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168A.1501.2(f)

Statute ID: 14713

Statute Function ID: 31857

Scrap Vehicle Operator - Disclose Personal Information w/out Customer Consent

In Effect

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Charge

Classifications

Offense Level:

Petty Misdemeanor (PM)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

Traffic/Accidents(exclude DWI) (J) (Rank 28)

Detailed Offense Code:

Traffic/Transportation (499)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

168A.1501.2(f)

Enactment Date:

May 24, 2013

Effective Date:

Aug 1, 2013

Expiration Date:

Repealed?:

Summary Text:

Scrap Vehicle Operator - Disclose Personal Information w/out Customer Consent

Statute ID:

14713

Created:

Jul 17, 2013 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 17, 2013 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

013 c 126 sec 5; Misdemeanor per 168A.1501.11

Summary Text:

Scrap Vehicle Operator - Disclose Personal Information w/out Customer Consent

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/168A/1501.html

Legislative Session:

2013 - Regular

Session Law Text?:

Statute text last updated on:

Jul 17, 2013

(a) Every scrap vehicle operator, including an agent, employee, or representative of the operator, shall create a permanent record written in English, using ink or an electronic record program, as appropriate, at the time of each purchase or acquisition of a scrap vehicle. The record must include:
(1) the vehicle identification number; license plate number, if any, including state of issue and month and year of validation; and vehicle make, model, and color;
(2) the date, time, and place of the receipt of the vehicle purchased or acquired and a unique transaction identifier;
(3) a photocopy or electronic scan of the seller's proof of identification including the identification number;
(4) the amount paid and the number of the check or electronic transfer used to purchase the vehicle;
(5) the license plate number and description of the vehicle used by the person when delivering the scrap vehicle, including the vehicle make and model, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable;
(6) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the scrap vehicle is not stolen and is free of any liens or encumbrances and the seller has the right to sell it;
(7) a copy of the title, if any, provided by the seller of a motor vehicle or, if no title is provided, documentation required under (i) subdivision 8, clause (3), item (i), or (ii) subdivision 9, paragraph (a), clause (3), item (i); and
(8) a copy of the receipt, which must include at least the following information: the name and address of the operator; the date and time the scrap vehicle was received by the operator; an accurate description of the scrap vehicle; and the amount paid for the scrap vehicle.
(b) The record, as well as the scrap vehicle purchased or received, shall at all reasonable times be open to the inspection of any properly identified law enforcement officer.
(c) No record is required for property purchased from manufacturers, salvage pools, merchants operating under a contract with a scrap vehicle operator, insurance companies, rental car companies, financial institutions, charities, dealers licensed under section 168.27, or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock, but a receipt as required under paragraph (a), clause (8), shall be obtained and kept by the person, which must be shown upon demand to any properly identified law enforcement officer.
(d) The operator must provide a copy of the receipt required under paragraph (a), clause (8), to the seller in every transaction.
(e) Law enforcement agencies in the jurisdiction where an operator is located may conduct regular and routine inspections to ensure compliance, refer violations to the city or county attorney for criminal prosecution, and notify the registrar of motor vehicles.
(f) Except as otherwise provided in this section, a scrap vehicle operator or the operator's agent, employee, or representative may not disclose personal information concerning a customer without the customer's consent unless the disclosure is required by law or made in response to a request from a law enforcement agency. A scrap vehicle operator must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information. For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).