Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3468 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to trade regulations; eliminating the license to sell scrap metal copper;
3	3	1.3 amending Minnesota Statutes 2024, section 325E.21, subdivision 1b; repealing
4	4	1.4 Minnesota Statutes 2024, section 325E.21, subdivision 2c.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 325E.21, subdivision 1b, is amended to read:
7	7	1.7 Subd. 1b.Purchase or acquisition record required.(a) Every scrap metal dealer,
8	8	1.8including an agent, employee, or representative of the dealer, shall create a record written
9	9	1.9in English, using an electronic record program at the time of each purchase or acquisition
10	10	1.10of scrap metal or a motor vehicle. The record must include:
11	11	1.11 (1) a complete and accurate account or description, including the weight if customarily
12	12	1.12purchased by weight, of the scrap metal or motor vehicle purchased or acquired;
13	13	1.13 (2) the date, time, and place of the receipt of the scrap metal or motor vehicle purchased
14	14	1.14or acquired and a unique transaction identifier;
15	15	1.15 (3) a photocopy or electronic scan of the seller's proof of identification including the
16	16	1.16identification number;
17	17	1.17 (4) the amount paid and the number of the check or electronic transfer used to purchase
18	18	1.18or acquire the scrap metal or motor vehicle;
19	19	1.19 (5) the license plate number and description of the vehicle used by the person when
20	20	1.20delivering the scrap metal or motor vehicle, including the vehicle make and model, and any
21	21	1.21identifying marks on the vehicle, such as a business name, decals, or markings, if applicable;
22	22	1Section 1.
23	23	25-05393 as introduced04/23/25 REVISOR RSI/ES
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 3468NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: LIESKE, Hoffman, Wesenberg, Rasmusson and Lang)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading04/30/2025
30	30	Referred to Commerce and Consumer Protection 2.1 (6) a statement signed by the seller, under penalty of perjury as provided in section
31	31	2.2609.48, attesting that the scrap metal or motor vehicle is not stolen and is free of any liens
32	32	2.3or encumbrances and the seller has the right to sell it;
33	33	2.4 (7) a copy of the receipt, which must include at least the following information: the name
34	34	2.5and address of the dealer, the date and time the scrap metal or motor vehicle was received
35	35	2.6by the dealer, an accurate description of the scrap metal or motor vehicle, and the amount
36	36	2.7paid for the scrap metal or motor vehicle; and
37	37	2.8 (8) the identity or identifier of the employee completing the transaction; and.
38	38	2.9 (9) if the seller is attempting to sell copper metal, a photocopy or electronic scan of the
39	39	2.10seller's:
40	40	2.11 (i) current license to sell scrap metal copper issued by the commissioner under subdivision
41	41	2.122c; or
42	42	2.13 (ii) the documentation used to support the seller being deemed to hold a license to sell
43	43	2.14scrap metal copper under subdivision 2c, paragraph (f), clauses (1) to (3).
44	44	2.15 (b) The record, as well as the scrap metal or motor vehicle purchased or acquired, shall
45	45	2.16at all reasonable times be open to the inspection of any properly identified law enforcement
46	46	2.17officer.
47	47	2.18 (c) Except for the purchase or acquisition of detached catalytic converters or motor
48	48	2.19vehicles, no record is required for property purchased or acquired from merchants,
49	49	2.20manufacturers, salvage pools, insurance companies, rental car companies, financial
50	50	2.21institutions, charities, dealers licensed under section 168.27, or wholesale dealers, having
51	51	2.22an established place of business, or of any goods purchased or acquired at open sale from
52	52	2.23any bankrupt stock, but a receipt as required under paragraph (a), clause (7), shall be obtained
53	53	2.24and kept by the person, which must be shown upon demand to any properly identified law
54	54	2.25enforcement officer.
55	55	2.26 (d) The dealer must provide a copy of the receipt required under paragraph (a), clause
56	56	2.27(7), to the seller in every transaction.
57	57	2.28 (e) The commissioner of public safety and law enforcement agencies in the jurisdiction
58	58	2.29where a dealer is located may conduct inspections and audits as necessary to ensure
59	59	2.30compliance, refer violations to the city or county attorney for criminal prosecution, and
60	60	2.31notify the registrar of motor vehicles.
61	61	2.32 (f) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent,
62	62	2.33employee, or representative may not disclose personal information concerning a customer
63	63	2Section 1.
64	64	25-05393 as introduced04/23/25 REVISOR RSI/ES 3.1without the customer's consent unless the disclosure is required by law or made in response
65	65	3.2to a request from a law enforcement agency. A scrap metal dealer must implement reasonable
66	66	3.3safeguards to protect the security of the personal information and prevent unauthorized
67	67	3.4access to or disclosure of the information. For purposes of this paragraph, "personal
68	68	3.5information" is any individually identifiable information gathered in connection with a
69	69	3.6record under paragraph (a).
70	70	3.7 Sec. 2. REPEALER.
71	71	3.8 Minnesota Statutes 2024, section 325E.21, subdivision 2c, is repealed.
72	72	3Sec. 2.
73	73	25-05393 as introduced04/23/25 REVISOR RSI/ES 325E.21 DEALERS IN SCRAP METAL; RECORDS, REPORTS, AND REGISTRATION.
74	74	Subd. 2c.License required for scrap metal copper sale.(a) Beginning January 1, 2025, a
75	75	person is prohibited from engaging in the sale of scrap metal copper unless the person has a valid
76	76	license issued by the commissioner under this subdivision.
77	77	(b) On the first Friday of the months of April and October of each calendar year, from 8:00 a.m.
78	78	to 5:00 p.m., a scrap metal dealer may purchase up to $25 of scrap metal copper from individuals
79	79	who do not have an approved license to sell scrap metal copper under this subdivision. All other
80	80	requirements of subdivision 1b apply and must be documented by the scrap metal dealer on the
81	81	dates specified in this paragraph.
82	82	(c) A seller of scrap metal copper may apply to the commissioner on a form prescribed by the
83	83	commissioner. The application form must include, at a minimum:
84	84	(1) the name, permanent address, telephone number, and date of birth of the applicant; and
85	85	(2) an acknowledgment that the applicant obtained the copper by lawful means in the regular
86	86	course of the applicant's business, trade, or authorized construction work.
87	87	(d) Each application must be accompanied by a nonrefundable fee of $250.
88	88	(e) Within 30 days of the date an application is received, the commissioner may require additional
89	89	information or submissions from an applicant and may obtain any document or information that is
90	90	reasonably necessary to verify the information contained in the application. Within 90 days after
91	91	the date a completed application is received, the commissioner must review the application and
92	92	issue a license if the applicant is deemed qualified under this section. The commissioner may issue
93	93	a license subject to restrictions or limitations. If the commissioner determines the applicant is not
94	94	qualified, the commissioner must notify the applicant and must specify the reason for the denial.
95	95	(f) A person is deemed to hold a license to sell scrap metal copper if the person holds one of
96	96	the following:
97	97	(1) a license to perform work pursuant to chapter 326B or section 103I.501;
98	98	(2) a document, certificate, or card of competency issued by a municipality to perform work in
99	99	a given trade or craft in the building trades. The document, certificate, or card must state that the
100	100	individual is authorized to sell scrap metal copper. This clause is effective January 1, 2025; or
101	101	(3) a Section 608 Technician Certification issued by the United States Environmental Protection
102	102	Agency.
103	103	(g) A license issued under this subdivision is valid for one year. To renew a license, an applicant
104	104	must submit a completed renewal application on a form prescribed by the commissioner and a
105	105	renewal fee of $250. The commissioner may request that a renewal applicant submit additional
106	106	information to clarify any new information presented in the renewal application. A renewal
107	107	application submitted after the renewal deadline must be accompanied by a nonrefundable late fee
108	108	of $500.
109	109	(h) The commissioner may deny a license renewal under this subdivision if:
110	110	(1) the commissioner determines that the applicant is in violation of or noncompliant with
111	111	federal or state law; or
112	112	(2) the applicant fails to timely submit a renewal application and the information required under
113	113	this subdivision.
114	114	(i) In lieu of denying a renewal application under paragraph (g), the commissioner may permit
115	115	the applicant to submit to the commissioner a corrective action plan to cure or correct deficiencies.
116	116	(j) The commissioner may suspend, revoke, or place on probation a license issued under this
117	117	subdivision if:
118	118	(1) the applicant engages in fraudulent activity that violates state or federal law;
119	119	(2) the commissioner receives consumer complaints that justify an action under this subdivision
120	120	to protect the safety and interests of consumers;
121	121	(3) the applicant fails to pay an application license or renewal fee; or
122	122	(4) the applicant fails to comply with a requirement established in this subdivision.
123	123	1R
124	124	APPENDIX
125	125	Repealed Minnesota Statutes: 25-05393 (k) This subdivision does not apply to transfers by or to an auctioneer who is in compliance
126	126	with chapter 330 and acting in the person's official role as an auctioneer to facilitate or conduct an
127	127	auction of scrap metal.
128	128	(l) The commissioner must enforce this subdivision under chapter 45.
129	129	2R
130	130	APPENDIX
131	131	Repealed Minnesota Statutes: 25-05393