HF 3857

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 05:44pm

A bill for an act
relating to public safety; providing technical amendments for scrap metal dealer
record-keeping and marking requirements for purchase or acquisition of catalytic
converters; amending Minnesota Statutes 2023 Supplement, section 325E.21,
subdivisions 1b, 11.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 325E.21, subdivision 1b, is
amended to read:

Subd. 1b.

Purchase or acquisition record required.

(a) Every scrap metal dealer,
including an agent, employee, or representative of the dealer, shall create a deleted text begin permanent deleted text end record
written in English, using an electronic record program at the time of each purchase or
acquisition of scrap metal or a motor vehicle. The record must include:

(1) a complete and accurate account or description, including the weight if customarily
purchased by weight, of the scrap metal or motor vehicle purchased or acquired;

(2) the date, time, and place of the receipt of the scrap metal or motor vehicle purchased
or acquired and a unique transaction identifier;

(3) a photocopy or electronic scan of the seller's proof of identification including the
identification number;

(4) the amount paid and the number of the check or electronic transfer used to purchase
or acquire the scrap metal or motor vehicle;

(5) the license plate number and description of the vehicle used by the person when
delivering the scrap metal or motor vehicle, including the vehicle make and model, and any
identifying marks on the vehicle, such as a business name, decals, or markings, if applicable;

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

(7) a copy of the receipt, which must include at least the following information: the name
and address of the dealer, the date and time the scrap metal or motor vehicle was received
by the dealer, an accurate description of the scrap metal or motor vehicle, and the amount
paid for the scrap metal or motor vehicle; new text begin and
new text end

deleted text begin (8) in order to purchase or acquire a detached catalytic converter, the vehicle identification
number of the car it was removed from or, as an alternative, any numbers, bar codes, stickers,
or other unique markings, whether resulting from the pilot project created under subdivision
2b or some other source. The alternative number must be under a numbering system that
can be immediately linked to the vehicle identification number by law enforcement; and
deleted text end

deleted text begin (9) deleted text end new text begin (8) new text end the identity or identifier of the employee completing the transaction.

(b) The record, as well as the scrap metal or motor vehicle purchased or acquired, shall
at all reasonable times be open to the inspection of any properly identified law enforcement
officer.

(c) Except for the purchase or acquisition of detached catalytic converters or motor
vehicles, no record is required for property purchased or acquired from merchants,
manufacturers, salvage pools, insurance companies, rental car companies, financial
institutions, charities, dealers licensed under section 168.27, or wholesale dealers, having
an established place of business, or of any goods purchased or acquired at open sale from
any bankrupt stock, but a receipt as required under paragraph (a), clause (7), shall be obtained
and kept by the person, which must be shown upon demand to any properly identified law
enforcement officer.

(d) The dealer must provide a copy of the receipt required under paragraph (a), clause
(7), to the seller in every transaction.

(e) The commissioner of public safety and law enforcement agencies in the jurisdiction
where a dealer is located may conduct inspections and audits as necessary to ensure
compliance, refer violations to the city or county attorney for criminal prosecution, and
notify the registrar of motor vehicles.

(f) 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 required by law or 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 2023 Supplement, section 325E.21, subdivision 11, is amended
to read:

Subd. 11.

Prohibition on possessing catalytic converters; exception.

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

(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 deleted text begin an
alternative number to the vehicle identification number deleted text end new text begin , as an alternative to the vehicle
identification number, any numbers, bar codes, stickers, or other unique markings, whether
resulting from the pilot project created under subdivision 2b or some other source new text end ; or

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

(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 vehicle identification or 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.