2005 Minnesota Statutes

CHAPTER 325E. Regulation of trade practices

FUEL DELIVERY TICKETS

     325E.01 Delivery tickets to accompany each fuel delivery.

    No person, firm, or corporation shall deliver any domestic 
 heating fuel without such delivery being accompanied by a 
 delivery ticket, on which shall be distinctly expressed in 
 pounds, the gross weight of the load, the tare of the delivery 
 vehicle, the net quantity or quantities of fuel contained in the 
 cart, wagon, vehicle or compartment thereof, bag, sack or 
 container used in such deliveries when sold by weight; or the 
 number of gallons or cubic feet that is being delivered when 
 sold by measure, with the name of the purchaser thereof and the 
 name of the dealer from whom purchased.  The delivery ticket 
 shall also clearly state the name, type, kind and grade of fuel 
 being delivered.  When the buyer carries away the purchase, a 
 delivery ticket showing the actual amount delivered to the 
 purchaser must be given to the purchaser at the time the sale is 
 made.  

    Sales of wood for fuel direct from producer to consumer 
 shall be exempt from the provisions of this section.  This 
 section shall not apply to deliveries in quantities of ten 
 gallons or less.  

    Whoever violates any provision of this section is guilty of 
 a misdemeanor.  

    HIST: 1943 c 328 

UTILITIES; CUSTOMER DEPOSITS

  325E.015 Repealed, 2004 c 216 s 4 

     325E.02 Customer deposits. 

    Any customer deposit required before commencement of 
 service by a privately or publicly owned water, gas, telephone, 
 cable television, electric light, heat, or power company shall 
 be subject to the following: 

    (a) Upon termination of service with all bills paid, the 
 deposit shall be returned to the customer within 45 days, less 
 any deductions made in accordance with paragraph (c).  

    (b) Interest shall be paid on deposits in excess of $20.  
 The rate of interest must be set annually and be equal to the 
 weekly average yield of one-year United States Treasury 
 securities adjusted for constant maturity for the last full week 
 in November.  The interest rate must be rounded to the nearest 
 tenth of one percent.  By December 15 of each year, the 
 commissioner of commerce shall announce the rate of interest 
 that must be paid on all deposits held during all or part of the 
 subsequent year.  The company may, at its option, pay the 
 interest at intervals it chooses but at least annually, by 
 direct payment, or as a credit on bills.  

    (c) At the time the deposit is made the company shall 
 furnish the customer with a written receipt specifying the 
 conditions, if any, the deposit will be diminished upon return.  

    (d) Advance payments or prepayments shall not be construed 
 as being a deposit.  

    HIST: 1974 c 424 s 1; 1997 c 121 s 1; 2004 c 261 art 2 s 2 

     325E.021 Utility delinquency charges. 

    A public utility as defined by section 216B.02, a 
 municipality or cooperative electric association, or telephone 
 company as defined by section 237.01 shall, if that utility 
 adopts a policy of imposing a charge or fee upon delinquent 
 residential and farm accounts, provide that each billing shall 
 clearly state the terms and conditions of any penalty in the 
 form of the monthly percentage rate.  

    HIST: 1980 c 579 s 31 

     325E.025 Landlords and tenants; utility bills. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, "utility" means persons, corporations, or other legal 
 entities, their lessees, trustees, and receivers, now or 
 hereafter operating, maintaining, or controlling in this state 
 equipment or facilities for furnishing at retail natural, 
 manufactured, or mixed gas or electric service to or for the 
 public or engaged in its production and retail sale.  The term 
 "utility" includes municipalities and cooperative electric 
 associations, organized under the provisions of chapter 308A, 
 producing or furnishing natural, manufactured, or mixed gas or 
 electric service.  This section is not applicable to the sale of 
 natural, manufactured, or mixed gas or electricity by a public 
 utility to another public utility for resale.  

    "Customer" means any person, firm, association, or 
 corporation, or any agency of the federal, state, or local 
 government being supplied with service by a utility. 

    Subd. 2.    Payment responsibility for utility service.  
 A utility shall not:  (1) recover or attempt to recover payment 
 for a tenant's outstanding bill or charge from a landlord, 
 property owner or manager, or manufactured home park owner, as 
 defined in section 327C.01, or manufactured home dealer, as 
 defined in section 327B.01, who has not contracted for the 
 service; (2) condition service on payment of an outstanding bill 
 or other charge for utility service due upon the outstanding 
 account of a previous customer or customers when all of the 
 previous customers have vacated the property; or (3) place a 
 lien on the landlord's or owner's property for a tenant's 
 outstanding bill or charge whether created by local ordinance or 
 otherwise.  A utility may recover or attempt to recover payment 
 for a tenant's outstanding bill or charge from a property owner 
 where the manager, acting as the owner's agent, contracted for 
 the utility service. 

    HIST: 1985 c 135 s 1; 1986 c 473 s 9; 1989 c 356 s 15 

     325E.026 Unauthorized use of utility meters. 

    Subdivision 1.    Definitions.  When used in this 
 section, the terms defined in section 216B.02 have the same 
 meanings.  Other terms used in this section have the following 
 meanings: 

    (a) "Bypassing" means the act of attaching, connecting, or 
 otherwise affixing a wire, cord, socket, pipe, hose, motor, or 
 other instrument or device to utility or customer-owned 
 facilities or equipment so that service provided by the utility 
 is transmitted, supplied, or used without passing through a 
 meter authorized by the utility for measuring or registering the 
 amount of service provided. 

    (b) "Tampering" means damaging, altering, adjusting, or 
 obstructing the operation of a meter or submeter provided by a 
 utility for measuring or registering the amount of electricity, 
 natural gas, or other utility service passing through the meter. 

    (c) "Unauthorized connection" means the physical connection 
 or physical reconnection of utility service by a person without 
 the authorization or consent of the utility. 

    (d) "Unauthorized metering" means removing, installing, 
 connecting, reconnecting, or disconnecting a meter, submeter, or 
 metering device for service by a utility, by a person other than 
 an authorized employee or agent of the utility. 

    (e) "Utility" means a public utility defined in section 
 216B.02, subdivision 4; a municipal utility; or a cooperative 
 electric association organized under chapter 308A. 

    Subd. 2.    Civil actions; remedies.  A utility may 
 bring a civil action for damages against a person who:  (1) 
 deliberately commits, authorizes, attempts, solicits, aids, or 
 abets bypassing, tampering, unauthorized connection, or 
 unauthorized metering that results in damages to the utility; or 
 (2) knowingly receives service provided as a result of 
 bypassing, tampering, unauthorized connection, or unauthorized 
 metering.  The utility may recover double the costs of the 
 service provided; the costs and expenses for investigation, 
 disconnection, reconnection, service calls, equipment, and 
 employees; and the trial costs and witness fees. 

    Subd. 3.    Damages to benefit ratepayers.  Damages 
 recovered under this section in excess of the actual damages 
 sustained by a public utility regulated by the commission must 
 be taken into account by the commission and applied for the 
 benefit of the public utility's ratepayers in establishing 
 utility rates. 

    Subd. 4.    Additional remedies.  The remedies provided 
 in this section are supplemental and additional to other 
 remedies or powers conferred by law and not in limitation of 
 other civil or criminal statutory or common law remedies. 

    HIST: 1987 c 272 s 1; 1989 c 356 s 16 

METAL BEVERAGE CONTAINERS

     325E.03 Sale of beverage containers having detachable 
  parts. 

    Subdivision 1.    Restriction.  No person shall sell or offer 
 for sale in 
 this state a carbonated soft drink, beer, other malt beverage, 
 or tea in liquid form and intended for human consumption 
 contained in an individual sealed metal container designed and 
 constructed so that a part of the container is detached in the 
 process of opening the container. 

    Subd. 2.    Criminal penalty.  A violation of subdivision 1 is a 
 misdemeanor and 
 each day of violation is a separate offense. 

    HIST: 1975 c 308 s 1,2; 1977 c 226 s 1 

IMMIGRATION SERVICES

     325E.031 Immigration services. 

    Subdivision 1.    Definitions.  (a) For the purpose of 
 this section, the terms in this subdivision have the meanings 
 given. 

    (b) "Immigration matter" means any proceeding, filing, or 
 action affecting the nonimmigrant, immigrant, or citizenship 
 status of any person that arises under immigration and 
 naturalization law, executive order, or presidential 
 proclamation of the United States or any foreign country, or 
 that arises under action of the United States Immigration and 
 Naturalization Service, the United States Department of Labor, 
 or the United States Department of State. 

    (c) "Immigration assistance service" means any advice, 
 guidance, information, or action provided or offered to 
 customers or prospective customers relating to any immigration 
 matter and for which a fee is charged. 

    Subd. 2.    Notice.  (a) Any person who provides or 
 offers immigration assistance services in this state shall post 
 a notice at that person's place of business, setting forth 
 information in English and in every other language in which the 
 person provides or offers to provide immigration assistance 
 services.  Each language must be on a separate sign and posted 
 in a location visible to customers.  Each sign must be at least 
 11 inches by 17 inches and must contain the following statements:

    (1) "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY 
 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." 

    (2) "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED 
 STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE 
 IMMIGRATION BOARD OF APPEALS." 

    (b) Any person who advertises immigration assistance 
 services in a language other than English, whether by radio, 
 television, signs, pamphlets, newspapers, or other written 
 communication, with the exception of a single desk plaque, shall 
 post or otherwise include with the advertisement a notice in 
 English and the language in which the advertisement appears that 
 contains the language in paragraph (a), clause (1). 

    Subd. 3.    Prohibited activities.  Any person who 
 provides or offers to provide immigration assistance services 
 may not do any of the following: 

    (1) give any legal advice concerning an immigration matter 
 or perform an act constituting the practice of immigration law 
 as defined in Code of Federal Regulations, title 8, section 1.1 
 (i), (j), (k), or (m); 

    (2) represent, hold out or advertise, in connection with 
 the provision of assistance in immigration matters, other titles 
 or credentials in any language, including, but not limited to, 
 "notary public" or "immigration consultant," that could cause a 
 customer to believe that the person possesses special 
 professional skills or is authorized to provide advice on an 
 immigration matter; 

    (3) make any misrepresentation or false statement, directly 
 or indirectly, to influence, persuade, or induce patronage; 

    (4) retain any compensation for service not performed; or 

    (5) refuse to return documents supplied by, prepared on 
 behalf of, or paid for by the customer upon the request of the 
 customer even if subject to a fee dispute. 

    Subd. 4.    Written contract.  Except as otherwise 
 provided in this section, before providing an immigration 
 assistance service a person shall provide the customer with a 
 written contract that includes the following: 

    (1) an explanation of the services to be performed; 

    (2) identification of all compensation and costs to be 
 charged to the customer for the services to be performed; and 

    (3) a statement that documents submitted in support of an 
 application for nonimmigrant, immigrant, or naturalization 
 status may not be retained by the person for any purpose, 
 including payment of compensation or costs. 

    The written contract must be in both English and in the 
 language of the customer.  A copy of the contract must be 
 provided to the customer upon the customer's execution of the 
 contract.  A customer has the right to rescind a contract within 
 72 hours after signing the contract.  Any documents prepared on 
 behalf of, or paid for by the customer, must be returned upon 
 demand of the customer. 

    This subdivision does not apply to a not-for-profit 
 organization that provides advice or assistance in immigration 
 matters to clients without charge beyond a reasonable fee to 
 reimburse the organization's or clinic's reasonable costs 
 relating to providing immigration services to that client. 

    Subd. 5.    Exemptions.  This section does not apply to: 

    (1) an attorney licensed to practice law in any state or 
 territory of the United States, or in any foreign country when 
 authorized by the Minnesota Supreme Court, to the extent the 
 attorney renders immigration assistance service in the course of 
 practicing as an attorney; 

    (2) a nonlawyer assistant, as described by the rules of the 
 Minnesota Supreme Court, employed by and under the direct 
 supervision of a licensed attorney and rendering immigration 
 assistance service in the course of the assistant's employment; 

    (3) a not-for-profit organization recognized by the Board 
 of Immigration Appeals under Code of Federal Regulations, title 
 8, section 292.2(a), and employees of those organizations 
 accredited under Code of Federal Regulations, title 8, section 
 292.2(d), and designated entities as defined under Code of 
 Federal Regulations, title 8, section 245a.1; and 

    (4) an organization employing or desiring to employ an 
 alien or nonimmigrant alien, where the organization, its 
 employees or its agents provide advice or assistance in 
 immigration matters to alien or nonimmigrant alien employees or 
 potential employees without compensation from the individuals to 
 whom the advice or assistance is provided. 

    Subd. 6.    Penalty and remedies.  A person who violates 
 this section is guilty of a misdemeanor.  The penalties and 
 remedies of section 8.31 apply to violations of this section, 
 including a private cause of action. 

    HIST: 1996 c 401 s 1 

  325E.035 Repealed, 1Sp1989 c 1 art 20 s 30 

SAMPLES; DISTRIBUTION

     325E.04 Free samples; distribution.  

    Subdivision 1.    Restrictions.  It shall be unlawful to cause 
 to be 
 delivered indiscriminately door to door to residences, other 
 than through the United States mail, any advertising, sample of 
 merchandise, or promotional material which is contained in a 
 plastic film outer bag any dimension of which exceeds seven 
 inches and which contains less than one hole, one-half inch in 
 diameter, for each 25 square inch area, or any samples of drugs, 
 medicines, razor blades, or aerosol cans regardless of how 
 packaged.  This subdivision shall not apply to plastic bags with 
 an average thickness of more than .0015 of an inch.  

    Subd. 2.    Criminal penalty.  Any person who is found to have 
 violated this 
 section shall be guilty of a misdemeanor.  

    HIST: 1971 c 832 s 1,2; 1974 c 85 s 1 

SALE AND LABELING OF PLASTICS

     325E.042 Prohibiting sale of certain plastics. 

    Subdivision 1.    Plastic can.  (a) A person may not 
 sell, offer for sale, or give to consumers in this state a 
 beverage packaged in a plastic can. 

    (b) A plastic can subject to this subdivision is a single 
 serving beverage container composed of plastic and metal 
 excluding the closure mechanism. 

    Subd. 2.    Nondegradable plastic.  A person may not 
 sell, offer for sale, or give to consumers beverages or motor 
 oil containers held together by connected rings made of 
 nondegradable plastic material. 

    Subd. 3.    Penalty.  A person who violates subdivision 
 1 or 2 is guilty of a misdemeanor. 

    HIST: 1988 c 685 s 26; 1991 c 337 s 57 

     325E.044 Plastic container labeling. 

    Subdivision 1.    Definitions.  The definitions in this 
 subdivision apply to this section. 

    (a) "Distributor" means a person engaged in business that 
 ships or transports products to retailers in this state to be 
 sold by those retailers. 

    (b) "Labeling" means attaching information to or embossing 
 or printing information on a plastic container. 

    (c) "Manufacturer" means any manufacturer offering for sale 
 and distribution a product packaged in a container. 

    (d) "Plastic container" means an individual, separate, 
 plastic bottle, can, or jar with a capacity of 16 ounces or more.

    Subd. 2.    Labeling rules required.  By March 31, 1989, 
 the board shall adopt rules requiring labeling of plastic 
 containers.  The rules adopted under this subdivision must allow 
 a manufacturer of plastic containers, a person who places 
 products in plastic containers, and a person who sells products 
 in plastic containers to choose an appropriate method of 
 labeling plastic containers.  The board shall adopt rules as 
 consistent as practicable with national industrywide plastic 
 container coding systems.  The rules may exempt plastic 
 containers of a capacity of less than a specified minimum size 
 from the labeling requirements. 

    Subd. 3.    Prohibition.  A person may not manufacture 
 or bring into the state for sale in this state a plastic 
 container that does not comply with the labeling rules adopted 
 under subdivision 2. 

    Subd. 4.    Enforcement; civil penalty; injunctive relief. 
  (a) After being notified that a plastic container does not 
 comply with the rules under subdivision 2, any manufacturer or 
 distributor who violates subdivision 3 is subject to a civil 
 penalty of $50 for each violation up to a maximum of $500 and 
 may be enjoined from such violations. 

    (b) The attorney general may bring an action in the name of 
 the state in a court of competent jurisdiction for recovery of 
 civil penalties or for injunctive relief as provided in this 
 subdivision.  The attorney general may accept an assurance of 
 discontinuance of acts in violation of subdivision 3 in the 
 manner provided in section 8.31, subdivision 2b. 

    HIST: 1988 c 685 s 27 

    325E.045 Subdivision 1.  Repealed, 1991 c 337 s 90 

    Subd. 2. Repealed, 1991 c 337 s 90 

    Subd. 3. Repealed, 1990 c 597 s 73; 1990 c 604 art 10 
 s 32; 1991 c 337 s 90 

    Subd. 4. Repealed, 1990 c 597 s 73; 1990 c 604 art 10 
 s 32; 1991 c 337 s 90 

FARM EQUIPMENT DEALERSHIPS

     325E.05 Agricultural implement dealerships; return of 
  stock. 

    If a franchised agricultural machinery or implement 
 dealership is discontinued for economic reasons, the firm, 
 company, person, or successor in interest issuing the franchise 
 to the dealer shall purchase all listed parts in the dealer's 
 stock purchased originally from firm, company, or person issuing 
 franchise at a price agreeable to the franchised dealer and such 
 firm, company, person, or successor in interest.  

    HIST: 1959 c 398 s 1; 1988 c 502 s 1 

     325E.06 Repurchase of farm machinery, implements, 
  attachments and parts upon termination of contract. 

    Subdivision 1.    Obligation to repurchase.  Whenever 
 any person, firm, or corporation engaged in the business of 
 selling and retailing farm implements and repair parts for farm 
 implements enters into a written or oral contract, sales 
 agreement, or security agreement whereby the retailer agrees 
 with any wholesaler, manufacturer, or distributor of farm 
 implements, machinery, attachments or repair parts or outdoor 
 power equipment, attachments, or repair parts to maintain a 
 stock of parts or complete or whole machines, or attachments, 
 and thereafter the written or oral contract, sales agreement, or 
 security agreement is terminated, canceled, or discontinued, 
 then the wholesaler, manufacturer, or distributor shall pay to 
 the retailer or credit to the retailer's account, if the 
 retailer has outstanding any sums owing the wholesaler, 
 manufacturer, or distributor, unless the retailer should desire 
 and has a contractual right to keep such merchandise, a sum 
 equal to 100 percent of the net cost of all unused complete farm 
 implements, machinery, and attachments or outdoor power 
 equipment and attachments in new condition which have been 
 purchased by the retailer from the wholesaler, manufacturer, or 
 distributor within the 24 months immediately preceding 
 notification by either party of intent to terminate, cancel, or 
 discontinue the contract, including transportation charges and 
 reasonable assembly charges which have been paid by the 
 retailer, or invoiced to retailer's account by the wholesaler, 
 manufacturer, or distributor and the following:  

    (a) 95 percent of the current net prices on repair parts, 
 including superseded parts listed in current price lists or 
 catalogs in use by the wholesaler, manufacturer, or distributor 
 or its predecessor on the date of the termination, cancellation, 
 or discontinuance of the contract; 

    (b) as to any parts not listed in current price lists or 
 catalogs, 100 percent of the invoiced price of the repair part 
 for which the retailer has an invoice which parts had previously 
 been purchased by the retailer from the wholesaler, 
 manufacturer, or distributor and are held by the retailer on the 
 date of the termination, cancellation, or discontinuance of the 
 contract or thereafter received by the retailer from the 
 wholesaler, manufacturer, or distributor; 

    (c) 50 percent of the most recently published price of all 
 other parts provided the price list or catalog is not more than 
 ten years old as of the date of the cancellation or 
 discontinuance of the contract; 

    (d) net cost less 20 percent per year depreciation for five 
 years following purchase of all data processing and 
 communications hardware and software the retailer purchased from 
 the wholesaler, manufacturer, or distributor, or an approved 
 vendor of the wholesaler, manufacturer, or distributor, to meet 
 the minimum requirements for the hardware and software as set 
 forth by the wholesaler, manufacturer, or distributor; and 

    (e) an amount equal to 75 percent of the net cost to the 
 retailer of specialized repair tools, including computerized 
 diagnostic hardware and software, and signage purchased by the 
 retailer pursuant to the requirements of the wholesaler, 
 manufacturer, or distributor, except that specialized repair 
 tools and signage that has never been used must be repurchased 
 at 100 percent of the retailer's cost.  Specialized repair tools 
 must be unique to the wholesaler's, manufacturer's, or 
 distributor's product line, specifically required by the 
 wholesaler, manufacturer, or distributor, and must be in 
 complete and usable condition.  The wholesaler, manufacturer, or 
 distributor may require by contract or agreement that the 
 retailer resell to the wholesaler, manufacturer, or distributor 
 the specialized repair tools and signage for the amounts 
 established in this section or the amount specified in the 
 dealer agreement or contract or fair market value, whichever is 
 greater.  

 The wholesaler, manufacturer, or distributor shall also pay the 
 retailer or credit to the retailer's account a sum equal to five 
 percent of the prices required to be paid or credited by this 
 subdivision for all parts, data processing and communications 
 hardware and software, and specialized repair tools and signage 
 returned for the handling, packing, and loading of the parts 
 back to the wholesaler, manufacturer, or distributor unless the 
 wholesaler, manufacturer, or distributor elects to perform 
 inventorying, packing, and loading of the parts, data processing 
 and communications hardware and software, and specialized repair 
 tools and signage itself.  Upon the payment or allowance of 
 credit to the retailer's account of the sum required by this 
 subdivision, the title to the farm implements, farm machinery, 
 attachments or repair parts, or outdoor power equipment and 
 repair parts for outdoor power equipment, data processing and 
 communications hardware and software, and specialized repair 
 tools and signage shall pass to the manufacturer, wholesaler, or 
 distributor making the payment or allowing the credit and the 
 manufacturer, wholesaler, or distributor shall be entitled to 
 the possession of the farm implements, machinery, attachments or 
 repair parts, or outdoor power equipment and repair parts for 
 outdoor power equipment, data processing and communications 
 hardware and software, and specialized repair tools and signage. 
 However, this section shall not in any way affect any security 
 interest which the wholesaler, manufacturer, or distributor may 
 have in the inventory of the retailer.  

    Payment required to be made under this subdivision must be 
 made not later than 60 days from the date the farm implements, 
 machinery, attachments, repair parts, outdoor power equipment 
 and attachments and repair parts, data processing and 
 communications hardware and software, and specialized repair 
 tools and signage are received by the manufacturer, and if not 
 by then paid, the amount payable by the wholesaler, 
 manufacturer, or distributor bears interest at the maximum rate 
 allowed by law from the date the contract was terminated, 
 canceled, or discontinued until the date payment is received by 
 the retailer. 

    In lieu of the return of the farm implements, machinery, 
 attachments, and repair parts, or outdoor power equipment and 
 attachments and repair parts, data processing and communications 
 hardware and software, and specialized repair tools and signage 
 to the wholesaler, manufacturer, or distributor, the retailer 
 may advise the wholesaler, manufacturer, or distributor that the 
 retailer has implements, machinery, attachments, or repair 
 parts, or outdoor power equipment and attachments and repair 
 parts, data processing and communications hardware and software, 
 and specialized repair tools and signage that the retailer 
 intends to return.  The notice of the dealer's intention to 
 return must be in writing, sworn to before a notary public as to 
 the accuracy of the listing of implements, machinery, 
 attachments, or repair parts, or outdoor power equipment and 
 attachments and repair parts, data processing and communications 
 hardware and software, and specialized repair tools and signage 
 and that all of the items are in usable condition.  The notice 
 must include the name and business address of the person or 
 business who has possession and custody of the machinery and 
 parts and where the machinery and parts may be inspected and the 
 list of farm implements, machinery, attachments, or repair 
 parts, or outdoor power equipment and attachments and repair 
 parts, data processing and communications hardware and software, 
 and specialized repair tools and signage may be verified.  The 
 notice must also state the name and business address of the 
 person or business who has the authority to serve as the escrow 
 agent of the retailer, to accept payment or a credit to the 
 retailer's account on behalf of the retailer, and to release the 
 machinery and parts to the wholesaler, manufacturer, or 
 distributor.  The notice constitutes the appointment of the 
 escrow agent to act on the retailer's behalf.  The wholesaler, 
 manufacturer, or distributor has 30 days from the date of the 
 mailing of the notice, which shall be by certified mail, in 
 which to inspect the machinery and parts and verify the accuracy 
 of the retailer's list.  The wholesaler, manufacturer, or 
 distributor shall, within ten days after inspection: 

    (1) pay the escrow agent; 

    (2) give evidence that a credit to the account of the 
 retailer has been made if the retailer has outstanding sums due 
 the wholesaler, manufacturer, or distributor; or 

    (3) send to the escrow agent a "dummy credit list" and 
 shipping labels for the return of the machinery or parts to the 
 wholesaler, manufacturer, or distributor that are acceptable as 
 returns.  

    If the wholesaler, manufacturer, or distributor sends a 
 credit list to the escrow agent, payment or a credit against the 
 dealer's indebtedness in accordance with this subdivision for 
 the acceptable returns shall accompany the credit list.  On the 
 receipt of the payment, evidence of a credit to the account of 
 the retailer or the credit list with payment, the title to the 
 farm implements, farm machinery, attachments, or repair parts, 
 outdoor power equipment and attachments and repair parts, data 
 processing and communications hardware and software, and 
 specialized repair tools and signage acceptable as returns 
 passes to the manufacturer, wholesaler, or distributor making 
 the payment or allowing the credit and the manufacturer, 
 wholesaler, or distributor is entitled to keep the farm 
 implements, machinery, attachments, or repair parts, or outdoor 
 power equipment and attachments and repair parts, data 
 processing and communications hardware and software, and 
 specialized repair tools and signage.  The escrow agent shall 
 ship or cause to be shipped the machinery and parts acceptable 
 as returns to the wholesaler, manufacturer, or distributor 
 unless the wholesaler, manufacturer, or distributor elects to 
 personally perform the inventorying, packing and loading of the 
 machinery and parts.  When the machinery or parts have been 
 received by the wholesaler, manufacturer, or distributor, notice 
 of the receipt of the machinery or parts shall be sent by 
 certified mail to the escrow agent who shall then disburse 90 
 percent of the payment it has received, less its actual expenses 
 and a reasonable fee for its services, to the retailer.  The 
 escrow agent shall keep the balance of the funds in the 
 retailer's escrow account until it is notified that an agreement 
 has been reached as to the nonreturnables after which the escrow 
 agent shall disburse the remaining funds and dispose of any 
 remaining parts or machinery as provided in the settlement.  If 
 no settlement is reached in a reasonable time, the escrow agent 
 may refer the matter to an arbitrator who has authority to 
 resolve all unsettled issues in the dispute. 

    Subd. 2.    Provisions of contract supplemented.  The 
 provisions of this section shall be supplemental to any 
 agreement between the retailer and the manufacturer, wholesaler 
 or distributor covering the return of farm implements, 
 machinery, attachments and repair parts.  The retailer can elect 
 to pursue either the retailer's contract remedy or the remedy 
 provided herein, and an election by the retailer to pursue the 
 contract remedy shall not bar the retailer's right to the remedy 
 provided herein as to those farm implements, machinery, 
 attachments and repair parts not affected by the contract 
 remedy.  Notwithstanding anything contained herein, the rights 
 of a manufacturer, wholesaler or distributor to charge back to 
 the retailer's account amounts previously paid or credited as a 
 discount incident to the retailer's purchase of goods shall not 
 be affected.  Further, any repurchase hereunder shall not be 
 subject to the provisions of the bulk sales law.  

    Subd. 3.    Death of dealer; repurchase from heirs.  In 
 the event of the death of the retail dealer or majority 
 stockholder in a corporation operating a retail dealership in 
 the business of selling and retailing farm implements, 
 machinery, attachments or repair parts therefor, the 
 manufacturer, wholesaler or distributor shall, unless the heir 
 or heirs of the deceased agree to continue to operate the 
 dealership, repurchase the merchandise from the heir or heirs 
 upon the same terms and conditions as are otherwise provided in 
 this section.  In the event the heir or heirs do not agree to 
 continue to operate the retail dealership, it shall be deemed a 
 cancellation or discontinuance of the contract by the retailer 
 under the provisions of subdivision 1.  

    Subd. 4.    Failure to pay sums specified on cancellation 
 of contracts; liability.  In the event that any manufacturer, 
 wholesaler, or distributor of farm implements, machinery, 
 attachments and repair parts, or outdoor power equipment and 
 attachments and repair parts, data processing and communications 
 hardware and software, and specialized repair tools and signage, 
 upon the cancellation of a contract by either a retailer or such 
 manufacturer, wholesaler, or distributor, fails or refuses to 
 make payment to the dealer or the dealer's heir or heirs as 
 required by this section, the manufacturer, wholesaler, or 
 distributor shall be liable in a civil action to be brought by 
 the retailer or the retailer's heir or heirs for (a) 100 percent 
 of the net cost of the farm implements, machinery, and 
 attachments, (b) transportation charges and reasonable assembly 
 which have been paid by the retailer, (c) 95 percent of the 
 current net price of repair parts, 100 percent of invoiced 
 prices and 50 percent of the price of all other parts as 
 provided in subdivision 1, and (d) five percent for handling, 
 packing and loading, if applicable.  

    Subd. 5.    Exceptions.  Unless a retailer has delivered 
 parts to an escrow agent pursuant to subdivision 1, this section 
 shall not require the repurchase from a retailer of a repair 
 part where the retailer previously has failed to return the 
 repair part to the wholesaler, manufacturer, or distributor 
 after being offered a reasonable opportunity to return the 
 repair part at a price not less than (a) 95 percent of the net 
 price of the repair part as listed in the then current price 
 list or catalog, (b) 100 percent of the invoiced price, and (c) 
 50 percent of the most recent published price as provided in 
 subdivision 1.  This section shall not require the repurchase 
 from a retailer of repair parts which have a limited storage 
 life or are otherwise subject to deterioration, such as rubber 
 items, gaskets and batteries, unless those items have been 
 purchased from the wholesaler, manufacturer, or distributor 
 within the past two years; repair parts which because of their 
 condition are not resalable as new parts without reconditioning; 
 repair parts which have lost required traceability for quality 
 assurance requirements; and repair parts that were marked 
 nonreturnable or future nonreturnable when the retailer ordered 
 them.  

    Subd. 6.    Definition.  (a) For the purposes of this 
 section "farm implements" mean every vehicle designed or adapted 
 and used exclusively for agricultural operations and only 
 incidentally operated or used upon the highways. 

    (b) For the purposes of this section, "outdoor power 
 equipment" does not include motorcycles, boats, personal 
 watercraft, snowmobiles, or all-terrain vehicles designed for 
 recreation. 

    Subd. 7.    Successor in interest.  The obligations 
 under this section of a wholesaler, manufacturer, or distributor 
 apply to its successor in interest or assignee.  A successor in 
 interest includes a purchaser of assets or stock, a surviving 
 corporation resulting from a merger or liquidation, a receiver, 
 and a trustee of the original wholesaler, manufacturer, or 
 distributor. 

    HIST: 1974 c 158 s 1 subds 1-6; 1985 c 155 s 1; 1986 c 444; 
 1988 c 502 s 2-5; 1989 c 76 s 1-3; 2001 c 72 s 1-4 

     325E.061 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 325E.061 to 325E.065, the terms defined in this section have the 
 meanings given them. 

    Subd. 2.    Farm equipment.  "Farm equipment" means 
 equipment and parts for equipment including, but not limited to, 
 tractors, trailers, combines, tillage implements, balers, skid 
 steer loaders, attachments and repair parts for them, and other 
 equipment, including attachments and repair parts, used in the 
 planting, cultivating, irrigation, harvesting, and marketing of 
 agricultural products, excluding self-propelled machines 
 designed primarily for the transportation of persons or property 
 on a street or highway. 

    Subd. 3.    Farm equipment manufacturer.  "Farm 
 equipment manufacturer" means a person, partnership, 
 corporation, association, or other form of business enterprise 
 engaged in the manufacturing, assembly, or wholesale 
 distribution of farm equipment.  The term also includes any 
 successor in interest of the farm equipment manufacturer, 
 including any purchaser of assets or stock, any surviving 
 corporation resulting from a merger or liquidation, any receiver 
 or assignee, or any trustee of the original farm equipment 
 manufacturer.  

    Subd. 4.    Farm equipment dealer or dealership.  "Farm 
 equipment dealer" or "farm equipment dealership" means a person, 
 partnership, corporation, association, or other form of business 
 enterprise engaged in acquiring farm equipment from a 
 manufacturer and reselling the farm equipment at wholesale or 
 retail. 

    Subd. 5.    Dealership agreement.  "Dealership agreement"
 means an oral or written agreement of definite or indefinite 
 duration between a farm equipment manufacturer and a farm 
 equipment dealer which enables the dealer to purchase equipment 
 from the manufacturer and provides for the rights and 
 obligations of the parties with respect to the purchase or sale 
 of farm equipment. 

    HIST: 1988 c 511 s 1; 1991 c 70 s 1-3 

     325E.062 Terminations or cancellations. 

    Subdivision 1.    Good cause required.  No farm 
 equipment manufacturer, directly or through an officer, agent, 
 or employee may terminate, cancel, fail to renew, or 
 substantially change the competitive circumstances of a 
 dealership agreement without good cause.  "Good cause" means 
 failure by a farm equipment dealer to substantially comply with 
 essential and reasonable requirements imposed upon the dealer by 
 the dealership agreement, if the requirements are not different 
 from those requirements imposed on other similarly situated 
 dealers by their terms.  In addition, good cause exists whenever:

    (1) without the consent of the farm equipment manufacturer 
 who shall not withhold consent unreasonably, (a) the farm 
 equipment dealer has transferred an interest in the farm 
 equipment dealership, or (b) there has been a withdrawal from 
 the dealership of an individual proprietor, partner, major 
 shareholder, or the manager of the dealership, or (c) there has 
 been a substantial reduction in interest of a partner or major 
 stockholder; 

    (2) the farm equipment dealer has filed a voluntary 
 petition in bankruptcy or has had an involuntary petition in 
 bankruptcy filed against it which has not been discharged within 
 30 days after the filing, or there has been a closeout or sale 
 of a substantial part of the dealer's assets related to the farm 
 equipment business, or there has been a commencement of 
 dissolution or liquidation of the dealer; 

    (3) there has been a change, without the prior written 
 approval of the manufacturer, in the location of the dealer's 
 principal place of business under the dealership agreement; 

    (4) the farm equipment dealer has defaulted under a chattel 
 mortgage or other security agreement between the dealer and the 
 farm equipment manufacturer, or there has been a revocation or 
 discontinuance of a guarantee of the dealer's present or future 
 obligations to the farm equipment manufacturer; 

    (5) the farm equipment dealer has failed to operate in the 
 normal course of business for seven consecutive days or has 
 otherwise abandoned the business; 

    (6) the farm equipment dealer has pleaded guilty to or has 
 been convicted of a felony affecting the relationship between 
 the dealer and manufacturer; 

    (7) the dealer has engaged in conduct which is injurious or 
 detrimental to the dealer's customers or to the public welfare; 
 or 

    (8) the farm equipment dealer, after receiving notice from 
 the manufacturer of its requirements for reasonable market 
 penetration based on the manufacturer's experience in other 
 comparable marketing areas, consistently fails to meet the 
 manufacturer's market penetration requirements. 

    Subd. 2.    Notice.  Except as otherwise provided in 
 this subdivision, a farm equipment manufacturer shall provide a 
 farm equipment dealer at least 90 days' prior written notice of 
 termination, cancellation, or nonrenewal of the dealership 
 agreement.  The notice shall state all reasons constituting good 
 cause for the action and shall provide that the dealer has 60 
 days in which to cure any claimed deficiency.  If the deficiency 
 is rectified within 60 days, the notice is void.  The notice and 
 right to cure provisions under this section do not apply if the 
 reason for termination, cancellation, or nonrenewal is for any 
 reason set forth in subdivision 1, clauses (1) to (7). 

    HIST: 1988 c 511 s 2 

     325E.063 Violations. 

    (a) It is a violation of sections 325E.061 to 325E.065 for 
 a farm equipment manufacturer to coerce a farm equipment dealer 
 to accept delivery of farm equipment which the farm equipment 
 dealer has not voluntarily ordered. 

    (b) It is a violation of sections 325E.061 to 325E.065 for 
 a farm equipment manufacturer to: 

    (1) condition or attempt to condition the sale of farm 
 equipment on a requirement that the farm equipment dealer also 
 purchase other goods or services; except that a farm equipment 
 manufacturer may require the dealer to purchase all parts 
 reasonably necessary to maintain the quality of operation in the 
 field of any farm equipment used in the trade area and 
 telecommunication necessary to communicate with the farm 
 equipment manufacturer; 

    (2) coerce a farm equipment dealer into a refusal to 
 purchase the farm equipment manufactured by another farm 
 equipment manufacturer; 

    (3) discriminate in the prices charged for farm equipment 
 of like grade and quality sold by the farm equipment 
 manufacturer to similarly-situated farm equipment dealers.  The 
 clause does not prevent the use of differentials which make only 
 due allowance for difference in the cost of manufacture, sale, 
 or delivery or for the differing methods or quantities in which 
 the farm equipment is sold or delivered, by the farm equipment 
 manufacturer; or 

    (4) attempt or threaten to terminate, cancel, fail to 
 renew, or substantially change the competitive circumstances of 
 the dealership agreement if the attempt or threat is based on 
 the results of a natural disaster, including a sustained drought 
 in the dealership market area, a labor dispute, or other 
 circumstance beyond the dealer's control. 

    HIST: 1988 c 511 s 3; 1991 c 70 s 4 

     325E.0631 Warranties. 

    Subdivision 1.    Application.  The requirements of this 
 section apply to all warranty claims submitted by a dealer to a 
 farm equipment manufacturer in which the farm equipment dealer 
 has complied with the reasonable policies and procedures 
 contained in the farm equipment manufacturer's warranty. 

    Subd. 2.    Prompt payment.  Claims filed for payment 
 under warranty agreements must be approved or disapproved within 
 30 days of receipt by the farm equipment manufacturer.  Unless 
 the farm equipment dealer agrees to a later date, approved 
 claims for payment must be paid within 30 days of their 
 approval.  When a claim is disapproved, the farm equipment 
 manufacturer shall notify the dealer within the 30-day period 
 stating the specific grounds on which the disapproval is based.  
 Any claim not specifically disapproved within 30 days of receipt 
 is deemed approved and must be paid within 30 days. 

    Subd. 3.    Posttermination claims.  If, after 
 termination of a contract, a dealer submits a warranty claim for 
 warranty work performed before the effective date of the 
 termination, the farm equipment manufacturer shall approve or 
 disapprove the claim within 30 days of receipt. 

    Subd. 4.    Compensation for warranty work.  Warranty 
 work performed by the dealer must be compensated in accordance 
 with the reasonable and customary amount of time required to 
 complete the work, expressed in hours and fractions of hours 
 multiplied by the dealer's established customer hourly retail 
 labor rate, which the dealer shall communicate to the farm 
 equipment manufacturer before performing the warranty work. 

    Subd. 5.    Expenses.  Expenses expressly excluded under 
 the farm equipment manufacturer's warranty to the customer must 
 not be included in claims and are not required to be paid on 
 requests for compensation from the dealer for warranty work 
 performed. 

    Subd. 6.    Compensation for parts.  All parts used by 
 the dealer in performing warranty work must be paid to the 
 dealer in the amount equal to the dealer's net price for the 
 parts, plus a minimum of 15 percent to reimburse the dealer for 
 reasonable costs of doing business in performing warranty 
 service on the farm equipment manufacturer's behalf, including 
 but not limited to freight and handling costs. 

    Subd. 7.    Adjustment for errors.  The farm equipment 
 manufacturer may adjust for errors discovered during audit, and 
 if necessary, to adjust claims paid in error. 

    Subd. 8.    Alternate terms and conditions.  A dealer 
 may choose to accept alternate reimbursement terms and 
 conditions in lieu of the requirements of subdivisions 2 to 7, 
 provided there is a written dealer agreement between the farm 
 equipment manufacturer and the dealer providing for compensation 
 to the dealer for warranty labor costs either as:  (1) a 
 discount in the pricing of the equipment to the dealer; or (2) a 
 lump-sum payment to the dealer.  The discount or lump sum must 
 be no less than five percent of the suggested retail price of 
 the equipment.  If the requirements of this subdivision are met 
 and alternate terms and conditions are in place, subdivisions 2 
 to 7 do not apply and the alternate terms and conditions are 
 enforceable. 

    HIST: 2003 c 78 s 1 

     325E.064 Status of inconsistent agreements. 

    A term of a dealership agreement either expressed or 
 implied, including a choice of law provision, which is 
 inconsistent with the terms of sections 325E.061 to 325E.065 or 
 that purports to waive a farm equipment manufacturer's 
 compliance with sections 325E.061 to 325E.065 is void and 
 unenforceable and does not waive any rights which are provided 
 to a person by sections 325E.061 to 325E.065. 

    HIST: 1988 c 511 s 4; 1991 c 70 s 5 

     325E.065 Remedies. 

    If a farm equipment manufacturer violates sections 325E.061 
 to 325E.065, a farm equipment dealer may bring an action against 
 the manufacturer in a court of competent jurisdiction for 
 damages sustained by the dealer as a consequence of the 
 manufacturer's violation, together with the actual costs of the 
 action, including reasonable attorney's fees, and the dealer 
 also may be granted injunctive relief against unlawful 
 termination, cancellation, nonrenewal, or substantial change of 
 competitive circumstances.  The remedies in this section are in 
 addition to any other remedies permitted by law. 

    HIST: 1988 c 511 s 5 

     325E.066 Citation. 

    Sections 325E.061 to 325E.065 may be cited as the 
 "Minnesota Agricultural Equipment Dealership Act." 

    HIST: 1988 c 511 s 6 

     325E.067 Applicability. 

    The provisions of sections 325E.061 to 325E.065 are 
 effective April 14, 1988, and apply to all dealership agreements 
 now in effect which have no expiration date and which are 
 continuing contracts, and all other contracts entered into, 
 amended, or renewed after April 14, 1988.  Any contract in force 
 and effect on April 14, 1988, which by its terms will terminate 
 on a date subsequent thereto and which is not renewed is 
 governed by the law as it existed before April 14, 1988. 

    HIST: 1988 c 511 s 7 

HEAVY AND UTILITY EQUIPMENT

MANUFACTURERS AND DEALERS

     325E.068 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 325E.068 to 325E.0684, the terms defined in this section have 
 the meanings given them. 

    Subd. 2.    Heavy and utility equipment.  "Heavy and 
 utility equipment," "heavy equipment," or "equipment" means 
 equipment and parts for equipment including but not limited to: 

    (1) excavators, crawler tractors, wheel loaders, 
 compactors, pavers, backhoes, hydraulic hammers, cranes, fork 
 lifts, compressors, generators, attachments and repair parts for 
 them, and other equipment, including attachments and repair 
 parts, used in all types of construction of buildings, highways, 
 airports, dams, or other earthen structures or in moving, stock 
 piling, or distribution of materials used in such construction; 

    (2) trucks and truck parts; or 

    (3) equipment used for, or adapted for use in, mining or 
 forestry applications. 

    Subd. 3.    Heavy and utility equipment manufacturer.  
 "Heavy and utility equipment manufacturer," "heavy equipment 
 manufacturer," or "equipment manufacturer" means a person, 
 partnership, corporation, association, or other form of business 
 enterprise engaged in the manufacturing, assembly, or wholesale 
 distribution of heavy and utility equipment as defined in 
 subdivision 2.  The term also includes a successor in interest 
 of the heavy and utility equipment manufacturer, including a 
 purchaser of assets or stock, a surviving corporation resulting 
 from a merger or liquidation, a receiver or assignee, or a 
 trustee of the original equipment manufacturer. 

    Subd. 4.    Heavy and utility equipment dealer or 
 dealership.  "Heavy and utility equipment dealer" or "heavy 
 and utility equipment dealership" means a person, partnership, 
 corporation, association, or other form of business enterprise 
 engaged in the business of acquiring heavy and utility equipment 
 from a manufacturer and reselling the heavy and utility 
 equipment at wholesale or retail. 

    Subd. 5.    Dealership agreement.  "Dealership agreement"
 means an oral or written agreement of definite or indefinite 
 duration between an equipment manufacturer and an equipment 
 dealer that enables the dealer to purchase heavy and utility 
 equipment from the manufacturer and provides for the rights and 
 obligations of the parties with respect to the purchase or sale 
 of heavy and utility equipment. 

    Subd. 6.    Truck.  "Truck" means a motor vehicle 
 designed and used for carrying things other than passengers, a 
 truck-tractor as defined in section 168.011, subdivision 12, and 
 a semitrailer as defined in section 168.011, subdivision 14.  
 "Truck" does not include a pickup truck or van with a 
 manufacturer's nominal rated carrying capacity of three-fourths 
 ton or less. 

    Subd. 7.    Truck parts.  "Truck parts" means all parts 
 of a truck, including body parts. 

    HIST: 1989 c 267 s 1; 1991 c 70 s 6-8; 1993 c 199 s 1-3; 1996 
 c 291 s 1; 2003 c 78 s 2 

     325E.0681 Terminations or cancellations. 

    Subdivision 1.    Good cause required.  No equipment 
 manufacturer, directly or through an officer, agent, or employee 
 may terminate, cancel, fail to renew, or substantially change 
 the competitive circumstances of a dealership agreement without 
 good cause.  "Good cause" means failure by an equipment dealer 
 to substantially comply with essential and reasonable 
 requirements imposed upon the dealer by the dealership 
 agreement, if the requirements are not different from those 
 requirements imposed on other similarly situated dealers by 
 their terms.  In addition, good cause exists whenever: 

    (a) Without the consent of the equipment manufacturer who 
 shall not withhold consent unreasonably, (1) the equipment 
 dealer has transferred an interest in the equipment dealership, 
 (2) there has been a withdrawal from the dealership of an 
 individual proprietor, partner, major shareholder, or the 
 manager of the dealership, or (3) there has been a substantial 
 reduction in interest of a partner or major stockholder. 

    (b) The equipment dealer has filed a voluntary petition in 
 bankruptcy or has had an involuntary petition in bankruptcy 
 filed against it that has not been discharged within 30 days 
 after the filing, or there has been a closeout or sale of a 
 substantial part of the dealer's assets related to the equipment 
 business, or there has been a commencement of dissolution or 
 liquidation of the dealer. 

    (c) There has been a change, without the prior written 
 approval of the manufacturer, in the location of the dealer's 
 principal place of business under the dealership agreement. 

    (d) The equipment dealer has defaulted under a security 
 agreement between the dealer and the equipment manufacturer, or 
 there has been a revocation or discontinuance of a guarantee of 
 the dealer's present or future obligations to the equipment 
 manufacturer. 

    (e) The equipment dealer has failed to operate in the 
 normal course of business for seven consecutive days or has 
 otherwise abandoned the business. 

    (f) The equipment dealer has pleaded guilty to or has been 
 convicted of a felony affecting the relationship between the 
 dealer and manufacturer. 

    (g) The dealer has engaged in conduct that is injurious or 
 detrimental to the dealer's customers or to the public welfare. 

    (h) The equipment dealer, after receiving notice from the 
 manufacturer of its requirements for reasonable market 
 penetration based on the manufacturer's experience in other 
 comparable marketing areas, consistently fails to meet the 
 manufacturer's market penetration requirements. 

    Subd. 2.    Notice.  Except as otherwise provided in 
 this subdivision, an equipment manufacturer shall provide an 
 equipment dealer at least 90 days' prior written notice of 
 termination, cancellation, or nonrenewal of the dealership 
 agreement.  The notice must state all reasons constituting good 
 cause for the action and must provide that the dealer has until 
 expiration of the notice period in which to cure a claimed 
 deficiency.  If the deficiency is rectified within the notice 
 period, the notice is void.  The notice and right to cure 
 provisions under this section do not apply if the reason for 
 termination, cancellation, or nonrenewal is for any reason set 
 forth in subdivision 1, clauses (a) to (g). 

    Subd. 3.    Obligation to repurchase.  If a dealership 
 agreement is terminated, canceled, or discontinued, the 
 equipment manufacturer shall pay to the dealer, or credit to the 
 dealer's account if the dealer has an outstanding amount owed to 
 the manufacturer, an amount equal to 100 percent of the net cost 
 of all unused heavy and utility equipment in new condition that 
 has been purchased by the dealer from the manufacturer within 
 the 24 months immediately preceding notification by either party 
 of intent to terminate, cancel, or discontinue the agreement.  
 This amount must include transportation and reasonable assembly 
 charges that have been paid by the dealer, or invoiced to the 
 dealer's account by the manufacturer.  The dealer may elect to 
 keep the merchandise instead of receiving payment, if the 
 contract gives the dealer this right. 

    Subd. 4.    Repair parts.  (a) The manufacturer shall 
 pay the dealer, or credit to the dealer's account if the dealer 
 has an outstanding amount owed to the manufacturer, the 
 following:  

    (1) 95 percent of the current net prices on repair parts, 
 including superseded parts listed in current price lists or 
 catalogs in use by the manufacturer on the date of the 
 termination, cancellation, or discontinuance of the agreement; 

    (2) as to any parts not listed in current price lists or 
 catalogs, 100 percent of the invoiced price of the repair part 
 for which the dealer has an invoice if the parts had previously 
 been purchased by the dealer from the manufacturer and are held 
 by the dealer on the date of the termination, cancellation, or 
 discontinuance of the agreement or received by the dealer from 
 the manufacturer after that date; 

    (3) 50 percent of the most recently published price of all 
 other parts if the price list or catalog is not more than ten 
 years old as of the date of the termination, cancellation, or 
 discontinuance of the agreement; 

    (4) net cost less 20 percent per year depreciation for five 
 years following purchase of all data processing and 
 communications hardware and software the retailer purchased from 
 the wholesaler, manufacturer, or distributor, or an approved 
 vendor of the wholesaler, manufacturer, or distributor, to meet 
 the minimum requirements for the hardware and software as set 
 forth by the wholesaler, manufacturer, or distributor; and 

    (5) an amount equal to 75 percent of the net cost to the 
 retailer of specialized repair tools, including computerized 
 diagnostic hardware and software, and signage purchased by the 
 retailer pursuant to the requirements of the wholesaler, 
 manufacturer, or distributor.  Specialized repair tools or 
 signage that have never been used must be repurchased at 100 
 percent of the retailer's cost.  Specialized repair tools must 
 be unique to the wholesaler's, manufacturer's, or distributor's 
 product line, specifically required by the wholesaler, 
 manufacturer, or distributor, and must be in complete and usable 
 condition.  The wholesaler, manufacturer, or distributor may 
 require by contract or agreement that the retailer resell to the 
 wholesaler, manufacturer, or distributor such specialized repair 
 tools and signage for the amounts established in this section or 
 the amount specified in the dealer agreement or contract or fair 
 market value, whichever is greater. 

    (b) The manufacturer shall pay the dealer, or credit to the 
 dealer's account, if the dealer has an outstanding amount owed 
 to the manufacturer, an amount equal to five percent of the 
 prices required to be paid or credited by this subdivision for 
 all parts, data processing and communications hardware and 
 software, and specialized repair tools and signage returned for 
 the handling, packing, and loading of the parts, data processing 
 and communications hardware and software, and specialized repair 
 tools and signage back to the manufacturer unless the 
 manufacturer elects to perform inventorying, packing, and 
 loading of the parts itself.  Upon the payment or allowance of 
 credit to the dealer's account of the sum required by this 
 subdivision, the title to and right to possess the heavy and 
 utility equipment passes to the manufacturer.  However, this 
 section does not affect any security interest that the 
 manufacturer may have in the inventory of the dealer.  

    Subd. 5.    Payment; interest.  Payment required to be 
 made under this section must be made not later than 60 days from 
 the date the heavy and utility equipment is received by the 
 manufacturer, and if not by then paid, the amount payable by the 
 manufacturer bears interest at the maximum rate allowed by law 
 from the date the agreement was terminated, canceled, or 
 discontinued until the date payment is received by the dealer. 

    Subd. 6.    Notice of intent to return.  In lieu of 
 returning the heavy and utility equipment to the manufacturer, 
 the dealer may advise the manufacturer that the dealer has heavy 
 and utility equipment that the dealer intends to return.  The 
 notice of the dealer's intention to return must be in writing, 
 sworn to before a notary public as to the accuracy of the 
 listing of heavy and utility equipment and that all of the items 
 are in usable condition.  The notice must include the name and 
 business address of the person or business who has possession 
 and custody of them and where they may be inspected.  The list 
 may be verified by the manufacturer.  The notice must also state 
 the name and business address of the person or business who has 
 the authority to serve as the escrow agent of the dealer, to 
 accept payment or a credit to the dealer's account on behalf of 
 the dealer, and to release the heavy and utility equipment to 
 the manufacturer.  The notice constitutes the appointment of the 
 escrow agent to act on the dealer's behalf.  

    Subd. 7.    Manufacturer inspection.  (a) The 
 manufacturer has 30 days from the date of the mailing of the 
 notice under subdivision 6, which must be by certified mail, in 
 which to inspect the heavy and utility equipment and verify the 
 accuracy of the dealer's list.  

    (b) The manufacturer shall, within ten days after 
 inspection: 

    (1) pay the escrow agent; 

    (2) give evidence that a credit to the account of the 
 dealer has been made if the dealer has an outstanding amount due 
 the manufacturer; or 

    (3) send to the escrow agent a "dummy credit list" and 
 shipping labels for the return of the heavy and utility 
 equipment to the manufacturer that are acceptable as returns.  

    Subd. 8.    Payment or credit requirements.  If the 
 manufacturer sends a credit list as provided under subdivision 7 
 to the escrow agent, payment or a credit against the dealer's 
 indebtedness in accordance with this subdivision for the 
 acceptable returns must accompany the credit list.  On the 
 receipt of the payment, evidence of a credit to the account of 
 the dealer, or the credit list with payment, the title to and 
 the right to possess the heavy and utility equipment acceptable 
 as returns passes to the manufacturer.  The escrow agent shall 
 ship or cause to be shipped the heavy and utility equipment 
 acceptable as returns to the manufacturer unless the 
 manufacturer elects to personally perform the inventorying, 
 packing, and loading of the heavy and utility equipment.  When 
 they have been received by the manufacturer, notice of their 
 receipt shall be sent by certified mail to the escrow agent who 
 shall then disburse 90 percent of the payment it has received, 
 less its actual expenses and a reasonable fee for its services, 
 to the dealer.  The escrow agent shall keep the balance of the 
 funds in the dealer's escrow account until it is notified that 
 an agreement has been reached as to the nonreturnables.  After 
 being notified of the agreement, the escrow agent shall disburse 
 the remaining funds and dispose of any remaining heavy and 
 utility equipment as provided in the agreement.  If no agreement 
 is reached in a reasonable time, the escrow agent may refer the 
 matter to an arbitrator who has authority to resolve all 
 unsettled issues in the dispute. 

    Subd. 9.    Provisions of contract supplemented.  This 
 section is supplemental to an agreement between the dealer and 
 the manufacturer covering the return of heavy and utility 
 equipment.  The dealer may elect to pursue either the dealer's 
 contract remedy or the remedy provided in this section.  An 
 election by the dealer to pursue the contract remedy does not 
 bar the dealer's right to the remedy provided in this section as 
 to the heavy and utility equipment not affected by the contract 
 remedy.  Notwithstanding anything contained in this section, the 
 rights of a manufacturer to charge back to the dealer's account 
 amounts previously paid or credited as a discount incident to 
 the dealer's purchase of goods is not affected.  

    Subd. 10.    Death of dealer; repurchase from heirs.  In 
 the event of the death of the dealer or majority stockholder in 
 a corporation operating a dealership, the manufacturer shall, 
 unless the heir or heirs of the deceased agree to continue to 
 operate the dealership, repurchase the merchandise from the heir 
 or heirs upon the same terms and conditions as are otherwise 
 provided in this section.  In the event the heir or heirs do not 
 agree to continue to operate the dealership, it shall be deemed 
 a cancellation or discontinuance of the contract by the dealer 
 under subdivision 1.  

    Subd. 11.    Failure to pay sums specified on cancellation 
 of contracts; liability.  In the event that a manufacturer, 
 upon the cancellation of a dealership agreement, fails or 
 refuses to make payment to the dealer or the dealer's heir or 
 heirs as required by this section, the manufacturer is liable in 
 a civil action to be brought by the dealer or the dealer's heir 
 or heirs for:  (1) 100 percent of the net cost of the heavy or 
 utility equipment; (2) transportation and reasonable assembly 
 charges which have been paid by the dealer; (3) 95 percent of 
 the current net price of repair parts, 100 percent of invoiced 
 prices, and 50 percent of the price of all other parts as 
 provided in subdivision 1; (4) payment for data processing and 
 communication hardware and software, or specialized repair tools 
 or signage as outlined in subdivision 1, paragraph (d); and (5) 
 five percent for handling, packing, and loading, if applicable.  

    Subd. 12.    Exceptions.  Unless a dealer has delivered 
 parts to an escrow agent pursuant to subdivision 1, this section 
 does not require the repurchase from a dealer of a repair part 
 where the dealer previously has failed to return the repair part 
 to the manufacturer after being offered a reasonable opportunity 
 to return the repair part at a price not less than:  (1) 100 
 percent of the net price of the repair part as listed in the 
 then current price list or catalog; (2) 100 percent of the 
 invoiced price; and (3) 50 percent of the most recent published 
 price as provided in subdivision 1. 

    This section does not require the repurchase from a dealer 
 of repair parts that have a limited storage life or are 
 otherwise subject to deterioration, such as rubber items, 
 gaskets, and batteries, unless those items have been purchased 
 from the wholesaler, manufacturer, or distributor within the 
 past two years; repair parts which because of their condition 
 are not resalable as new parts without reconditioning; repair 
 parts which have lost required traceability for quality 
 assurance requirements; and repair parts that were marked 
 nonreturnable or future nonreturnable when the retailer ordered 
 them. 

    HIST: 1989 c 267 s 2; 1991 c 71 s 1-10; 1993 c 13 art 2 s 10; 
 2001 c 72 s 5-9 

     325E.0682 Violations. 

    (a) It is a violation of sections 325E.068 to 325E.0684 for 
 an equipment manufacturer to coerce an equipment dealer to 
 accept delivery of heavy and utility equipment that the 
 equipment dealer has not voluntarily ordered. 

    (b) It is a violation of sections 325E.068 to 325E.0684 for 
 an equipment manufacturer to: 

    (1) condition or attempt to condition the sale of equipment 
 on a requirement that the equipment dealer also purchase other 
 goods or services; except that an equipment manufacturer may 
 require the dealer to purchase all parts reasonably necessary to 
 maintain the quality of operation in the field of any equipment 
 used in the trade area and telecommunications necessary to 
 communicate with the equipment manufacturer; 

    (2) coerce an equipment dealer into a refusal to purchase 
 the equipment manufactured by another equipment manufacturer; 

    (3) discriminate in the prices charged for equipment of 
 like grade and quality sold by the equipment manufacturer to 
 similarly situated equipment dealers.  This clause does not 
 prevent the use of differentials that make only due allowance 
 for difference in the cost of manufacture, sale, or delivery or 
 for the differing methods or quantities in which the equipment 
 is sold or delivered, by the equipment manufacturer; or 

    (4) attempt or threaten to terminate, cancel, fail to 
 renew, or substantially change the competitive circumstances of 
 the dealership agreement if the attempt or threat is based on 
 the results of a natural disaster, a labor dispute, or other 
 circumstance beyond the dealer's control. 

    HIST: 1989 c 267 s 3; 1991 c 70 s 9 

     325E.0683 Status of inconsistent agreements. 

    A term of a dealership agreement either expressed or 
 implied, including a choice of law provision, that is 
 inconsistent with the terms of sections 325E.068 to 325E.0684 or 
 that purports to waive an equipment manufacturer's compliance 
 with sections 325E.068 to 325E.0684 is void and unenforceable 
 and does not waive any rights that are provided to a person by 
 sections 325E.068 to 325E.0684. 

    HIST: 1989 c 267 s 4; 1991 c 70 s 10 

     325E.0684 Remedies. 

    If an equipment manufacturer violates sections 325E.068 to 
 325E.0684, an equipment dealer may bring an action against the 
 manufacturer in a court of competent jurisdiction for damages 
 sustained by the dealer as a consequence of the manufacturer's 
 violation, together with the actual costs of the action, 
 including reasonable attorney's fees.  The dealer also may be 
 granted injunctive relief against unlawful termination, 
 cancellation, nonrenewal, or substantial change of competitive 
 circumstances.  The remedies in this section are in addition to 
 any other remedies permitted by law. 

    HIST: 1989 c 267 s 5 

CIGARETTE VENDING MACHINES

     325E.07 Cigarette vending machines, notice relating to 
  sales.  

    Subdivision 1.    Required posting.  In a conspicuous place on 
 each cigarette 
 vending machine in use within the state, there shall be posted, 
 and kept in easily legible form and repair, by the owner, 
 lessee, or person having control thereof, a warning to persons 
 under 18 years of age which shall be printed in bold type 
 letters each of which shall be at least one-half inch high and 
 which shall read as follows: 

    "Any Person Under 18 Years of Age Is Forbidden By Law To 
 Purchase Cigarettes From This Machine." 

    Subd. 2.    Criminal penalty.  Any owner, any lessee, and any 
 person having 
 control of any cigarette vending machine which does not bear the 
 warning required by this section shall be guilty of a 
 misdemeanor.  

    HIST: 1963 c 545 s 1 

  325E.075 Repealed, 1997 c 227 s 8 

GASOLINE STATIONS;

HANDICAPPED SERVICE

     325E.08 Service for handicapped at gasoline stations. 

    All gasoline service stations which offer both full service 
 and self-service gasoline dispensing operations shall provide an 
 attendant to dispense gasoline at the self-service price into 
 vehicles bearing handicapped plates or a handicapped parking 
 certificate issued pursuant to section 168.021. 

    HIST: 1979 c 160 s 1 

MOTOR FUEL SALES; COMPUTATION BY SMALL RETAILERS

  325E.09 Repealed, 1992 c 575 s 54 

     325E.095 Computation of sales by small retailers. 

    A retail business selling less than 50,000 gallons of motor 
 vehicle fuel per year may compute fuel pump sales by the half 
 gallon.  

    This section supersedes any contrary provision of law. 

    HIST: 1983 c 106 s 1 

MOTOR VEHICLES; AIR POLLUTION

CONTROL SYSTEMS

     325E.0951 Motor vehicle air pollution control systems. 

    Subdivision 1.    Definitions.  The definitions in this 
 subdivision apply to this section. 

    (a)    Motor vehicle.  "Motor vehicle" means any 
 self-propelled vehicle powered by an internal combustion engine 
 and designed for use on the public highways, such as 
 automobiles, trucks, and buses. 

    (b)    Person.  "Person" means an individual, firm, 
 partnership, incorporated and unincorporated association, or any 
 other legal or commercial entity. 

    (c)    Air pollution control system.  "Air pollution 
 control system" means any device or element of design installed 
 on or in a motor vehicle or motor vehicle engine in order to 
 comply with pollutant emission restrictions established for the 
 motor vehicle or motor vehicle engine by federal statute or 
 regulation. 

    Subd. 2.    Prohibited acts.  (a) A person may not 
 knowingly tamper with, adjust, alter, change, or disconnect any 
 air pollution control system on a motor vehicle or on a motor 
 vehicle engine. 

    (b) A person may not manufacture, advertise, offer for 
 sale, sell, use, or install a device that causes any air 
 pollution control system not to be functional as designed. 

    (c) A person may not sell or transfer a motor vehicle with 
 knowledge that any air pollution control system is either not in 
 place or is not functional. 

    Subd. 3.    Repairs.  This section does not prevent the 
 service, repair, or replacement of any air pollution control 
 system. 

    Subd. 3a.    Disclosure.  No person may transfer a motor 
 vehicle that was required to be manufactured with an air 
 pollution control system without certifying in writing to the 
 transferee that to the best of the person's knowledge, the air 
 pollution control systems, including the restricted gasoline 
 fill pipe, have not been removed, altered, or rendered 
 inoperative.  The registrar of motor vehicles shall prescribe 
 the manner and form in which this written disclosure must be 
 made.  No transferor may knowingly give a false statement to a 
 transferee in making a disclosure required by this subdivision. 

    Subd. 4.    Penalty.  A person who violates this section 
 is guilty of a misdemeanor. 

    Subd. 5. Repealed, 1995 c 220 s 141 

    Subd. 6.    Nonapplication.  This section does not apply 
 to a sale or transfer of a motor vehicle for the purpose of 
 scrapping, dismantling, or destroying it. 

    HIST: 1Sp1985 c 14 art 19 s 36; 1988 c 487 s 1; 1988 c 634 s 
 11; 1990 c 446 s 4; 1995 c 247 art 1 s 44 

MOTOR OIL COLLECTION; RECYCLING

     325E.10 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 325E.11 to 325E.112 and this section, the terms defined in this 
 section have the meanings given them. 

    Subd. 2.    Motor oil.  "Motor oil" means oil used as a 
 lubricant or hydraulics in a transmission or internal combustion 
 engine motor vehicle as defined in section 168.011, subdivision 
 4. 

    Subd. 2a.    Motor oil filter.  "Motor oil filter" means 
 any filter used in combination with motor oil. 

    Subd. 3.    Used motor oil.  "Used motor oil" means 
 motor oil which through use, storage or handling has become 
 unsuitable for its original purpose due to the presence of 
 impurities or loss of original properties. 

    Subd. 4.    Person.  "Person" means any individual, 
 corporation, partnership, cooperative, association, firm, sole 
 proprietorship, or other entity. 

    Subd. 5.    Used motor oil filter.  "Used motor oil 
 filter" means a motor oil filter which through use, storage, or 
 handling has become unsuitable for its original purpose due to 
 the presence of impurities or loss of original properties. 

    HIST: 1977 c 68 s 1; 1995 c 220 s 118; 1997 c 216 s 130-132; 
 2003 c 128 art 2 s 44 

     325E.11 Collection facilities; notice. 

    (a) Any person selling at retail or offering motor oil or 
 motor oil filters for retail sale in this state shall: 

    (1) post a notice indicating the nearest location where 
 used motor oil and used motor oil filters may be returned at no 
 cost for recycling or reuse, post a toll-free telephone number 
 that may be called by the public to determine a convenient 
 location, or post a listing of locations where used motor oil 
 and used motor oil filters may be returned at no cost for 
 recycling or reuse; or 

    (2) if the person is subject to section 325E.112, 
 subdivision 1, paragraph (b), post a notice informing customers 
 purchasing motor oil or motor oil filters of the location of the 
 used motor oil and used motor oil filter collection site 
 established by the retailer in accordance with section 325E.112, 
 subdivision 1, paragraph (b), where used motor oil and used 
 motor oil filters may be returned at no cost. 

    (b) A notice under paragraph (a) shall be posted on or 
 adjacent to the motor oil and motor oil filter displays, be at 
 least 8-1/2 inches by 11 inches in size, contain the universal 
 recycling symbol with the following language: 

    (1) "It is illegal to put used oil and used motor oil 
 filters in the garbage."; 

    (2) "Recycle your used oil and used motor oil filters."; 
 and 

    (3)(i) "There is a free collection site here for your used 
 oil and used motor oil filters."; 

    (ii) "There is a free collection site for used oil and used 
 motor oil filters located at (name of business and street 
 address)."; 

    (iii) "For the location of a free collection site for used 
 oil and used motor oil filters call (toll-free phone number)."; 
 or 

    (iv) "Here is a list of free collection sites for used oil 
 and used motor oil filters." 

    (c) The Division of Weights and Measures in the Department 
 of Commerce shall enforce compliance with this section as 
 provided in section 239.54.  The Pollution Control Agency shall 
 enforce compliance with this section under sections 115.071 and 
 116.072 in coordination with the Division of Weights and 
 Measures. 

    HIST: 1977 c 68 s 2; 1987 c 348 s 37; 1995 c 220 s 119; 1997 c 
 216 s 133; 1999 c 231 s 182; 1Sp2001 c 4 art 6 s 72 

     325E.112 Used motor oil and used motor oil filter 
  collection. 

    Subdivision 1.    Collection.  (a) Motor oil and motor 
 oil filter manufacturers and retailers shall seek to provide by 
 May 31, 2001: 

    (1) access to at least one nongovernmental site for 
 collection of used motor oil and used motor oil filters from the 
 public within a five-mile radius of any resident in the 
 seven-county metropolitan area; and 

    (2) access to at least one nongovernmental site for 
 collection of used motor oil and used motor oil filters from the 
 public within a city or town with a population of greater than 
 1,500 outside the seven-county metropolitan area.  The 
 commissioner of the Pollution Control Agency shall determine by 
 June 30, 2001, whether these goals have been met. 

    (b) If the commissioner of the Pollution Control Agency 
 determines that motor oil and motor oil filter manufacturers and 
 retailers have not met the goals in paragraph (a) by May 31, 
 2001, then beginning July 1, 2001, all retailers that sell at an 
 individual location more than 1,000 motor oil filters per 
 calendar year at retail for off-site installation must provide 
 for collection of used motor oil and used motor oil filters from 
 the public.  Retailers who do not collect the used motor oil and 
 used motor oil filters at their individual locations may meet 
 the requirement by entering into a written agreement with 
 another party whose location is: 

    (1) within two miles of the retailer's location if the 
 retailer is located: 

    (i) within the Interstate Highway 494/694 beltway; 

    (ii) in a home rule charter or statutory city or a town 
 contiguous to the Interstate Highway 494/694 beltway; or 

    (iii) in a home rule charter or statutory city of over 
 30,000 population within the metropolitan area as defined in 
 section 473.121; or 

    (2) within five miles of the retailer's location if the 
 retailer is not in an area described in clause (1). 

    (c) The written agreement under paragraph (b) must specify 
 that the other party will accept from the public up to ten 
 gallons of used motor oil and ten used motor oil filters per 
 person per month during normal hours of operation unless: 

    (1) the used motor oil is known to be contaminated with 
 antifreeze, other hazardous waste, or other materials which may 
 increase the cost of used motor oil management and disposal; 

    (2) the storage equipment for that particular waste is 
 temporarily filled to capacity; or 

    (3) the used motor oil or used motor oil filters are from a 
 business. 

    (d) Persons accepting used motor oil from the public in 
 accordance with this subdivision shall presume that the used 
 motor oil is not contaminated with hazardous waste, provided the 
 person offering the used motor oil is acting in good faith and 
 the person accepting the used motor oil does not have evidence 
 to the contrary.  Persons collecting used motor oil from the 
 public must take precautions to prevent contamination of used 
 motor oil storage equipment.  Precautions may include, but are 
 not limited to, keeping a log of persons dropping off used motor 
 oil, securing access to used motor oil storage equipment, or 
 posting signage at the site indicating the proper use of the 
 equipment. 

    (e) Persons accepting used motor oil and used motor oil 
 filters under paragraph (b), including persons accepting the oil 
 and filters on behalf of the retailer, may not charge a fee when 
 accepting ten gallons or less of used motor oil or ten or fewer 
 used motor oil filters per person per month. 

    (f) Persons that receive contaminated used motor oil may 
 manage the used motor oil as household hazardous waste through 
 publicly administered household hazardous waste collection 
 programs, with approval from the household hazardous waste 
 program.  Used motor oil contaminated with hazardous waste from 
 the public that cannot be managed through a household hazardous 
 waste collection program must be managed as a hazardous waste in 
 accordance with rules adopted by the Pollution Control Agency. 

    Subd. 2.    Reimbursement program.  A contaminated used 
 motor oil reimbursement program is established to provide 
 reimbursement of the costs of disposing of contaminated used 
 motor oil.  In order to receive reimbursement, persons who 
 accept used motor oil from the public or parties that they have 
 contracted with to accept used motor oil must provide to the 
 commissioner of the Pollution Control Agency proof of 
 contamination, information on methods the person used to prevent 
 the contamination of used motor oil at the site, a copy of the 
 billing for disposal costs incurred because of the contamination 
 and proof of payment, and a copy of the hazardous waste manifest 
 or shipping paper used to transport the waste.  The commissioner 
 shall reimburse a recipient of contaminated used motor oil 100 
 percent of the costs of properly disposing of the contaminated 
 used motor oil.  The commissioner may not reimburse persons who 
 intentionally place contaminants or do not take precautions to 
 prevent contaminants from being placed in used motor oil, or 
 operate a private collection site that: 

    (1) is not publicly promotable or listed with the agency; 

    (2) does not accept up to five gallons of used motor oil 
 and five used motor oil filters per person per day without 
 charging a fee; or 

    (3) does not control access to the site during times when 
 the site is closed. 

    A person operating a collection site may refuse to accept 
 any used motor oil or used motor oil filter: 

    (1) that is from a business; 

    (2) that appears to be contaminated with antifreeze, 
 hazardous waste, or other materials that may increase the cost 
 of used motor oil management and disposal; or 

    (3) when the storage equipment for that particular waste is 
 temporarily filled. 

 Persons operating government collection sites are eligible for 
 reimbursement of the costs of disposing of contaminated used 
 motor oil.  Reimbursements made under this subdivision are 
 limited to the money available in the contaminated used motor 
 oil reimbursement account. 

    Subd. 2a. Repealed, 1Sp2003 c 21 art 8 s 20 

    Subd. 3. Repealed, 2003 c 128 art 2 s 56 

    Subd. 4.    Liability exemption.  Persons who accept 
 used motor oil and used motor oil filters from the public and 
 retailers and manufacturers who contract with such persons for 
 purposes of subdivision 1 are exempt from liability under 
 chapter 115B for the used motor oil, contaminated used motor 
 oil, and used motor oil filters accepted at facilities that 
 accept used motor oil or used motor oil filters from the public 
 free of charge, after the used motor oil, contaminated used 
 motor oil, and used motor oil filters are sent off-site in 
 compliance with rules adopted by the Pollution Control Agency. 

    Subd. 5.    Enforcement.  The commissioner of the 
 Pollution Control Agency shall enforce compliance with this 
 section under sections 115.071 and 116.072. 

    HIST: 1995 c 220 s 120; 1997 c 216 s 134; 1998 c 389 art 16 s 
 16; 1999 c 231 s 183-185 

  325E.113 Repealed, 2003 c 128 art 2 s 56 

LEAD ACID BATTERIES

     325E.115 Lead acid batteries; collection for recycling. 

    Subdivision 1.    Surcharge; collection; notice.  (a) A 
 person selling lead acid batteries at retail or offering lead 
 acid batteries for retail sale in this state shall: 

    (1) accept, at the point of transfer, lead acid batteries 
 from customers; 

    (2) charge a fee of $5 per battery sold unless the customer 
 returns a used battery to the retailer; and 

    (3) post written notice in accordance with section 
 325E.1151.  

    (b) Any person selling lead acid batteries at wholesale or 
 offering lead acid batteries for sale at wholesale must accept, 
 at the point of transfer, lead acid batteries from customers. 

    Subd. 2.    Compliance; management.  The Division of 
 Weights and Measures in the Department of Commerce shall enforce 
 compliance of subdivision 1 as provided in section 239.54.  The 
 commissioner of the Pollution Control Agency shall inform 
 persons governed by subdivision 1 of requirements for managing 
 lead acid batteries.  

    HIST: 1987 c 186 s 15; 1987 c 348 s 38; 1Sp1989 c 1 art 20 s 
 21; 1991 c 337 s 58; 1Sp2001 c 4 art 6 s 73 

     325E.1151 Lead acid battery purchase and return. 

    Subdivision 1.    Purchasers must return battery or pay 
 $5.  (a) A person who purchases a lead acid battery at retail, 
 except a lead acid battery that is designed to provide power for 
 a boat motor that is purchased at the same time as the battery, 
 must: 

    (1) return a lead acid battery to the retailer; or 

    (2) pay the retailer a $5 surcharge. 

    (b) A person who has paid a $5 surcharge under paragraph (a)
 must receive a $5 refund from the retailer if the person returns 
 a lead acid battery with a receipt for the purchase of a new 
 battery from that retailer within 30 days after purchasing a new 
 lead acid battery. 

    (c) A retailer may keep the unrefunded surcharges for lead 
 acid batteries not returned within 30 days. 

    Subd. 2.    Retailers must accept batteries.  (a) A 
 person who sells lead acid batteries at retail must accept lead 
 acid batteries from consumers and may not charge to receive the 
 lead acid batteries.  A consumer may not deliver more than five 
 lead acid batteries to a retailer at one time. 

    (b) A retailer of lead acid batteries must recycle the lead 
 acid batteries received from consumers. 

    (c) A retailer who violates paragraph (b) is guilty of a 
 misdemeanor.  Each lead acid battery that is not recycled is a 
 separate violation. 

    Subd. 3.    Retailers must post notices.  (a) A person 
 who sells lead acid batteries at retail must post the notice in 
 paragraph (b) in a manner clearly visible to a consumer making 
 purchasing decisions. 

    (b) The notice must be at least 8-1/2 inches by 11 inches 
 and contain the universal recycling symbol and state: 

                     "NOTICE:  USED BATTERIES

    This retailer is required to accept your used lead acid 
 batteries, EVEN IF YOU DO NOT PURCHASE A BATTERY.  When you 
 purchase a new battery, you will be charged an additional $5 
 unless you return a used battery within 30 days. 

    It is a crime to put a motor vehicle battery in the 
 garbage." 

    Subd. 4.    Notices required in newspaper advertisements. 
  (a) An advertisement for sale of new lead acid batteries at 
 retail in newspapers published in this state must contain the 
 notice in paragraph (b). 

    (b) The notice must state: 

    "$5 additional charge unless a used lead acid battery is 
    returned.  Improper disposal of a lead acid battery is a 
    crime." 

    HIST: 1Sp1989 c 1 art 20 s 22; 1991 c 337 s 59; 1993 c 249 s 
 32 

     325E.12 Penalty. 

    Violation of sections 325E.10 to 325E.1151 is a petty 
 misdemeanor.  Sections 325E.10 to 325E.1151 may be enforced 
 under section 115.071. 

    HIST: 1977 c 68 s 3; 1993 c 249 s 33 

BATTERIES AND CORDLESS PRODUCTS

     325E.125 General and special purpose battery 
  requirements. 

    Subdivision 1.    Labeling.  (a) The manufacturer of a 
 button cell battery that is to be sold in this state shall 
 ensure that each battery contains no intentionally introduced 
 mercury or is labeled to clearly identify for the final consumer 
 of the battery the type of electrode used in the battery. 

    (b) The manufacturer of a rechargeable battery that is to 
 be sold in this state shall ensure that each rechargeable 
 battery is labeled to clearly identify for the final consumer of 
 the battery the type of electrode and the name of the 
 manufacturer.  The manufacturer of a rechargeable battery shall 
 also provide clear instructions for properly recharging the 
 battery. 

    Subd. 2.    Mercury content.  (a) Except as provided in 
 paragraph (c), a manufacturer may not sell, distribute, or offer 
 for sale in this state an alkaline manganese battery that 
 contains more than 0.025 percent mercury by weight.  

    (b) On application, the commissioner of the Pollution 
 Control Agency may exempt a specific type of battery from the 
 requirements of paragraph (a) or (d) if there is no battery 
 meeting the requirements that can be reasonably substituted for 
 the battery for which the exemption is sought.  A battery 
 exempted by the commissioner under this paragraph is subject to 
 the requirements of section 115A.9155, subdivision 2. 

    (c) Notwithstanding paragraph (a), a manufacturer may not 
 sell, distribute, or offer for sale in this state a button cell 
 nonrechargeable battery not subject to paragraph (a) that 
 contains more than 25 milligrams of mercury. 

    (d) A manufacturer may not sell, distribute, or offer for 
 sale in this state a dry cell battery containing a mercuric 
 oxide electrode. 

    (e) After January 1, 1996, a manufacturer may not sell, 
 distribute, or offer for sale in this state an alkaline 
 manganese battery, except an alkaline manganese button cell, 
 that contains mercury unless the commissioner of the Pollution 
 Control Agency determines that compliance with this requirement 
 is not technically and commercially feasible. 

    Subd. 2a.    Approval of new batteries.  A manufacturer 
 may not sell, distribute, or offer for sale in this state a 
 nonrechargeable battery other than a zinc air, zinc carbon, 
 silver oxide, lithium, or alkaline manganese battery, without 
 first having received approval of the battery from the 
 commissioner of the Pollution Control Agency.  The commissioner 
 shall approve only batteries that comply with subdivision 1 and 
 do not pose an undue hazard when disposed of.  This subdivision 
 is intended to ensure that new types of batteries do not add 
 additional hazardous or toxic materials to the state's mixed 
 municipal waste stream. 

    Subd. 3.    Rechargeable tools and appliances.  (a) A 
 manufacturer may not sell, distribute, or offer for sale in this 
 state a rechargeable consumer product unless: 

    (1) the battery can be easily removed by the consumer or is 
 contained in a battery pack that is separate from the product 
 and can be easily removed; and 

    (2) the product and the battery are both labeled in a 
 manner that is clearly visible to the consumer indicating that 
 the battery must be recycled or disposed of properly and the 
 battery must be clearly identifiable as to the type of electrode 
 used in the battery. 

    (b) "Rechargeable consumer product" as used in this 
 subdivision means any product that contains a rechargeable 
 battery and is primarily used or purchased to be used for 
 personal, family, or household purposes.  

    (c) On application by a manufacturer, the commissioner of 
 the Pollution Control Agency may exempt a rechargeable consumer 
 product from the requirements of paragraph (a) if: 

    (1) the product cannot be reasonably redesigned and 
 manufactured to comply with the requirements prior to the 
 effective date of Laws 1990, chapter 409, section 2; 

    (2) the redesign of the product to comply with the 
 requirements would result in significant danger to public health 
 and safety; or 

    (3) the type of electrode used in the battery poses no 
 unreasonable hazards when placed in and processed or disposed of 
 as part of mixed municipal solid waste. 

    (d) An exemption granted by the commissioner of the 
 Pollution Control Agency under paragraph (c), clause (1), must 
 be limited to a maximum of two years and may be renewed. 

    Subd. 4.    Rechargeable batteries and products; notice. 
  (a) A person who sells rechargeable batteries or products 
 powered by rechargeable batteries governed by section 115A.9157 
 at retail shall post the notice in paragraph (b) in a manner 
 clearly visible to a consumer making purchasing decisions. 

    (b) The notice must be at least four inches by six inches 
 and state: 

    "ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS 
 PRODUCTS: 

    Under Minnesota law, manufacturers of rechargeable 
 batteries, rechargeable battery packs, and products powered by 
 nonremovable rechargeable batteries will provide a special 
 collection system for these items by April 15, 1994.  It is 
 illegal to put rechargeable batteries in the garbage.  Use the 
 special collection system that will be provided in your area.  
 Take care of our environment. 

    DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY 
 NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE."  

    (c) Notice is not required for home solicitation sales, as 
 defined in section 325G.06, or for catalogue sales. 

    Subd. 5.    Prohibitions.  A manufacturer of 
 rechargeable batteries or products powered by rechargeable 
 batteries that does not participate in the pilot projects and 
 programs required in section 115A.9157 may not sell, distribute, 
 or offer for sale in this state rechargeable batteries or 
 products powered by rechargeable batteries after January 1, 1992.

    After January 1, 1992, a person who first purchases 
 rechargeable batteries or products powered by rechargeable 
 batteries for importation into the state for resale may not 
 purchase rechargeable batteries or products powered by 
 rechargeable batteries made by any person other than a 
 manufacturer that participates in the projects and programs 
 required under section 115A.9157. 

    HIST: 1990 c 409 s 2; 1991 c 257 s 3-6; 1992 c 593 art 1 s 35; 
 1993 c 249 s 34 

     325E.1251 Penalty enforcement. 

    Subdivision 1.    Penalty.  Violation of section 
 325E.125 is a misdemeanor.  A manufacturer who violates section 
 325E.125 is also subject to a minimum fine of $100 per violation.

    Subd. 2.    Recovery of costs.  Section 325E.125 may be 
 enforced under section 115.071.  In an enforcement action under 
 this section in which the state prevails, the state may recover 
 reasonable administrative expenses, court costs, and attorney 
 fees incurred to take the enforcement action, in an amount to be 
 determined by the court. 

    HIST: 1990 c 409 s 3; 1991 c 257 s 7; 1993 c 249 s 35 

ODOMETERS

     325E.13 Tampering with odometers; definitions.  

    Subdivision 1.    Scope.  For the purposes of sections 325E.13 
 to 
 325E.16, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Owner.  "Owner" means a person, other than a secured 
 party, having the property in or title to a vehicle.  The term 
 includes a person entitled to the use and possession of a 
 vehicle subject to a security interest in another person, but 
 excludes a lessee under a lease not intended as security.  

    Subd. 3.    Motor vehicle.  "Motor vehicle" means any 
 self-propelled vehicle 
 not operated exclusively upon railroad tracks, except 
 snowmobiles and other devices designed and used primarily for 
 the transportation of persons over natural terrain, snow, or ice 
 propelled by wheels, skis, tracks, runners, or whatever other 
 means.  

    Subd. 4.    Person.  "Person" means an individual, firm, 
 partnership, 
 incorporated and unincorporated association, or any other legal 
 or commercial entity.  

    HIST: 1973 c 264 s 1 

     325E.14 Prohibited acts.  

    Subdivision 1.    Tampering.  No person shall knowingly tamper 
 with, 
 adjust, alter, change, set back, disconnect or, with intent to 
 defraud, fail to connect the odometer of any motor vehicle, or 
 cause any of the foregoing to occur to an odometer of a motor 
 vehicle, so as to reflect a lower mileage than has actually been 
 driven by the motor vehicle. 

    Subd. 2.    Operating restriction.  No person shall with intent 
 to defraud, operate a 
 motor vehicle on any street or highway knowing that the odometer 
 of the motor vehicle is disconnected or nonfunctional.  

    Subd. 3.    Sales and use restrictions.  No person shall 
 advertise for sale, sell, use or 
 install on any part of a motor vehicle or on any odometer in a 
 motor vehicle any device which causes the odometer to register 
 any mileage other than the true mileage.  

    Subd. 4.    Sales restriction.  No person shall sell or offer 
 for sale any motor 
 vehicle with knowledge that the mileage registered on the 
 odometer has been altered so as to reflect a lower mileage than 
 has actually been driven by the motor vehicle without disclosing 
 such fact to prospective purchasers.  

    Subd. 5.    Conspiracy.  No person shall conspire with any other 
 person to 
 violate this section or section 325E.15.  

    Subd. 6.    Repair or replacement restriction.  Nothing in this 
 section shall prevent the 
 service, repair, or replacement of an odometer, provided the 
 mileage indicated thereon remains the same as before the 
 service, repair, or replacement.  Where the odometer is 
 incapable of registering the same mileage as before such 
 service, repair, or replacement, the odometer shall be adjusted 
 to read zero and a written notice shall be attached to the left 
 door frame of the vehicle by the owner or an agent specifying 
 the mileage prior to repair or replacement of the odometer and 
 the date on which it was repaired or replaced.  No person shall 
 remove or alter such a notice so affixed.  

    HIST: 1973 c 264 s 2; 1986 c 444 

     325E.15 Transfer of motor vehicle; mileage disclosure. 

    No person shall transfer a motor vehicle without disclosing 
 in writing to the transferee the true mileage registered on the 
 odometer reading or that the actual mileage is unknown if the 
 odometer reading is known by the transferor to be different from 
 the true mileage.  The regulations contained in Code of Federal 
 Regulations, title 49, sections 580.1 to 580.17, as amended 
 through October 1, 1998, implementing Title IV of the Federal 
 Motor Vehicle Information and Cost Savings Act prescribe the 
 manner in which written disclosure must be made in this state 
 and are adopted by reference.  No transferor shall violate any 
 regulations adopted under this section or knowingly give a false 
 statement to a transferee in making any disclosure required by 
 the regulations. 

    HIST: 1973 c 264 s 3; 2000 c 426 s 30 

     325E.16 Penalties; remedies.  

    Subdivision 1.    Criminal penalty.  Any person who is found to 
 have violated 
 sections 325E.13 to 325E.16 shall be guilty of a gross 
 misdemeanor.  

    Subd. 2.    Civil penalty.  In addition to the penalties 
 provided in 
 subdivision 1, any person who is found to have violated sections 
 325E.13 to 325E.16 shall be subject to the penalties provided in 
 section 8.31.  

    Subd. 3.    Civil action.  Any person injured by a violation of 
 sections 
 325E.13 to 325E.16 shall recover the actual damages sustained 
 together with costs and disbursements, including a reasonable 
 attorney's fee, provided that the court in its discretion may 
 increase the award of damages to an amount not to exceed three 
 times the actual damages sustained or $1,500, whichever is 
 greater.  

    HIST: 1973 c 264 s 4 

RECORDED MATERIAL

     325E.169 Definitions. 

    Subdivision 1.    Scope.  For the purpose of sections 
 325E.169 to 325E.201, the terms defined in this section have the 
 meanings given them. 

    Subd. 2.    Person.  "Person" means an individual, firm, 
 partnership, limited liability company, corporation, or 
 association. 

    Subd. 3.    Owner.  "Owner" means the person who owns 
 the sounds or images fixed in a master recording upon which 
 sounds or images are recorded and from which the transferred 
 recorded sounds or images are directly or indirectly derived. 

    Subd. 4.    Recording.  "Recording" means the tangible 
 medium on which sounds or images are recorded or otherwise 
 stored and includes a phonograph record, disc, tape, audio or 
 video cassette, wire, film, or other medium now known or later 
 developed on which sounds or images may be recorded or stored. 

    HIST: 1993 c 221 s 1 

     325E.17 Unlawful transfers or sales of recordings. 

    Unless exempt under section 325E.19, it is unlawful for any 
 person knowingly: 

    (1) to transfer or cause to be transferred any sounds or 
 images from one recording to another recording; or 

    (2) to sell, distribute, circulate, offer for sale, 
 distribution or circulation, possess for the purpose of sale, 
 distribution or circulation, or cause to be sold, distributed or 
 circulated, offered for sale, distribution or circulation, or 
 possessed for sale, distribution or circulation, any recording 
 without the consent of the owner of the master recording.  

    HIST: 1973 c 579 s 1; 1993 c 221 s 2 

     325E.18 Identity of transferor. 

    It is unlawful for any person for commercial purposes to 
 sell, distribute, circulate, offer for sale, distribution or 
 circulation, or possess for the purpose of sale, distribution or 
 circulation, any recording unless the recording bears the actual 
 name and address of the transferor of the sounds or images in a 
 prominent place on its outside face, label, or package. 

    HIST: 1973 c 579 s 2; 1993 c 221 s 3 

     325E.19 Exemptions. 

    Sections 325E.169 to 325E.201 do not apply to any person 
 who transfers or causes to be transferred any recordings (a) 
 intended for or in connection with radio or television broadcast 
 transmission or related uses, (b) for archival purposes, (c) for 
 library purposes, (d) for educational purposes, or (e) solely 
 for the personal use of the person transferring or causing the 
 transfer and without any compensation being derived by the 
 person from the transfer. 

    HIST: 1973 c 579 s 3; 1993 c 221 s 4 

  325E.20 Repealed, 1993 c 221 s 7 

     325E.201 Violations; punishment. 

    A violation of section 325E.17 or 325E.18 is a felony and 
 is punishable upon conviction by: 

    (1) a fine of not more than $100,000, or imprisonment for 
 not more than two years, or both, if the violation is a first 
 offense involving more than 100 but not more than 1,000 sound 
 recordings or more than seven but not more than 65 audio-visual 
 recordings; 

    (2) a fine of not more than $250,000, or imprisonment for 
 not more than five years, or both, if the violation is a second 
 or subsequent offense, or involves more than 1,000 sound 
 recordings or more than 65 audio-visual recordings; or 

    (3) a fine of not more than $25,000, or imprisonment for 
 not more than a year and a day, or both, for any other violation.

    HIST: 1993 c 221 s 5 

WIRE AND CABLE;

PURCHASE AND SALE

     325E.21 Dealers in wire and cable; records and reports.  

    Subdivision 1.    Purchase or acquisition record required.  
 Every person, firm or corporation, 
 including an agent, employee or representative thereof, engaging 
 in the business of buying and selling wire and cable commonly 
 and customarily used by communication and electric utilities 
 shall keep a record, in the English language, legibly written in 
 ink or typewriting, at the time of each purchase or acquisition, 
 an accurate account or description, including the weight if 
 customarily purchased by weight, of such wire and cable commonly 
 and customarily used by communication and electric utilities 
 purchased or acquired, the date, time and place of the receipt 
 of the same, the name and address of the person selling or 
 delivering the same and the number of the driver's license of 
 such person.  Such record, as well as such wire and cable 
 commonly and customarily used by communication and electric 
 utilities purchased or received, shall at all reasonable times 
 be open to the inspection of any sheriff or deputy sheriff of 
 the county, or of any police officer or constable in any 
 incorporated city or statutory city, in which such business may 
 be carried on.  Such person shall not be required to furnish or 
 keep such record of any property purchased from merchants, 
 manufacturers or wholesale dealers, having an established place 
 of business, or of any goods purchased at open sale from any 
 bankrupt stock, but a bill of sale or other evidence of open or 
 legitimate purchase of such property shall be obtained and kept 
 by such person which must be shown upon demand to the sheriff or 
 deputy sheriff of the county, or to any police officer or 
 constable in any incorporated city or statutory city, in which 
 such business may be carried on.  The provisions of this 
 subdivision and of subdivision 2 shall not apply to or include 
 any person, firm or corporation engaged exclusively in the 
 business of buying or selling motor vehicles, new or used, paper 
 or wood products, rags or furniture, secondhand machinery.  

    Subd. 2.    Sheriff's copy of record required.  It shall be the 
 duty of every such person, firm 
 or corporation defined in subdivision 1 hereof, to make out and 
 to deliver or mail to the office of the sheriff of the county in 
 which business is conducted, not later than the second business 
 day of each week, a legible and correct copy of the record 
 required in subdivision 1 of the entries during the preceding 
 week.  In the event such person, firm or corporation has not 
 made any purchases or acquisitions required to be recorded under 
 subdivision 1 hereof during the preceding week no report need be 
 submitted to the sheriff under this subdivision.  

    Subd. 3.    Retention required.  Records required to be 
 maintained by subdivision 
 1 hereof shall be retained by the person making them for a 
 period of three years.  

    HIST: (10225) 1907 c 228 s 1; 1957 c 960 s 1; 1973 c 123 art 5 
 s 7; 1986 c 444 

     325E.22 Penalty.  

    Any person violating the provisions of section 325E.21 
 shall be guilty of a gross misdemeanor.  

    HIST: (10226) 1907 c 228 s 2 

OUTDOOR ADVERTISING;

DISCRIMINATION

     325E.23 Definitions.  

    Subdivision 1.    Scope.  For the purposes of sections 325E.23 
 to 
 325E.25 the terms defined in this section have the meanings 
 given them.  

    Subd. 2.    Advertising device.  "Advertising device" means any 
 billboard, sign, 
 notice, poster, display emblem or similar item located out of 
 doors which is intended to be viewed by the public from a 
 highway or street and includes any structure used for the 
 display of any such outdoor advertising device. 

    Subd. 3.    Business of outdoor advertising.  "Business of 
 outdoor advertising" means the 
 business conducted for direct profit through rentals, or other 
 compensation received from the erection or maintenance of 
 advertising devices.  

    Subd. 4.    Person.  "Person" means an individual, partnership, 
 firm, 
 association, or corporation.  

    HIST: 1965 c 531 s 1 

     325E.24 Furnishing of space; exceptions.  

    Subdivision 1.    Unlawful discrimination prohibited.  It is 
 unlawful for any person engaged in 
 the business of outdoor advertising to directly or indirectly 
 discriminate on the basis of race, color, creed or political 
 affiliation in the furnishing of advertising or advertising 
 service or space for advertisements on advertising devices.  
 This shall not be construed as making mandatory the assignment 
 of space immediately adjacent to previously leased space for the 
 promotion of conflicting services or ideas.  

    Subd. 2.    Limits on duty to furnish.  The person engaged in 
 the business of outdoor 
 advertising does not have to accept a request for advertising 
 space from any person not willing to pay the prescribed rates or 
 charges and the advertising of any material prohibited by law.  

    HIST: 1965 c 531 s 2 

     325E.25 Violations.  

    Any person violating the provisions of sections 325E.23 to 
 325E.25 is guilty of a misdemeanor.  

    HIST: 1965 c 531 s 3 

AUTOMATIC DIALING-ANNOUNCING DEVICES

     325E.26 Definitions. 

    Subdivision 1.    Scope.  The terms used in sections 
 325E.26 to 325E.30 have the meanings given them in this section. 

    Subd. 2.    Automatic dialing-announcing device.  
 "Automatic dialing-announcing device" means a device that 
 selects and dials telephone numbers and that, working alone or 
 in conjunction with other equipment, disseminates a prerecorded 
 or synthesized voice message to the telephone number called.  

    Subd. 3.    Caller.  "Caller" means a person, 
 corporation, firm, partnership, association, or legal or 
 commercial entity who attempts to contact, or who contacts, a 
 subscriber in this state by using a telephone or a telephone 
 line.  

    Subd. 4.    Commercial telephone solicitation.  
 "Commercial telephone solicitation" means any unsolicited call 
 to a residential subscriber when the person initiating the call 
 has not had a prior business or personal relationship with the 
 subscriber, and when the purpose of the call is to solicit the 
 purchase or the consideration of purchase of goods or services 
 by the subscriber.  Commercial telephone solicitation does not 
 include calls initiated by organizations listed in Minnesota 
 Statutes 2000, section 290.21, subdivision 3, clauses (a) to (e).

    Subd. 5.    Subscriber.  "Subscriber" means a person who 
 has subscribed to telephone service from a telephone company or 
 the other persons living or residing with the subscribing person.

    Subd. 6.    Message.  "Message" means any call, 
 regardless of its content. 

    HIST: 1987 c 294 s 1; 1994 c 534 art 2 s 1; 2003 c 2 art 1 s 
 38 

     325E.27 Use of prerecorded or synthesized voice messages.

    A caller shall not use or connect to a telephone line an 
 automatic dialing-announcing device unless:  (1) the subscriber 
 has knowingly or voluntarily requested, consented to, permitted, 
 or authorized receipt of the message; or (2) the message is 
 immediately preceded by a live operator who obtains the 
 subscriber's consent before the message is delivered.  This 
 section and section 325E.30 do not apply to (1) messages from 
 school districts to students, parents, or employees, (2) 
 messages to subscribers with whom the caller has a current 
 business or personal relationship, or (3) messages advising 
 employees of work schedules. 

    HIST: 1987 c 294 s 2 

     325E.28 Requirements on automatic dialing-announcing 
  devices. 

    A caller shall not use an automatic dialing-announcing 
 device unless the device is designed and operated so as to 
 disconnect within ten seconds after termination of the telephone 
 call by the subscriber.  

    HIST: 1987 c 294 s 3 

     325E.29 Message requirements. 

    Where the message is immediately preceded by a live 
 operator, the operator must, at the outset of the message, 
 disclose: 

    (1) the name of the business, firm, organization, 
 association, partnership, or entity for which the message is 
 being made; 

    (2) the purpose of the message; 

    (3) the identity or kinds of goods or services the message 
 is promoting; and 

    (4) if applicable, the fact that the message intends to 
 solicit payment or commitment of funds. 

    HIST: 1987 c 294 s 4 

     325E.30 Time of day limit. 

    A caller shall not use an automatic dialing-announcing 
 device nor make any commercial telephone solicitation before 
 9:00 a.m. or after 9:00 p.m. 

    HIST: 1987 c 294 s 5 

     325E.31 Remedies. 

    A person who is found to have violated sections 325E.27 to 
 325E.30 is subject to the penalties and remedies, including a 
 private right of action to recover damages, as provided in 
 section 8.31. 

    HIST: 1987 c 294 s 6 

TELEPHONE SOLICITATION

     325E.311 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 325E.311 to 325E.316, the terms in subdivisions 2 to 6 have the 
 meanings given them. 

    Subd. 2.    Caller.  "Caller" means a person, 
 corporation, firm, partnership, association, or legal or 
 commercial entity that attempts to contact, or that contacts, a 
 residential subscriber in this state by using a telephone or a 
 telephone line. 

    Subd. 3.    Caller identification service.  "Caller 
 identification service" means a telephone service that permits 
 telephone subscribers to see the telephone number of incoming 
 telephone calls. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of commerce. 

    Subd. 5.    Residential subscriber.  "Residential 
 subscriber" means a person who has subscribed to residential 
 telephone services from a telephone company or the other persons 
 living or residing with the subscribing person. 

    Subd. 6.    Telephone solicitation.  "Telephone 
 solicitation" means any voice communication over a telephone 
 line for the purpose of encouraging the purchase or rental of, 
 or investment in, property, goods, or services, whether the 
 communication is made by a live operator, through the use of an 
 automatic dialing-announcing device as defined in section 
 325E.26, subdivision 2, or by other means.  Telephone 
 solicitation does not include communications: 

    (1) to any residential subscriber with that subscriber's 
 prior express invitation or permission; or 

    (2) by or on behalf of any person or entity with whom a 
 residential subscriber has a prior or current business or 
 personal relationship. 

 Telephone solicitation also does not include communications if 
 the caller is identified by a caller identification service and 
 the call is: 

    (i) by or on behalf of an organization that is identified 
 as a nonprofit organization under state or federal law; 

    (ii) by a person soliciting without the intent to complete, 
 and who does not in fact complete, the sales presentation during 
 the call, but who will complete the sales presentation at a 
 later face-to-face meeting between the solicitor who makes the 
 call and the prospective purchaser; or 

    (iii) by a political party as defined under section 200.02, 
 subdivision 6. 

    HIST: 2002 c 367 s 1; 1Sp2005 c 1 art 4 s 92 

     325E.312 Telephone solicitations. 

    Subdivision 1.    Persons included in no-call list.  No 
 caller shall make or cause to be made any telephone solicitation 
 to the telephone line of any residential subscriber in this 
 state who is on the no-call list established and maintained 
 under section 325E.313. 

    Subd. 2.    Identification of caller.  Any caller who 
 makes a telephone solicitation to a residential subscriber in 
 this state shall state the caller's identity clearly at the 
 beginning of the call and, if requested, the caller's telephone 
 number. 

    Subd. 3.    Interference with caller identification.  No 
 caller who makes a telephone solicitation to a residential 
 subscriber in this state shall knowingly use any method to block 
 or otherwise deliberately circumvent the subscriber's use of a 
 caller identification service. 

    HIST: 2002 c 367 s 2 

     325E.313 No-call list. 

    Subdivision 1.    Establishment of list.  The 
 commissioner shall establish and maintain a list of telephone 
 numbers of residential subscribers who object to receiving 
 telephone solicitations.  The commissioner may fulfill the 
 requirements of this subdivision by contracting with an agent 
 for the establishment and maintenance of the list.  The list 
 must be established by January 1, 2003. 

    Subd. 2.    Operation and maintenance of list.  (a) Each 
 local exchange company must inform its residential subscribers 
 of the opportunity to provide notification to the commissioner 
 or its contractor that the subscriber objects to receiving 
 telephone solicitations.  The notification must be made in the 
 manner prescribed by the commissioner. 

    (b) Any residential subscriber may contact the commissioner 
 or the commissioner's agent and give notice, in the manner 
 prescribed by the commissioner, that the subscriber objects to 
 receiving telephone solicitations.  The commissioner shall add 
 the telephone number of any subscriber who gives notice of 
 objection to the list maintained pursuant to subdivision 1 
 within 90 days of the date the notice is received. 

    (c) Any notice given by a subscriber under this subdivision 
 shall be effective for four years unless revoked by the 
 subscriber.  Any subsequent notices given by the same subscriber 
 related to a different telephone number are separate from the 
 original notice. 

    (d) The commissioner shall allow consumers to give notice 
 under this subdivision by mail or electronically. 

    (e) The commissioner shall establish the procedures by 
 which a person wishing to make telephone solicitations may 
 obtain access to the list.  Those procedures shall, to the 
 extent practicable, allow for access to paper or electronic 
 copies of the list. 

    Subd. 3.    Use of federal list.  If, pursuant to United 
 States Code, title 15, section 6102(a), the Federal Trade 
 Commission establishes a national list of telephone numbers of 
 subscribers who object to receiving telephone solicitations, the 
 commissioner shall include subscribers who live in Minnesota and 
 are included in the national list in the list established under 
 this section.  The commissioner shall also transmit to the 
 Federal Trade Commission the telephone numbers included on the 
 no-call list established under this section and shall request 
 that they be included in the national list.  

    HIST: 2002 c 367 s 3 

     325E.314 Fees; acquisition and use of list. 

    (a) A person or entity desiring to make telephone 
 solicitations shall pay a fee, payable to the commissioner, for 
 access to, or for paper or electronic copies of, the list 
 established under section 325E.313.  The fee shall not exceed 
 $125 for each acquisition of the list.  The fee shall not exceed 
 $90 in fiscal year 2004, and the fee shall not exceed $75 in 
 fiscal year 2005 and thereafter. 

    (b) A caller who makes a telephone solicitation to the 
 telephone line of any residential subscriber must, at the time 
 of the call, have obtained access to a current version of the 
 list at least once in the 90 days prior to the call.  A caller 
 who complies with this requirement is not liable for any 
 violation of section 325E.312 relating to a solicitation made to 
 a subscriber during the first 30 days after the caller first 
 obtained a copy of the list including that subscriber's 
 telephone number that has not been superseded by a later list 
 obtained by the caller that does not include the subscriber's 
 telephone number. 

    (c) If the Federal Trade Commission establishes a national 
 do-not-call list as described in section 325E.313, subdivision 
 3, a person or entity who is required by law to obtain a copy of 
 the national list is not required to purchase or retain a copy 
 of the list established by the commissioner, unless the Federal 
 Trade Commission fails to incorporate the Minnesota names 
 transmitted by the commissioner. 

    HIST: 2002 c 367 s 4 

     325E.315 Release of information. 

    Information contained in the list established under section 
 325E.313 shall be used only for the purposes of compliance with 
 sections 325E.311 to 325E.316 or in a proceeding or action under 
 section 325E.316.  The information contained in the list is 
 private data on individuals or nonpublic data as defined in 
 section 13.02. 

    HIST: 2002 c 367 s 5 

     325E.316 Penalties. 

    Subdivision 1.    Enforcement by commissioner.  In 
 enforcing sections 325E.311 to 325E.316, the commissioner has 
 all powers provided by section 45.027, including, but not 
 limited to, the power to impose a civil penalty to a maximum of 
 $1,000 for each solicitation that violates section 325E.312. 

    Subd. 2.    Defenses.  (a) In any action or proceeding 
 against a person under this section, it shall be a defense that 
 the defendant has established and implemented, with due care, 
 reasonable practices and procedures to effectively prevent 
 telephone solicitations in violation of section 325E.312. 

    (b) No provider of caller identification service shall be 
 held liable for violations of section 325E.312 committed by 
 other persons or entities. 

    Subd. 3.    Time limitations.  No action or proceeding 
 may be brought under this section: 

    (1) more than two years after the person bringing the 
 action knew or should have known of the alleged violation; or 

    (2) more than two years after the termination of any 
 proceeding or action by the state of Minnesota, whichever is 
 later. 

    Subd. 4.    Jurisdiction.  A court of this state may 
 exercise personal jurisdiction over any nonresident or the 
 nonresident's executor or administrator as to an action or 
 proceeding authorized by this section according to the 
 provisions of section 543.19. 

    Subd. 5.    Other remedies.  The remedies, duties, 
 prohibitions, and penalties of this section are not exclusive 
 and are in addition to all other causes of action, remedies, and 
 penalties provided by law. 

    HIST: 2002 c 367 s 6 

WIRELESS DIRECTORIES

     325E.317 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 325E.317 and 325E.318, the terms defined in this section have 
 the meanings given. 

    Subd. 2.    Provider.  "Provider" means a provider of 
 wireless telecommunications services. 

    Subd. 3.    Telecommunications services.  
 "Telecommunications services" has the meaning given in section 
 297A.61, subdivision 24, paragraph (a). 

    Subd. 4.    Wireless directory assistance service.  
 "Wireless directory assistance service" means any service for 
 connecting calling parties to a wireless telecommunications 
 services customer when the calling parties themselves do not 
 possess the customer's wireless telephone number information. 

    Subd. 5.    Wireless telecommunications services.  
 "Wireless telecommunications services" has the meaning given in 
 section 325F.695. 

    Subd. 6.    Wireless telephone directory.  "Wireless 
 telephone directory" means a directory or database containing 
 wireless telephone number information or any other identifying 
 information by which a calling party may reach a wireless 
 telecommunications services customer. 

    Subd. 7.    Wireless telephone number information.  
 "Wireless telephone number information" means the telephone 
 number, electronic address, and any other identifying 
 information by which a calling party may reach a wireless 
 telecommunications services customer, which is assigned by a 
 provider to the customer and includes the customer's name and 
 address. 

    HIST: 2005 c 163 s 83 

     325E.318 Wireless directories. 

    Subdivision 1.    Notice.  No provider of wireless 
 telecommunications service, or any direct or indirect affiliate 
 or agent of a provider, may include the wireless telephone 
 number information of a customer in a wireless telephone 
 directory assistance service database or publish, sell, or 
 otherwise disseminate the contents of a wireless telephone 
 directory assistance service database unless the provider 
 provides a conspicuous notice to the subscriber informing the 
 subscriber that the subscriber will not be listed in a wireless 
 directory assistance service database without the subscriber's 
 prior express authorization. 

    Subd. 2.    Authorization.  (a) A provider, or any 
 direct or indirect affiliate or agent of a provider, may not 
 disclose, provide, or sell a customer's wireless telephone 
 number information, or any part thereof, for inclusion in a 
 wireless telephone directory of any form, and may not sell a 
 wireless telephone directory containing a customer's wireless 
 telephone number information without first receiving prior 
 express authorization from the customer.  The customer's 
 authorization must meet the following requirements: 

    (1) consent shall be affirmatively obtained separately from 
 the execution of the service contract via verifiable means; and 

    (2) consent shall be unambiguous and conspicuously disclose 
 that the subscriber is consenting to have the customer's dialing 
 number sold or licensed as part of a publicly available 
 directory assistance database. 

    (b) A record of the authorization shall be maintained for 
 the duration of the service contract or any extension of the 
 contract. 

    (c) A subscriber who provides express consent pursuant to 
 paragraph (a) may revoke that consent via verifiable means at 
 any time.  A provider must comply with the customer's request to 
 be removed from the directory and remove such listing from 
 directory assistance within 60 days. 

    Subd. 3.    No fee to retain privacy.  A customer shall 
 not be charged for opting not to be listed in a wireless 
 telephone directory. 

    Subd. 4.    Remedies.  Every knowing violation of this 
 section is punishable by a fine of up to $500 for each violation 
 with a maximum aggregated amount of $10,000 for a provider, of 
 which $100 per violation shall be paid to each victim of the 
 violation.  The attorney general may bring actions to enforce 
 compliance with this section.  For the first violation by any 
 company or organization of this section, the attorney general 
 shall notify the company with a letter of warning that the 
 section has been violated.  No telephone corporation, nor any 
 official or employee of a telephone corporation, shall be 
 subject to criminal or civil liability for the release of 
 customer information as authorized by this section. 

    HIST: 2005 c 163 s 84 

RECYCLING TIRES

     325E.32 Waste tires; collection. 

    A person who sells automotive tires at retail must accept 
 waste tires from customers for collection and recycling.  The 
 person must accept as many waste tires from each customer as 
 tires are bought by that customer. 

    HIST: 1988 c 685 s 28 

MISCONDUCT OF ATHLETIC AGENTS

     325E.33 Misconduct of athletic agents. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section.  

    (b) "Student athlete" means a person who engages in, is 
 eligible to engage in, or may be eligible to engage in any 
 intercollegiate sporting event, contest, exhibition, or 
 program.  The term includes any individual who may be eligible 
 to engage in collegiate sports in the future.  

    (c) "Athletic director" means the person discharging the 
 duties of coordinating and administering the overall athletic 
 program for the educational institution attended by the student 
 athlete.  

    (d) "Educational institution" means the public or private 
 high school, college, junior college, or university that the 
 student athlete last attended or to which the student athlete 
 has expressed written intention to attend.  

    Subd. 2.    Waiver of eligibility.  A student athlete's 
 waiver of intercollegiate athletic eligibility is not effective 
 until the waiver of eligibility form prescribed by this 
 subdivision has been filed with the Offices of the Secretary of 
 State and the athletic director for seven days.  The waiver is 
 considered to have been on file seven days as of the eighth day 
 after the receipt by the Offices of the Secretary of State and 
 the athletic director of the completed waiver of eligibility 
 form prescribed by this subdivision.  The original waiver is to 
 be filed with the secretary of state and must be available for 
 public inspection in the Office of the Secretary of State during 
 normal business hours.  The waiver form must provide:  

         "WAIVER OF INTERCOLLEGIATE ATHLETIC ELIGIBILITY 

    I, ......................, hereby waive any and all 
 intercollegiate athletic eligibility.  This waiver is not 
 effective until seven days after it has been received by the 
 Minnesota secretary of state and the office of the athletic 
 director.  

    This waiver is revocable until my intercollegiate athletic 
 eligibility is terminated as a result of my entering either a 
 contract with an athletic agent or a professional sports 
 contract.  

 ....................... 

 STUDENT ATHLETE 

 ....................... 

 EDUCATIONAL INSTITUTION 

 ....................... 

 DATE" 

    Subd. 3.    Representation of certain athletes prohibited. 
  A person may not, before the effective date of a student 
 athlete's waiver of intercollegiate athletic eligibility, enter 
 into a contract, written or oral, with a student athlete to: 

    (1) serve as the agent of the student athlete in obtaining 
 a professional sports contract; or 

    (2) represent the student athlete or a professional sports 
 organization in obtaining a professional sports contract for or 
 with a student athlete. 

    A person who violates this subdivision is subject to the 
 remedies under section 8.31, except that a civil penalty imposed 
 under that section may be not more than $100,000, or three times 
 the amount given, offered, or promised as an inducement for the 
 student athlete to enter the agency contract or professional 
 sports contract, exclusive of the compensation provided by the 
 professional sports contract, whichever is greater. 

    Subd. 4.    Influencing of educational institution 
 employees prohibited.  A person may not offer, give, or 
 promise to give an employee of an educational institution, 
 directly or indirectly, any benefit, reward, or consideration to 
 which the employee is not legally entitled, with the intent that:

    (1) the employee will influence a student athlete to enter 
 into a contract with the person to serve as the athlete's agent 
 or to enter into a professional sports contract; or 

    (2) the employee will refer student athletes to the person. 

    A person who violates this subdivision is subject to the 
 remedies under section 8.31, except that a civil penalty imposed 
 under that section may be not more than $100,000, or three times 
 the value offered to the employee in violating this subdivision, 
 whichever is greater. 

    Subd. 5.    Voidability of contract.  A contract entered 
 into in violation of subdivision 3 is voidable by the student 
 athlete.  If voided by the student athlete, the athletic agent 
 shall return to the student athlete any compensation received 
 under the contract.  The athletic agent shall also pay 
 reasonable attorney's fees and costs incurred by a student 
 athlete in any action or defense under this subdivision.  

    HIST: 1988 c 701 s 1 

DISTRIBUTION OF FREE NEWSPAPERS

     325E.34 Free newspapers; exclusive right to distribute 
  prohibited. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the terms in paragraphs (a) and (b) have the meanings 
 given them. 

    (a) "Newspaper" has the meaning given in section 331A.01, 
 subdivision 5. 

    (b) "Place of public accommodation" has the meaning given 
 in section 363A.03, subdivision 34. 

    Subd. 2.    Prohibition.  No contract may provide for an 
 exclusive right to display free newspapers for distribution in 
 any place of public accommodation. 

    HIST: 1990 c 379 s 1; 1990 c 567 s 10 

SELLER-FINANCED AGRICULTURAL INPUT SALES

     325E.35 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to section 325E.36.  

    Subd. 2.    Agricultural chemical.  "Agricultural 
 chemical" has the meaning given in section 18D.01, subdivision 3.

    Subd. 3.    Agricultural production input.  
 "Agricultural production input" means crop production inputs and 
 livestock production inputs.  

    Subd. 4.    Crop production input.  "Crop production 
 input" means agricultural chemicals, seeds, petroleum products, 
 the custom application of agricultural chemicals and seeds, and 
 labor used in preparing the land for planting, cultivating, 
 growing, producing, harvesting, drying, and storing crops or 
 crop products. 

    Subd. 5.    Discounted cash price.  "Discounted cash 
 price" means an amount equal to the total of the payments made 
 over the period of the credit sale, discounted by the interest 
 rate index. 

    Subd. 6.    Feed.  "Feed" means commercial feeds, feed 
 ingredients, mineral feeds, drugs, animal health products, or 
 customer-formula feeds that are used for feeding livestock, 
 including commercial feed as defined in section 25.33, 
 subdivision 5.  

    Subd. 7.    Interest rate index.  "Interest rate index" 
 means the prime rate as published in the Wall Street Journal 
 plus two percentage points.  

    Subd. 8.    Livestock production input.  "Livestock 
 production input" means feed and labor used in raising livestock.

    Subd. 9.    Petroleum product.  "Petroleum product" 
 means motor fuels and special fuels that are used in the 
 production of crops and livestock, including petroleum products 
 as defined in section 296A.01, alcohol fuels, propane, lubes, 
 and oils.  

    Subd. 10.    Seed.  "Seed" means agricultural seeds that 
 are used to produce crops, including agricultural seeds and 
 grains as defined in section 21.72, subdivision 12.  

    HIST: 1990 c 474 s 1; 1998 c 299 s 30 

     325E.36 Seller-financed agricultural input sales. 

    If a person sells agricultural production inputs at retail 
 on credit and the interest rate charged to the buyer is less 
 than the interest rate index, the person must also offer to sell 
 the agricultural inputs to the buyer at a discounted cash price. 
 Agricultural production inputs are sold on credit if the terms 
 of the sale allow the buyer to submit any portion of the payment 
 for the inputs more than 60 days after the date on which the 
 goods are delivered.  

    HIST: 1990 c 474 s 2 

TERMINATION OF SALES REPRESENTATIVES

     325E.37 Termination of sales representatives. 

    Subdivision 1.    Definitions.  (a) As used in this 
 section, the following terms have the meaning given them.  

    (b) "Good cause" means a material breach of one or more 
 provisions of a written sales representative agreement governing 
 the relationship with the manufacturer, wholesaler, assembler, 
 or importer, or in absence of a written agreement, failure by 
 the sales representative to substantially comply with the 
 material and reasonable requirements imposed by the 
 manufacturer, wholesaler, assembler, or importer.  Good cause 
 includes, but is not limited to:  

    (1) the bankruptcy or insolvency of the sales 
 representative; 

    (2) assignment for the benefit of creditors or similar 
 disposition of the assets of the sales representative's 
 business; 

    (3) the voluntary abandonment of the business by the sales 
 representative as determined by a totality of the circumstances; 

    (4) conviction or a plea of guilty or no contest to a 
 charge of violating any law relating to the sales 
 representative's business; 

    (5) any act of the sales representative which materially 
 impairs the good will associated with the manufacturer's, 
 wholesaler's, assembler's, or importer's trademark, trade name, 
 service mark, logotype, or other commercial symbol; or 

    (6) failure to forward customer payments to the 
 manufacturer, wholesaler, assembler, or importer. 

    (c) "Person" means a natural person, but also includes a 
 partnership, corporation, and all other entities. 

    (d) "Sales representative" means a person who contracts 
 with a principal to solicit wholesale orders and who is 
 compensated, in whole or in part, by commission. 

    Sales representative does not include a person who: 

    (1) is an employee of the principal; 

    (2) places orders or purchases for the person's own account 
 for resale; 

    (3) holds the goods on a consignment basis for the 
 principal's account for resale; or 

    (4) distributes, sells, or offers the goods, other than 
 samples, to end users, not for resale. 

    (e) "Sales representative agreement" means a contract or 
 agreement, either express or implied, whether oral or written, 
 for a definite or indefinite period, between a sales 
 representative and another person or persons, whereby a sales 
 representative is granted the right to represent, sell, or offer 
 for sale a manufacturer's, wholesaler's, assembler's, or 
 importer's goods by use of the latter's trade name, trademark, 
 service mark, logotype, advertising, or other commercial symbol 
 or related characteristics, and in which there exists a 
 community of interest between the parties in the marketing of 
 the goods at wholesale, by lease, agreement, or otherwise.  
 "Wholesale orders" means the solicitation of orders for goods by 
 persons in the distribution chain for ultimate sale at retail.  

    Subd. 2.    Termination of agreement.  (a) A 
 manufacturer, wholesaler, assembler, or importer may not 
 terminate a sales representative agreement unless the person has 
 good cause and:  

    (1) that person has given written notice setting forth the 
 reason(s) for the termination at least 90 days in advance of 
 termination; and 

    (2) the recipient of the notice fails to correct the 
 reasons stated for termination in the notice within 60 days of 
 receipt of the notice.  

    (b) A notice of termination is effective immediately upon 
 receipt where the alleged grounds for termination are the 
 reasons set forth in subdivision 1, paragraph (b), clauses (1) 
 to (6), hereof.  

    Subd. 3.    Renewal of agreements.  Unless the failure 
 to renew a sales representative agreement is for good cause, and 
 the sales representative has failed to correct reasons for 
 termination as required by subdivision 2, no person may fail to 
 renew a sales representative agreement unless the sales 
 representative has been given written notice of the intention 
 not to renew at least 90 days in advance of the expiration of 
 the agreement.  For purposes of this subdivision, a sales 
 representative agreement of indefinite duration shall be treated 
 as if it were for a definite duration expiring 180 days after 
 the giving of written notice of intention not to continue the 
 agreement.  

    Subd. 4.    Rights upon termination.  If a sales 
 representative is paid by commission under a sales 
 representative agreement and the agreement is terminated, the 
 representative is entitled to be paid for all sales as to which 
 the representative would have been entitled to commissions 
 pursuant to the provisions of the sales representative 
 agreement, made prior to the date of termination of the 
 agreement or the end of the notification period, whichever is 
 later, regardless of whether the goods have been actually 
 shipped.  Payment of commissions due the sales representative 
 shall be paid in accordance with the terms of the sales 
 representative agreement or, if not specified in the agreement, 
 payments of commissions due the sales representative shall be 
 paid in accordance with section 181.145.  

    Subd. 5.    Arbitration.  (a) The sole remedy for a 
 manufacturer, wholesaler, assembler, or importer who alleges a 
 violation of any provision of this section is to submit the 
 matter to arbitration.  A sales representative may also submit a 
 matter to arbitration, or in the alternative, at the sales 
 representative's option prior to the arbitration hearing, the 
 sales representative may bring the sales representative's claims 
 in a court of law, and in that event the claims of all parties 
 must be resolved in that forum.  In the event the parties do not 
 agree to an arbitrator within 30 days after the sales 
 representative demands arbitration in writing, either party may 
 request the appointment of an arbitrator from the American 
 Arbitration Association.  Each party to a sales representative 
 agreement shall be bound by the arbitration.  In the event that 
 the American Arbitration Association declines to appoint an 
 arbitrator, the arbitration shall proceed under chapter 572.  
 The cost of an arbitration hearing must be borne equally by both 
 parties unless the arbitrator determines a more equitable 
 distribution.  Except as provided in paragraph (c), the 
 arbitration proceeding is to be governed by the Uniform 
 Arbitration Act, sections 572.08 to 572.30.  

    (b) The arbitrator may provide any of the following 
 remedies:  

    (1) sustainment of the termination of the sales 
 representative agreement; 

    (2) reinstatement of the sales representative agreement, or 
 damages; 

    (3) payment of commissions due under subdivision 4; 

    (4) reasonable attorneys' fees and costs to a prevailing 
 sales representative; 

    (5) reasonable attorneys' fees and costs to a prevailing 
 manufacturer, wholesaler, assembler, or importer, if the 
 arbitrator finds the complaint was frivolous, unreasonable, or 
 without foundation; or 

    (6) the full amount of the arbitrator's fees and expenses 
 if the arbitrator finds that the sales representative's resort 
 to arbitration or the manufacturer's, wholesaler's, assembler's, 
 or importer's defense in arbitration was vexatious and lacking 
 in good faith. 

    (c) The decision of any arbitration hearing under this 
 subdivision is final and binding on the sales representative and 
 the manufacturer, wholesaler, assembler, or importer.  The 
 district court shall, upon application of a party, issue an 
 order confirming the decision.  

    Subd. 6.    Scope; limitations.  (a) This section 
 applies to a sales representative who, during some part of the 
 period of the sales representative agreement:  

    (1) is a resident of Minnesota or maintains that person's 
 principal place of business in Minnesota; or 

    (2) whose geographical territory specified in the sales 
 representative agreement includes part or all of Minnesota.  

    (b) To be effective, any demand for arbitration under 
 subdivision 5 must be made in writing and delivered to the 
 principal on or before one year after the effective date of the 
 termination of the agreement. 

    HIST: 1990 c 539 s 1; 1991 c 190 s 1 

CFC PRODUCT SALES

     325E.38 Sale of certain CFC products prohibited. 

    Subdivision 1.    Motor vehicle coolants.  A person may 
 not offer for sale or sell CFC coolants in containers weighing 
 less than 15 pounds that are designed for or are suitable for 
 use in motor vehicle air conditioners except to persons who 
 possess CFC recycling equipment and who present proof of 
 ownership of CFC recycling equipment at the time of purchase. 

    Subd. 2.    Solvents.  A person may not offer for sale 
 or sell solvents containing CFCs in containers weighing 15 
 pounds or less. 

    Subd. 3.    Party streamers.  A person may not offer for 
 sale or sell CFC propelled party streamers.  

    Subd. 4.    Noise horns.  A person may not offer for 
 sale or sell CFC noise horns.  

    Subd. 5.    CFC definition.  For purposes of this 
 section, the term "CFC" has the definition given in section 
 116.70, subdivision 3. 

    Subd. 6.    Applicability to new chemicals.  For each 
 new chemical added to section 116.70, subdivision 3, after the 
 effective date of Laws 1990, chapter 560, the application of 
 this section to the new chemical is effective on the date 
 specified for elimination of production of that chemical in the 
 Montreal Treaty. 

    HIST: 1990 c 560 art 2 s 8 

TELEPHONE ADVERTISING SERVICES

     325E.39 Telephone advertising services. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "telephone advertising service" means a service that 
 enables advertisers to make recorded personal or other 
 advertisements available to respondents by means of voice mail 
 or another messaging device accessed by telephone.  "Telephone 
 advertising service" does not mean advertisements for telephone 
 services or a newspaper or other medium of mass communication 
 that publishes an advertisement for a telephone advertising 
 service. 

    Subd. 2.    Verification and identification.  A person 
 who operates a telephone advertising service in this state shall:

    (1) verify the placement of an advertisement that includes 
 the advertiser's telephone number or other information that 
 enables respondents to identify and communicate directly with 
 the advertiser by calling the listed number or otherwise 
 communicating with the person identified as the advertiser to 
 ensure that the person placed or consented to the placement of 
 the advertisement; and 

    (2) in any advertising for the telephone advertising 
 service, provide a business mailing address or business 
 telephone number sufficient to enable persons to communicate 
 with the business operation of the service. 

    HIST: 1992 c 377 s 2 

JUNK FAXES

     325E.395 Facsimile transmission of unsolicited 
  advertising materials. 

    Subdivision 1.    Telephone number and address required; 
 notice.  (a) A person conducting business in this state may 
 not make or cause to be made a facsimile transmission of 
 documents consisting of unsolicited advertising material for the 
 lease, sale, rental, gift offer, or other disposition of 
 property or services unless the person establishes a toll-free 
 telephone number that a recipient of the unsolicited documents 
 may call to notify the sender not to transmit to the recipient 
 unsolicited documents. 

    (b) Unsolicited facsimile transmissions subject to this 
 section must include a statement, in at least 9-point type, 
 informing the recipient of the toll-free telephone number the 
 recipient may call, and an address the recipient may write to, 
 to notify the sender not to transmit to the recipient 
 unsolicited documents to the facsimile number specified by the 
 recipient. 

    (c) Upon receiving a request not to transmit unsolicited 
 documents, no person or entity conducting business in this state 
 may make or cause to be made any unsolicited facsimile 
 transmissions of documents to the person making the request. 

    Subd. 2.    Exception.  This section does not apply to 
 the transmission of documents by a telecommunications service 
 provider to the extent that the telecommunications service 
 provider merely provides transmission facilities. 

    Subd. 3.    Remedies and penalties.  A person who is 
 found to have violated this section is subject to the penalties 
 and remedies, including a private right of action, as provided 
 in section 8.31. 

    HIST: 1993 c 197 s 1 

PETROLEUM-BASED SWEEPING COMPOUNDS

     325E.40 Sale of petroleum-based sweeping compound 
  products prohibited. 

    Subdivision 1.    Prohibition.  A person may not offer 
 for sale or sell any sweeping compound product that the person 
 knows contains petroleum oil. 

    Subd. 2.    Labeling.  The manufacturer of sweeping 
 compound that is to be sold in this state shall label the 
 packaging for the compound to clearly indicate the type of oil 
 contained in the compound. 

    Subd. 3.    Enforcement.  In addition to the enforcement 
 mechanisms available for this chapter, the commissioner of the 
 Pollution Control Agency may enforce this section under section 
 116.072. 

    HIST: 1992 c 593 art 1 s 36 

DECEPTIVE TRADE PRACTICES

     325E.41 Deceptive trade practices; environmental 
  marketing claims. 

    Subdivision 1.    Adoption of federal guides.  (a) 
 Environmental marketing claims made by a manufacturer, packager, 
 wholesaler, or retailer for a product sold or offered for sale 
 or distribution in this state, including those related to the 
 product's packaging, must conform to the standards or be 
 consistent with the examples contained in Code of Federal 
 Regulations, title 16, part 260, "Guides for the Use of 
 Environmental Marketing Claims" regarding general environmental 
 benefits claims, claims that a product or package is degradable, 
 compostable, recyclable, or contains recycled content, and 
 claims relating to source reduction, refillability, or ozone 
 safety.  

    (b) Paragraph (a) does not apply to an environmental claim 
 unless the claim is made in an attempt to influence purchasing 
 decisions by end users of the product. 

    Subd. 2.    Investigation; enforcement.  A person who 
 violates this section is subject to the penalties and remedies 
 in section 8.31. 

    HIST: 1996 c 359 s 2 

     325E.42 Deceptive trade practices; gambling advertising 
  and marketing claims. 

    Subdivision 1.    Regulation.  All advertising or 
 marketing materials relating to the conduct of any form of legal 
 gambling in Minnesota, including informational or promotional 
 materials, must: 

    (1) be sufficiently clear to prevent deception; and 

    (2) not overstate expressly, or by implication, the 
 attributes or benefits of participating in legal gambling. 

    Subd. 2.    Attorney general's actions.  The attorney 
 general may bring an action against any person violating this 
 section in accordance with section 8.31, except that no private 
 action is permitted to redress or correct a violation of this 
 section.  

    Subd. 3.    Advertising media excluded.  This section 
 applies to actions of the owner, publisher, agent, or employee 
 of newspapers, magazines, other printed matter, or radio or 
 television stations or other advertising media used for the 
 publication or dissemination of an advertisement or marketing 
 materials, only if the owner, publisher, agent, or employee has 
 been personally served with a certified copy of a court order or 
 consent judgment or agreement prohibiting the publication of 
 particular gambling advertising or marketing materials and 
 thereafter publishes such materials. 

    HIST: 1994 c 633 art 8 s 2 

ENFORCEMENT OF MUSICAL WORKS COPYRIGHT LICENSES

     325E.50 Definitions. 

    Subdivision 1.    Terms.  For purposes of sections 
 325E.50 to 325E.57, the terms defined in this section have the 
 meanings given them. 

    Subd. 2.    Copyright owner.  "Copyright owner" means 
 the owner of a copyright of a nondramatic musical work 
 recognized and enforceable under the copyright laws of the 
 United States under United States Code, title 17, sections 101 
 to 810. 

    Subd. 3.    Performing rights society.  "Performing 
 rights society" means an association, corporation, or other 
 entity that licenses the public performance of nondramatic 
 musical works on behalf of copyright owners, such as the 
 American Society of Composers, Authors, and Publishers (ASCAP); 
 Broadcast Music, Inc. (BMI); and SESAC, Inc. 

    Subd. 4.    Proprietor.  "Proprietor" means the owner of 
 a retail establishment, office, restaurant, inn, bar, tavern, or 
 any other similar establishment or place of business located in 
 this state in which the public may assemble and in which 
 nondramatic musical works may be performed, broadcast, or 
 otherwise transmitted. 

    Subd. 5.    Royalty or royalties.  "Royalty" or 
 "royalties" means the license fees payable by a proprietor to a 
 performing rights society for the public performance of 
 nondramatic musical works. 

    HIST: 1996 c 336 s 1 

     325E.51 Licensing negotiations. 

    No performing rights society shall enter into, or offer to 
 enter into, a contract for the payment of royalties by a 
 proprietor unless at the time of the offer, or any time 
 thereafter, but no later than 72 hours prior to the execution of 
 that contract, it provides to the proprietor, in writing, the 
 following: 

    (1) a schedule of the rates and terms of royalties under 
 the contract; 

    (2) upon the request of the proprietor, the opportunity to 
 review the most current available list of the members or 
 affiliates represented by the society; and 

    (3) notice that it will make available, upon written 
 request of any proprietor, at the sole expense of the 
 proprietor, the most current available listing of the 
 copyrighted musical works in the performing rights society's 
 repertory, provided that the notice shall specify the means by 
 which the information can be secured. 

    HIST: 1996 c 336 s 2 

     325E.52 Royalty contract requirements. 

    Every contract for the payment of royalties between a 
 proprietor and a performing rights society executed in this 
 state must be in writing and signed by the parties and must 
 include, at a minimum, the following information: 

    (1) the proprietor's name and business address and the name 
 and location of each place of business to which the contract 
 applies; 

    (2) the name of the performing rights society; 

    (3) the duration of the contract; and 

    (4) the schedule of rates and terms of the royalties to be 
 collected under the contract, including any sliding scale or 
 schedule for any increase or decrease of rates for the duration 
 of the contract. 

    HIST: 1996 c 336 s 3 

     325E.53 Improper licensing practices. 

    No performing rights society or any agent or employee of a 
 performing rights society shall:  (1) collect, or attempt to 
 collect, from a proprietor licensed by that performing rights 
 society, a royalty payment except as provided in a contract 
 executed pursuant to sections 325E.50 to 325E.57; or (2) enter 
 into the premises of a proprietor's business for the purpose of 
 discussing a contract for payment of royalties for the use of 
 copyrighted works by that proprietor without first showing 
 personal identification to the proprietor or the proprietor's 
 employees and disclosing that the agent is acting on behalf of 
 the performing rights society and disclosing the purpose of this 
 discussion.  

    HIST: 1986 c 444; 1996 c 336 s 4 

     325E.54 Investigation. 

    Nothing in sections 325E.50 to 325E.57 shall be construed 
 to prohibit a performing rights society from conducting 
 investigations to determine the existence of music use by a 
 proprietor or informing a proprietor of the proprietor's 
 obligation under the federal copyright law, United States Code, 
 title 17. 

    HIST: 1996 c 336 s 5 

     325E.55 Remedies; injunction. 

    A person who suffers a violation of sections 325E.50 to 
 325E.57 may bring an action to recover actual damages and 
 reasonable attorney's fees and seek an injunction or any other 
 available remedy. 

    HIST: 1996 c 336 s 6 

     325E.56 Remedies cumulative. 

    The rights, remedies, and prohibitions contained in 
 sections 325E.50 to 325E.57 are in addition to and cumulative of 
 any other right, remedy, or prohibition accorded by common law, 
 or state or federal law.  Nothing contained in sections 325E.50 
 to 325E.57 shall be construed to deny, abrogate, or impair any 
 such common law or statutory right, remedy, or prohibition. 

    HIST: 1996 c 336 s 7 

     325E.57 Exceptions. 

    Sections 325E.50 to 325E.57 do not apply to contracts 
 between copyright owners or performing rights societies and 
 broadcasters licensed by the Federal Communications Commission, 
 or to contracts with cable operators, programmers, or other 
 transmission services.  Sections 325E.50 to 325E.57 do not apply 
 to musical works performed in synchronization with an 
 audio/visual film or tape, or to the gathering of information 
 for determination of compliance with or activities related to 
 the enforcement of sections 325E.169 to 325E.201. 

    HIST: 1996 c 336 s 8 

     325E.58 Sign contractor; bond. 

    (a) A sign contractor may post a compliance bond with the 
 commissioner, conditioned that the sign contractor shall 
 faithfully perform duties and comply with laws, ordinances, 
 rules, and contracts entered into for the installation of 
 signs.  The bond must be renewed annually and maintained for so 
 long as determined by the commissioner.  The aggregate liability 
 of the surety on the bond to any and all persons, regardless of 
 the number of claims made against the bond, may not exceed the 
 annual amount of the bond.  The bond may be canceled as to 
 future liability by the surety upon 30 days' written notice 
 mailed to the commissioner by United States mail. 

    (b) The amount of the bond shall be $8,000.  The bond may 
 be drawn upon only by a local unit of government that requires 
 sign installers to post a compliance bond.  The bond is in lieu 
 of any compliance bond required by a local unit of government. 

    (c) For purposes of this section, "sign" means a device, 
 structure, fixture, or placard using graphics, symbols, or 
 written copy that is erected on the premises of an establishment 
 including the name of the establishment or identifying the 
 merchandise, services, activities, or entertainment available on 
 the premises. 

    HIST: 1997 c 222 s 44 

USE OF SOCIAL SECURITY NUMBERS

     325E.59 Use of Social Security numbers. 

    Subdivision 1.    Generally.  A person or entity, not 
 including a government entity, may not do any of the following: 

    (1) publicly post or publicly display in any manner an 
 individual's Social Security number.  "Publicly post" or 
 "publicly display" means to intentionally communicate or 
 otherwise make available to the general public; 

    (2) print an individual's Social Security number on any 
 card required for the individual to access products or services 
 provided by the person or entity; 

    (3) require an individual to transmit the individual's 
 Social Security number over the Internet, unless the connection 
 is secure or the Social Security number is encrypted; 

    (4) require an individual to use the individual's Social 
 Security number to access an Internet Web site, unless a 
 password or unique personal identification number or other 
 authentication device is also required to access the Internet 
 Web site; or 

    (5) print a number that the person or entity knows to be an 
 individual's Social Security number on any materials that are 
 mailed to the individual, unless state or federal law requires 
 the Social Security number to be on the document to be mailed.  
 If, in connection with a transaction involving or otherwise 
 relating to an individual, a person or entity receives a number 
 from a third party, that person or entity is under no duty to 
 inquire or otherwise determine whether the number is or includes 
 that individual's Social Security number and may print that 
 number on materials mailed to the individual, unless the person 
 or entity receiving the number has actual knowledge that the 
 number is or includes the individual's Social Security number.  

    Notwithstanding clauses (1) to (5), Social Security numbers 
 may be included in applications and forms sent by mail, 
 including documents sent as part of an application or enrollment 
 process, or to establish, amend, or terminate an account, 
 contract, or policy, or to confirm the accuracy of the Social 
 Security number.  Nothing in this paragraph authorizes inclusion 
 of a Social Security number on the outside of a mailing.  

    Except as provided in subdivision 2, this section applies 
 only to the use of Social Security numbers on or after July 1, 
 2007.  

    Subd. 2.    Continuation of prior use.  A person or 
 entity, not including a government entity, that has used, prior 
 to July 1, 2007, an individual's Social Security number in a 
 manner inconsistent with subdivision 1, may continue using that 
 individual's Social Security number in that manner on or after 
 July 1, 2007, if all the following conditions are met: 

    (1) the use of the Social Security number is continuous.  
 If the use is stopped for any reason, subdivision 1 applies; 

    (2) the individual is provided an annual disclosure, 
 commencing in 2007, that informs the individual that the 
 individual has the right to stop the use of the individual's 
 Social Security number in a manner prohibited by subdivision 1; 

    (3) a written request by an individual to stop the use of 
 the individual's Social Security number in a manner prohibited 
 by subdivision 1 must be implemented within 30 days of the 
 receipt of the request.  A fee may not be charged for 
 implementing the request; and 

    (4) a person or entity, not including a government entity, 
 shall not deny services to an individual because the individual 
 makes a written request pursuant to this subdivision. 

    Subd. 3.    Coordination with other law.  This section 
 does not prevent the collection, use, or release of a Social 
 Security number as required by state or federal law or the use 
 of a Social Security number for internal verification or 
 administrative purposes. 

    Subd. 4.    Public records.  This section does not apply 
 to documents that are recorded or required to be open to the 
 public under chapter 13 or by other law. 

    Subd. 5.    Definitions.  For purposes of this section, 
 "government entity" has the meaning given in section 13.02, 
 subdivision 7a, but does not include the Minnesota state 
 colleges and universities or the University of Minnesota. 

    HIST: 2005 c 163 s 85 

*   NOTE: This section, as added by Laws 2005, chapter 163, 
*section 85, is effective July 1, 2007.  Laws 2005, chapter 163, 
*section 85, the effective date.

DATA WAREHOUSES; DISCLOSURE OF PERSONAL INFORMATION

     325E.61 Data warehouses; notice required for certain 
  disclosures. 

    Subdivision 1.    Disclosure of personal information; 
 notice required.  (a) Any person or business that conducts 
 business in this state, and that owns or licenses data that 
 includes personal information, shall disclose any breach of the 
 security of the system following discovery or notification of 
 the breach in the security of the data to any resident of this 
 state whose unencrypted personal information was, or is 
 reasonably believed to have been, acquired by an unauthorized 
 person.  The disclosure must be made in the most expedient time 
 possible and without unreasonable delay, consistent with the 
 legitimate needs of law enforcement, as provided in paragraph 
 (c), or with any measures necessary to determine the scope of 
 the breach, identify the individuals affected, and restore the 
 reasonable integrity of the data system. 

    (b) Any person or business that maintains data that 
 includes personal information that the person or business does 
 not own shall notify the owner or licensee of the information of 
 any breach of the security of the data immediately following 
 discovery, if the personal information was, or is reasonably 
 believed to have been, acquired by an unauthorized person. 

    (c) The notification required by this section may be 
 delayed to a date certain if a law enforcement agency 
 affirmatively determines that the notification will impede a 
 criminal investigation. 

    (d) For purposes of this section, "breach of the security 
 of the system" means unauthorized acquisition of computerized 
 data that compromises the security, confidentiality, or 
 integrity of personal information maintained by the person or 
 business.  Good faith acquisition of personal information by an 
 employee or agent of the person or business for the purposes of 
 the person or business is not a breach of the security system, 
 provided that the personal information is not used or subject to 
 further unauthorized disclosure. 

    (e) For purposes of this section, "personal information" 
 means an individual's first name or first initial and last name 
 in combination with any one or more of the following data 
 elements, when either the name or the data elements is not 
 encrypted: 

    (1) Social Security number; 

    (2) driver's license number or Minnesota identification 
 card number; or 

    (3) account number or credit or debit card number, in 
 combination with any required security code, access code, or 
 password that would permit access to an individual's financial 
 account. 

    (f) For purposes of this section, "personal information" 
 does not include publicly available information that is lawfully 
 made available to the general public from federal, state, or 
 local government records. 

    (g) For purposes of this section, "notice" may be provided 
 by one of the following methods: 

    (1) written notice to the most recent available address the 
 person or business has in its records; 

    (2) electronic notice, if the notice provided is consistent 
 with the provisions regarding electronic records and signatures 
 in United States Code, title 15, section 7001; or 

    (3) substitute notice, if the person or business 
 demonstrates that the cost of providing notice would exceed 
 $250,000, or that the affected class of subject persons to be 
 notified exceeds 500,000, or the person or business does not 
 have sufficient contact information.  Substitute notice must 
 consist of all of the following: 

    (i) e-mail notice when the person or business has an e-mail 
 address for the subject persons; 

    (ii) conspicuous posting of the notice on the Web site page 
 of the person or business, if the person or business maintains 
 one; and 

    (iii) notification to major statewide media. 

    (h) Notwithstanding paragraph (g), a person or business 
 that maintains its own notification procedures as part of an 
 information security policy for the treatment of personal 
 information and is otherwise consistent with the timing 
 requirements of this section, shall be deemed to be in 
 compliance with the notification requirements of this section if 
 the person or business notifies subject persons in accordance 
 with its policies in the event of a breach of security of the 
 system. 

    Subd. 2.    Coordination with consumer reporting agencies. 
  If a person discovers circumstances requiring notification 
 under this section of more than 500 persons at one time, the 
 person shall also notify, within 48 hours, all consumer 
 reporting agencies that compile and maintain files on consumers 
 on a nationwide basis, as defined by United States Code, title 
 15, section 1681a, of the timing, distribution, and content of 
 the notices. 

    Subd. 3.    Waiver prohibited.  Any waiver of the 
 provisions of this section is contrary to public policy and is 
 void and unenforceable. 

    Subd. 4.    Exemption.  This section does not apply to 
 any "financial institution" as defined by United States Code, 
 title 15, section 6809(3), and to entities subject to the 
 federal privacy and security regulations adopted under the 
 federal Health Insurance Portability and Accountability Act of 
 1996, Public Law 104-191. 

    Subd. 5.    Security assessments.  Each government 
 entity shall conduct a comprehensive security assessment of any 
 personal information maintained by the government entity. 

    Subd. 6.    Remedies and enforcement.  The attorney 
 general shall enforce this section under section 8.31. 

    HIST: 2005 c 167 s 1