HF 3201

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; modifying provision for salvage certificate of title;
requiring notice on vehicle to be dismantled or destroyed; modifying definition of
"motorized foot scooter"; amending Minnesota Statutes 2004, section 168A.153;
Minnesota Statutes 2005 Supplement, sections 168A.151, subdivision 1; 169.01,
subdivision 4c.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 168A.151, subdivision 1,
is amended to read:

Subdivision 1.

Salvage titles.

(a) When an insurer, licensed to conduct business in
Minnesota, acquires ownership of a late-model or high-value vehicle through payment
of damages, the insurer shall immediately apply for a salvage certificate of title or shall
stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF
TITLE" in a manner prescribed by the department. Within 48 hours of taking possession
of a vehicle through payment of damages, an insurer must notify the department in a
manner prescribed by the department.

(b) Any person who acquires a damaged motor vehicle with an out-of-state title new text begin as
proof of ownership, new text end and the cost of repairs exceeds the value of the damaged vehicle
deleted text begin or a motor vehicle with an out-of-state salvage title or certificate, as proof of ownership deleted text end ,
shall immediately apply for a salvage certificate of title new text begin , except if the out-of-state title is
already a salvage certificate of title new text end . A self-insured owner of a late-model or high-value
vehicle who sustains damage by collision or other occurrence which exceeds 70 percent of
its actual cash value shall immediately apply for a salvage certificate of title. Damage, for
the purpose of this calculation, does not include the actual cost incurred to repair, replace,
or reinstall inflatable safety restraints and other vehicle components that must be replaced
due to the deployment of the inflatable safety restraints.

Sec. 2.

Minnesota Statutes 2004, section 168A.153, is amended to read:

168A.153 REPORT OF VEHICLE RECEIPT; SURRENDER OF
CERTIFICATE.

Subdivision 1.

Older model vehicle.

A dealer who buys an older model vehicle
to be dismantled or destroyed shall report to the department within 30 days including
the vehicle's license plate number and identification number, and the seller's name and
driver's license number.

Subd. 2.

Late-model or high-value vehicle.

A dealer who buys a late-model or
high-value vehicle to be dismantled or destroyed shall notify the secured party, if any, and
deleted text begin then surrender the certificate of title and a properly completed application for a salvage
certificate of title to the department within ten days deleted text end new text begin the commissioner in the manner
prescribed in subdivision 3. The dealer shall then properly destroy the certificate of title new text end .

new text begin Subd. 3. new text end

new text begin Notification on vehicle to be dismantled or destroyed; service fee.
new text end

new text begin Within the time frames prescribed in subdivisions 1 and 2 of acquiring a vehicle titled and
registered in Minnesota, a dealer shall notify the registrar that the dealership purchased the
vehicle to be dismantled or destroyed. The notification must be made electronically as
prescribed by the registrar. The dealer may contract this service to a deputy registrar and
the registrar may charge a fee not to exceed $7 per transaction to provide this service.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 169.01, subdivision 4c, is
amended to read:

Subd. 4c.

Motorized foot scooter.

"Motorized foot scooter" means a device with
handlebars designed to be stood or sat upon by the operator, and powered by an internal
combustion engine or electric motor that is capable of propelling the device with or
without human propulsion, and that has deleted text begin either (1) deleted text end no more than two ten-inch or smaller
diameter wheels deleted text begin or (2) deleted text end new text begin and has new text end an engine or motor that is capable of a maximum speed of
15 miles per hour on a flat surface with not more than one percent grade in any direction
when the motor is engaged. An electric personal assistive mobility device, a motorized
bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.