HF 1108

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; repealing the prohibition on 
  1.3             Sunday sales by motor vehicle dealers; making 
  1.4             conforming changes; amending Minnesota Statutes 2000, 
  1.5             section 168.27, subdivision 12; repealing Minnesota 
  1.6             Statutes 2000, sections 168.275; and 168.276. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 168.27, 
  1.9   subdivision 12, is amended to read: 
  1.10     Subd. 12.  [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) A 
  1.11  license may be suspended or revoked by the registrar of motor 
  1.12  vehicles upon proof satisfactory to the registrar of any of the 
  1.13  following: 
  1.14     (1) violations of any of the provisions of this chapter or 
  1.15  chapter 168A, 297B, 325E, or 325F; 
  1.16     (2) violation of or refusal to comply with the requests and 
  1.17  order of the registrar; 
  1.18     (3) failure to make or provide to the registrar all 
  1.19  listings, notices, and reports required by the registrar; 
  1.20     (4) failure to pay to the registrar all taxes, fees, and 
  1.21  arrears due from and by such dealer; 
  1.22     (5) failure to duly apply for renewal of license provided 
  1.23  for herein; 
  1.24     (6) revocation of previous license, of which the records of 
  1.25  the registrar relating thereto shall be prima facie evidence of 
  1.26  such previous revocation; 
  2.1      (7) failure of continued occupancy of an established place 
  2.2   of business; 
  2.3      (8) sale of a new and unused current model motor vehicle 
  2.4   other than the make of motor vehicle described in the franchise 
  2.5   or contract filed with the original application or renewal 
  2.6   thereof, without permission from the registrar; 
  2.7      (9) sale of a new and unused current model motor vehicle to 
  2.8   anyone except for consumer use, or to a dealer duly licensed to 
  2.9   sell the same make of motor vehicle; 
  2.10     (10) material misstatement or misrepresentation in 
  2.11  application for license or renewal thereof; 
  2.12     (11) having advertised, printed, displayed, published, 
  2.13  distributed, broadcast or televised or caused or permitted to be 
  2.14  advertised, printed, displayed, published, distributed, 
  2.15  broadcast or televised in any manner whatsoever, or having made 
  2.16  orally any statement or representation with regard to the sale, 
  2.17  lease or financing of motor vehicles which is false, deceptive 
  2.18  or misleading; 
  2.19     (12) having been convicted of violating section 325F.69, or 
  2.20  having been enjoined due to a violation of section 325F.69; 
  2.21     (13) having been convicted of violating the Minnesota 
  2.22  Odometer Law, section 325E.14, 325E.15, or 325E.16, or the 
  2.23  federal odometer law, United States Code, title 15, sections 
  2.24  1981 to 1991, as amended through December 31, 1984; 
  2.25     (14) having been convicted of violating the sale of motor 
  2.26  vehicles on Sunday law, section 168.275; 
  2.27     (15) having been convicted under section 609.53 of 
  2.28  receiving or selling stolen vehicles; or 
  2.29     (16) (15) having pleaded guilty, entered a plea of nolo 
  2.30  contendere or no contest, or having been found guilty in a court 
  2.31  of competent jurisdiction of any charge of failure to pay state 
  2.32  or federal income or sales taxes or felony charge of forgery, 
  2.33  embezzlement, obtaining money under false pretenses, theft by 
  2.34  swindle, extortion, conspiracy to defraud, or bribery.  
  2.35     (b) With respect to paragraph (a), clauses (12), (13), 
  2.36  (14), and (15), and (16), the registrar may suspend or revoke a 
  3.1   license immediately upon receiving certification of conviction 
  3.2   or permanent injunction.  A hearing is required under 
  3.3   subdivision 13 within 30 days following a summary suspension or 
  3.4   revocation under this paragraph, if a hearing is requested by 
  3.5   the licensee. 
  3.6      Sec. 2.  [REPEALER.] 
  3.7      Minnesota Statutes 2000, sections 168.275; and 168.276, are 
  3.8   repealed.