HF 1209

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to motor vehicles; removing expiration date relating to corporate
1.3deputy registrars; providing for new location in Burnsville for deputy registrar;
1.4amending Minnesota Statutes 2008, section 168.33, subdivision 2; proposing
1.5coding for new law in Minnesota Statutes, chapter 383D.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
1.8    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause
1.9discontinue, a deputy registrar for any statutory or home rule charter city as the public
1.10interest and convenience may require, without regard to whether the county auditor of
1.11the county in which the city is situated has been appointed as the deputy registrar for the
1.12county or has been discontinued as the deputy registrar for the county, and without regard
1.13to whether the county in which the city is situated has established a county license bureau
1.14that issues motor vehicle licenses as provided in section 373.32.
1.15(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
1.16for any statutory or home rule charter city as the public interest and convenience may
1.17require, if the auditor for the county in which the city is situated chooses not to accept
1.18appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
1.19or if the county in which the city is situated has not established a county license bureau
1.20that issues motor vehicle licenses as provided in section 373.32. The individual appointed
1.21by the commissioner as a deputy registrar for any statutory or home rule charter city must
1.22be a resident of the county in which the city is situated.
1.23(c) The commissioner may appoint, and for cause discontinue, the county auditor of
1.24each county as a deputy registrar.
2.1(d) Despite any other provision, a person other than a county auditor or a director
2.2of a county license bureau, who was appointed by the registrar before August 1, 1976,
2.3as a deputy registrar for any statutory or home rule charter city, may continue to serve
2.4as deputy registrar and may be discontinued for cause only by the commissioner. The
2.5county auditor who appointed the deputy registrars is responsible for the acts of deputy
2.6registrars appointed by the auditor.
2.7(e) Each deputy, before entering upon the discharge of duties, shall take and
2.8subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
2.9(f) If a deputy registrar appointed under this subdivision is not an officer or employee
2.10of a county or statutory or home rule charter city, the deputy shall in addition give bond to
2.11the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
2.12conditioned upon the faithful discharge of duties as deputy registrar.
2.13(g) Until January 1, 2012, A corporation governed by chapter 302A or 317A
2.14may be appointed a deputy registrar. Upon application by an individual serving as a
2.15deputy registrar and the giving of the requisite bond as provided in this subdivision,
2.16personally assured by the individual or another individual approved by the commissioner,
2.17a corporation named in an application then becomes the duly appointed and qualified
2.18successor to the deputy registrar. The appointment of any corporation as a deputy registrar
2.19expires January 1, 2012. The commissioner shall appoint an individual as successor to
2.20the corporation as a deputy registrar. The commissioner shall appoint as the successor
2.21agent to a corporation whose appointment expires under this paragraph an officer of the
2.22corporation if the officer applies for appointment before July 1, 2012.
2.23(h) Each deputy registrar appointed under this subdivision shall keep and maintain
2.24office locations approved by the commissioner for the registration of vehicles and the
2.25collection of taxes and fees on vehicles.
2.26(i) The deputy registrar shall keep records and make reports to the commissioner as
2.27the commissioner requires. The records must be maintained at the offices of the deputy
2.28registrar. The records and offices of the deputy registrar must at all times be open to the
2.29inspection of the commissioner or the commissioner's agents. The deputy registrar shall
2.30report to the commissioner by the next working day following receipt all registrations
2.31made and taxes and fees collected by the deputy registrar.
2.32(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
2.33the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
2.34but the registration tax and any additional fees for delayed registration the deputy registrar
2.35has collected the deputy registrar shall deposit by the next working day following receipt
2.36in an approved state depository to the credit of the state through the commissioner of
3.1finance management and budget. The place for which the deputy registrar is appointed
3.2through its governing body must provide the deputy registrar with facilities and personnel
3.3to carry out the duties imposed by this subdivision if the deputy is a public official. In all
3.4other cases, the deputy shall maintain a suitable facility for serving the public.

3.5    Sec. 2. [383D.75] NEW LOCATION FOR DEPUTY REGISTRAR.
3.6Notwithstanding section 168.33, and rules adopted by the commissioner of public
3.7safety, limiting sites for the office of deputy registrar based on either the distance to an
3.8existing deputy registrar office or the annual volume of transactions processed by any
3.9deputy registrar, the commissioner of public safety shall permit the deputy registrar of
3.10motor vehicles agent number 128 and driver's license agent number 726 for Dakota County
3.11to move from the existing deputy registrar location in Burnsville to the Dakota County
3.12Burnhaven Library in Burnsville, with full authority to function as a registration and
3.13motor vehicle tax collection and driver's license bureau, at the Dakota County Burnhaven
3.14Library. All other provisions regarding the appointment and operation of a deputy
3.15registrar of motor vehicles and driver's license agent under sections 168.33 and 171.061,
3.16and Minnesota Rules, chapter 7406, not inconsistent with this section, apply to the office.

3.17    Sec. 3. EFFECTIVE DATE; LOCAL APPROVAL.
3.18Section 2 is effective the day after the governing body of the county of Dakota and
3.19its chief clerical officer timely complete their compliance with Minnesota Statutes, section
3.20645.021, subdivisions 2 and 3.