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HF 3328

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 01:04pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2022

Current Version - as introduced

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A bill for an act
relating to commerce; authorizing the use of money in the automobile theft
prevention account for a database to track the sale of used catalytic converters;
requiring development and maintenance of a database to track used catalytic
converters; making the database available to law enforcement; appropriating
money; amending Minnesota Statutes 2020, sections 65B.84, subdivision 1;
325E.21, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 65B.84, subdivision 1, is amended to read:


Subdivision 1.

Program described; commissioner's duties; appropriation.

(a) The
commissioner of commerce shall:

(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;

(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;

(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;

(4) develop a plan of operation including:

(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;

(ii) an analysis of various methods of combating the problem of automobile theft;

(iii) a plan for providing financial support to combat automobile theft;

(iv) a plan for eliminating car hijacking; and

(v) an estimate of the funds required to implement the plan; and

(5) distribute money, in consultation with the commissioner of public safety, pursuant
to subdivision 3 from the automobile theft prevention special revenue account for automobile
theft prevention activities, including:

(i) paying the administrative costs of the program;

(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;

(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;

(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;

(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;

(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
deleted text begin and
deleted text end

(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciarydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (viii) paying for the database of catalytic converter sales established under section
325E.21, subdivision 9a.
new text end

(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2
.

(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
45.0135, subdivision 6.

Sec. 2.

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


new text begin Subd. 9a. new text end

new text begin Database of catalytic converter sales. new text end

new text begin (a) For the purpose of assisting criminal
justice agencies in the investigation and prosecution of criminal activity, the commissioner
must develop and maintain a database of information related to the sale of detached catalytic
converters to scrap metal dealers. The system consists of data required to be recorded
pursuant to subdivision 1b, paragraph (b). Data in the system must be submitted and
maintained as provided in this subdivision and must be accessible to law enforcement
agencies through a secure website.
new text end

new text begin (b) Every scrap metal dealer, including an agent, employee, or representative of the
dealer, must provide the information recorded pursuant to subdivision 1b, paragraph (b), to
the commissioner by transferring the information electronically pursuant to requirements
established by the commissioner. All required records must be transmitted completely and
accurately. Any transmission that does not meet the requirements established by the
commissioner must be corrected and resubmitted the next business day.
new text end

new text begin (c) Every scrap metal dealer must display a sign notifying patrons that all transactions
involving catalytic converters are reported to the commissioner and made available to law
enforcement. Signs must be at least 8-1/2 inches by 11 inches and be posted in a conspicuous
place in the premises. Lettering on the sign must be at least two inches high.
new text end

new text begin (d) Records submitted to the commissioner shall be retained and made available in the
database of catalytic converter sales for a period of three years.
new text end

new text begin (e) Data collected by the commissioner pursuant to this section are confidential data on
individuals as defined in section 13.02, subdivision 3, but are accessible to law enforcement
agencies as defined in section 626.84, subdivision 1, paragraph (f), and may be released to
criminal justice agencies as defined in section 13.02, subdivision 3a.
new text end

Sec. 3. new text beginCATALYTIC CONVERTER DATABASE; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the automobile theft prevention account
established under Minnesota Statutes, section 297I.11, subdivision 2, to the commissioner
of corrections to develop and maintain a database pursuant to Minnesota Statutes, section
325E.21, subdivision 9a. The base for this appropriation is $....... in fiscal year 2023 and
thereafter.
new text end