SF 1847

1st Engrossment - 83rd Legislature (2003 - 2004) 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 farm tractors; prescribing 
  1.4             criminal and civil penalties; allowing for treble 
  1.5             damages; providing remedies; proposing coding for new 
  1.6             law in Minnesota Statutes, 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.  [FARM TRACTOR.] "Farm tractor" means a 
  1.13  self-propelled vehicle that is designed primarily for pulling or 
  1.14  propelling agricultural machinery and implements and is used 
  1.15  principally in the occupation or business of farming, including 
  1.16  an implement of husbandry, as defined in section 169.01, 
  1.17  subdivision 55, that is self-propelled. 
  1.18     Subd. 3.  [PERSON.] "Person" means an individual, firm, 
  1.19  partnership, incorporated and unincorporated association, or 
  1.20  other legal or commercial entity.  
  1.21     Sec. 2.  [325E.166] [CLOCK-HOUR METERS; PROHIBITED ACTS.] 
  1.22     Subdivision 1.  [TAMPERING.] No person shall, with intent 
  1.23  to defraud, knowingly tamper with, adjust, alter, change, set 
  1.24  back, disconnect, or fail to connect the clock-hour meter of a 
  1.25  farm tractor, or cause any of the foregoing to occur to a 
  1.26  clock-hour meter of a farm tractor, so as to reflect fewer hours 
  2.1   than the farm tractor has actually been in operation.  
  2.2      Subd. 2.  [OPERATION WITH DISCONNECTED OR NONFUNCTIONAL 
  2.3   METER.] No person shall, with intent to defraud, operate a farm 
  2.4   tractor knowing that the clock-hour meter of the farm tractor is 
  2.5   disconnected or nonfunctional.  
  2.6      Subd. 3.  [TAMPERING DEVICE.] No person shall advertise for 
  2.7   sale, sell, use, or install on any part of a farm tractor or on 
  2.8   a clock-hour meter in a farm tractor a device that causes the 
  2.9   clock-hour meter to register any hours of operation other than 
  2.10  the true hours of operation that the clock-hour meter was 
  2.11  designed to measure.  
  2.12     Subd. 4.  [DISCLOSURE.] No person shall sell or offer for 
  2.13  sale a farm tractor with knowledge that the hours registered on 
  2.14  the clock-hour meter have been altered so as to reflect fewer 
  2.15  hours than the farm tractor has actually been in operation, 
  2.16  without disclosing the fact to prospective purchasers. 
  2.17     Subd. 5.  [CONSPIRACY.] No person shall conspire with 
  2.18  another person to violate this section.  
  2.19     Sec. 3.  [325E.167] [PENALTIES; REMEDIES.] 
  2.20     Subdivision 1.  [CRIMINAL PENALTY.] A person who is found 
  2.21  to have violated sections 325E.165 and 325E.166 is guilty of a 
  2.22  gross misdemeanor. 
  2.23     Subd. 2.  [CIVIL PENALTY.] In addition to the penalties 
  2.24  provided in subdivision 1, any person who is found to have 
  2.25  violated sections 325E.165 and 325E.166 is subject to the 
  2.26  penalties in section 8.31.  
  2.27     Subd. 3.  [PRIVATE RIGHT OF ACTION.] A person injured by a 
  2.28  violation of sections 325E.165 and 325E.166 may recover the 
  2.29  actual damages sustained together with costs and disbursements, 
  2.30  including reasonable attorney fees.  The court, in its 
  2.31  discretion, may increase the award of damages to an amount not 
  2.32  to exceed three times the actual damages sustained or $1,500, 
  2.33  whichever is greater.