Vote Smart's Synopsis:

Vote to pass a bill that requires digital copy machine hard drives to be erased before being sold or exchanged.

Highlights:

• Requires a business to remove, or arrange the removal of, all records stored on a digital copy machine they own when the copy machine will no longer be retained by the business (Sec. 2).

• Requires all records stored on a leased digital copy machine to be erased prior to the lessor repossessing the machine (Sec. 2).

• Requires the lease agreement to state whether it is the lessor or lessee’s responsibility to remove, or arrange the removal of, the records on the digital copy machine (Sec. 2).

• Authorizes the lessor of the digital copy machine to charge the lessee a fee to erase all records as long as the fee is specified in the lease agreement and does not exceed one week’s value of the lease, up to $100 (Sec. 2).

• Requires the manufacturer of the digital copy machine to provide instructions with the machine, explaining how to remove, or arrange the removal of, all records stored on the copy machine (Sec. 3).

• Requires the lessor of a digital copy machine to provide a lessee who is contractually obligated to remove all records stored on that machine with instructions explaining how to remove, or arrange the removal of, all records stored on that copy machine (Sec. 3).

• Specifies that any business, lessor, or manufacturer that violates the provisions of this bill will be subject to a fine of up to $2,500 for the first offense and up to $5,000 for each subsequent offense (Sec. 4).

Full Bill Text