SF 1004

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; prohibiting tampering with 
  1.3             clock-hour meters on heavy machinery; prescribing 
  1.4             criminal and civil penalties; providing remedies; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 325E. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325E.165] [DEFINITIONS.] 
  1.9      Subdivision 1.  [SCOPE.] For the purposes of sections 
  1.10  325E.165 to 325E.167, the terms defined in this section have the 
  1.11  meanings given them. 
  1.12     Subd. 2.  [DEALER.] "Dealer" means a farm equipment dealer 
  1.13  as defined in section 325E.061, subdivision 4, or a heavy and 
  1.14  utility equipment dealer as defined in section 325E.068, 
  1.15  subdivision 4. 
  1.16     Subd. 3.  [FARM TRACTOR.] "Farm tractor" means a 
  1.17  self-propelled vehicle that is designed primarily for pulling or 
  1.18  propelling agricultural machinery and implements and is used 
  1.19  principally in the occupation or business of farming, including 
  1.20  an implement of husbandry, as defined in section 169.01, 
  1.21  subdivision 55, that is self-propelled. 
  1.22     Subd. 4.  [HEAVY MACHINERY.] "Heavy machinery" means:  
  1.23     (1) a farm tractor; or 
  1.24     (2) heavy and utility equipment, as defined in section 
  1.25  325E.068, subdivision 2, clause (1), that is self-propelled. 
  1.26     Subd. 5.  [PERSON.] "Person" means an individual, firm, 
  2.1   partnership, incorporated and unincorporated association, or 
  2.2   other legal or commercial entity. 
  2.3      Sec. 2.  [325E.166] [CLOCK-HOUR METERS; PROHIBITED ACTS.] 
  2.4      Subdivision 1.  [TAMPERING.] No person shall, with intent 
  2.5   to defraud, knowingly tamper with, adjust, alter, change, set 
  2.6   back, disconnect, or fail to connect the clock-hour meter of 
  2.7   heavy machinery, or cause any of the foregoing to occur to a 
  2.8   clock-hour meter of heavy machinery, so as to reflect fewer 
  2.9   hours than the heavy machinery has actually been in operation. 
  2.10     Subd. 2.  [TAMPERING DEVICE.] No person shall sell, use, or 
  2.11  install on any part of heavy machinery or on a clock-hour meter 
  2.12  in heavy machinery a device that causes the clock-hour meter to 
  2.13  register any hours of operation other than the true hours of 
  2.14  operation that the clock-hour meter was designed to measure. 
  2.15     Subd. 3.  [DISCLOSURE.] No dealer shall sell or offer for 
  2.16  sale heavy machinery with knowledge that the hours registered on 
  2.17  the clock-hour meter have been altered so as to reflect fewer 
  2.18  hours than the heavy machinery has actually been in operation, 
  2.19  without disclosing the fact in writing to prospective purchasers.
  2.20     Subd. 4.  [CONSPIRACY.] No person shall conspire with 
  2.21  another person to violate this section. 
  2.22     Sec. 3.  [325E.167] [PENALTIES; REMEDIES.] 
  2.23     Subdivision 1.  [CRIMINAL PENALTY.] A person who is found 
  2.24  to have violated section 325E.166 is guilty of a gross 
  2.25  misdemeanor. 
  2.26     Subd. 2.  [CIVIL PENALTY.] In addition to the penalties 
  2.27  provided in subdivision 1, any person who is found to have 
  2.28  violated section 325E.166 is subject to the penalties in section 
  2.29  8.31. 
  2.30     Subd. 3.  [PRIVATE RIGHT OF ACTION.] A person injured by a 
  2.31  violation of section 325E.166 may recover the actual damages 
  2.32  sustained together with costs and disbursements, including 
  2.33  reasonable attorney fees.  The court in its discretion may 
  2.34  increase the award of damages to an amount not to exceed three 
  2.35  times the actual damages sustained or $1,500, whichever is 
  2.36  greater.