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Agenda - Council - 02/08/2021
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Agenda - Council - 02/08/2021
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Council
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02/08/2021
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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 />38 <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 />Legislature. Specifically, the legislation <br />would forbid law enforcement agents from <br />acquiring customer information from pawn <br />and secondhand shops until they have <br />probable cause to do so, and would <br />eliminate the authority of local units of <br />government to more strictly regulate pawn <br />and secondhand dealers. <br />Response: The League of Minnesota <br />Cities supports the authority of cities to <br />regulate and license pawnbrokers, and <br />opposes any legislation that would remove <br />the authority of local governments to <br />enact more restrictive regulations than <br />currently exist in Minn. Stat. ch. 325J. <br />The League supports the authority of <br />cities to set licensing and transaction fees <br />that enable them to recover their full <br />regulatory and enforcement expenses. <br />The League supports cooperation <br />between law enforcement agencies and <br />the pawn industry that enhances the <br />ability to identify illegal activity and <br />recover stolen property. Access to <br />transaction information by law <br />enforcement agencies is vital to <br />accomplishing this goal. Further, the <br />sharing of information through the use of <br />the APS is a proactive way to prevent <br />property and other crimes. <br />SD-37. City Costs for Enforcing <br />State and Local Laws <br />Issue: Cities experience substantial costs <br />enforcing state and local laws, particularly <br />those related to traffic, controlled <br />substances, and incarceration of prisoners. <br />
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