1.1 A bill for an act
1.2 relating to trade regulations; eliminating the license to sell scrap metal copper;
1.3 amending Minnesota Statutes 2024, section 325E.21, subdivision 1b; repealing
1.4 Minnesota Statutes 2024, section 325E.21, subdivision 2c.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 325E.21, subdivision 1b, is amended to read:
1.7 Subd. 1b.Purchase or acquisition record required.(a) Every scrap metal dealer,
1.8including an agent, employee, or representative of the dealer, shall create a record written
1.9in English, using an electronic record program at the time of each purchase or acquisition
1.10of scrap metal or a motor vehicle. The record must include:
1.11 (1) a complete and accurate account or description, including the weight if customarily
1.12purchased by weight, of the scrap metal or motor vehicle purchased or acquired;
1.13 (2) the date, time, and place of the receipt of the scrap metal or motor vehicle purchased
1.14or acquired and a unique transaction identifier;
1.15 (3) a photocopy or electronic scan of the seller's proof of identification including the
1.16identification number;
1.17 (4) the amount paid and the number of the check or electronic transfer used to purchase
1.18or acquire the scrap metal or motor vehicle;
1.19 (5) the license plate number and description of the vehicle used by the person when
1.20delivering the scrap metal or motor vehicle, including the vehicle make and model, and any
1.21identifying marks on the vehicle, such as a business name, decals, or markings, if applicable;
1Section 1.
25-05393 as introduced04/23/25 REVISOR RSI/ES
SENATE
STATE OF MINNESOTA
S.F. No. 3468NINETY-FOURTH SESSION
(SENATE AUTHORS: LIESKE, Hoffman, Wesenberg, Rasmusson and Lang)
OFFICIAL STATUSD-PGDATE
Introduction and first reading04/30/2025
Referred to Commerce and Consumer Protection 2.1 (6) a statement signed by the seller, under penalty of perjury as provided in section
2.2609.48, attesting that the scrap metal or motor vehicle is not stolen and is free of any liens
2.3or encumbrances and the seller has the right to sell it;
2.4 (7) a copy of the receipt, which must include at least the following information: the name
2.5and address of the dealer, the date and time the scrap metal or motor vehicle was received
2.6by the dealer, an accurate description of the scrap metal or motor vehicle, and the amount
2.7paid for the scrap metal or motor vehicle; and
2.8 (8) the identity or identifier of the employee completing the transaction; and.
2.9 (9) if the seller is attempting to sell copper metal, a photocopy or electronic scan of the
2.10seller's:
2.11 (i) current license to sell scrap metal copper issued by the commissioner under subdivision
2.122c; or
2.13 (ii) the documentation used to support the seller being deemed to hold a license to sell
2.14scrap metal copper under subdivision 2c, paragraph (f), clauses (1) to (3).
2.15 (b) The record, as well as the scrap metal or motor vehicle purchased or acquired, shall
2.16at all reasonable times be open to the inspection of any properly identified law enforcement
2.17officer.
2.18 (c) Except for the purchase or acquisition of detached catalytic converters or motor
2.19vehicles, no record is required for property purchased or acquired from merchants,
2.20manufacturers, salvage pools, insurance companies, rental car companies, financial
2.21institutions, charities, dealers licensed under section 168.27, or wholesale dealers, having
2.22an established place of business, or of any goods purchased or acquired at open sale from
2.23any bankrupt stock, but a receipt as required under paragraph (a), clause (7), shall be obtained
2.24and kept by the person, which must be shown upon demand to any properly identified law
2.25enforcement officer.
2.26 (d) The dealer must provide a copy of the receipt required under paragraph (a), clause
2.27(7), to the seller in every transaction.
2.28 (e) The commissioner of public safety and law enforcement agencies in the jurisdiction
2.29where a dealer is located may conduct inspections and audits as necessary to ensure
2.30compliance, refer violations to the city or county attorney for criminal prosecution, and
2.31notify the registrar of motor vehicles.
2.32 (f) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent,
2.33employee, or representative may not disclose personal information concerning a customer
2Section 1.
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
3.2to a request from a law enforcement agency. A scrap metal dealer must implement reasonable
3.3safeguards to protect the security of the personal information and prevent unauthorized
3.4access to or disclosure of the information. For purposes of this paragraph, "personal
3.5information" is any individually identifiable information gathered in connection with a
3.6record under paragraph (a).
3.7 Sec. 2. REPEALER.
3.8 Minnesota Statutes 2024, section 325E.21, subdivision 2c, is repealed.
3Sec. 2.
25-05393 as introduced04/23/25 REVISOR RSI/ES 325E.21 DEALERS IN SCRAP METAL; RECORDS, REPORTS, AND REGISTRATION.
Subd. 2c.License required for scrap metal copper sale.(a) Beginning January 1, 2025, a
person is prohibited from engaging in the sale of scrap metal copper unless the person has a valid
license issued by the commissioner under this subdivision.
(b) On the first Friday of the months of April and October of each calendar year, from 8:00 a.m.
to 5:00 p.m., a scrap metal dealer may purchase up to $25 of scrap metal copper from individuals
who do not have an approved license to sell scrap metal copper under this subdivision. All other
requirements of subdivision 1b apply and must be documented by the scrap metal dealer on the
dates specified in this paragraph.
(c) A seller of scrap metal copper may apply to the commissioner on a form prescribed by the
commissioner. The application form must include, at a minimum:
(1) the name, permanent address, telephone number, and date of birth of the applicant; and
(2) an acknowledgment that the applicant obtained the copper by lawful means in the regular
course of the applicant's business, trade, or authorized construction work.
(d) Each application must be accompanied by a nonrefundable fee of $250.
(e) Within 30 days of the date an application is received, the commissioner may require additional
information or submissions from an applicant and may obtain any document or information that is
reasonably necessary to verify the information contained in the application. Within 90 days after
the date a completed application is received, the commissioner must review the application and
issue a license if the applicant is deemed qualified under this section. The commissioner may issue
a license subject to restrictions or limitations. If the commissioner determines the applicant is not
qualified, the commissioner must notify the applicant and must specify the reason for the denial.
(f) A person is deemed to hold a license to sell scrap metal copper if the person holds one of
the following:
(1) a license to perform work pursuant to chapter 326B or section 103I.501;
(2) a document, certificate, or card of competency issued by a municipality to perform work in
a given trade or craft in the building trades. The document, certificate, or card must state that the
individual is authorized to sell scrap metal copper. This clause is effective January 1, 2025; or
(3) a Section 608 Technician Certification issued by the United States Environmental Protection
Agency.
(g) A license issued under this subdivision is valid for one year. To renew a license, an applicant
must submit a completed renewal application on a form prescribed by the commissioner and a
renewal fee of $250. The commissioner may request that a renewal applicant submit additional
information to clarify any new information presented in the renewal application. A renewal
application submitted after the renewal deadline must be accompanied by a nonrefundable late fee
of $500.
(h) The commissioner may deny a license renewal under this subdivision if:
(1) the commissioner determines that the applicant is in violation of or noncompliant with
federal or state law; or
(2) the applicant fails to timely submit a renewal application and the information required under
this subdivision.
(i) In lieu of denying a renewal application under paragraph (g), the commissioner may permit
the applicant to submit to the commissioner a corrective action plan to cure or correct deficiencies.
(j) The commissioner may suspend, revoke, or place on probation a license issued under this
subdivision if:
(1) the applicant engages in fraudulent activity that violates state or federal law;
(2) the commissioner receives consumer complaints that justify an action under this subdivision
to protect the safety and interests of consumers;
(3) the applicant fails to pay an application license or renewal fee; or
(4) the applicant fails to comply with a requirement established in this subdivision.
1R
APPENDIX
Repealed Minnesota Statutes: 25-05393 (k) This subdivision does not apply to transfers by or to an auctioneer who is in compliance
with chapter 330 and acting in the person's official role as an auctioneer to facilitate or conduct an
auction of scrap metal.
(l) The commissioner must enforce this subdivision under chapter 45.
2R
APPENDIX
Repealed Minnesota Statutes: 25-05393