HF 3442

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/17/2026 11:31 a.m.

A bill for an act
relating to commerce; excluding manufacturers from licensing requirement to sell
scrap metal copper; amending Minnesota Statutes 2024, section 325E.21,
subdivision 2c.

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

Section 1.

Minnesota Statutes 2024, section 325E.21, subdivision 2c, is amended to read:

Subd. 2c.

License required for scrap metal copper sale.

(a) deleted text begin Beginning January 1,
2025, deleted text end A person is prohibited from engaging in the sale of scrap metal copper unless the
person has a valid license issued by the commissioner under this subdivision.

(b) On the first Friday of the months of April and October of each calendar year, from
8:00 a.m. to 5:00 p.m., a scrap metal dealer may purchase up to $25 of scrap metal copper
from individuals who do not have an approved license to sell scrap metal copper under this
subdivision. All other requirements of subdivision 1b apply and must be documented by
the scrap metal dealer on the dates specified in this paragraph.

(c) A seller of scrap metal copper may apply to the commissioner on a form prescribed
by the commissioner. The application form must include, at a minimum:

(1) the name, permanent address, telephone number, and date of birth of the applicant;
and

(2) an acknowledgment that the applicant obtained the copper by lawful means in the
regular course of the applicant's business, trade, or authorized construction work.

(d) Each application must be accompanied by a nonrefundable fee of $250.

(e) Within 30 days of the date an application is received, the commissioner may require
additional information or submissions from an applicant and may obtain any document or
information that is reasonably necessary to verify the information contained in the application.
Within 90 days after the date a completed application is received, the commissioner must
review the application and issue a license if the applicant is deemed qualified under this
section. The commissioner may issue a license subject to restrictions or limitations. If the
commissioner determines the applicant is not qualified, the commissioner must notify the
applicant and must specify the reason for the denial.

(f) A person is deemed to hold a license to sell scrap metal copper if the person holds
one of the following:

(1) a license to perform work pursuant to chapter 326B or section 103I.501;

(2) a document, certificate, or card of competency issued by a municipality to perform
work in a given trade or craft in the building trades. The document, certificate, or card must
state that the individual is authorized to sell scrap metal copper deleted text begin . This clause is effective
January 1, 2025 deleted text end ; or

(3) a Section 608 Technician Certification issued by the United States Environmental
Protection Agency.

(g) A license issued under this subdivision is valid for one year. To renew a license, an
applicant must submit a completed renewal application on a form prescribed by the
commissioner and a renewal fee of $250. The commissioner may request that a renewal
applicant submit additional information to clarify any new information presented in the
renewal application. A renewal application submitted after the renewal deadline must be
accompanied by a nonrefundable late fee of $500.

(h) The commissioner may deny a license renewal under this subdivision if:

(1) the commissioner determines that the applicant is in violation of or noncompliant
with federal or state law; or

(2) the applicant fails to timely submit a renewal application and the information required
under this subdivision.

(i) In lieu of denying a renewal application under paragraph (g), the commissioner may
permit the applicant to submit to the commissioner a corrective action plan to cure or correct
deficiencies.

(j) The commissioner may suspend, revoke, or place on probation a license issued under
this subdivision if:

(1) the applicant engages in fraudulent activity that violates state or federal law;

(2) the commissioner receives consumer complaints that justify an action under this
subdivision to protect the safety and interests of consumers;

(3) the applicant fails to pay an application license or renewal fee; or

(4) the applicant fails to comply with a requirement established in this subdivision.

(k) This subdivision does not apply to transfers by or to an auctioneer who is in
compliance with chapter 330 and acting in the person's official role as an auctioneer to
facilitate or conduct an auction of scrap metal.

new text begin (l) This subdivision does not apply to manufacturers. For purposes of this subdivision,
"manufacturer" means a person who creates or produces a product or whose brand name is
affixed to the product.
new text end

deleted text begin (l) deleted text end new text begin (m) new text end The commissioner must enforce this subdivision under chapter 45.