1.1Senator Marty moved to amend
S.F. No. 972 as follows:
1.2Page 57, after line 10, insert:
1.5 Section 1. Minnesota Statutes 2020, section 325E.21, subdivision 6, is amended to read:
1.6 Subd. 6.
Criminal penalty. (a) A scrap metal dealer, or the agent, employee, or
1.7representative of the dealer, who intentionally violates a provision of this section,
is guilty
1.8of a misdemeanor.
1.9(b) A person who violates subdivision 11 or 12 is guilty of a misdemeanor for possession
1.10or purchase of one catalytic converter and a gross misdemeanor for possession or purchase
1.11of two or more catalytic converters.
1.12EFFECTIVE DATE.This section is effective August 1, 2021, and applies to crimes
1.13committed on or after that date.
1.14 Sec. 2. Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
1.15read:
1.16 Subd. 11. Prohibition on possessing catalytic converters; exception. It is unlawful
1.17for any person to possess a used catalytic converter that is not attached to a motor
vehicle
1.18unless the converter is marked with the date the converter was removed from the vehicle
1.19and the vehicle identification number of the vehicle from which the converter was
removed
1.20or an alternative number to the vehicle identification number unless the converter
has been
1.21EPA certified for reuse as a replacement part. If an alternative number is used, it
must be
1.22under a numbering system that can be immediately linked to the vehicle identification
1.23number by law enforcement. This marking may be made in any permanent manner, including
1.24but not limited to an engraving or use of permanent ink. The marking must clearly
and
1.25legibly indicate the date removed and the vehicle identification number or the alternative
1.26number and the method by which law enforcement can link the converter to the vehicle
1.27identification number.
1.28EFFECTIVE DATE.This section is effective August 1, 2021, and applies to crimes
1.29committed on or after that date.
2.1 Sec. 3. Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
2.2read:
2.3 Subd. 12. Prohibition. An EPA compliant used catalytic converter may be sold as a
2.4vehicle repair part and can be sold to a person or business when the requirements
of
2.5subdivision 11 are met. When a used catalytic converter is not EPA compliant, it is
unlawful
2.6for any person other than a scrap metal dealer to purchase a used catalytic converter
unless
2.7it is attached to a motor vehicle.
2.8EFFECTIVE DATE.This section is effective August 1, 2021, and applies to crimes
2.9committed on or after that date.
2.10 Sec. 4. Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
2.11read:
2.12 Subd. 13. Purchase of catalytic converters. (a) It is unlawful for a scrap metal dealer
2.13to purchase a used catalytic converter not attached to a motor vehicle unless the
converter
2.14is marked as required under subdivision 11 and the seller provides a copy of the vehicle's
2.15title or registration in order to demonstrate the seller's ownership interest in the
property.
2.16(b) Notwithstanding paragraph (a), a scrap metal dealer may purchase a catalytic converter
2.17from a person possessing an old vehicle that is no longer registered and titled without
a
2.18copy of the registration or title, if the person has an affidavit from the local law
enforcement
2.19agency that the agency has verified the person's ownership prior to the removal of
the
2.20converter from the vehicle.
2.21(c) A scrap metal dealer who purchases a used catalytic converter not attached to
a motor
2.22vehicle must record the information received under this subdivision and subdivision
11 and
2.23make the information available upon request to law enforcement and effective beginning
2.24August 1, 2022, enter the information into an electronic database available to a law
2.25enforcement agency as approved by the commissioner of public safety.
2.26(d) A scrap metal dealer is prohibited from processing, selling, or removing a catalytic
2.27converter from the dealer's premises for at least seven days after the catalytic converter
2.28acquisition by the scrap metal dealer.
2.29(e) A payment for a catalytic converter must not be made until at least five days
after
2.30sale to the scrap metal dealer. Payment must be sent by check to the seller's address
or a
2.31bank account in the seller's name.
2.32EFFECTIVE DATE.This section is effective August 1, 2021, and applies to crimes
2.33committed on or after that date.
3.1 Sec. 5. Minnesota Statutes 2020, section 609.5316, subdivision 3, is amended to read:
3.2 Subd. 3.
Weapons, telephone cloning paraphernalia, automated sales suppression
3.3devices, catalytic converters, and bullet-resistant vests. Weapons used are contraband
3.4and must be summarily forfeited to the appropriate agency upon conviction of the weapon's
3.5owner or possessor for a controlled substance crime; for any offense of this chapter
or
3.6chapter 624, or for a violation of an order for protection under section
518B.01, subdivision
3.714. Bullet-resistant vests, as defined in section
609.486, worn or possessed during the
3.8commission or attempted commission of a crime are contraband and must be summarily
3.9forfeited to the appropriate agency upon conviction of the owner or possessor for
a controlled
3.10substance crime or for any offense of this chapter. Telephone cloning paraphernalia
used
3.11in a violation of section
609.894, and automated sales suppression devices, phantom-ware,
3.12and other devices containing an automated sales suppression or phantom-ware device
or
3.13software used in violation of section
289A.63, subdivision 12, are contraband and must be
3.14summarily forfeited to the appropriate agency upon a conviction.
A catalytic converter
3.15possessed in violation of section 325E.21 is contraband and must be summarily forfeited
3.16to the appropriate agency upon a conviction.
3.17EFFECTIVE DATE.This section is effective August 1, 2021, and applies to crimes
3.18committed on or after that date."
3.19Amend the title accordingly
3.20The motion prevailed. #did not prevail. So the amendment was #not adopted.