premises on demand of the lawful possessor;

(4) occupies or enters the dwelling or locked or posted building of another, without
claim of right or consent of the owner or the consent of one who has the right to give
consent, except in an emergency situation;

(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
vegetables growing on the premises, without the permission of the owner or occupant;

(6) enters or is found on the premises of a public or private cemetery without
authorization during hours the cemetery is posted as closed to the public;

(7) returns to the property of another with the intent to abuse, disturb, or cause
distress in or threaten another, after being told to leave the property and not to return, if the
actor is without claim of right to the property or consent of one with authority to consent;

(8) returns to the property of another within one year after being told to leave the
property and not to return, if the actor is without claim of right to the property or consent
of one with authority to consent;

(9) enters the locked or posted construction site of another without the consent of the
owner or lawful possessor, unless the person is a business licensee; or

(10) enters the locked or posted aggregate mining site of another without the consent
of the owner or lawful possessor, unless the person is a business licensee.