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HF 2605

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/23/2014 02:07pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to commerce; establishing a fee schedule for automated property system
transactions; authorizing state auditor to examine fee schedule; delaying effective
dates for automated property system; requiring reports; amending Minnesota
Statutes 2012, section 325E.21, by adding a subdivision; Minnesota Statutes
2013 Supplement, sections 168A.1501, subdivision 5, by adding a subdivision;
325E.21, subdivisions 1a, 1c, 4; Laws 2013, chapter 126, sections 5; 10; 11.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 168A.1501, subdivision 5,
is amended to read:


Subd. 5.

Automated property system.

(a) A scrap vehicle operator must
completely and accurately provide all the record information required in subdivision 2 by
transferring it from the operator's computer to the automated property system, by the close
of business each day, using the interchange file specification format.

(b) An operator who does not have an electronic point-of-sale program may
request to be provided software by the automated property system to record the required
information. If the operator uses a commercially available electronic point-of-sale
program to record the information required in this section, it must submit the information
using the interchange file specification format. Any record submitted by an operator
that does not conform to the interchange file specification format must be corrected and
resubmitted the next business day. deleted text beginNo fees may be charged to an operator for use of the
automated property system until such time as the legislature enacts a fee schedule.
deleted text end

(c) An operator must display a sign of sufficient size, in a conspicuous place in the
premises, which informs all patrons that transactions are reported to law enforcement daily.

(d) Every local law enforcement agency shall participate in the automated property
system as an individual agency or in conjunction with another agency or agencies to
provide the service.

(e) This subdivision does not apply to the purchase of a scrap vehicle by a used
vehicle parts dealer licensed under section 168.27, for dismantling the vehicle for its parts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 15, 2016.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 168A.1501, is amended by
adding a subdivision to read:


new text begin Subd. 5a. new text end

new text begin Fee schedule; audits; reports. new text end

new text begin (a) The city of Minneapolis may charge a
fee to an operator for use of the automated property system required under subdivision 5.
The fee is intended to cover the reasonable costs of operating and maintaining the system
under this section and section 325E.21, subdivision 1c. The fee may not exceed 72 cents
per transaction for the first four years of operation. Thereafter, the city may adjust the fee
schedule to reflect the ongoing, reasonable costs of operating and maintaining the system.
new text end

new text begin (b) The state auditor may examine the fee schedule and associated costs under
paragraph (a) at any time. The state auditor may bill the city of Minneapolis for the costs
of the examination pursuant to sections 6.56, 6.57, and 6.59.
new text end

new text begin (c) The city of Minneapolis shall report to the state auditor and chairs and ranking
minority members of the senate and house of representatives committees and divisions
having jurisdiction over commerce and criminal justice policy by January 15 of each
even-numbered year until January 15, 2020, and every four years thereafter. The report
shall include the following information relating to the automated property system: the
formula used to determine or adjust the fee schedule, the direct costs of operating and
maintaining the system, and a summary of receipts and expenses incurred during the
reporting period. The report shall be combined with the report required under section
325E.21, subdivision 1d, paragraph (c). Section 3.195 applies to this paragraph.
new text end

new text begin (d) For purposes of this subdivision, "transaction" means an entry into the automated
property system of a new record or records containing the information required under
subdivision 2 per seller.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, 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;

(4) the number of the check or 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 photograph, full name, birth date, and signature;

(6) the license plate number and description 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; and

(7) a statement signed by the seller, under penalty of perjury as provided in section
609.48, attesting that the scrap metal is not stolen and is free of any liens or encumbrances
and the seller has the right to sell it.

(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).

(e) This subdivision expires deleted text beginJanuary 1, 2015deleted text endnew text begin February 15, 2016new text end.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 1c, is
amended to read:


Subd. 1c.

Automated property system.

(a) Dealers must completely and accurately
provide all the record information required in subdivision 1b by transferring it from their
computer to the automated property system, by the close of business each day, using
the interchange file specification format.

(b) A dealer who does not have an electronic point-of-sale program may request to
be provided software by the automated property system to record the required information.
If the dealer uses a commercially available electronic point-of-sale program to record the
information required in this section, it must submit the information using the interchange
file specification format. Any record submitted by a dealer that does not conform to the
interchange file specification format must be corrected and resubmitted the next business
day. deleted text beginNo fees may be charged to a dealer for use of the automated property system until
such time as the legislature enacts a fee schedule.
deleted text end

(c) A dealer must display a sign of sufficient size, in a conspicuous place in the
premises, which informs all patrons that transactions are reported to law enforcement daily.

(d) Every local law enforcement agency shall participate in the automated property
system as an individual agency or in conjunction with another agency or agencies to
provide the service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 15, 2016.
new text end

Sec. 5.

Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision
to read:


new text begin Subd. 1d. new text end

new text begin Fee schedule; audit; reports. new text end

new text begin (a) The city of Minneapolis may charge a
fee to a dealer for use of the automated property system required under subdivision 1c.
The fee is intended to cover the direct costs of operating and maintaining the system under
this section and section 168A.1501, subdivision 5. The fee may not exceed 72 cents per
transaction for the first four years of operation. Thereafter, the city may adjust the fee
schedule to reflect the ongoing, reasonable costs of operating and maintaining the system.
new text end

new text begin (b) The state auditor may examine the fee schedule and associated costs under
paragraph (a) at any time. The state auditor may bill the city of Minneapolis for the costs
of the examination pursuant to sections 6.56, 6.57, and 6.59.
new text end

new text begin (c) The city of Minneapolis shall report to the state auditor and chairs and ranking
minority members of the senate and house of representatives committees and divisions
having jurisdiction over commerce and criminal justice policy by January 15 of each
even-numbered year until January 15, 2020, and every four years thereafter. The report
shall include the following information on the automated property system: formula used
to determine or adjust the fee schedule, the direct costs of operating and maintaining the
system, and a summary of receipts and expenses incurred during the reporting period. The
report shall be combined with the report required under section 168A.1501, subdivision
5a, paragraph (c). Section 3.195 applies to this paragraph.
new text end

new text begin (d) For purposes of this subdivision, "transaction" means an entry into the automated
property system of a new record or records containing the information required under
subdivision 1b per seller.
new text end

Sec. 6.

Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 4, is
amended to read:


Subd. 4.

Registration required.

(a) Every scrap metal dealer shall register new text beginannually
new text end with deleted text beginand participate in the criminal alert network described in section deleted text endnew text begin the
commissioner
new text end. deleted text beginThe dealer shall ensure that the dealer's system for receiving incoming
deleted text enddeleted text beginnotices from the network is in proper working order and ready to receive incoming
deleted text enddeleted text beginnotices. The dealer shall check the system for incoming notices twice each day the
deleted text enddeleted text beginbusiness is open, once upon opening and then again before closing. The dealer shall
deleted text enddeleted text begininform all employees involved in the purchasing or receiving of scrap metal of alerts
deleted text enddeleted text beginreceived relating to scrap metal of the type that might be conceivably sold to the dealer. In
deleted text enddeleted text beginaddition, the dealer shall post copies of the alerts in a conspicuous location.
deleted text end

(b) The scrap metal dealer shall pay to the commissioner of public safety a $50
annual feenew text begin.new text end deleted text beginto participate in the criminal alert network and for the educational materials
described in section 299C.25.
deleted text end

deleted text begin (c) The commissioner shall notify the scrap metal dealer if a message sent to the
deleted text end deleted text begin dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's
deleted text end deleted text begin system. The dealer shall take action necessary to ensure that future messages are received.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end This subdivision expires deleted text beginJanuary 1, 2015deleted text endnew text begin February 15, 2016new text end.

Sec. 7.

Laws 2013, chapter 126, section 5, the effective date, is amended to read:


EFFECTIVE DATE.

Subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 14 are
effective August 1, 2013. Subdivision 13 is effective January 1, 2014. Subdivision 5 is
effective deleted text beginJanuary 1, 2015deleted text endnew text begin February 15, 2016new text end.

Sec. 8.

Laws 2013, chapter 126, section 10, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJanuary 1, 2015deleted text endnew text begin February 15, 2016new text end.

Sec. 9.

Laws 2013, chapter 126, section 11, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJanuary 1, 2015deleted text endnew text begin February 15, 2016new text end.

Sec. 10. new text beginENFORCEMENT; GRACE PERIOD.
new text end

new text begin The requirements of Minnesota Statutes, sections 168A.1501, subdivision 5; and
325E.21, subdivision 1c, may not be enforced until May 15, 2016.
new text end

Sec. 11. new text beginEFFECTIVE DATE; LOCAL APPROVAL.
new text end

new text begin Sections 2 and 5 are effective the day after the governing body of the city of
Minneapolis and its chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end