new text begin Subdivision 1. 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

new text begin (e) "Municipality" means any town, home rule charter or statutory city, or county
that has one or more scrap metal dealers within its jurisdiction.
new text end

new text begin (f) "Law enforcement agency" means a duly authorized municipal, county, state, or
federal law enforcement agency.
new text end

deleted text begin Subdivision 1. deleted text end new text begin Subd. 1a. new text end

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 anew text begin writtennew 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;
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 and description of the vehicle used by the person when
delivering the scrap metal, and any identifying marks on the vehicle, such as a business
name, decals, or markings, 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 made in response to a request from a law enforcement agency.
For purposes of this paragraph, "personal information" is any individually identifiable
information gathered in connection with a record under paragraph (a). Data collected by
a law enforcement agency under this paragraph are private data on individuals to the
extent that it would reveal the identity of persons who are customers of a scrap metal
dealer, and public data to the extent that it describes property in a regulated transaction
with a scrap metal dealer.
new text end

Subd. 2.

deleted text begin Sheriff's copy of record required. deleted text end

deleted text begin It shall be the duty of every such
person, firm or corporation defined in subdivision 1 hereof, 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 such person, firm
or corporation has not made any purchases or acquisitions required to be recorded under
subdivision 1 hereof during the preceding week no report need be submitted to the sheriff
under this subdivision.
deleted text end

deleted text begin Subd. 3. deleted text end

Retention required.

Records required to be maintained by subdivision
deleted text begin 1 hereofdeleted text end new text begin 1anew text end shall be retained by the person making them for a period of three years.

new text begin Subd. 3. 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 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. 4. new text end

new text begin Registration required. new text end

new text begin Every scrap metal dealer must register with, pay
an annual fee of $50 to, and actively participate in, the Minnesota Crime Alert Network
under the Minnesota Bureau of Criminal Apprehension. The scrap metal dealer also must
implement aggressive management practices to minimize the purchase of stolen materials.
Scrap processors should develop a training program for scale operators and receiving
personnel on how to identify suspicious materials.
new text end

new text begin Subd. 5. 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, without complying with this section, 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, is guilty of a gross misdemeanor.
new text end

new text begin Subd. 6. new text end

new text begin Exemption. new text end

new text begin A scrap metal dealer may purchase aluminum cans without
complying with subdivisions 1a to 4.
new text end

new text begin Subd. 7. new text end

new text begin Property held by law enforcement. new text end

new text begin (a) Whenever a law enforcement
official from any agency has reason to believe that property in the possession of a dealer is
stolen or is evidence of a crime and notifies a dealer not to sell an item, the item must not
be sold or removed from the premises. The investigative hold must be made within 72
hours and remains in effect for not more than 90 days from the date of initial notification,
or until the investigative order is canceled or an order to confiscate is issued, whichever
comes first.
new text end

new text begin (b) If an item is identified as stolen or evidence in a criminal case, the law
enforcement official may:
new text end

new text begin (1) physically confiscate and remove it from the dealer, pursuant to a written order
from the law enforcement official; or
new text end

new text begin (2) place the item on hold or extend the hold as provided in this section and leave
it in the shop.
new text end

new text begin (c) When an item is confiscated, the person doing so shall provide identification
upon request of the dealer, and shall provide the dealer the name and telephone number of
the confiscating agency and investigator, and the case number related to the confiscation.
new text end

new text begin (d) A dealer may request confiscated property be returned in accordance with
section 626.04.
new text end

new text begin (e) When an order to hold or confiscate is no longer necessary, the law enforcement
official shall so notify the dealer.
new text end