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S.F. No. 1964 - Wireless Communications Device Dealer Regulations (Second Engrossment)
 
Author: Senator Kari Dziedzic
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 20, 2014



 
Section 1, subdivision 1 defines terms for purposes of the bill.
 
Subdivision 2 requires a wireless communication device dealer to keep a written record at the time of purchase of a used wireless communication device for resale. Contents of the record are specified.  Records are required to be retained for three years and available at reasonable times for inspection by law enforcement. Dealer may not disclose personal information gathered in connection with the record without customer consent unless made in response to a law enforcement request.
 
Subdivision 3 lists prohibited practices with respect to records involving a used wireless communications device.
 
Subdivision 4 requires payments for used wireless communications devices to be made by check or electronic transfer.
 
Subdivision 5 provides for investigative holds if probable cause exists to believe a wireless communications device has been stolen. Procedures for imposition and termination of the hold are specified. Allows confiscation of a wireless device identified as stolen and return to the owner. Persons subject to the hold allowed to seek restitution in a criminal case for storage and lost profit.
 
Subdivision 6 requires the dealer to install and maintain cameras to record a picture of the face of a seller of a wireless communication device. The camera must be properly maintained and turned on when the location is open for business. Recordings required to be maintained for 60 days and open to inspection by law enforcement.
 
Subdivision 7 makes violation of this section a misdemeanor.
 
Subdivision 8 makes clear that the section does not apply to:
  • a new device returned to the dealer pursuant to the dealer's return policies;
  • devices acquired by a CMRS provider as part of a trade-in program; or
  • wireless device dealers regulated under chapter 325J (Pawnbrokers).
 
CBS/CT:tg:rer
 
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