Subdivision 1.

Purchase or acquisition record required.

new text begin (a) new text end 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 new text begin written new text end recorddeleted text begin , in
the English language, legibly written in ink or typewriting,deleted text end at the time of each purchase
or acquisitiondeleted text begin ,deleted text end new text begin of scrap metal. The record must include:
new text end

new text begin (1) new text end 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 acquireddeleted text begin ,deleted text end new text begin ;
new text end

new text begin (2) new text end the date, timenew text begin ,new text end and place of the receipt of the samedeleted text begin ,deleted text end new text begin ;
new text end

new text begin (3) new text end the name and address of the person selling or delivering the same deleted text begin anddeleted text end new text begin ;
new text end

new text begin (4) the number of the check used to purchase the scrap metal, if applicable;
new text end

new text begin (5)new text end the number of the new text begin person's new text end driver's license deleted text begin of such persondeleted text end new text begin , Minnesota
identification card number, or other identification document number of an identification
document issued for identification purposes by any state, federal, or foreign government if
the document includes the applicant's photograph, full name, birth date, and signature; and
new text end

new text begin (6) the license plate number of the vehicle used by the person when delivering the
scrap metal, if applicablenew text end .

deleted text begin Suchdeleted text end new text begin (b) 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 (c) 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 .

new text begin (d) Except as otherwise provided in this section, a scrap metal dealer may not
disclose personal information concerning a customer without the customer's consent
unless the disclosure is permitted or required by another law or is in response to a
facially valid administrative or judicial order, including a search warrant or subpoena.
For purposes of this paragraph, "personal information" is any individually identifiable
information gathered in connection with a record under paragraph (a).
new text end

Subd. 2.

Sheriff's copy of record required.

new text begin (a) new 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.

new text begin (b) The duty imposed by paragraph (a) may be discharged by a person submitting
the record electronically by means of an automated reporting system.
new text end

new text begin Subd. 2a. new text end

new text begin Holding periods. new text end

new text begin (a) A scrap metal dealer may not sell any scrap
metal purchased or acquired until five business days after the record of that purchase or
acquisition was transmitted to the sheriff under subdivision 2, paragraph (b).
new text end

new text begin (b) A scrap metal dealer may not sell any scrap metal purchased or acquired until ten
business days after the record of that purchase or acquisition was delivered or mailed to
the sheriff under subdivision 2, paragraph (a).
new text end

Subd. 3.

Retention required.

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 Subd. 4. new text end

new text begin Payment by check required. new text end

new text begin A scrap metal dealer shall pay for all scrap
metal purchases of $75 or more 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 Subd. 5. new text end

new text begin Video security cameras required. 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 Subd. 6. new text end

new text begin Registration required. 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) To be eligible for or to maintain a scrap metal dealer registration, a person must
operate lawfully within the purposes of this section and the applicable local ordinance and:
new text end

new text begin (1) may not be a minor at the time that the application for a scrap metal dealer
registration is filed; and
new text end

new text begin (2) may not have been convicted of any crime directly related to the occupation
licensed as prescribed by section 364.03, subdivision 2, unless the person has shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties of
a registrant under this section as prescribed by section 364.03, subdivision 3.
new text end

new text begin (c) Any change, directly or beneficially, in the ownership of any registered scrap
metal dealer shall require the application for a new registration and the new owner must
satisfy all current eligibility requirements.
new text end

new text begin (d) 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 (e) The registration is valid for three years and must be accompanied by a registration
fee of $....... The fee must be deposited in the special revenue fund.
new text end

new text begin Subd. 7. new text end

new text begin Criminal penalty. new text end

new text begin A scrap metal dealer, or the agent, employee, or
representative of the dealer, who buys or receives any scrap metal that the dealer knows or
reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other
transportation, telephone, telegraph, gas, water or electric company, utility, or county, city,
or other political subdivision of this state engaged in furnishing public utility service;
without using due diligence to ascertain that the person selling or delivering the same has
a legal right to do so, is guilty of a gross misdemeanor.
new text end

new text begin Subd. 8. new text end

new text begin Exemption. new text end

new text begin A scrap metal dealer may purchase aluminum cans without
complying with the holding period requirements of subdivision 2a.
new text end

new text begin Subd. 9. new text end

new text begin Definitions. 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) "Person" means an individual, partnership, limited partnership, limited liability
company, corporation, or other entity.
new text end

new text begin (c) "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 (d) "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 new or used motor vehicles or motor vehicle parts; paper or
wood products; rags or furniture; or secondhand machinery.
new text end