1.1 	A bill for an act
1.2 	relating to commerce; regulating access to customer data and personal property 
1.3 	data maintained by pawnbrokers and secondhand goods dealers; restricting 
1.4 	law enforcement access to customer data; classifying data; preempting local 
1.5 	regulation;amending Minnesota Statutes 2006, sections 13.487, by adding a 
1.6 	subdivision; 325J.01, by adding subdivisions; 325J.05; 325J.13; proposing 
1.7 	coding for new law in Minnesota Statutes, chapter 325J.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2006, section 13.487, is amended by adding a 
1.10 	subdivision to read:
1.11 		Subd. 4.Pawnbrokers and secondhand dealers. Customer data and personal 
1.12 	property data collected from pawnbrokers and secondhand goods dealers are classified 
1.13 	in section 325J.051.

1.14 	Sec. 2. Minnesota Statutes 2006, section 325J.01, is amended by adding a subdivision 
1.15 	to read:
1.16 		Subd. 2a.Customer data. "Customer data" means data collected by a pawnbroker 
1.17 	or secondhand goods dealer regarding a customer, including:
1.18 	(1) name, address, or birth date;
1.19 	(2) physical description, including gender, race, height, weight, color of eyes, color 
1.20 	of hair, tattoos, body piercing, or any other identifying physical features;
1.21 	(3) nationality or country of origin; or
1.22 	(4) photographs, videotapes, electronic surveillance, and identification cards, 
1.23 	including a driver's license, Social Security card, passport, or military identification card.

2.1 	Sec. 3. Minnesota Statutes 2006, section 325J.01, is amended by adding a subdivision 
2.2 	to read:
2.3 		Subd. 2b.Database. "Database" means a data collection system that stores 
2.4 	customer data or personal property data for the purposes of regulating pawnbrokers or 
2.5 	secondhand goods dealers by the state or a municipality.

2.6 	Sec. 4. Minnesota Statutes 2006, section 325J.01, is amended by adding a subdivision 
2.7 	to read:
2.8 		Subd. 7a.Personal property data. "Personal property data" means data collected 
2.9 	by a pawnbroker or secondhand goods dealer regarding pledged goods that are part of a 
2.10 	pawn transaction or personal property that is purchased as part of a secondhand goods 
2.11 	transaction, including a description of the goods or property and the manufacturer's model 
2.12 	or serial number, if applicable.

2.13 	Sec. 5. Minnesota Statutes 2006, section 325J.01, is amended by adding a subdivision 
2.14 	to read:
2.15 		Subd. 9.Reportable transaction. "Reportable transaction" means a pawn 
2.16 	transaction or secondhand goods transaction but does not include:
2.17 	(1) renewals, extensions, or redemptions of pawn transactions or secondhand goods 
2.18 	transactions;
2.19 	(2) the bulk purchase or consignment of new or used merchandise from a merchant, 
2.20 	manufacturer, or wholesaler;
2.21 	(3) retail or wholesale sales of merchandise; or
2.22 	(4) a pawn transaction or secondhand goods transaction that has been conducted 
2.23 	with the same customer involving the same item within the previous 12-month period.

2.24 	Sec. 6. Minnesota Statutes 2006, section 325J.01, is amended by adding a subdivision 
2.25 	to read:
2.26 		Subd. 10.Secondhand goods dealer. "Secondhand goods dealer" means a person 
2.27 	engaged in the business of selling or receiving personal property, excluding motor 
2.28 	vehicles, that were previously owned, used, rented, or leased.

2.29 	Sec. 7. Minnesota Statutes 2006, section 325J.01, is amended by adding a subdivision 
2.30 	to read:
2.31 		Subd. 11.Secondhand goods transaction. "Secondhand goods transaction" means 
2.32 	a purchase of personal property made by a secondhand goods dealer.

3.1 	Sec. 8. Minnesota Statutes 2006, section 325J.05, is amended to read:
3.2 	325J.05 RECORDS; RETENTION.
3.3 	(a) The pledgor or seller shall sign a pawn ticket and receive an exact copy of the 
3.4 	pawn ticket.
3.5 	(b) The pawnbroker shall maintain on the premises a record of all transactions of 
3.6 	pledged or purchased goods for a period of three years. These records shall be a correct 
3.7 	copy of the entries made of the pawn transactions. A pawnbroker shall upon request 
3.8 	provide to the appropriate law enforcement agency a complete and accurate record of 
3.9 	pawn transactions, provided that customer data must be provided only as authorized under 
3.10 	section 325J.051. If the pawnbroker provides the records in a computerized format, they 
3.11 	must be provided in the interchange file specification format.
3.12 	(c) For purposes of paragraph (b), "interchange file specification format" means 
3.13 	the most current version of the Minneapolis automated pawn system interchange file 
3.14 	specification format.

3.15 	Sec. 9. [325J.051] ACCESS TO RECORDS; REPORTING OF DATA; FEES.
3.16 		Subdivision 1.Disclosure of data limited. Except as otherwise provided in this 
3.17 	section, a pawnbroker or secondhand goods dealer must not disclose customer data and 
3.18 	personal property data to another person, including third-party subscribers to a database, 
3.19 	unless the customer consents to the disclosure.
3.20 		Subd. 2.Customer data. The state or a municipality may require pawnbrokers 
3.21 	and secondhand goods dealers to collect customer data, provided that the data may be 
3.22 	disclosed to the state, a municipality, a law enforcement agency, or a database only if a law 
3.23 	enforcement agency provides the pawnbroker or secondhand goods dealer with a written 
3.24 	request for specific customer data in connection with a current criminal investigation. The 
3.25 	requesting law enforcement agency must have probable cause to request the customer 
3.26 	data. A pawnbroker or a secondhand goods dealer who receives a request for access to 
3.27 	data under this subdivision shall comply with the request within three calendar days.
3.28 		Subd. 3.Personal property data. The state or a municipality may require 
3.29 	pawnbrokers and secondhand goods dealers to collect personal property data and report 
3.30 	personal property data to the state, a municipality, a law enforcement agency, or a database.
3.31 		Subd. 4.Licensing fee. A municipality may charge pawnbrokers and secondhand 
3.32 	goods dealers a fee of up to 25 cents per reportable transaction. A municipality must not 
3.33 	charge pawnbrokers or secondhand goods dealers or their customers any other fee related 
3.34 	to pawn or secondhand goods transactions or the regulation or licensing of pawnbrokers or 
3.35 	secondhand goods dealers.
4.1 		Subd. 5.Data classification. Customer data or personal property data maintained 
4.2 	by the state or a municipality are private data on individuals or nonpublic data, as defined 
4.3 	in section 13.02. Data maintained by a law enforcement agency are governed by section 
4.4 	13.82.

4.5 	Sec. 10. Minnesota Statutes 2006, section 325J.13, is amended to read:
4.6 	325J.13 ORDINANCES; CONSISTENCY.
4.7 	Nothing in This chapter preempts or supersedes any charter provision, ordinance, 
4.8 	or other law adopted by a municipality that provides for more restrictive regulation of 
4.9 	pawnbrokers or pawn pawnbrokers, secondhand goods dealers, or pawn or secondhand 
4.10 	goods transactions.