Bill Text: MN HF2605 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Automated property system transaction fee schedule established, state auditor authorized to examine fee schedule, effective dates delayed for automated property system, and reports required.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 190 05/01/14 [HF2605 Detail]
Download: Minnesota-2013-HF2605-Engrossed.html
1.2relating to commerce; establishing a fee schedule for automated property system
1.3transactions; authorizing state auditor to examine fee schedule; delaying effective
1.4dates for automated property system; requiring reports;amending Minnesota
1.5Statutes 2012, section 325E.21, by adding a subdivision; Minnesota Statutes
1.62013 Supplement, sections 168A.1501, subdivision 5, by adding a subdivision;
1.7325E.21, subdivisions 1a, 1c, 4; Laws 2013, chapter 126, sections 5; 10; 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2013 Supplement, section 168A.1501, subdivision 5,
1.10is amended to read:
1.11 Subd. 5. Automated property system. (a) A scrap vehicle operator must
1.12completely and accurately provide all the record information required in subdivision 2 by
1.13transferring it from the operator's computer to the automated property system, by the close
1.14of business each day, using the interchange file specification format.
1.15(b) An operator who does not have an electronic point-of-sale program may
1.16request to be provided software by the automated property system to record the required
1.17information. If the operator uses a commercially available electronic point-of-sale
1.18program to record the information required in this section, it must submit the information
1.19using the interchange file specification format. Any record submitted by an operator
1.20that does not conform to the interchange file specification format must be corrected and
1.21resubmitted the next business day.No fees may be charged to an operator for use of the
1.22automated property system until such time as the legislature enacts a fee schedule.
1.23(c) An operator must display a sign of sufficient size, in a conspicuous place in the
1.24premises, which informs all patrons that transactions are reported to law enforcement daily.
2.1(d) Every local law enforcement agency shall participate in the automated property
2.2system as an individual agency or in conjunction with another agency or agencies to
2.3provide the service.
2.4(e) This subdivision does not apply to the purchase of a scrap vehicle by a used
2.5vehicle parts dealer licensed under section168.27 , for dismantling the vehicle for its parts.
2.6EFFECTIVE DATE.This section is effective February 15, 2016.
2.7 Sec. 2. Minnesota Statutes 2013 Supplement, section 168A.1501, is amended by
2.8adding a subdivision to read:
2.9 Subd. 5a. Fee schedule; audits; reports. (a) The city of Minneapolis may charge a
2.10fee to an operator for use of the automated property system required under subdivision 5.
2.11The fee is intended to cover the reasonable costs of operating and maintaining the system
2.12under this section and section 325E.21, subdivision 1c. The fee may not exceed 72 cents
2.13per transaction for the first four years of operation. Thereafter, the city may adjust the fee
2.14schedule to reflect the ongoing, reasonable costs of operating and maintaining the system.
2.15(b) The state auditor may examine the fee schedule and associated costs under
2.16paragraph (a) at any time. The state auditor may bill the city of Minneapolis for the costs
2.17of the examination pursuant to sections 6.56, 6.57, and 6.59.
2.18(c) The city of Minneapolis shall report to the state auditor and chairs and ranking
2.19minority members of the senate and house of representatives committees and divisions
2.20having jurisdiction over commerce and criminal justice policy by January 15 of each
2.21even-numbered year until January 15, 2020, and every four years thereafter. The report
2.22shall include the following information relating to the automated property system: the
2.23formula used to determine or adjust the fee schedule, the direct costs of operating and
2.24maintaining the system, and a summary of receipts and expenses incurred during the
2.25reporting period. The report shall be combined with the report required under section
2.26325E.21, subdivision 1d, paragraph (c). Section 3.195 applies to this paragraph.
2.27(d) For purposes of this subdivision, "transaction" means an entry into the automated
2.28property system of a new record or records containing the information required under
2.29subdivision 2 per seller.
2.30 Sec. 3. Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 1a, is
2.31amended to read:
2.32 Subd. 1a. Purchase or acquisition record required. (a) Every scrap metal dealer,
2.33including an agent, employee, or representative of the dealer, shall keep a written record at
2.34the time of each purchase or acquisition of scrap metal. The record must include:
3.1 (1) an accurate account or description, including the weight if customarily purchased
3.2by weight, of the scrap metal purchased or acquired;
3.3 (2) the date, time, and place of the receipt of the scrap metal purchased or acquired;
3.4 (3) the name and address of the person selling or delivering the scrap metal;
3.5 (4) the number of the check or electronic transfer used to purchase the scrap metal;
3.6 (5) the number of the seller's or deliverer's driver's license, Minnesota identification
3.7card number, or other identification document number of an identification document
3.8issued for identification purposes by any state, federal, or foreign government if the
3.9document includes the person's photograph, full name, birth date, and signature;
3.10 (6) the license plate number and description of the vehicle used by the person when
3.11delivering the scrap metal, and any identifying marks on the vehicle, such as a business
3.12name, decals, or markings, if applicable; and
3.13 (7) a statement signed by the seller, under penalty of perjury as provided in section
3.14609.48
, attesting that the scrap metal is not stolen and is free of any liens or encumbrances
3.15and the seller has the right to sell it.
3.16 (b) The record, as well as the scrap metal purchased or received, shall at all
3.17reasonable times be open to the inspection of any law enforcement agency.
3.18 (c) No record is required for property purchased from merchants, manufacturers or
3.19wholesale dealers, having an established place of business, or of any goods purchased
3.20at open sale from any bankrupt stock, but a bill of sale or other evidence of open or
3.21legitimate purchase of the property shall be obtained and kept by the person, which must
3.22be shown upon demand to any law enforcement agency.
3.23 (d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's
3.24agent, employee, or representative may not disclose personal information concerning a
3.25customer without the customer's consent unless the disclosure is made in response to a
3.26request from a law enforcement agency. A scrap metal dealer must implement reasonable
3.27safeguards to protect the security of the personal information and prevent unauthorized
3.28access to or disclosure of the information. For purposes of this paragraph, "personal
3.29information" is any individually identifiable information gathered in connection with a
3.30record under paragraph (a).
3.31(e) This subdivision expiresJanuary 1, 2015 February 15, 2016.
3.32 Sec. 4. Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 1c, is
3.33amended to read:
3.34 Subd. 1c. Automated property system. (a) Dealers must completely and accurately
3.35provide all the record information required in subdivision 1b by transferring it from their
4.1computer to the automated property system, by the close of business each day, using
4.2the interchange file specification format.
4.3(b) A dealer who does not have an electronic point-of-sale program may request to
4.4be provided software by the automated property system to record the required information.
4.5If the dealer uses a commercially available electronic point-of-sale program to record the
4.6information required in this section, it must submit the information using the interchange
4.7file specification format. Any record submitted by a dealer that does not conform to the
4.8interchange file specification format must be corrected and resubmitted the next business
4.9day.No fees may be charged to a dealer for use of the automated property system until
4.10such time as the legislature enacts a fee schedule.
4.11(c) A dealer must display a sign of sufficient size, in a conspicuous place in the
4.12premises, which informs all patrons that transactions are reported to law enforcement daily.
4.13(d) Every local law enforcement agency shall participate in the automated property
4.14system as an individual agency or in conjunction with another agency or agencies to
4.15provide the service.
4.16EFFECTIVE DATE.This section is effective February 15, 2016.
4.17 Sec. 5. Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision
4.18to read:
4.19 Subd. 1d. Fee schedule; audit; reports. (a) The city of Minneapolis may charge a
4.20fee to a dealer for use of the automated property system required under subdivision 1c.
4.21The fee is intended to cover the direct costs of operating and maintaining the system under
4.22this section and section 168A.1501, subdivision 5. The fee may not exceed 72 cents per
4.23transaction for the first four years of operation. Thereafter, the city may adjust the fee
4.24schedule to reflect the ongoing, reasonable costs of operating and maintaining the system.
4.25(b) The state auditor may examine the fee schedule and associated costs under
4.26paragraph (a) at any time. The state auditor may bill the city of Minneapolis for the costs
4.27of the examination pursuant to sections 6.56, 6.57, and 6.59.
4.28(c) The city of Minneapolis shall report to the state auditor and chairs and ranking
4.29minority members of the senate and house of representatives committees and divisions
4.30having jurisdiction over commerce and criminal justice policy by January 15 of each
4.31even-numbered year until January 15, 2020, and every four years thereafter. The report
4.32shall include the following information on the automated property system: formula used
4.33to determine or adjust the fee schedule, the direct costs of operating and maintaining the
4.34system, and a summary of receipts and expenses incurred during the reporting period. The
5.1report shall be combined with the report required under section 168A.1501, subdivision
5.25a, paragraph (c). Section 3.195 applies to this paragraph.
5.3(d) For purposes of this subdivision, "transaction" means an entry into the automated
5.4property system of a new record or records containing the information required under
5.5subdivision 1b per seller.
5.6 Sec. 6. Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 4, is
5.7amended to read:
5.8 Subd. 4. Registration required. (a) Every scrap metal dealer shall register annually
5.9 withand participate in the criminal alert network described in section
299A.61
5.10commissioner.The dealer shall ensure that the dealer's system for receiving incoming
5.11notices from the network is in proper working order and ready to receive incoming
5.12notices. The dealer shall check the system for incoming notices twice each day the
5.13business is open, once upon opening and then again before closing. The dealer shall
5.14inform all employees involved in the purchasing or receiving of scrap metal of alerts
5.15received relating to scrap metal of the type that might be conceivably sold to the dealer. In
5.16addition, the dealer shall post copies of the alerts in a conspicuous location.
5.17 (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
5.18annual fee.to participate in the criminal alert network and for the educational materials
5.19described in section
299C.25.
5.20(c) The commissioner shall notify the scrap metal dealer if a message sent to the
5.21dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's
5.22system. The dealer shall take action necessary to ensure that future messages are received.
5.23(d) (c) This subdivision expires January 1, 2015 February 15, 2016.
5.24 Sec. 7. Laws 2013, chapter 126, section 5, the effective date, is amended to read:
5.25EFFECTIVE DATE.Subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 14 are
5.26effective August 1, 2013. Subdivision 13 is effective January 1, 2014. Subdivision 5 is
5.27effectiveJanuary 1, 2015 February 15, 2016.
5.28 Sec. 8. Laws 2013, chapter 126, section 10, the effective date, is amended to read:
5.29EFFECTIVE DATE.This section is effectiveJanuary 1, 2015 February 15, 2016.
5.30 Sec. 9. Laws 2013, chapter 126, section 11, the effective date, is amended to read:
5.31EFFECTIVE DATE.This section is effectiveJanuary 1, 2015 February 15, 2016.
6.1 Sec. 10. ENFORCEMENT; GRACE PERIOD.
6.2The requirements of Minnesota Statutes, sections 168A.1501, subdivision 5; and
6.3325E.21, subdivision 1c, may not be enforced until May 15, 2016.
6.4 Sec. 11. EFFECTIVE DATE; LOCAL APPROVAL.
6.5Sections 2 and 5 are effective the day after the governing body of the city of
6.6Minneapolis and its chief clerical officer timely complete their compliance with Minnesota
6.7Statutes, section 645.021, subdivisions 2 and 3.
1.3transactions; authorizing state auditor to examine fee schedule; delaying effective
1.4dates for automated property system; requiring reports;amending Minnesota
1.5Statutes 2012, section 325E.21, by adding a subdivision; Minnesota Statutes
1.62013 Supplement, sections 168A.1501, subdivision 5, by adding a subdivision;
1.7325E.21, subdivisions 1a, 1c, 4; Laws 2013, chapter 126, sections 5; 10; 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2013 Supplement, section 168A.1501, subdivision 5,
1.10is amended to read:
1.11 Subd. 5. Automated property system. (a) A scrap vehicle operator must
1.12completely and accurately provide all the record information required in subdivision 2 by
1.13transferring it from the operator's computer to the automated property system, by the close
1.14of business each day, using the interchange file specification format.
1.15(b) An operator who does not have an electronic point-of-sale program may
1.16request to be provided software by the automated property system to record the required
1.17information. If the operator uses a commercially available electronic point-of-sale
1.18program to record the information required in this section, it must submit the information
1.19using the interchange file specification format. Any record submitted by an operator
1.20that does not conform to the interchange file specification format must be corrected and
1.21resubmitted the next business day.
1.22
1.23(c) An operator must display a sign of sufficient size, in a conspicuous place in the
1.24premises, which informs all patrons that transactions are reported to law enforcement daily.
2.1(d) Every local law enforcement agency shall participate in the automated property
2.2system as an individual agency or in conjunction with another agency or agencies to
2.3provide the service.
2.4(e) This subdivision does not apply to the purchase of a scrap vehicle by a used
2.5vehicle parts dealer licensed under section
2.6EFFECTIVE DATE.This section is effective February 15, 2016.
2.7 Sec. 2. Minnesota Statutes 2013 Supplement, section 168A.1501, is amended by
2.8adding a subdivision to read:
2.9 Subd. 5a. Fee schedule; audits; reports. (a) The city of Minneapolis may charge a
2.10fee to an operator for use of the automated property system required under subdivision 5.
2.11The fee is intended to cover the reasonable costs of operating and maintaining the system
2.12under this section and section 325E.21, subdivision 1c. The fee may not exceed 72 cents
2.13per transaction for the first four years of operation. Thereafter, the city may adjust the fee
2.14schedule to reflect the ongoing, reasonable costs of operating and maintaining the system.
2.15(b) The state auditor may examine the fee schedule and associated costs under
2.16paragraph (a) at any time. The state auditor may bill the city of Minneapolis for the costs
2.17of the examination pursuant to sections 6.56, 6.57, and 6.59.
2.18(c) The city of Minneapolis shall report to the state auditor and chairs and ranking
2.19minority members of the senate and house of representatives committees and divisions
2.20having jurisdiction over commerce and criminal justice policy by January 15 of each
2.21even-numbered year until January 15, 2020, and every four years thereafter. The report
2.22shall include the following information relating to the automated property system: the
2.23formula used to determine or adjust the fee schedule, the direct costs of operating and
2.24maintaining the system, and a summary of receipts and expenses incurred during the
2.25reporting period. The report shall be combined with the report required under section
2.26325E.21, subdivision 1d, paragraph (c). Section 3.195 applies to this paragraph.
2.27(d) For purposes of this subdivision, "transaction" means an entry into the automated
2.28property system of a new record or records containing the information required under
2.29subdivision 2 per seller.
2.30 Sec. 3. Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 1a, is
2.31amended to read:
2.32 Subd. 1a. Purchase or acquisition record required. (a) Every scrap metal dealer,
2.33including an agent, employee, or representative of the dealer, shall keep a written record at
2.34the time of each purchase or acquisition of scrap metal. The record must include:
3.1 (1) an accurate account or description, including the weight if customarily purchased
3.2by weight, of the scrap metal purchased or acquired;
3.3 (2) the date, time, and place of the receipt of the scrap metal purchased or acquired;
3.4 (3) the name and address of the person selling or delivering the scrap metal;
3.5 (4) the number of the check or electronic transfer used to purchase the scrap metal;
3.6 (5) the number of the seller's or deliverer's driver's license, Minnesota identification
3.7card number, or other identification document number of an identification document
3.8issued for identification purposes by any state, federal, or foreign government if the
3.9document includes the person's photograph, full name, birth date, and signature;
3.10 (6) the license plate number and description of the vehicle used by the person when
3.11delivering the scrap metal, and any identifying marks on the vehicle, such as a business
3.12name, decals, or markings, if applicable; and
3.13 (7) a statement signed by the seller, under penalty of perjury as provided in section
3.15and the seller has the right to sell it.
3.16 (b) The record, as well as the scrap metal purchased or received, shall at all
3.17reasonable times be open to the inspection of any law enforcement agency.
3.18 (c) No record is required for property purchased from merchants, manufacturers or
3.19wholesale dealers, having an established place of business, or of any goods purchased
3.20at open sale from any bankrupt stock, but a bill of sale or other evidence of open or
3.21legitimate purchase of the property shall be obtained and kept by the person, which must
3.22be shown upon demand to any law enforcement agency.
3.23 (d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's
3.24agent, employee, or representative may not disclose personal information concerning a
3.25customer without the customer's consent unless the disclosure is made in response to a
3.26request from a law enforcement agency. A scrap metal dealer must implement reasonable
3.27safeguards to protect the security of the personal information and prevent unauthorized
3.28access to or disclosure of the information. For purposes of this paragraph, "personal
3.29information" is any individually identifiable information gathered in connection with a
3.30record under paragraph (a).
3.31(e) This subdivision expires
3.32 Sec. 4. Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 1c, is
3.33amended to read:
3.34 Subd. 1c. Automated property system. (a) Dealers must completely and accurately
3.35provide all the record information required in subdivision 1b by transferring it from their
4.1computer to the automated property system, by the close of business each day, using
4.2the interchange file specification format.
4.3(b) A dealer who does not have an electronic point-of-sale program may request to
4.4be provided software by the automated property system to record the required information.
4.5If the dealer uses a commercially available electronic point-of-sale program to record the
4.6information required in this section, it must submit the information using the interchange
4.7file specification format. Any record submitted by a dealer that does not conform to the
4.8interchange file specification format must be corrected and resubmitted the next business
4.9day.
4.10
4.11(c) A dealer must display a sign of sufficient size, in a conspicuous place in the
4.12premises, which informs all patrons that transactions are reported to law enforcement daily.
4.13(d) Every local law enforcement agency shall participate in the automated property
4.14system as an individual agency or in conjunction with another agency or agencies to
4.15provide the service.
4.16EFFECTIVE DATE.This section is effective February 15, 2016.
4.17 Sec. 5. Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision
4.18to read:
4.19 Subd. 1d. Fee schedule; audit; reports. (a) The city of Minneapolis may charge a
4.20fee to a dealer for use of the automated property system required under subdivision 1c.
4.21The fee is intended to cover the direct costs of operating and maintaining the system under
4.22this section and section 168A.1501, subdivision 5. The fee may not exceed 72 cents per
4.23transaction for the first four years of operation. Thereafter, the city may adjust the fee
4.24schedule to reflect the ongoing, reasonable costs of operating and maintaining the system.
4.25(b) The state auditor may examine the fee schedule and associated costs under
4.26paragraph (a) at any time. The state auditor may bill the city of Minneapolis for the costs
4.27of the examination pursuant to sections 6.56, 6.57, and 6.59.
4.28(c) The city of Minneapolis shall report to the state auditor and chairs and ranking
4.29minority members of the senate and house of representatives committees and divisions
4.30having jurisdiction over commerce and criminal justice policy by January 15 of each
4.31even-numbered year until January 15, 2020, and every four years thereafter. The report
4.32shall include the following information on the automated property system: formula used
4.33to determine or adjust the fee schedule, the direct costs of operating and maintaining the
4.34system, and a summary of receipts and expenses incurred during the reporting period. The
5.1report shall be combined with the report required under section 168A.1501, subdivision
5.25a, paragraph (c). Section 3.195 applies to this paragraph.
5.3(d) For purposes of this subdivision, "transaction" means an entry into the automated
5.4property system of a new record or records containing the information required under
5.5subdivision 1b per seller.
5.6 Sec. 6. Minnesota Statutes 2013 Supplement, section 325E.21, subdivision 4, is
5.7amended to read:
5.8 Subd. 4. Registration required. (a) Every scrap metal dealer shall register annually
5.9 with
5.10commissioner.
5.11
5.12
5.13
5.14
5.15
5.16
5.17 (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
5.18annual fee.
5.19
5.20
5.21
5.22
5.23
5.24 Sec. 7. Laws 2013, chapter 126, section 5, the effective date, is amended to read:
5.25EFFECTIVE DATE.Subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 14 are
5.26effective August 1, 2013. Subdivision 13 is effective January 1, 2014. Subdivision 5 is
5.27effective
5.28 Sec. 8. Laws 2013, chapter 126, section 10, the effective date, is amended to read:
5.29EFFECTIVE DATE.This section is effective
5.30 Sec. 9. Laws 2013, chapter 126, section 11, the effective date, is amended to read:
5.31EFFECTIVE DATE.This section is effective
6.1 Sec. 10. ENFORCEMENT; GRACE PERIOD.
6.2The requirements of Minnesota Statutes, sections 168A.1501, subdivision 5; and
6.3325E.21, subdivision 1c, may not be enforced until May 15, 2016.
6.4 Sec. 11. EFFECTIVE DATE; LOCAL APPROVAL.
6.5Sections 2 and 5 are effective the day after the governing body of the city of
6.6Minneapolis and its chief clerical officer timely complete their compliance with Minnesota
6.7Statutes, section 645.021, subdivisions 2 and 3.
