HF 1466

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; prohibiting tampering with clock-hour meters on farm
tractors; prescribing a civil penalty and a private right of action; proposing
coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.165] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 325E.165 to
325E.167.
new text end

new text begin Subd. 2. new text end

new text begin Farm tractor. new text end

new text begin "Farm tractor" means a self-propelled vehicle that is
designed primarily for pulling or propelling agricultural machinery and implements and
used principally in the occupation or business of farming, including an implement of
husbandry, as defined in section 169.01, subdivision 55, that is self-propelled.
new text end

new text begin Subd. 3. new text end

new text begin Person. new text end

new text begin "Person" means an individual, firm, partnership, incorporated or
unincorporated association, or other legal or commercial entity.
new text end

Sec. 2.

new text begin [325E.166] CLOCK-HOUR METERS; PROHIBITED ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Tampering. new text end

new text begin No person shall, with intent to defraud, knowingly
tamper with, adjust, alter, change, set back, disconnect, or fail to connect the clock-hour
meter of a farm tractor, or cause any of the foregoing to occur to a clock-hour meter
of a farm tractor, so as to reflect fewer hours than the farm tractor has actually been in
operation.
new text end

new text begin Subd. 2. new text end

new text begin Operation with disconnected or nonfunctional meter. new text end

new text begin No person shall,
with intent to defraud, operate a farm tractor knowing that the clock-hour meter of the
farm tractor is disconnected or nonfunctional.
new text end

new text begin Subd. 3. new text end

new text begin Tampering device. new text end

new text begin No person shall advertise for sale, sell, use, or install
on any part of a farm tractor or on a clock-hour meter in a farm tractor a device that
causes the clock-hour meter to register any hours of operation other than the true hours of
operation that the clock-hour meter was designed to measure.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure. new text end

new text begin No person shall sell or offer for sale a farm tractor with
knowledge that the hours registered on the clock-hour meter have been altered so as to
reflect fewer hours than the farm tractor has actually been in operation, without disclosing
the fact to prospective purchasers.
new text end

new text begin Subd. 5. new text end

new text begin Conspiracy. new text end

new text begin No person shall conspire with another person to violate
this section.
new text end

Sec. 3.

new text begin [325E.167] PENALTY; RIGHT OF ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Civil penalty. new text end

new text begin A person who is found to have violated sections
325E.165 and 325E.166 is subject to the penalties in section 8.31.
new text end

new text begin Subd. 2. new text end

new text begin Private right of action. new text end

new text begin A person injured by a violation of sections
325E.165 and 325E.166 may recover the actual damages sustained together with costs
and disbursements, including reasonable attorney fees. The court, in its discretion, may
increase the award of damages to an amount not to exceed three times the actual damages
sustained or $1,500, whichever is greater. new text end