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SF 890

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:11am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to commerce; regulating the sale of catalytic converters to scrap metal
dealers; providing for criminal 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, 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, bona fide automobile recycling facility, or other person that can provide evidence of
legitimate removal to the scrap metal dealer under paragraph (b), in addition to the signed
statement required by subdivision 1b, paragraph (a), clause (6).
new text end

new text begin (b) Evidence of legitimate removal may include:
new text end

new text begin (1) photographic evidence that demonstrates the catalytic converter wasn't sawed or
pried off the applicable automobile;
new text end

new text begin (2) photographic evidence showing before and after removal of the catalytic converter,
together with the vehicle identification number of the applicable automobile; or
new text end

new text begin (3) evidence that a replacement catalytic converter was purchased for the applicable
automobile.
new text end

new text begin (c) A scrap metal dealer must make the information under paragraph (b) available for
examination by a law enforcement agency or a person who has reported theft of a catalytic
converter.
new text end

new text begin (d) 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 (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 the day following final enactment.
new text end

Sec. 2.

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


Subd. 6.

Criminal penalty.

new text begin (a) new text end A scrap metal dealer, or the agent, employee, or
representative of the dealer, who intentionally violates a provision of this section, is guilty
of a misdemeanor.

new text begin (b) It is a misdemeanor for a person other than a bona fide automobile repair shop or
automobile recycling facility to possess a used catalytic converter that is not attached to a
motor vehicle unless the person can provide evidence of legitimate removal as required
under subdivision 2b, paragraph (b). A person may, no later than the date and time specified
in the citation for the person's first court appearance, produce evidence of legitimate removal
of the catalytic converter. The required evidence of legitimate removal may be sent by mail
as long as it is received no later than the date and time specified in the citation for the person's
first court appearance. If a citation is issued, a person must not be convicted of violating
this paragraph if the court administrator receives the required evidence of legitimate removal
no later than the date and time specified in the citation for the person's first court appearance.
If the charge is made other than by citation, no person shall be convicted of violating this
paragraph if the person presents the required evidence of legitimate removal no later than
the person's first court appearance after the charge is made.
new text end

new text begin (c) A person who violates subdivision 11 is guilty of a misdemeanor.
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. 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 August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

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


Subd. 3.

Weapons, telephone cloning paraphernalia, automated sales suppression
devices, new text begin catalytic converters, new text end and 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, subdivision 6, paragraph (b), 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