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SF 21

as introduced - 91st Legislature, 2020 5th Special Session (2020 - 2020) Posted on 10/16/2020 08:48am

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

Current Version - as introduced

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A bill for an act
relating to commerce; regulating the sale of catalytic converters to scrap metal
dealers; amending Minnesota Statutes 2018, section 325E.21, subdivision 1, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2018, section 325E.21, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county,
state, or federal law enforcement agency.

(c) "Person" means an individual, partnership, limited partnership, limited liability
company, corporation, or other entity.

(d) "Scrap metal" means:

(1) wire and cable commonly and customarily used by communication and electric
utilities; and

(2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling
value as raw metal, including metal that is combined with other materials at the time of
purchase, but does not include a scrap vehicle as defined in section 168A.1501, subdivision
1.

(e) "Scrap metal dealer" or "dealer" means a person engaged in the business of buying
or selling scrap metal, or both.

The terms do not include a person engaged exclusively in the business of buying or selling
new or used motor vehicles, paper or wood products, rags or furniture, or secondhand
machinery.

(f) "Seller" means any seller, prospective seller, or agent of the seller.

(g) "Proof of identification" means a driver's license, Minnesota identification card
number, or other 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.

new text begin (h) "Verifiable documentation" means written evidence of ownership that may be verified,
including but not limited to receipts, bills of sale, titles, certificates of title, purchase
agreements, shipping manifests, or work orders.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 325E.21, is amended by adding a subdivision to
read:


new text begin Subd. 2b. 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 catalytic converter from any person other than a bona fide automobile repair
shop, automobile recycling facility, or other lawful source that recovers catalytic converters
in the ordinary course of business.
new text end

new text begin (b) A seller of a catalytic converter under paragraph (a) must provide the scrap metal
dealer a copy of verifiable documentation that the seller is the owner of the catalytic
converter.
new text end

new text begin (c) A scrap metal dealer is prohibited from processing, selling, or removing a catalytic
converter from its premises for at least 14 days after its acquisition by the scrap metal dealer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 325E.21, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Prohibition. new text end

new text begin It is unlawful for any person other than a scrap metal dealer to
purchase a used catalytic converter unless it is attached to a motor vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end