1.1    .................... moves to amend H. F. No. 457, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 325E.21, is amended to read:
1.4325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS
1.5AND, REPORTS, AND REGISTRATION.
1.6    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
1.7this subdivision have the meanings given.
1.8    (b) "Person" means an individual, partnership, limited partnership, limited liability
1.9company, corporation, or other entity.
1.10    (c) "Scrap metal" means:
1.11    (1) wire and cable commonly and customarily used by communication and electric
1.12utilities; and
1.13    (2) copper, aluminum, or any other metal purchased primarily for its reuse or
1.14recycling value as raw metal, including metal that is combined with other materials
1.15at the time of purchase.
1.16    (d) "Scrap metal dealer" or "dealer" means a person engaged in the business of
1.17buying and selling scrap metal, but does not include a person engaged exclusively in the
1.18business of buying or selling new or used motor vehicles or motor vehicle parts, paper or
1.19wood products, rags or furniture, or secondhand machinery.
1.20    (e) "Municipality" means any town, home rule charter or statutory city, or county
1.21that has one or more scrap metal dealers within its jurisdiction.
1.22    (f) "Law enforcement agency" means a duly authorized municipal, county, state, or
1.23federal law enforcement agency.
1.24    Subdivision 1. Subd. 1a. Purchase or acquisition record required. (a) Every
1.25person, firm or corporation scrap metal dealer, including an agent, employee, or
1.26representative thereof of the dealer, engaging in the business of buying and selling wire
2.1and cable commonly and customarily used by communication and electric utilities shall
2.2keep a written record, in the English language, legibly written in ink or typewriting, at the
2.3time of each purchase or acquisition, of scrap metal. The record must include:
2.4    (1) an accurate account or description, including the weight if customarily purchased
2.5by weight, of such wire and cable commonly and customarily used by communication and
2.6electric utilities the scrap metal purchased or acquired,;
2.7    (2) the date, time, and place of the receipt of the same,;
2.8    (3) the name and address of the person selling or delivering the same and;
2.9    (4) the number of the check used to purchase the scrap metal;
2.10    (5) the number of the person's driver's license of such person, Minnesota
2.11identification card number, or other identification document number of an identification
2.12document issued for identification purposes by any state, federal, or foreign government if
2.13the document includes the applicant's photograph, full name, birth date, and signature; and
2.14    (6) the license plate number and description of the vehicle used by the person when
2.15delivering the scrap metal, and any identifying marks on the vehicle, such as a business
2.16name, decals, or markings, if applicable.
2.17    Such (b) The record, as well as such wire and cable commonly and customarily used
2.18by communication and electric utilities the scrap metal purchased or received, shall at all
2.19reasonable times be open to the inspection of any sheriff or deputy sheriff of the county,
2.20or of any police officer in any incorporated city or statutory city, in which such business
2.21may be carried on law enforcement agency.
2.22    Such (c) The person shall not be required to furnish or keep such record of any
2.23property purchased from merchants, manufacturers or wholesale dealers, having an
2.24established place of business, or of any goods purchased at open sale from any bankrupt
2.25stock, but a bill of sale or other evidence of open or legitimate purchase of such the
2.26property shall be obtained and kept by such the person which must be shown upon demand
2.27to the sheriff or deputy sheriff of the county, or to any police officer in any incorporated
2.28city or statutory city, in which such business may be carried on. The provisions of
2.29this subdivision and of subdivision 2 shall not apply to or include any person, firm or
2.30corporation engaged exclusively in the business of buying or selling motor vehicles,
2.31new or used, paper or wood products, rags or furniture, secondhand machinery any law
2.32enforcement agency.
2.33    (d) Except as otherwise provided in this section, a scrap metal dealer may not
2.34disclose personal information concerning a customer without the customer's consent
2.35unless the disclosure is made in response to a request from a law enforcement agency.
2.36For purposes of this paragraph, "personal information" is any individually identifiable
3.1information gathered in connection with a record under paragraph (a). Data collected by
3.2a law enforcement agency under this paragraph are private data on individuals to the
3.3extent that it would reveal the identity of persons who are customers of a scrap metal
3.4dealer, and public data to the extent that it describes property in a regulated transaction
3.5with a scrap metal dealer.
3.6    Subd. 2. Sheriff's copy of record required. It shall be the duty of every such
3.7person, firm or corporation defined in subdivision 1 hereof, to make out and to deliver or
3.8mail to the office of the sheriff of the county in which business is conducted, not later than
3.9the second business day of each week, a legible and correct copy of the record required
3.10in subdivision 1 of the entries during the preceding week. In the event such person, firm
3.11or corporation has not made any purchases or acquisitions required to be recorded under
3.12subdivision 1 hereof during the preceding week no report need be submitted to the sheriff
3.13under this subdivision.
3.14    Subd. 3. Retention required. Records required to be maintained by subdivision
3.151 hereof 1a shall be retained by the person making them for a period of three years.
3.16    Subd. 3. Payment by check required. A scrap metal dealer shall pay for all scrap
3.17metal purchases only by check. For purposes of this section, "check" means a check,
3.18draft, or other negotiable or nonnegotiable order of withdrawal which is drawn against
3.19funds held by a financial institution.
3.20    Subd. 4. Video security cameras required. (a) The scrap metal dealer shall install
3.21and maintain at each licensed location video surveillance cameras, still digital cameras,
3.22or similar devices positioned to record or photograph a frontal view showing the face of
3.23each seller or prospective seller of scrap metal who enters the licensed location. The scrap
3.24metal dealer shall also photograph the seller's or prospective seller's vehicle, including
3.25license plate, either by video camera or still digital camera, so that an accurate and
3.26complete description of it may be obtained from the recordings made by the cameras. The
3.27video camera or still digital camera must be kept in operating condition. The camera must
3.28record and display the accurate date and time. The video camera must be turned on at
3.29all times when the licensed location is open for business and at any other time when
3.30scrap metal is purchased.
3.31    (b) If the scrap metal dealer does not purchase some or any scrap metal at a specific
3.32business location, the dealer need not comply with this subdivision with respect to those
3.33purchases.
3.34    Subd. 5. Registration required. Every scrap metal dealer must register with, pay
3.35an annual fee of $50 to, and actively participate in, the Minnesota Crime Alert Network
4.1under the Minnesota Bureau of Criminal Apprehension. The scrap metal dealer also must
4.2implement aggressive management practices to minimize the purchase of stolen materials.
4.3Scrap processors should develop a training program for scale operators and receiving
4.4personnel on how to identify suspicious materials.
4.5    Subd. 6. Criminal penalty. A scrap metal dealer, or the agent, employee, or
4.6representative of the dealer, who, without complying with this section, buys or receives
4.7any scrap metal that the dealer knows or reasonably should know is ordinarily used by or
4.8ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water or
4.9electric company, utility, or county, city, or other political subdivision of this state engaged
4.10in furnishing public utility service, is guilty of a gross misdemeanor.
4.11    Subd. 7. Exemption. A scrap metal dealer may purchase aluminum cans without
4.12complying with subdivisions 1a to 5.
4.13    Subd. 8. Property held by law enforcement (a) Whenever a law enforcement
4.14official from any agency has reason to believe that property in the possession of a dealer is
4.15stolen or is evidence of a crime and notifies a dealer not to sell an item, the item must not be
4.16sold or removed from the premises. The investigative hold must be confirmed through the
4.17automated pawn system by the originating agency within 72 hours and remains in effect
4.18for not more than 90 days from the date of initial notification, or until the investigative
4.19order is canceled, or until an order to confiscate is issued, whichever comes first.
4.20    (b) If an item is identified as stolen or evidence in a criminal case, the law
4.21enforcement official may:
4.22    (1) physically confiscate and remove it from the dealer, pursuant to a written order
4.23from the law enforcement official; or
4.24    (2) place the item on hold or extend the hold as provided in this section and leave
4.25it in the shop.
4.26    (c) When an item is confiscated, the person doing so shall provide identification
4.27upon request of the dealer, and shall provide the dealer the name and telephone number of
4.28the confiscating agency and investigator, and the case number related to the confiscation.
4.29    (d) A dealer may request confiscated property be returned in accordance with
4.30section 626.04.
4.31    (e) When an order to hold or confiscate is no longer necessary, the law enforcement
4.32official shall so notify the dealer.
4.33EFFECTIVE DATE.This section is effective August 1, 2007.

4.34    Sec. 2. [609.593] DAMAGE OR THEFT TO ENERGY TRANSMISSION OR
4.35TELECOMMUNICATIONS EQUIPMENT.
5.1    Subdivision 1. Crime. Whoever intentionally and without consent from one
5.2authorized to give consent causes any damage or takes, removes, severs, or breaks:
5.3    (1) any line erected or maintained for the purpose of transmitting electricity for
5.4light, heat, or power, or any insulator or cross-arm, appurtenance or apparatus connected
5.5therewith, any wire, cable, or current thereof;
5.6    (2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained
5.7for the purpose of transporting, conveying, or distributing gas or other hazardous liquids
5.8for light, heat, power, or any other purpose, or any part thereof, or any valve, meter,
5.9holder, compressor, machinery, appurtenance, equipment, or apparatus connected with any
5.10such main or pipeline; or
5.11    (3) any machinery, equipment, and fixtures used in receiving, initiating,
5.12amplifying, processing, transmitting, retransmitting, recording, switching, or monitoring
5.13telecommunications services, such as computers, transformers, amplifiers, routers,
5.14repeaters, multiplexers, and other items performing comparable functions; and machinery,
5.15equipment, and fixtures used in the transportation of telecommunications services,
5.16radio transmitters and receivers, satellite equipment, microwave equipment, and other
5.17transporting media including wire, cable, fiber, poles, and conduit;
5.18is guilty of a crime and may be sentenced as provided in subdivision 2.
5.19    Subd. 2. Penalty. Whoever violates subdivision 1 is guilty of a felony and may
5.20be sentenced to imprisonment for not more than five years or to payment of a fine of
5.21not more than $10,000, or both.

5.22    Sec. 3. EFFECTIVE DATE; APPLICATION.
5.23    Section 2 is effective August 1, 2007, and applies to crimes committed on or after
5.24that date."
5.25Renumber the sections in sequence and correct the internal references
5.26Amend the title accordingly