HF 3381

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; providing for a tax credit; 
  1.3             requiring security measures for convenience stores; 
  1.4             prescribing penalties; amending Minnesota Statutes 
  1.5             1998, section 290.06, by adding a subdivision; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 299G. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 290.06, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 28.  [CREDIT FOR CONVENIENCE STORE SECURITY 
  1.12  CAMERAS.] (a) A taxpayer may take a credit against the tax due 
  1.13  under this chapter in an amount equal to 50 percent of the cost 
  1.14  incurred by the taxpayer to purchase and install video security 
  1.15  equipment that meets or exceeds the minimum requirements set 
  1.16  forth in section 299G.19, subdivision 2, in a convenience store 
  1.17  as defined in section 299G.19, subdivision 1.  The amount of the 
  1.18  credit may not exceed $5,000 per convenience store, and the 
  1.19  credit may be taken in only one taxable year by any taxpayer.  
  1.20     (b) If the credit provided under this subdivision exceeds 
  1.21  the tax liability of the taxpayer for the taxable year, the 
  1.22  excess amount of the credit may be carried over to each of the 
  1.23  five taxable years succeeding the taxable year.  The entire 
  1.24  amount of the credit must be carried to the earliest taxable 
  1.25  year to which the amount may be carried.  The unused portion of 
  1.26  the credit must be carried to the following taxable year.  No 
  2.1   credit may be carried to a taxable year more than five years 
  2.2   after the taxable year in which the credit was earned.  
  2.3      (c) The credit provided in this subdivision is available 
  2.4   for taxable years beginning after December 31, 1999, and before 
  2.5   January 1, 2005. 
  2.6      Sec. 2.  [299G.19] [CONVENIENCE STORE SECURITY.] 
  2.7      Subdivision 1.  [DEFINITION; CONVENIENCE STORE.] As used in 
  2.8   this section, "convenience store" means a place of business 
  2.9   primarily engaged in the retail sale of groceries, or both 
  2.10  groceries and gasoline, and that is open for business at any 
  2.11  time between the hours of 11:00 p.m. and 5:00 a.m.  Convenience 
  2.12  store does not include a business that always has at least five 
  2.13  employees on the premises. 
  2.14     Subd. 2.  [SECURITY CAMERA SYSTEM MINIMUM 
  2.15  REQUIREMENTS.] (a) A convenience store shall install color CCD 
  2.16  video security cameras with auto-iris lens attached to record 
  2.17  all entry and exit doors and the cash register area.  Cameras on 
  2.18  the entrance and exits should be placed and lenses fixed so that 
  2.19  the entrance or exit is completely visible in the field of view 
  2.20  and so that the whole person is no less than 70 percent of the 
  2.21  field of view.  Cameras on the cash register area should be 
  2.22  placed and lenses fixed so that no less than 25 percent of the 
  2.23  field of view includes the customer's head.  The camera shall 
  2.24  have horizontal lines of resolution to be not less than 330 
  2.25  lines and minimum illumination to be not less than 1.0 lux at 
  2.26  F1.2.  The camera system must incorporate a color video 
  2.27  multiplexer, with a video standard of 360 lines of resolution at 
  2.28  a record rate of 60 fields per second. 
  2.29     (b) A convenience store shall install a VHS recorder 
  2.30  consisting of a commercial grade VHS deck to be recorded on a 
  2.31  minimum of eight hours, or a time lapse or real time video 
  2.32  recorder not to exceed 24 hours.  The recorder shall have a 
  2.33  minimum of 240 lines of resolution for color, four heads, shall 
  2.34  record time and date stamp on all recordings, and be maintained 
  2.35  in a secure environment. 
  2.36     (c) A convenience store shall use a commercial grade T-160 
  3.1   VHS tape in the recorder with a maximum reuse of 20 cycles per 
  3.2   tape.  Tapes must be stored and available to police for a 
  3.3   minimum of seven days before reuse or destruction. 
  3.4      (d) The technical specifications provided in this 
  3.5   subdivision are minimum standards and do not preclude a 
  3.6   convenience store from installing equipment which exceeds the 
  3.7   standard.  Cameras must be maintained in proper working order at 
  3.8   all times during all hours of operation of the store.  A 
  3.9   convenience store shall post a conspicuous sign stating that the 
  3.10  property is under camera surveillance. 
  3.11     Subd. 3.  [OTHER MEASURES.] (a) Every convenience store 
  3.12  shall be equipped with the following security devices and 
  3.13  standards: 
  3.14     (i) height markers at the entrance of the store which 
  3.15  display height measures; and 
  3.16     (ii) a silent alarm to law enforcement or a private 
  3.17  security agency. 
  3.18     (b) A convenience store shall implement at least one of the 
  3.19  following security measures when open for business between 11:00 
  3.20  p.m. and 5:00 a.m.: 
  3.21     (1) staff the store with at least two employees on the 
  3.22  premises; 
  3.23     (2) install a bullet-resistant security enclosure; or 
  3.24     (3) keep store locked and transact business only through an 
  3.25  indirect pass-through trough, trap door, or window. 
  3.26     Subd. 4.  [TRAINING PROGRAMS.] The owner or principal 
  3.27  operator of a convenience store shall provide robbery deterrence 
  3.28  and safety training by an approved curriculum to its retail 
  3.29  employees within 60 days of employment.  The commissioner of 
  3.30  public safety shall approve, after consultation with interested 
  3.31  parties, training curriculum for purposes of this subdivision. 
  3.32     Subd. 5.  [PENALTIES.] Violations of this section are 
  3.33  subject to the penalties and remedies provided in section 8.31, 
  3.34  except subdivision 3a. 
  3.35     Sec. 3.  [EFFECTIVE DATE.] 
  3.36     Section 2 is effective January 1, 2001, for all convenience 
  4.1   stores constructed or placed into service on or after that date, 
  4.2   or convenience stores with no current security camera 
  4.3   surveillance.  Section 2 is effective January 1, 2003, for all 
  4.4   other convenience stores.