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HF 1825

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/07/2015 12:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/12/2015
1st Engrossment Posted on 03/25/2015
2nd Engrossment Posted on 04/07/2015

Current Version - 2nd Engrossment

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A bill for an act
relating to taxation; sales and use; providing criminal penalties for use of
automated sales suppression devices; amending Minnesota Statutes 2014, section
609.5316, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 609.

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

Section 1.

Minnesota Statutes 2014, section 609.5316, subdivision 3, is amended to read:


Subd. 3.

Weapons, telephone cloning paraphernalia, new text begin automated sales
suppression devices,
new text end and bullet-resistant vests.

Weapons used are contraband and
must be summarily forfeited to the appropriate agency upon conviction of the weapon's
owner or possessor for a controlled substance crime; for any offense of this chapter
or chapter 624, or for a violation of an order for protection under section 518B.01,
subdivision 14
. Bullet-resistant vests, as defined in section 609.486, worn or possessed
during the commission or attempted commission of a crime are contraband and must be
summarily forfeited to the appropriate agency upon conviction of the owner or possessor
for a controlled substance crime or for any offense of this chapter. Telephone cloning
paraphernalia used in a violation of section 609.894new text begin , and automated sales suppression
devices, phantom-ware, and other devices containing an automated sales suppression or
phantom-ware device or software used in violation of section 609.858,
new text end are contraband and
must be summarily forfeited to the appropriate agency upon a conviction.

Sec. 2.

new text begin [609.858] USE OF AUTOMATED SALES SUPPRESSION DEVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Automated sales suppression device" or "zapper" means a software program,
carried on any tangible medium, or accessed through any other means, that falsifies the
electronic records of electronic cash registers and other point-of-sale systems including,
but not limited to, transaction data and transaction reports.
new text end

new text begin (c) "Electronic cash register" means a device that keeps a register or supporting
documents through the means of an electronic device or computer system designed to
record transaction data for the purpose of computing, compiling, or processing retail
sales transaction data in whatever manner.
new text end

new text begin (d) "Phantom-ware" means hidden preinstalled, or later-installed programming
option embedded in the operating system of an electronic cash register or hardwired
into the electronic cash register that can be used to create a virtual second electronic
cash register or may eliminate or manipulate transaction records that may or may not be
preserved in digital formats to represent the true or manipulated record of transactions in
the electronic cash register.
new text end

new text begin (e) "Transaction data" includes items purchased by a customer, the price of each
item, the taxability determination for each item, a segregated tax amount for each of
the taxed items, the date and time of the purchase, the name, address and identification
number of the vendor, and the receipt or invoice number of the transaction.
new text end

new text begin (f) "Transaction report" means a report documenting, but not limited to, the sales,
taxes collected, media totals, and discount voids at an electronic cash register that is
printed on cash register tape at the end of a day or shift, or a report documenting every
action at an electronic cash register that is stored electronically.
new text end

new text begin Subd. 2. new text end

new text begin Felony. new text end

new text begin A person who sells, purchases, installs, transfers, possesses,
accesses, or uses an automated sales suppression device, zapper, phantom-ware, or similar
device knowing that the device or phantom-ware is capable of being used to commit tax
fraud or suppress sales is guilty of a felony and may be sentenced to imprisonment of not
more than five years or a payment of a fine of not more than $10,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Forfeiture. new text end

new text begin An automated sales suppression device, zapper, phantom-ware,
and any other device containing an automated sales suppression, zapper, or phantom-ware
device or software is contraband and subject to forfeiture under section 609.5316.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end