SF 1108

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; regulating Internet sales and 
  1.3             leases; providing for the disclosure of information 
  1.4             relating to the ownership of domain names and agents 
  1.5             for service of process; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 325F. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325F.995] [INTERNET SALES AND LEASES; DOMAIN 
  1.9   NAME OWNERSHIP INFORMATION; AGENTS APPOINTED FOR SERVICE OF 
  1.10  PROCESS.] 
  1.11     Subdivision 1.  [ENTITIES WITH A PHYSICAL PRESENCE IN THE 
  1.12  STATE.] (a) This subdivision applies to any person organized 
  1.13  under the laws of this state, authorized to transact business in 
  1.14  this state or which has otherwise appointed an agent for service 
  1.15  of process in this state.  
  1.16     (b) The person shall make available, at or from any Web 
  1.17  site it maintains, the name of the legal owner of each domain 
  1.18  name from which the Web site is accessible, the address of its 
  1.19  principal office wherever located and information pertaining to 
  1.20  its agent for service of process in this state. 
  1.21     Subd. 2.  [OTHER ENTITIES.] (a) This subdivision applies to 
  1.22  any person that:  (1) is not organized under the laws of this 
  1.23  state; (2) is not authorized to transact business in this state; 
  1.24  or (3) has not otherwise appointed an agent for service of 
  1.25  process in this state that sells or leases goods or services to 
  1.26  residents of this state via the Internet.  
  2.1      (b) The person shall not designate a forum other than a 
  2.2   forum in this state for the resolution of disputes pertaining to 
  2.3   these sales or leases, unless the person appoints and 
  2.4   continuously maintains an agent for service of process in this 
  2.5   state and makes available at or from their Web site the name of 
  2.6   the legal owner of each domain name from which the Web site is 
  2.7   accessible, the address of its principal office wherever located 
  2.8   and information pertaining to its agent for service of process 
  2.9   in this state. 
  2.10     Subd. 3.  [AGENTS.] (a) The appointment of an agent for 
  2.11  service of process pursuant to subdivision 2 does not constitute 
  2.12  consent to the personal jurisdiction of the courts of this state.
  2.13     (b) The information pertaining to the agent for service of 
  2.14  process pursuant to subdivisions 1 and 2 must include the name 
  2.15  and address of the agent in this state. 
  2.16     (c) An agent for service of process appointed pursuant to 
  2.17  subdivision 2 may be any of the following entities authorized to 
  2.18  transact business in this state: 
  2.19     (1) an individual resident of this state; 
  2.20     (2) a domestic or foreign corporation; 
  2.21     (3) a limited liability company; or 
  2.22     (4) a limited liability partnership.