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Agenda - Council Work Session - 01/26/2016
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Agenda - Council Work Session - 01/26/2016
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Meetings
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Meeting Type
Council Work Session
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01/26/2016
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enforcement and corrections agents, court <br />officials, prosecutors, community groups, <br />and businesses that build public support <br />for Cr1MNet. <br />If Cr1MNet is to be implemented <br />statewide, the Legislature must consider <br />the different capacities of municipalities <br />to participate. The League requests that <br />the Legislature fund Cr1MNet planning <br />and implementation at the local level. <br />To ensure compliance with the MGDPA, <br />comprehensive guidelines and operational <br />practices should be implemented to <br />safeguard access to and use of CriMNet <br />data. However, data practices policies <br />should not create new, unfunded <br />mandates for local units of government or <br />compromise CriMNet's usefulness to the <br />criminal justice system by creating <br />unnecessary barriers. Cr1MNet <br />stakeholders and participating users at <br />the local level should be involved in <br />crafting any legislation that would govern <br />data practices requirements for Cr1MNet. <br />SD -34. Pawn Shop Regulation and <br />Use of the Automated Property <br />System (APS) <br />Issue: Minn. Stat. ch. 325J enables licensure <br />for pawnbrokers and provides statewide <br />minimum regulations for the pawn industry. <br />Specifically, the law: <br />a) Requires pawnbrokers to record all <br />transactions, including details of the item <br />pawned or sold, information about the <br />customer and the cost of the transaction. <br />b) Requires pawnbrokers to maintain <br />records of all transactions for three <br />years, and to make records available <br />upon request to law enforcement <br />agencies. <br />c) Allows pawnbrokers to charge a <br />maximum monthly interest rate of 3 <br />percent of the principal amount loaned in <br />a transaction, plus a reasonable fee for <br />storage and services. <br />The Automated Property System (APS) is a <br />computerized system for tracking and <br />monitoring pawn transactions. The purpose <br />of the APS is to provide a tool to verify <br />compliance with Minn. Stat. ch. 325J, to <br />help identify and minimize illegal activity, <br />to recover stolen property, and to provide a <br />legitimate environment for consumers. <br />Currently, almost 260 law enforcement <br />agencies and over 190 stores in Minnesota <br />and Wisconsin participate in the APS system <br />as either a "query only" or "contributing" <br />member. <br />All access to and use of information in the <br />APS system is governed by the Minnesota <br />Data Practices Act. Only authorized users <br />have access to the data. There is no public <br />access to the data. Further, data that would <br />reveal the identity of persons who are <br />customers of a licensed pawnbroker or <br />secondhand goods dealer are private data on <br />individuals and only used for law <br />enforcement purposes. Data describing the <br />property in a regulated transaction with a <br />licensed pawnbroker or secondhand goods <br />dealer is public. <br />Original pawn and secondhand transactions <br />reported to the APS carry a $1 fee, <br />regardless of the number of items involved. <br />All subsequent updates or corrections to <br />transactions are processed without charge. <br />Contributing jurisdictions may also add <br />regulatory costs to the transaction fee. The <br />total transaction fee is then typically <br />assessed by the dealer to the customer. <br />A bill that would weaken Minn. Stat. ch. <br />325J and restrict the use of the APS has <br />been introduced in the Minnesota <br />League of Minnesota Cities <br />2016 City Policies Page 22 <br />
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