HF 1821

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; modifying vehicle title and transfer provisions;
modifying definition of "motorized foot scooter"; amending Minnesota Statutes
2006, sections 168A.05, subdivisions 3, 5; 168A.10, subdivision 1; 168A.101;
169.01, subdivision 4c; 325F.665, by adding a subdivision; repealing Minnesota
Statutes 2006, sections 168A.05, subdivision 5a; 325E.0951, subdivision 3a.

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

Section 1.

Minnesota Statutes 2006, section 168A.05, subdivision 3, is amended to
read:

Subd. 3.

Content of certificate.

Each certificate of title issued by the department
shall contain:

(1) the date issued;

(2) the first, middle, and last names deleted text begin , deleted text end new text begin and new text end the dates of birth deleted text begin , and addresses deleted text end of all
owners who are natural persons, new text begin and new text end the full names deleted text begin and addresses deleted text end of all other owners;

(3) new text begin the residence address of the owner listed first if that owner is a natural person or
the address if that owner is not a natural person;
new text end

new text begin (4) new text end the names deleted text begin and addresses deleted text end of any secured parties new text begin , and the address of the first
secured party, listed new text end in the order of priority new text begin (i) new text end as shown on the application, or new text begin (ii) new text end if the
application is based on a certificate of title, as shown on the certificate, or new text begin (iii) new text end as otherwise
determined by the department;

deleted text begin (4) deleted text end new text begin (5) new text end any liens filed pursuant to a court order or by a public agency responsible for
child support enforcement against the owner;

deleted text begin (5) deleted text end new text begin (6) new text end the title number assigned to the vehicle;

deleted text begin (6) deleted text end new text begin (7) new text end a description of the vehicle including, so far as the following data exists, its
make, model, year, identifying number, type of body, whether new or used, and if a new
vehicle, the date of the first sale of the vehicle for use;

deleted text begin (7) deleted text end new text begin (8) new text end with respect to new text begin a new text end motor deleted text begin vehicles deleted text end new text begin vehicle new text end subject to deleted text begin the provisions of deleted text end section
325E.15, new text begin (i) new text end the true cumulative mileage registered on the odometer or new text begin (ii) new text end that the actual
mileage is unknown if the odometer reading is known by the owner to be different from
the true mileage;

deleted text begin (8) deleted text end new text begin (9) new text end with respect to deleted text begin vehicles deleted text end new text begin a vehicle new text end subject to sections 325F.6641 and
325F.6642, the appropriate term "flood damaged," "rebuilt," "prior salvage," or
"reconstructed";

deleted text begin (9) deleted text end new text begin (10) new text end with respect to a vehicle contaminated by methamphetamine production, if
the registrar has received the certificate of title and notice described in section 152.0275,
subdivision 2, paragraph (g), the term "hazardous waste contaminated vehicle"; deleted text begin and
deleted text end

deleted text begin (10) deleted text end new text begin (11) new text end new text begin with respect to a vehicle subject to section 325F.665, the term "lemon law
vehicle"; and
new text end

new text begin (12) new text end any other data the department prescribes.

Sec. 2.

Minnesota Statutes 2006, section 168A.05, subdivision 5, is amended to read:

Subd. 5.

Forms.

(a) The certificate of title shall contain forms:

(1) for assignment and warranty of title by the owner;

(2) for assignment and warranty of title by a dealer;

(3) to apply for a certificate of title by a transferee;

(4) to name a secured party; and

(5) to make the disclosure required by section 325F.6641.

(b) The certificate of title must also include a separate detachable deleted text begin postcard deleted text end new text begin form new text end
entitled "Notice of Sale" that contains, but is not limited to, the vehicle's title number and
vehicle identification number. The deleted text begin postcard deleted text end new text begin form new text end must include sufficient space for the
owner to record the purchaser's name, address, and driver's license number, if any, and
the date of sale. The notice of sale must include clear instructions regarding the owner's
responsibility to complete and return the form, or to transmit the required information
electronically in a form acceptable to the commissioner, pursuant to section 168A.10,
subdivision 1.

Sec. 3.

Minnesota Statutes 2006, section 168A.10, subdivision 1, is amended to read:

Subdivision 1.

Assignment and warranty of title; mileage; notice of sale.

If an
owner transfers interest in a vehicle other than by the creation of a security interest, the
owner shall at the time of the delivery of the vehicle execute an assignment and warranty
of title to the transferee and shall state the actual selling price in the space provided on
the certificate. Within ten days of the date of sale, other than a sale by or to a licensed
motor vehicle dealer, the owner shall: (1) complete, detach, and return to the department
the deleted text begin postcard deleted text end new text begin form new text end on the certificate entitled "Notice of Sale," if one is provided, including
the transferee's name, address, and driver's license number, if any, and the date of sale; or
(2) transmit this information electronically in a form acceptable to the commissioner. With
respect to motor vehicles subject to the provisions of section 325E.15, the transferor shall
also, in the space provided therefor on the certificate, state the true cumulative mileage
registered on the odometer or that the actual mileage is unknown if the odometer reading
is known by the transferor to be different from the true mileage. The transferor shall cause
the certificate and assignment to be delivered to the transferee immediately.

Sec. 4.

Minnesota Statutes 2006, section 168A.101, is amended to read:

168A.101 CANCELLATION OF MOTOR VEHICLE SALE.

Subdivision 1.

Required documentation.

If the parties cancel a purchase of a
motor vehicle after the transfer of interest, they must submit within 90 days of the original
purchase date the following items:

(1) deleted text begin the outstanding certificate of title with proper assignment; and deleted text end new text begin a written claim
for refund;
new text end

(2) an affidavit correcting ownership signed by the parties deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the outstanding certificate of title, if available, with proper assignment.
new text end

Subd. 2.

Refunds.

A party may be eligible for a refund of taxes deleted text begin and fees deleted text end new text begin paid
pursuant to chapter 297B new text end only if the items indicated in subdivision 1 are submitted within
the 90-day time frame unless otherwise provided by law. new text begin No other taxes or fees paid may
be refunded due to the cancellation of a motor vehicle sale.
new text end

Sec. 5.

Minnesota Statutes 2006, 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.

Sec. 6.

Minnesota Statutes 2006, section 325F.665, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Title branding. new text end

new text begin (a) Upon transfer and application for title of all vehicles
subject to this section, the registrar of motor vehicles shall record the term "lemon law
vehicle" on the certificate of title and all subsequent certificates of title for that vehicle.
new text end

new text begin (b) For vehicles with out-of-state titles that bear the term "lemon law vehicle," or
any similar term, the registrar of motor vehicles shall record the term "lemon law vehicle"
on the first Minnesota certificate of title and all subsequent Minnesota certificates of
title issued for that vehicle.
new text end

new text begin (c) The designation of "lemon law vehicle" on a certificate of title must be made by
the registrar of motor vehicles in a clear and conspicuous manner, in a color different from
all other writing on the certificate of title.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 168A.05, subdivision 5a; and 325E.0951,
subdivision 3a, new text end new text begin are repealed.
new text end