as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to public safety; expanding an existing law enforcement tool regarding
record keeping of purchases by scrap metal dealers; requiring registration;
providing penalties; appropriating money; amending Minnesota Statutes 2006,
section 325E.21.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2006, section 325E.21, is amended to read:
Every deleted text begin person, firm or
corporationdeleted text end new text begin scrap metal dealernew text end , including an agent, employeenew text begin ,new text end or representative deleted text begin thereofdeleted text end new text begin of
the dealernew text end , deleted text begin engaging in the business of buying and selling wire and cable commonly and
customarily used by communication and electric utilitiesdeleted text end shall keep a record, in the English
language, legibly written in ink or typewriting, at the time of each purchase or acquisition,
an accurate account or description, including the weight if customarily purchased by
weight, of deleted text begin such wire and cable commonly and customarily used by communication
and electric utilitiesdeleted text end new text begin the scrap metalnew text end purchased or acquired, the date, timenew text begin ,new text end and place
of the receipt of the same, the name and address of the person selling or delivering the
same deleted text begin anddeleted text end new text begin , the number of the check used to purchase the scrap metal,new text end the number of the
driver's license of deleted text begin suchdeleted text end new text begin thenew text end personnew text begin , and the license plate number of the vehicle used by the
person when delivering the scrap metalnew text end . deleted text begin Suchdeleted text end new text begin Thenew text end record, as well as deleted text begin such wire and cable
commonly and customarily used by communication and electric utilitiesdeleted text end new text begin the scrap metalnew text end
purchased or received, shall at all reasonable times be open to the inspection of any deleted text begin sheriff
or deputy sheriff of the county, or of any police officer in any incorporated city or statutory
city, in which such business may be carried ondeleted text end new text begin law enforcement agencynew text end . deleted text begin Suchdeleted text end new text begin Thenew text end person
shall not be required to furnish or keep such record of any 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 deleted text begin suchdeleted text end new text begin thenew text end property shall be obtained and kept
by deleted text begin suchdeleted text end new text begin thenew text end person which must be shown upon demand to deleted text begin the sheriff or deputy sheriff
of the county, or to any police officer in any incorporated city or statutory city, in which
such business may be carried on. The provisions of this subdivision and of subdivision 2
shall not apply to or include any person, firm or corporation engaged exclusively in the
business of buying or selling motor vehicles, new or used, paper or wood products, rags or
furniture, secondhand machinerydeleted text end new text begin any law enforcement agencynew text end .
It shall be the duty of every deleted text begin suchdeleted text end
persondeleted text begin , firm or corporation defined indeleted text end new text begin that is subject tonew text end subdivision 1 deleted text begin hereof,deleted text end to make
out and to deliver or mail to the office of the sheriff of the county in which business is
conducted, not later than the second business day of each week, a legible and correct copy
of the record required in subdivision 1 of the entries during the preceding week. In the
event deleted text begin suchdeleted text end new text begin thenew text end persondeleted text begin , firm or corporationdeleted text end has not made any purchases or acquisitions
required to be recorded under subdivision 1 deleted text begin hereofdeleted text end during the preceding weeknew text begin ,new text end no report
need be submitted to the sheriff under this subdivision.
Records required to be maintained by deleted text begin subdivision
1 hereofdeleted text end new text begin subdivisions 1 and 5 new text end shall be retained by the person making them for a period
of three years.
new text begin
A scrap metal dealer shall pay for all scrap
metal purchases only by check. For purposes of this section, "check" means a check,
draft, or other negotiable or nonnegotiable order of withdrawal which is drawn against
funds held by a financial institution.
new text end
new text begin
(a) The scrap metal dealer shall install
and maintain at each licensed location video surveillance cameras or similar devices
positioned to record (1) a frontal view showing the face of each seller or prospective
seller of scrap metal who enters the licensed location; and (2) the seller's or prospective
seller's vehicle so that an accurate and complete description of it may be obtained from the
recordings made by the cameras. The video camera must be kept in operating condition.
The camera must record and display the accurate date and time. The video camera must
be turned on at all times when the licensed location is open for business and at any other
time when scrap metal is purchased.
new text end
new text begin
(b) If the scrap metal dealer does not purchase some or any scrap metal at a specific
business location, the dealer need not comply with this subdivision with respect to those
purchases.
new text end
new text begin
(a) Every scrap metal dealer doing business in
this state, whether or not the scrap metal dealer maintains a regular place of business in
this state, shall register with the commissioner of public safety as a scrap metal dealer on
a form prescribed by that commissioner.
new text end
new text begin
(b) The registration must include at least the scrap metal dealer's name, physical
location, contact information, and the types of scrap metal the dealer buys and sells.
new text end
new text begin
(c) The registration is valid for three years and must be accompanied by a registration
fee of $....... The fee must be deposited in the general fund.
new text end
new text begin
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(b) "Law enforcement agency" means a duly authorized municipal, county, state, or
federal law enforcement agency.
new text end
new text begin
(c) "Person" means an individual, partnership, limited partnership, limited liability
company, corporation, or other entity.
new text end
new text begin
(d) "Scrap metal" means:
new text end
new text begin
(1) wire and cable commonly and customarily used by communication and electric
utilities; and
new text end
new text begin
(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.
new text end
new text begin
(e) "Scrap metal dealer" or "dealer" means a person engaged in the business of
buying and selling scrap metal, but does not include a person engaged exclusively in
the business of buying or selling motor vehicles, new or used; paper or wood products;
rags or furniture; or secondhand machinery.
new text end
new text begin
This section is effective August 1, 2007.
new text end
new text begin
$....... is appropriated from the general fund to the commissioner of public safety for
fiscal years 2008 to 2009 for the purpose of section 1, subdivision 6.
new text end