Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 225--S.F.No. 280
           An act relating to commerce; establishing standards 
          and procedures for the release of financial 
          information; establishing procedures for opening 
          checking accounts; providing for civil liability for 
          issuance of dishonored checks; clarifying conciliation 
          court jurisdiction for actions on dishonored checks; 
          requiring release of certain account information to 
          check holders and law enforcement authorities; 
          amending Minnesota Statutes 1982, sections 487.30, 
          subdivision 4; 488A.12, subdivision 3; 488A.29, 
          subdivision 3; and 609.535; proposing new law coded in 
          Minnesota Statutes, chapters 48 and 332; proposing new 
          law coded as Minnesota Statutes, chapter 13A; 
          repealing Minnesota Statutes 1982, section 48.511. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [13A.01] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purpose of this chapter, 
the following terms have the meanings given them.  
    Subd. 2.  [FINANCIAL INSTITUTION.] "Financial institution" 
means any office of a bank, savings bank, industrial loan 
company, trust company, savings and loan, building and loan, 
credit union, or consumer finance institution, located in the 
state.  
    Subd. 3.  [FINANCIAL RECORD.] "Financial record" means an 
original of, a copy of, or information known to have been 
derived from, any record held by a financial institution 
pertaining to a customer's relationship with the financial 
institution.  
    Subd. 4.  [GOVERNMENT AUTHORITY.] "Government authority" 
means any agency or department of the state or a local unit of 
government, or any officer, employee, or agent of it.  
    Subd. 5.  [CUSTOMER.] "Customer" means any natural person 
or authorized representative of that person who utilized or is 
utilizing any service of a financial institution, or for whom a 
financial institution is acting or has acted as a fiduciary, in 
relation to an account maintained in the person's name.  
    Subd. 6.  [LAW ENFORCEMENT INQUIRY.] "Law enforcement 
inquiry" means a lawful investigation or official proceeding 
inquiring into a violation of, or failure to comply with, any 
criminal or civil statute or any rule or order issued pursuant 
to it.  
    Sec. 2.  [13A.02] [ACCESS TO FINANCIAL RECORDS BY 
GOVERNMENT AUTHORITIES PROHIBITED.] 
    Subdivision 1.  [ACCESS BY GOVERNMENT.] Except as 
authorized by this chapter, no government authority may have 
access to, or obtain copies of, or the information contained in, 
the financial records of any customer from a financial 
institution unless the financial records are reasonably 
described and:  
    (1) the customer has authorized the disclosure;  
    (2) the financial records are disclosed in response to a 
search warrant;  
    (3) the financial records are disclosed in response to a 
judicial or administrative subpoena; or 
    (4) the financial records are disclosed pursuant to section 
609.535 or other statute or rule.  
    Subd. 2.  [RELEASE PROHIBITED.] No financial institution, 
or officer, employee, or agent of a financial institution, may 
provide to any government authority access to, or copies of, or 
the information contained in, the financial records of any 
customer except in accordance with the provisions of this 
chapter.  
     Nothing in this chapter shall require a financial 
institution to inquire or determine that those seeking 
disclosure have duly complied with the requirements of this 
chapter, provided only that the customer authorization, search 
warrant, subpoena, or written certification pursuant to section 
609.535, subdivision 6, or other statute or rule, served on or 
delivered to a financial institution shows compliance on its 
face.  
    Subd. 3.  [NOTICE TO CUSTOMER.] Within 180 days after a 
government authority obtains access to the financial records of 
a customer pursuant to a search warrant or a judicial or 
administrative subpoena, it shall notify the customer of its 
action unless a delay of notice is obtained pursuant to section 
3.  The notice shall be sufficient to inform the customer of the 
name of the government authority or government authorities 
having had access to the records, the financial records to which 
access was obtained, and the purpose of the law enforcement 
inquiry, including transfers of financial records made pursuant 
to subdivision 5.  Notice may be given by providing the customer 
with a copy of the search warrant or subpoena.  
    Subd. 4.  [DUTY OF FINANCIAL INSTITUTIONS.] Upon receipt of 
a request for financial records made by a government authority, 
the financial institution shall, unless otherwise provided by 
law, proceed to assemble the records requested within a 
reasonable time and be prepared to deliver the records to the 
government authority upon receipt of the search warrant or 
subpoena required under this section.  
    Subd. 5.  [USE OF INFORMATION.] Financial records 
originally obtained pursuant to this chapter may be transferred 
to another government authority provided the transferred records 
are pertinent and necessary to the receiving authority in 
initiating, furthering, or completing a law enforcement inquiry. 
     When financial records subject to this chapter are 
transferred to another government authority, the transferring 
authority shall include the name of the receiving authority and 
the financial records transferred in the notice required by 
subdivision 3 of this section or, if the transfer occurs after 
the notice has been sent to the customer, the transferring 
authority shall, upon written request by the customer, inform 
the customer of the name of the government authority to which 
the financial records were transferred.  
    Subd. 6.  [STATUS OF RECORDS.] All financial records 
obtained by a government authority pursuant to this section are 
subject to the provisions of section 13.82, subdivision 5.  
    Sec. 3.  [13A.03] [DELAYED NOTICE.] 
    Subdivision 1.  [APPLICATION.] Upon application of the 
government authority, a customer notice pursuant to section 2, 
subdivision 3, may be delayed by order of an appropriate court 
if the judge finds that:  
    (1) the law enforcement inquiry being conducted is within 
the lawful jurisdiction of the government authority seeking the 
financial records;  
    (2) there is reason to believe that the records being 
sought are relevant to a legitimate law enforcement inquiry; and 
    (3) there is reason to believe that the notice will result 
in (i) endangering life or physical safety of any person; (ii) 
flight from prosecution; (iii) destruction of or tampering with 
evidence; (iv) intimidation of potential witnesses; or (v) 
otherwise seriously jeopardizing an investigation or official 
proceeding or unduly delaying a trial or ongoing official 
proceeding.  
    An application for delay must be made with reasonable 
specificity.  
    Subd. 2.  [ORDER.] If the court makes the findings required 
in subdivision 1, it shall enter an ex parte order granting the 
requested delay for a period not to exceed 180 days and an order 
prohibiting the financial institution from disclosing that 
records have been obtained.  If the court finds that there is 
reason to believe that the notice may endanger the life or 
physical safety of any person, the court may specify that the 
delay be indefinite.  
    Extensions of the delay of notice of up to 90 days each may 
be granted by the court upon application.  
    Subd. 3.  [NOTICE.] Upon expiration of the period of delay 
of notification under this section, the customer shall be served 
with a copy of the notice required by section 2, subdivision 3.  
    Sec. 4.  [13A.04] [EXCEPTIONS.] 
    Subdivision 1.  [STATUTORY VIOLATIONS.] Nothing in this 
chapter precludes any financial institution, or any officer, 
employee, or agent of a financial institution, from notifying a 
government authority that the institution, or officer, employee, 
or agent has information which may be relevant to a possible 
violation of any statute or rule and providing access to 
financial records relevant to the possible violation.  
    Subd. 2.  [RELEASE INCIDENT TO ANOTHER PROCEEDING.] Nothing 
in this chapter precludes a financial institution, as an 
incident to perfecting a security interest, proving a claim in 
bankruptcy, or otherwise collecting on a debt owing either to 
the financial institution itself or in its role as a fiduciary, 
from providing copies of any financial record to any court or 
government authority.  
    Subd. 3.  [GOVERNMENT ASSISTANCE PROGRAMS.] Nothing in this 
chapter precludes a financial institution, as an incident to 
processing an application for assistance to a customer in the 
form of a government loan, loan guaranty, or loan insurance 
agreement, or as an incident to processing a default on, or 
administering a government guaranteed or insured loan, from 
providing access to an appropriate government authority with any 
financial record necessary to permit the authority to carry out 
its responsibilities under a loan, loan guaranty, or loan 
insurance agreement.  
    Whenever a customer applies for participation in a 
government loan, loan guaranty, or loan insurance program, the 
government authority administering the program shall give the 
customer written notice of the authority's access rights under 
this subdivision.  No further notification shall be required for 
subsequent access by that authority during the term of the loan, 
loan guaranty, or loan insurance agreement.  
    Financial records obtained pursuant to this subdivision may 
be used only for the purpose for which they were originally 
obtained.  
    Subd. 4.  [OTHER EXCEPTIONS.] Nothing in this chapter:  
    (a) prohibits the disclosure of any financial records or 
information which is not identified with or identifiable as 
being derived from the financial records of a particular 
customer;  
    (b) prohibits examination by or disclosure to the 
commissioner of banks of financial records or information in the 
exercise of his supervisory, regulatory, or monetary functions 
with respect to a financial institution;  
    (c) shall apply when financial records are sought by a 
government authority under the rules of civil or criminal 
procedure in connection with litigation to which the government 
authority and the customer are parties;  
    (d) shall apply when financial records are sought by a 
government authority in connection with a lawful proceeding, 
investigation, examination, or inspection directed at the 
financial institution in possession of the records or at a legal 
entity which is not a customer;  
    (e) shall apply to any subpoena or court order issued in 
connection with proceedings before a grand jury;  
    (f) shall apply to subpoenas issued in civil cases pursuant 
to the rules of civil procedure; or 
    (g) shall apply when a government authority is seeking only 
the name, address, account number, and type of account of any 
customer or ascertainable group of customers associated with a 
financial transaction or class of financial transaction.  
    Sec. 5.  [48.512] [PROCEDURES FOR OPENING CHECKING 
ACCOUNTS.] 
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section the following terms have the meanings given:  
    (a) "Financial intermediary" means any person doing 
business in this state who offers transaction accounts to the 
public.  
    (b) "Transaction account" means a deposit or account 
established and maintained by a natural person or persons under 
an individual or business name for personal, household, or 
business purposes, on which the depositor or account holder is 
permitted to make withdrawals by negotiable or transferable 
instruments, payment orders of withdrawal, or other similar 
device for the purpose of making payments or transfers to third 
persons or others, including demand deposits or accounts subject 
to check, draft, negotiable order of withdrawal, share draft, or 
other similar item.  A transaction account does not include the 
deposit or account of a partnership having more than three 
partners, the personal representative of an estate, the trustee 
of a trust or a limited partnership.  
    Subd. 2.  [REQUIRED INFORMATION.] Before opening or 
authorizing signatory power over a transaction account, a 
financial intermediary shall require one applicant to provide 
the following information on an application document signed by 
the applicant:  
    (a) full name;  
    (b) birth date;  
    (c) address of residence;  
    (d) address of current employment, if employed;  
    (e) telephone numbers of residence and place of employment, 
if any;  
    (f) social security number;  
    (g) driver's license or identification card number issued 
pursuant to section 171.07.  If the applicant does not have a 
driver's license or identification card, the applicant may 
provide an identification document number issued for 
identification purposes by any state, federal, or foreign 
government if the document includes the applicant's photograph, 
full name, birth date, and signature;  
    (h) whether the applicant has had a transaction account at 
the same or another financial intermediary within 12 months 
immediately preceding the application, and, if so, the name of 
the financial intermediary;  
    (i) whether the applicant has had a transaction account 
closed by a financial intermediary without the applicant's 
consent within 12 months immediately preceding the application, 
and, if so, the reason the account was closed; and 
    (j) whether the applicant has been convicted of a criminal 
offense because of the use of a check or other similar item 
within 24 months immediately preceding the application.  
    A financial intermediary may require an applicant to 
disclose additional information.  
    An applicant who makes a false material statement that he 
does not believe to be true in an application document with 
respect to information required to be provided by this 
subdivision is guilty of perjury.  The financial intermediary 
shall notify the applicant of the provisions of this paragraph.  
    Subd. 3.  [CONFIRM NO INVOLUNTARY CLOSING.] Before opening 
or authorizing signatory power over a transaction account, the 
financial intermediary shall attempt to verify the information 
disclosed for subdivision 2, clause (i).  The financial 
intermediary may not open or authorize signatory power over a 
transaction account if (i) the applicant had a transaction 
account closed by a financial intermediary without his consent 
because of his issuance of dishonored checks within 12 months 
immediately preceding the application, or (ii) the applicant has 
been convicted of a criminal offense because of the use of a 
check or other similar item within 24 months immediately 
preceding the application.  
     If the transaction account is refused, the reasons for the 
refusal shall be given to the applicant in writing.  
    Subd. 4.  [IDENTIFICATION IS REQUIRED.] A financial 
intermediary shall not open or authorize signatory power over a 
transaction account if none of the applicants provides a 
driver's license, identification card, or identification 
document as required by subdivision 2.  When a minor is the 
applicant and the minor does not have a driver's license or 
identification card issued pursuant to section 171.07, the 
identification requirements of subdivision 2, clause (g), and 
this subdivision are satisfied if the minor's parent or guardian 
provides identification of his own that meets the identification 
requirement.  The financial intermediary may waive the 
identification requirement if the applicant has had another type 
of account with the financial intermediary for at least one year 
immediately preceding the time of application.  
    Subd. 5.  [NO LIABILITY.] The requirements of this section 
do not impose any liability on financial intermediaries offering 
transaction accounts or, except as provided in subdivisions 3 
and 4, limit a financial intermediary's discretion as to whether 
to grant or deny an application subject to this section.  

                      WORTHLESS CHECK COLLECTIONS 
    Sec. 6.  [332.50] [CIVIL LIABILITY FOR ISSUANCE OF 
WORTHLESS CHECK.] 
    Subdivision 1.  [DEFINITIONS.] "Check" means a check, 
draft, order of withdrawal, or similar negotiable or 
nonnegotiable instrument.  
    "Credit" means an arrangement or understanding with the 
drawee for the payment of the check.  
    Subd. 2.  [ACTS CONSTITUTING.] Whoever issues any check 
that is dishonored and is not paid within 30 days after mailing 
a notice of dishonor and a copy of sections 6 and 609.535 in 
compliance with subdivision 3, is liable to the holder for the 
amount of the check plus a civil penalty of up to $100, interest 
at the rate payable on judgments pursuant to section 549.09 on 
the face amount of the check from the date of dishonor, 
reasonable attorney fees if the amount of the check is over 
$1,250, and a service charge not exceeding $15 if written notice 
of the service charge was conspicuously displayed on the 
premises when the check was issued.  
     This subdivision prevails over any provision of law 
limiting, prohibiting, or otherwise regulating service charges 
authorized by this subdivision. 
    Subd. 3.  [NOTICE OF DISHONOR REQUIRED.] Notice of 
nonpayment or dishonor and a copy of sections 6 and 609.535 
shall be sent by the payee or holder of the check to the drawer 
by certified mail, return receipt requested, or by regular mail, 
supported by an affidavit of service by mailing, to the address 
printed or written on the check.  The issuance of a check with 
an address printed or written on it is a representation by the 
drawer that the address is the correct address for receipt of 
mail concerning the check.  Failure of the drawer to receive a 
regular or certified mail notice sent to that address is not a 
defense to liability under this section, if the drawer has had 
actual notice for 30 days that the check has been dishonored.  
    An affidavit of service by mailing shall be retained by the 
payee or holder of the check.  
    Subd. 4.  [PROOF OF IDENTITY.] The check is prima facie 
evidence of the identity of the drawer if the person receiving 
the check:  
    (a) records the following information about the drawer on 
the check, unless it is printed on the face of the check:  
    (1) name;  
    (2) home or work address;  
    (3) home or work telephone number; and 
    (4) identification number issued pursuant to section 171.07;
    (b) compares the drawer's physical appearance, signature, 
and the personal information recorded on the check with the 
drawer's identification card issued pursuant to section 171.07; 
and 
    (c) initials the check to indicate compliance with these 
requirements.  
    Subd. 5.  [DEFENSES.] Any defense otherwise available to 
the drawer also applies to liability under this section.  
    Sec. 7.  Minnesota Statutes 1982, section 487.30, 
subdivision 4, is amended to read: 
    Subd. 4.  [JURISDICTION; WORTHLESS DISHONORED CHECKS.] The 
conciliation court has jurisdiction to determine a civil action 
commenced by a plaintiff, resident of the county, to recover the 
amount of a worthless dishonored check issued in the county 
within the meaning of section 609.535, notwithstanding that even 
though the defendant or defendants are not residents of the 
county provided that, if the notice of nonpayment or dishonor 
required by described in section 609.535, subdivision 3, is sent 
to the maker or drawer as specified therein and the notice 
states that the payee or holder of the check or other order of 
payment of money may commence a conciliation court action in the 
county where the worthless dishonored check was issued to 
recover the amount of the check.  This subdivision does not 
apply to a check or other order for payment of money that has 
been dishonored by a stop payment order.  Notwithstanding any 
law or rule of civil procedure to the contrary, the summons in 
any action commenced under this subdivision may be served 
anywhere within the state of Minnesota.  The conciliation court 
clerk shall attach a copy of the dishonored check or other order 
for payment of money to the summons before it is issued.  
    Sec. 8.  Minnesota Statutes 1982, section 488A.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION.] (a) Excepting actions involving 
title to real estate, the court has jurisdiction to hear, 
conciliate, try, and determine civil actions at law where the 
amount in controversy does not exceed the sum of $1,250.  The 
territorial jurisdiction of the court is coextensive with the 
geographic boundaries of the county of Hennepin. 
    (b) Notwithstanding the provisions of clause paragraph (a), 
or any rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine an action brought 
pursuant to section 504.20 for the recovery of a deposit on 
rental property located in whole or in part in Hennepin county, 
and the summons in the action may be served anywhere within the 
state of Minnesota. 
    (c) Notwithstanding the provisions of clause paragraph (a), 
or any rule of court to the contrary, the conciliation court of 
Hennepin county has jurisdiction to determine a civil action 
commenced by a plaintiff, a resident of Hennepin county, to 
recover the amount of a worthless dishonored check issued in the 
county within the meaning of section 609.535, notwithstanding 
that even though the defendant or defendants are not residents 
of Hennepin county provided that, if the notice of nonpayment or 
dishonor required by described in section 609.535, subdivision 
3, is sent to the maker or drawer as specified therein and the 
notice states that the payee or holder of the check or other 
order of payment of money may commence a conciliation court 
action in the county where the worthless dishonored check was 
issued to recover the amount of the check.  This clause does not 
apply to a check or other order for payment of money that has 
been dishonored by a stop payment order.  Notwithstanding any 
law or rule of civil procedure to the contrary, the summons in 
any action commenced under this clause may be served anywhere 
within the state of Minnesota.  The conciliation court 
administrator shall attach a copy of the dishonored check or 
other order for payment of money to the summons before it is 
issued.  
    Sec. 9.  Minnesota Statutes 1982, section 488A.29, 
subdivision 3, is amended to read: 
    Subd. 3.  [JURISDICTION.] (a) Excepting actions involving 
title to real estate, the court has jurisdiction to hear, 
conciliate, try and determine civil actions at law where the 
amount in controversy does not exceed the sum of $1,250.  The 
territorial jurisdiction of the court is coextensive with the 
geographic boundaries of the county of Ramsey. 
    (b) Notwithstanding the provisions of clause paragraph (a) 
or any rule of court to the contrary, the conciliation court of 
Ramsey county has jurisdiction to determine an action brought 
pursuant to section 504.20 for the recovery of a deposit on 
rental property located in whole or in part in Ramsey county, 
and the summons in the action may be served anywhere in the 
state of Minnesota. 
    (c) Notwithstanding the provisions of clause paragraph (a) 
or any rule of court to the contrary, the conciliation court of 
Ramsey county has jurisdiction to determine a civil action 
commenced by a plaintiff, resident of Ramsey county, to recover 
the amount of a worthless dishonored check issued in the county 
within the meaning of section 609.535, notwithstanding that even 
though the defendant or defendants are not residents of Ramsey 
county provided that, if the notice of nonpayment or dishonor 
required by described in section 609.535, subdivision 3, is sent 
to the maker or drawer as specified therein and the notice 
states that the payee or holder of the check or other order of 
payment of money may commence a conciliation court action in the 
county where the worthless dishonored check was issued to 
recover the amount of the check.  This clause does not apply to 
a check or other order for the payment of money that has been 
dishonored by a stop payment order.  Notwithstanding any law or 
rule of civil procedure to the contrary, the summons in any 
action commenced under this clause may be served anywhere within 
the state of Minnesota.  The conciliation court administrator 
shall attach a copy of the dishonored check or other order for 
payment of money to the summons before it is issued. 
    Sec. 10.  Minnesota Statutes 1982, section 609.535, is 
amended to read: 
    609.535 [ISSUANCE OF WORTHLESS DISHONORED CHECKS.] 
    Subdivision 1.  [DEFINITION DEFINITIONS.] For the purpose 
of this section, the following terms have the meanings given 
them.  
    (a) "Check" means a check, draft, order of withdrawal, or 
similar negotiable or nonnegotiable instrument.  
    (b) "Credit" means an arrangement or understanding with the 
drawee for the payment of the a check or other order for the 
payment of money to which this section applies. 
    Subd. 2.  [ACTS CONSTITUTING.] Whoever issues any a check 
or other order for the payment of money which, at the time of 
issuance, he intends shall not be paid, is guilty of a 
misdemeanor.  In addition, restitution may be ordered by the 
court.  
    Subd. 3.  [PROOF OF INTENT.] Any of the following is 
evidence sufficient to sustain a finding that the person at the 
time he issued the check or other order for the payment of 
money, intended it should not be paid: 
    (1) Proof that, at the time of issuance, he did not have an 
account with the drawee; or 
    (2) Proof that, at the time of issuance, he did not have 
sufficient funds or credit with the drawee and that he failed to 
pay the check or other order within five business days after 
mailing of notice of nonpayment or dishonor as provided in this 
subdivision; or 
    (3) Proof that, when presentment was made within a 
reasonable time, the issuer did not have sufficient funds or 
credit with the drawee and that he failed to pay the check or 
other order within five business days after mailing of notice of 
nonpayment or dishonor as provided in this subdivision. 
    Notice of nonpayment or dishonor and a copy of this section 
shall be sent by the payee or holder of the check to the maker 
or drawer by certified mail, return receipt requested, or by 
regular mail, supported by an affidavit of service by mailing, 
to the address printed on the check.  Refusal by the maker or 
drawer of the check to accept certified mail notice or failure 
to claim certified or regular mail notice shall is not 
constitute a defense that notice was not received.  
    The notice may state that unless the check is paid in full 
within five business days after mailing of the notice of 
non-payment nonpayment or dishonor, the payee or holder of the 
check or other order for the payment of money will or may refer 
the matter to proper authorities for prosecution under this 
section. 
    An affidavit of service by mailing shall be retained by the 
payee or holder of the check.  
    Subd. 4.  [PROOF OF LACK OF FUNDS OR CREDIT.] If the check 
or other order for the payment of money has been protested, the 
notice of protest thereof is admissible as proof of 
presentation, nonpayment, and protest, and is evidence 
sufficient to sustain a finding that there was a lack of funds 
or credit with the drawee.  
    Subd. 5.  [EXCEPTIONS.] This section does not apply to a 
postdated check or to a check given for a past consideration, 
except a payroll check or a check issued to a fund for employee 
benefits.  
    Subd. 6.  [RELEASE OF ACCOUNT INFORMATION TO LAW 
ENFORCEMENT AUTHORITIES.] A drawee shall not be liable in a 
civil or criminal proceeding for releasing release the 
information specified below to any state, county, or local law 
enforcement or prosecuting authority which first certifies in 
writing that it is investigating or prosecuting a complaint 
against the drawer under this section or section 609.52, 
subdivision 2, clause (3)(a), and that 15 days have elapsed 
since the mailing of the notice of dishonor required by 
subdivision subdivisions 3 and 8.  This subdivision applies to 
the following information relating to the drawer's account:  
    (1) Documents relating to the opening of the account by the 
drawer;  
    (2) Correspondence between the drawer and the drawee 
relating to the status of the account Notices regarding 
nonsufficient funds, overdrafts, and the dishonor of any check 
drawn on the account within a period of six months of the date 
of request;  
    (3) Periodic statements mailed to the drawer by the drawee 
for the periods immediately prior to, during, and subsequent to 
the issuance of any check or other order for the payment of 
money which is the subject of the investigation or prosecution;  
or 
    (4) The last known home and business addresses and 
telephone numbers of the drawer.  
    The drawee shall release all of the information described 
in clauses (1) to (4) that it possesses within ten days after 
receipt of a request conforming to all of the provisions of this 
subdivision.  The drawee may impose a reasonable fee for the 
cost for furnishing this information to law enforcement or 
prosecuting authorities, not to exceed 15 cents per page.  
    A drawee is not liable in a criminal or civil proceeding 
for releasing information in accordance with this subdivision.  
    Subd. 7.  [RELEASE OF ACCOUNT INFORMATION TO PAYEE OR 
HOLDER.] If there is a written request to a drawee from a payee 
or holder of a check or other order for the payment of money 
that has been dishonored other than by a stop payment order, 
which request is accompanied by a copy of the dishonored check 
or other order for payment of money, the A drawee is not liable 
in a civil or criminal proceeding for releasing shall release 
the information specified in clauses (1) and (2) to the payee or 
holder any of a check that has been dishonored who makes a 
written request for this information and states in writing that 
the check has been dishonored and that 30 days have elapsed 
since the mailing of the notice described in subdivision 8 and 
who accompanies this request with a copy of the dishonored check 
and a copy of the notice of dishonor.  
    The requesting payee or holder shall notify the drawee 
immediately to cancel this request if payment is made before the 
drawee has released this information.  
    This subdivision applies to the following information 
relating to the drawer's account:  
    (1) Whether at the time the check or other order for 
payment of money was issued or presented for payment the drawer 
had sufficient funds or credit with the drawee, and whether at 
that time the account was open, closed, or restricted for any 
reason and the date it was closed or restricted; and 
    (2) The last known home and business addresses address and 
telephone numbers number of the drawer.  A drawee may be liable 
in a civil or criminal proceeding for releasing the business 
address or business telephone number of the drawer to the payee 
or holder.  
    The drawee shall release all of the information described 
in clauses (1) and (2) that it possesses within ten days after 
receipt of a request conforming to all of the provisions of this 
subdivision.  The drawee may require the person requesting the 
information to pay the reasonable costs, not to exceed 15 cents 
per page, of reproducing and mailing the requested information.  
    A drawee is not liable in a criminal or civil proceeding 
for releasing information in accordance with this subdivision.  
    Subd. 8.  [NOTICE.] The provisions of subdivisions 6 and 7 
are not applicable unless the notice to the maker or drawer 
required by subdivision 3 states that if the check or other 
order for the payment of money is not paid in full within five 
business days after mailing of the notice, the drawee may will 
be authorized to release information relating to the account to 
the payee or holder of the check or other order for the payment 
of money and may also release this information to law 
enforcement or prosecuting authorities. 
     Sec. 11.  [REPEALER.] 
     Minnesota Statutes 1982, section 48.511, is repealed.  
    Sec. 12.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective January 1, 1984.  Sections 5 
to 11 are effective August 1, 1983. 
    Approved June 1, 1983