HF 684

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying certain 
  1.3             temporary permit provisions for recreational vehicles; 
  1.4             allowing refunds for certain registrations, licenses, 
  1.5             and titles; extending availability of critical habitat 
  1.6             license plates; amending Minnesota Statutes 2004, 
  1.7             sections 84.027, subdivision 15; 84.788, subdivision 
  1.8             3, by adding a subdivision; 84.798, by adding a 
  1.9             subdivision; 84.82, subdivision 2, by adding a 
  1.10            subdivision; 84.922, subdivision 2, by adding a 
  1.11            subdivision; 86B.415, by adding a subdivision; 
  1.12            168.1296, subdivision 1. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2004, section 84.027, 
  1.15  subdivision 15, is amended to read: 
  1.16     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
  1.17  may receive an application for, sell, and issue any license, 
  1.18  stamp, permit, registration, or transfer under the jurisdiction 
  1.19  of the commissioner by electronic means, including by 
  1.20  telephone.  Notwithstanding section 97A.472, electronic and 
  1.21  telephone transactions may be made outside of the state.  The 
  1.22  commissioner may: 
  1.23     (1) provide for the electronic transfer of funds generated 
  1.24  by electronic transactions, including by telephone; 
  1.25     (2) assign a license an identification number to an 
  1.26  applicant who purchases a hunting or fishing license or 
  1.27  recreational vehicle registration by electronic means, to serve 
  1.28  as temporary authorization to engage in the licensed activity 
  1.29  requiring a license or registration until the license or 
  2.1   registration is received or expires; 
  2.2      (3) charge and permit agents to charge a fee of individuals 
  2.3   who make electronic transactions and transactions by telephone, 
  2.4   including the issuing fee under section 97A.485, subdivision 6, 
  2.5   and an additional transaction fee not to exceed $3.50; 
  2.6      (4) collect issuing or filing fees as provided under 
  2.7   sections 84.788, subdivision 3, paragraph (e); 84.798, 
  2.8   subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph 
  2.9   (d) (e); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2, 
  2.10  paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and 
  2.11  97A.485, subdivision 6, and collect an electronic licensing 
  2.12  system commission on sales of licenses as provided under 
  2.13  sections 85.43, paragraph (b), and 97A.485, subdivision 7; and 
  2.14     (5) adopt rules to administer the provisions of this 
  2.15  subdivision. 
  2.16     (b) Establishment of the transaction fee under paragraph 
  2.17  (a), clause (3), is not subject to the rulemaking procedures of 
  2.18  chapter 14 and section 14.386 does not apply. 
  2.19     (c) Money received from fees and commissions collected 
  2.20  under this subdivision, including interest earned, is annually 
  2.21  appropriated from the game and fish fund and the natural 
  2.22  resources fund to the commissioner for the cost of electronic 
  2.23  licensing. 
  2.24     Sec. 2.  Minnesota Statutes 2004, section 84.788, 
  2.25  subdivision 3, is amended to read: 
  2.26     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
  2.27  for registration or continued registration must be made to the 
  2.28  commissioner or an authorized deputy registrar of motor vehicles 
  2.29  in a form prescribed by the commissioner.  The form must state 
  2.30  the name and address of every owner of the off-highway 
  2.31  motorcycle. 
  2.32     (b) A person who purchases from a retail dealer an 
  2.33  off-highway motorcycle shall make application for registration 
  2.34  to the dealer at the point of sale.  The dealer shall issue a 
  2.35  dealer temporary ten-day registration permit to each purchaser 
  2.36  who applies to the dealer for registration.  The dealer shall 
  3.1   submit the completed registration applications and fees to the 
  3.2   deputy registrar at least once each week.  No fee may be charged 
  3.3   by a dealer to a purchaser for providing the temporary permit. 
  3.4      (c) Upon receipt of the application and the appropriate 
  3.5   fee, the commissioner or deputy registrar shall issue to the 
  3.6   applicant, or provide to the dealer, a 60-day temporary receipt 
  3.7   and shall assign a an assigned registration number that or a 
  3.8   commissioner or deputy registrar temporary ten-day permit.  Once 
  3.9   issued, the registration number must be affixed to the 
  3.10  motorcycle in a manner prescribed by the commissioner according 
  3.11  to paragraph (f).  A dealer subject to paragraph (b) shall 
  3.12  provide the registration materials and or temporary receipt 
  3.13  permit to the purchaser within the ten-day temporary permit 
  3.14  period. 
  3.15     (d) The commissioner shall develop a registration system to 
  3.16  register vehicles under this section.  A deputy registrar of 
  3.17  motor vehicles acting under section 168.33, is also a deputy 
  3.18  registrar of off-highway motorcycles.  The commissioner of 
  3.19  natural resources in agreement with the commissioner of public 
  3.20  safety may prescribe the accounting and procedural requirements 
  3.21  necessary to ensure efficient handling of registrations and 
  3.22  registration fees.  Deputy registrars shall strictly comply with 
  3.23  the accounting and procedural requirements.  
  3.24     (e) In addition to other fees prescribed by law, a filing 
  3.25  fee of $4.50 is charged for each off-highway motorcycle 
  3.26  registration renewal, duplicate or replacement registration 
  3.27  card, and replacement decal and a filing fee of $7 is charged 
  3.28  for each off-highway motorcycle registration and registration 
  3.29  transfer issued by: 
  3.30     (1) a deputy registrar and must be deposited in the 
  3.31  treasury of the jurisdiction where the deputy is appointed, or 
  3.32  kept if the deputy is not a public official; or 
  3.33     (2) the commissioner and must be deposited in the state 
  3.34  treasury and credited to the off-highway motorcycle account. 
  3.35     (f) Unless exempted under paragraph (g), the owner of an 
  3.36  off-highway motorcycle must display a registration decal issued 
  4.1   by the commissioner.  If the motorcycle is licensed as a motor 
  4.2   vehicle, a registration decal must be affixed on the upper left 
  4.3   corner of the rear license plate.  If the motorcycle is not 
  4.4   licensed as a motor vehicle, the decal must be attached on the 
  4.5   side of the motorcycle and may be attached to the fork tube.  
  4.6   The decal must be attached so that it is visible while a rider 
  4.7   is on the motorcycle.  The issued decals must be of a size to 
  4.8   work within the constraints of the electronic licensing system, 
  4.9   not to exceed three inches high and three inches wide. 
  4.10     (g) Display of a registration decal is not required for an 
  4.11  off-highway motorcycle while being operated on private property 
  4.12  or while competing in a closed-course competition event. 
  4.13     Sec. 3.  Minnesota Statutes 2004, section 84.788, is 
  4.14  amended by adding a subdivision to read: 
  4.15     Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
  4.16  on a registration, not including any issuing fees paid under 
  4.17  subdivision 3, paragraph (e), or section 84.027, subdivision 15, 
  4.18  paragraph (a), clause (3), if the refund request is received 
  4.19  within 12 months of the original registration and: 
  4.20     (1) the off-highway motorcycle was registered incorrectly 
  4.21  by the commissioner or the deputy registrar; or 
  4.22     (2) the off-highway motorcycle was registered twice, once 
  4.23  by the dealer and once by the customer. 
  4.24     Sec. 4.  Minnesota Statutes 2004, section 84.798, is 
  4.25  amended by adding a subdivision to read: 
  4.26     Subd. 10.  [REFUNDS.] The commissioner may issue a refund 
  4.27  on a registration, not including any issuing fees paid under 
  4.28  subdivision 3, paragraph (b), or section 84.027, subdivision 15, 
  4.29  paragraph (a), clause (3), if the refund request is received 
  4.30  within 12 months of the original registration and the vehicle 
  4.31  was registered incorrectly by the commissioner or the deputy 
  4.32  registrar. 
  4.33     Sec. 5.  Minnesota Statutes 2004, section 84.82, 
  4.34  subdivision 2, is amended to read: 
  4.35     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL FEE.] 
  4.36  (a) Application for registration or reregistration shall be made 
  5.1   to the commissioner or an authorized deputy registrar of motor 
  5.2   vehicles in a format prescribed by the commissioner and shall 
  5.3   state the legal name and address of every owner of the 
  5.4   snowmobile.  
  5.5      (b) A person who purchases a snowmobile from a retail 
  5.6   dealer shall make application for registration to the dealer at 
  5.7   the point of sale.  The dealer shall issue a dealer temporary 
  5.8   ten-day registration permit to each purchaser who applies to the 
  5.9   dealer for registration.  The temporary registration is valid 
  5.10  for 60 days from the date of issue.  Each retail dealer shall 
  5.11  submit completed registration and fees to the deputy registrar 
  5.12  at least once a week.  No fee may be charged by a dealer to a 
  5.13  purchaser for providing the temporary permit. 
  5.14     (c) Upon receipt of the application and the appropriate fee 
  5.15  as hereinafter provided, such snowmobile shall be registered and 
  5.16  a the commissioner or deputy registrar shall issue to the 
  5.17  applicant, or provide to the dealer, an assigned registration 
  5.18  number assigned which shall or a commissioner or deputy 
  5.19  registrar temporary ten-day permit.  Once issued, the 
  5.20  registration number must be affixed to the snowmobile in a 
  5.21  clearly visible and permanent manner for enforcement purposes as 
  5.22  the commissioner of natural resources shall prescribe.  A dealer 
  5.23  subject to paragraph (b) shall provide the registration 
  5.24  materials or temporary permit to the purchaser within the 
  5.25  temporary ten-day permit period.  The registration is not valid 
  5.26  unless signed by at least one owner. 
  5.27     (c) (d) Each deputy registrar of motor vehicles acting 
  5.28  pursuant to section 168.33, shall also be a deputy registrar of 
  5.29  snowmobiles.  The commissioner of natural resources in agreement 
  5.30  with the commissioner of public safety may prescribe the 
  5.31  accounting and procedural requirements necessary to assure 
  5.32  efficient handling of registrations and registration fees.  
  5.33  Deputy registrars shall strictly comply with these accounting 
  5.34  and procedural requirements.  
  5.35     (d) (e) A fee of $2 in addition to that otherwise 
  5.36  prescribed by law shall be charged for: 
  6.1      (1) each snowmobile registered by the registrar or a deputy 
  6.2   registrar and the additional fee shall be disposed of in the 
  6.3   manner provided in section 168.33, subdivision 2; or 
  6.4      (2) each snowmobile registered by the commissioner and the 
  6.5   additional fee shall be deposited in the state treasury and 
  6.6   credited to the snowmobile trails and enforcement account in the 
  6.7   natural resources fund.  
  6.8      Sec. 6.  Minnesota Statutes 2004, section 84.82, is amended 
  6.9   by adding a subdivision to read: 
  6.10     Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
  6.11  on a registration, not including any issuing fees paid under 
  6.12  subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
  6.13  paragraph (a), clause (3), if the refund request is received 
  6.14  within 12 months of the original registration and: 
  6.15     (1) the snowmobile was registered incorrectly by the 
  6.16  commissioner or the deputy registrar; or 
  6.17     (2) the snowmobile was registered twice, once by the dealer 
  6.18  and once by the customer. 
  6.19     Sec. 7.  Minnesota Statutes 2004, section 84.922, 
  6.20  subdivision 2, is amended to read: 
  6.21     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
  6.22  for registration or continued registration shall be made to the 
  6.23  commissioner of natural resources, the commissioner of public 
  6.24  safety or an authorized deputy registrar of motor vehicles in a 
  6.25  form prescribed by the commissioner.  The form must state the 
  6.26  name and address of every owner of the vehicle.  
  6.27     (b) A person who purchases an all-terrain vehicle from a 
  6.28  retail dealer shall make application for registration to the 
  6.29  dealer at the point of sale.  The dealer shall issue a dealer 
  6.30  temporary ten-day registration permit to each purchaser who 
  6.31  applies to the dealer for registration.  The dealer shall submit 
  6.32  the completed registration application and fees to the deputy 
  6.33  registrar at least once each week.  No fee may be charged by a 
  6.34  dealer to a purchaser for providing the temporary permit. 
  6.35     (c) Upon receipt of the application and the appropriate 
  6.36  fee, the commissioner or deputy registrar shall issue to the 
  7.1   applicant, or provide to the dealer, a 60-day temporary receipt 
  7.2   and shall assign a an assigned registration number that or a 
  7.3   commissioner or deputy registrar temporary ten-day permit.  Once 
  7.4   issued, the registration number must be affixed to the vehicle 
  7.5   in a manner prescribed by the commissioner.  A dealer subject to 
  7.6   paragraph (b) shall provide the registration materials and or 
  7.7   temporary receipt permit to the purchaser within the ten-day 
  7.8   temporary permit period.  The commissioner shall use the 
  7.9   snowmobile registration system to register vehicles under this 
  7.10  section.  
  7.11     (d) Each deputy registrar of motor vehicles acting under 
  7.12  section 168.33, is also a deputy registrar of all-terrain 
  7.13  vehicles.  The commissioner of natural resources in agreement 
  7.14  with the commissioner of public safety may prescribe the 
  7.15  accounting and procedural requirements necessary to assure 
  7.16  efficient handling of registrations and registration fees. 
  7.17  Deputy registrars shall strictly comply with the accounting and 
  7.18  procedural requirements.  
  7.19     (e) In addition to other fees prescribed by law, a filing 
  7.20  fee of $4.50 is charged for each all-terrain vehicle 
  7.21  registration renewal, duplicate or replacement registration 
  7.22  card, and replacement decal and a filing fee of $7 is charged 
  7.23  for each all-terrain vehicle registration and registration 
  7.24  transfer issued by: 
  7.25     (1) a deputy registrar and shall be deposited in the 
  7.26  treasury of the jurisdiction where the deputy is appointed, or 
  7.27  retained if the deputy is not a public official; or 
  7.28     (2) the commissioner and shall be deposited to the state 
  7.29  treasury and credited to the all-terrain vehicle account in the 
  7.30  natural resources fund. 
  7.31     Sec. 8.  Minnesota Statutes 2004, section 84.922, is 
  7.32  amended by adding a subdivision to read: 
  7.33     Subd. 12.  [REFUNDS.] The commissioner may issue a refund 
  7.34  on a registration, not including any issuing fees paid under 
  7.35  subdivision 2, paragraph (e), or section 84.027, subdivision 15, 
  7.36  paragraph (a), clause (3), if the refund request is received 
  8.1   within 12 months of the original registration and: 
  8.2      (1) the vehicle was registered incorrectly by the 
  8.3   commissioner or the deputy registrar; or 
  8.4      (2) the vehicle was registered twice, once by the dealer 
  8.5   and once by the customer. 
  8.6      Sec. 9.  Minnesota Statutes 2004, section 86B.415, is 
  8.7   amended by adding a subdivision to read: 
  8.8      Subd. 11.  [REFUNDS.] The commissioner may issue a refund 
  8.9   on a license or title, not including any issuing fees paid under 
  8.10  subdivision 8 or section 84.027, subdivision 15, paragraph (a), 
  8.11  clause (3), or 86B.870, subdivision 1, paragraph (b), if the 
  8.12  refund request is received within 12 months of the original 
  8.13  license or title and: 
  8.14     (1) the watercraft was licensed or titled incorrectly by 
  8.15  the commissioner or the deputy registrar; 
  8.16     (2) the customer was incorrectly charged a title fee; or 
  8.17     (3) the watercraft was licensed or titled twice, once by 
  8.18  the dealer and once by the customer. 
  8.19     Sec. 10.  Minnesota Statutes 2004, section 168.1296, 
  8.20  subdivision 1, is amended to read: 
  8.21     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
  8.22  The registrar shall issue special critical habitat license 
  8.23  plates to an applicant who: 
  8.24     (1) is an owner or joint owner of a passenger automobile, 
  8.25  pickup truck, or van or of recreational equipment; 
  8.26     (2) pays a fee of $10 to cover the costs of handling and 
  8.27  manufacturing the plates; 
  8.28     (3) pays the registration tax required under section 
  8.29  168.013; 
  8.30     (4) pays the fees required under this chapter; 
  8.31     (5) contributes a minimum of $30 annually to the Minnesota 
  8.32  critical habitat private sector matching account established in 
  8.33  section 84.943; and 
  8.34     (6) complies with laws and rules governing registration and 
  8.35  licensing of vehicles and drivers. 
  8.36     (b) The critical habitat license application form must 
  9.1   clearly indicate that the annual contribution specified under 
  9.2   paragraph (a), clause (5), is a minimum contribution to receive 
  9.3   the license plate and that the applicant may make an additional 
  9.4   contribution to the account.