SF 3780

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

A bill for an act
relating to legislative enactments; correcting miscellaneous oversights;
inconsistencies; ambiguities; unintended results; and technical errors; amending
Minnesota Statutes 2004, section 325F.665, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 325F.665, subdivision 1, is amended to
read:

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given them:

(a) "consumer" means the purchaser or lessee, other than for purposes of resale or
sublease, of a new motor vehicle used for personal, family, or household purposes at least
40 percent of the time, new text begin or new text end a person to whom the new motor vehicle is transferred for the
same purposes during the duration of an express warranty applicable to the motor vehicle;

(b) "manufacturer" means a person engaged in the business of manufacturing,
assembling or distributing motor vehicles, who will, under normal business conditions
during the year, manufacture, assemble or distribute to dealers at least ten new motor
vehicles;

(c) "manufacturer's express warranty" and "warranty" mean the written warranty of
the manufacturer of a new motor vehicle of its condition and fitness for use, including any
terms or conditions precedent to the enforcement of obligations under that warranty;

(d) "lease" means a contract in the form of a lease or bailment for the use of
personal property by a natural person for a period of time exceeding four months, used for
personal, family, or household purposes at least 40 percent of the time, whether or not
the lessee has the option to purchase or otherwise become the owner of the property at
the expiration of the lease;

(e) "motor vehicle" means (1) a passenger automobile as defined in section 168.011,
subdivision 7, including pickup trucks and vans, and (2) the self-propelled motor vehicle
chassis or van portion of recreational equipment as defined in section 168.011, subdivision
25, which is sold or leased to a consumer in this state;

(f) "informal dispute settlement mechanism" means an arbitration process or
procedure by which the manufacturer attempts to resolve disputes with consumers
regarding motor vehicle nonconformities and repairs that arise during the vehicle's
warranty period;

(g) "motor vehicle lessor" means a person who holds title to a motor vehicle leased
to a lessee under a written lease agreement or who holds the lessor's rights under such
agreement; and

(h) "early termination costs" means expenses and obligations incurred by a motor
vehicle lessor as a result of an early termination of a written lease agreement and
surrender of a motor vehicle to a manufacturer under subdivision 4, including penalties
for prepayment of finance arrangements.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section of this act takes effect at the time the
provision being corrected takes effect.
new text end