SF 1964

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2014 08:19am

A bill for an act
relating to telecommunications; consumer protection; establishing requirements
for acquisition and resale of wireless communications devices; providing for
criminal penalties; proposing coding for new law in Minnesota Statutes, chapter
325E.

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

Section 1.

new text begin [325E.319] WIRELESS COMMUNICATIONS DEVICES;
ACQUISITION FOR RESALE.
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 them.
new text end

new text begin (b) "Law enforcement agency" or "agency" means a duly authorized municipal,
county, state, or federal law enforcement agency.
new text end

new text begin (c) "Person" means an individual, partnership, limited partnership, limited liability
company, corporation, or other entity.
new text end

new text begin (d) "Wireless communications device" has the meaning given in section 169.011,
subdivision 94.
new text end

new text begin Subd. 2. new text end

new text begin Purchase or acquisition record required. new text end

new text begin (a) Every person, including
an agent, employee, or representative of the person, shall keep a written record at the
time of each purchase or acquisition of a wireless communications device for resale.
The record must include:
new text end

new text begin (1) an accurate account or description of the wireless communications device
purchased or acquired;
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new text begin (2) the date, time, and place the wireless communications device was purchased or
acquired;
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new text begin (3) the name and address of the person selling or delivering the wireless
communications device;
new text end

new text begin (4) the number of the check or electronic transfer used to purchase the wireless
communications device;
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new text begin (5) the number of the seller's or deliverer's driver's license, Minnesota identification
card number, or other identification number from an identification document issued by any
state, federal, or foreign government if the document includes the person's photograph,
full name, birth date, and signature;
new text end

new text begin (6) the license plate number and description of the vehicle used by the person when
delivering the wireless communications device, including any identifying marks on the
vehicle, such as a business name, decals, or markings, if applicable; and
new text end

new text begin (7) a statement signed by the seller, under penalty of perjury as provided in section
609.48, attesting that the wireless communications device is not stolen and is free of any
liens or encumbrances and the seller has the right to sell it.
new text end

new text begin (b) Records required to be maintained under this subdivision shall be retained by the
person for a period of three years.
new text end

new text begin (c) The record, as well as the wireless communications device purchased or received,
shall at all reasonable times be available for inspection by any law enforcement agency.
new text end

new text begin (d) No record is required for property purchased from merchants, manufacturers,
or wholesale dealers having an established place of business, but a bill of sale or other
evidence of open or legitimate purchase of the wireless communications device shall
be obtained and kept by the person, which must be shown upon demand to any law
enforcement agency.
new text end

new text begin (e) Except as otherwise provided in this section, a person or the person's agent,
employee, or representative may not disclose personal information concerning a customer
without the customer's consent unless the disclosure is made in response to a request from
a law enforcement agency. A person must implement reasonable safeguards to protect the
security of the personal information and prevent unauthorized access to or disclosure of
the information. For purposes of this paragraph, "personal information" is any individually
identifiable information gathered in connection with a record under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Printed sales ticket. new text end

new text begin The following shall be printed on all tickets for sales
or acquisitions of used wireless communications devices:
new text end

new text begin (1) the statement: "The seller of this item attests that it is not stolen, it has no liens or
encumbrances against it, and the pledgor has the right to sell or pawn the item."; and
new text end

new text begin (2) a blank line for the seller's signature.
new text end

new text begin Subd. 4. new text end

new text begin Records; prohibitions. new text end

new text begin A person, including an agent, employee, or
representative of the person, shall not:
new text end

new text begin (1) make any false entry in the records of transactions involving a wireless
communications device;
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new text begin (2) falsify, obliterate, destroy, or remove from the place of business the records,
books, or accounts relating to wireless communications device transactions;
new text end

new text begin (3) refuse to allow the appropriate law enforcement agency to inspect records or any
wireless communications device in the person's possession during the ordinary hours of
business or other times acceptable to both parties;
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new text begin (4) fail to maintain a record of each wireless communications device transaction
for three years;
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new text begin (5) accept a pledge or purchase property from a person under the age of 18 years;
new text end

new text begin (6) make any agreement requiring the personal liability of a pledgor or seller,
waiving any provision of this section, or providing for a maturity date less than one month
after the date of the wireless communications device transaction; or
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new text begin (7) sell or lease, or agree to sell or lease, pledged or purchased wireless
communications devices back to the pledgor or seller in the same or a related transaction.
new text end

new text begin Subd. 5. new text end

new text begin Investigative holds; confiscation of property. new text end

new text begin (a) Whenever a law
enforcement official from any agency has probable cause to believe that a wireless
communications device in the possession of a person is stolen or is evidence of a crime
and notifies the dealer not to sell the item, the person shall not (1) process or sell the item,
or (2) remove or allow its removal from the premises. This investigative hold must be
confirmed in writing by the originating agency within 72 hours and will remain in effect
for 30 days from the date of initial notification, until the investigative hold is canceled
or renewed, or until a law enforcement notification to confiscate or directive to release
is issued, whichever comes first.
new text end

new text begin (b) If a wireless communications device is identified as stolen or as evidence in a
criminal case, a law enforcement official may:
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new text begin (1) physically confiscate and remove the wireless communications device from the
person, pursuant to a written notification;
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new text begin (2) place the wireless communications device on hold or extend the hold under
paragraph (a), and leave the device at the premises; or
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new text begin (3) direct its release to a registered owner or owner's agent.
new text end

new text begin (c) When an item is confiscated, the law enforcement agency doing so shall provide
identification upon request of the person, and shall provide the name and telephone number
of the confiscating agency and investigator, and the case number related to the confiscation.
new text end

new text begin (d) A person may request seized property be returned in accordance with section
626.04.
new text end

new text begin (e) When an investigative hold or notification to confiscate is no longer necessary,
the law enforcement official or designee shall notify the person.
new text end

new text begin (f) A person may sell or otherwise dispose of the wireless communications device if:
new text end

new text begin (1) a notification to confiscate is not issued during the investigative hold; or
new text end

new text begin (2) a law enforcement official does not physically remove the wireless
communications device from the premises within 15 calendar days from issuance of a
notification to confiscate.
new text end

new text begin (g) If a person is required to hold the wireless communications device at the
direction of law enforcement for purposes of investigation or prosecution, or if the device
is seized by law enforcement, the person and any other victim is entitled to seek restitution,
including any out-of-pocket expenses for storage and lost profit, in any criminal case
that may arise from the investigation against the individual who delivered the wireless
communications device to the person.
new text end

new text begin Subd. 6. new text end

new text begin Video security cameras required. new text end

new text begin (a) Each person shall install and
maintain at each location video surveillance cameras, still digital cameras, or similar
devices positioned to record or photograph a frontal view showing a readily identifiable
image of the face of each seller of a wireless communications device who enters the
location. The person shall also photograph the seller's vehicle, including license plate,
either by video camera or still digital camera, so that an accurate and complete description
of the vehicle may be obtained from the recordings made by the cameras. Photographs
and recordings must be clearly and accurately associated with their respective records.
new text end

new text begin (b) The video camera or still digital camera must be kept in operating condition and
must be shown upon request to a properly identified law enforcement officer for inspection.
The camera must record and display the accurate date and time. The video camera or still
digital camera must be turned on at all times when the location is open for business and at
any other time when wireless communications devices are purchased or sold.
new text end

new text begin (c) Recordings and images required by paragraph (a) shall be retained by the person
for a minimum period of 60 days and shall at all reasonable times be open to the inspection
of any properly identified law enforcement officer.
new text end

new text begin (d) If the person does not purchase wireless communications devices at a specific
business location, the person need not comply with this subdivision with respect to those
purchases.
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new text begin Subd. 7. new text end

new text begin Criminal penalty. new text end

new text begin A person, or the agent, employee, or representative of
the person, who intentionally violates a provision of this section is guilty of a misdemeanor.
new text end