Manufacturers excluded from licensing requirement to sell scrap metal copper.

A bill for an act

relating to commerce; excluding manufacturers from licensing requirement to sell

scrap metal copper; amending Minnesota Statutes 2024, section 325E.21,

subdivision 2c.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 325E.21, subdivision 2c, is amended to read:

Subd. 2c.

License required for scrap metal copper sale.

(a)
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Beginning January 1,

2025,
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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
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. This clause is effective

January 1, 2025
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; 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.

(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.

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(l) This subdivision does not apply to manufacturers. For purposes of this subdivision,

"manufacturer" means a person who creates or produces a product or whose brand name is

affixed to the product.

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(l)
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(m)
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The commissioner must enforce this subdivision under chapter 45.