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HF 2603

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/05/2022 03:52pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; establishing requirements for the purchase of catalytic
converters; providing for penalties; amending Minnesota Statutes 2020, sections
325E.21, subdivision 6, by adding subdivisions; 609.5316, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 325E.21, subdivision 6, is amended to read:


Subd. 6.

Criminal penalty.

new text begin(a) new text endA scrap metal dealer, or the agent, employee, or
representative of the dealer, who intentionally violates a provision of this sectionnew text begin, except
for subdivision 11 or 12
new text end, is guilty of a misdemeanor.

new text begin (b) A person who violates subdivision 11 or 12 is guilty of a:
new text end

new text begin (1) misdemeanor for possession or purchase of one catalytic converter;
new text end

new text begin (2) gross misdemeanor for possession or purchase of two catalytic converters; and
new text end

new text begin (3) felony for possession or purchase of three or more catalytic converters.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Prohibition on possessing catalytic converters; exception. new text end

new text begin (a) It is unlawful
for a person to possess a used catalytic converter that is not attached to a motor vehicle
except when:
new text end

new text begin (1) the converter is marked with the date the converter was removed from the vehicle
and the identification number of the vehicle from which the converter was removed or an
alternative number to the vehicle identification number; or
new text end

new text begin (2) the converter has been EPA certified for reuse as a replacement part.
new text end

new text begin (b) If an alternative number to the vehicle identification number is used, it must be under
a numbering system that can be immediately linked to the vehicle identification number by
law enforcement. The marking of the alternative number may be made in any permanent
manner, including but not limited to an engraving or use of permanent ink. The marking
must clearly and legibly indicate the date removed and the vehicle identification number
or the alternative number and the method by which law enforcement can link the converter
to the vehicle identification number.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Prohibition. new text end

new text begin It is unlawful for a person who is not a scrap metal dealer to
purchase a used catalytic converter that is not EPA certified for reuse as a replacement part
except when the catalytic converter is attached to a motor vehicle. A used catalytic converter
that is EPA certified for reuse as a replacement part may be sold to a person or business for
reuse as a replacement part for a motor vehicle when the requirements of subdivision 11
are met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Purchase of catalytic converters. new text end

new text begin (a) It is unlawful for a scrap metal dealer
to purchase a used catalytic converter not attached to a motor vehicle unless the converter
is marked as required under subdivision 11 and the seller provides a copy of the vehicle's
title or registration in order to demonstrate the seller's ownership interest in the property.
new text end

new text begin (b) Notwithstanding paragraph (a), a scrap metal dealer may purchase a catalytic converter
from a person possessing an old vehicle that is no longer registered and titled without a
copy of the registration or title, if the person has an affidavit from the local law enforcement
agency that the agency has verified the person's ownership prior to the removal of the
converter from the vehicle.
new text end

new text begin (c) A scrap metal dealer who purchases a used catalytic converter not attached to a motor
vehicle must record the information received under this subdivision and subdivision 11 and
make the information available upon request to law enforcement and effective beginning
August 1, 2022, enter the information into an electronic database available to a law
enforcement agency as approved by the commissioner of public safety.
new text end

new text begin (d) A scrap metal dealer is prohibited from processing, selling, or removing a catalytic
converter from the dealer's premises for at least seven days after the catalytic converter
acquisition by the scrap metal dealer.
new text end

new text begin (e) A payment for a catalytic converter must not be made until at least five days after
sale to the scrap metal dealer. Payment must be sent by check to the seller's address or a
bank account in the seller's name.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.5316, subdivision 3, is amended to read:


Subd. 3.

Weapons, telephone cloning paraphernalia, automated sales suppression
devices, new text begincatalytic converters, new text endand bullet-resistant vests.

Weapons used are contraband
and must be summarily forfeited to the appropriate agency upon conviction of the weapon's
owner or possessor for a controlled substance crime; for any offense of this chapter or
chapter 624, or for a violation of an order for protection under section 518B.01, subdivision
14
. Bullet-resistant vests, as defined in section 609.486, worn or possessed during the
commission or attempted commission of a crime are contraband and must be summarily
forfeited to the appropriate agency upon conviction of the owner or possessor for a controlled
substance crime or for any offense of this chapter. Telephone cloning paraphernalia used
in a violation of section 609.894, and automated sales suppression devices, phantom-ware,
and other devices containing an automated sales suppression or phantom-ware device or
software used in violation of section 289A.63, subdivision 12, are contraband and must be
summarily forfeited to the appropriate agency upon a conviction.new text begin A catalytic converter
possessed in violation of section 325E.21 is contraband and must be summarily forfeited
to the appropriate agency upon a conviction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end