HF 3697

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; exempting certain dealers 
  1.3             in emergency vehicles from motor vehicle dealer 
  1.4             licensing requirements; making clarifying changes; 
  1.5             amending Minnesota Statutes 1998, section 168.27, 
  1.6             subdivision 8. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 168.27, 
  1.9   subdivision 8, is amended to read: 
  1.10     Subd. 8.  [EXEMPTIONS.] (1) (a) Salespeople and other 
  1.11  employees of licensed dealers under this section shall are not 
  1.12  be required to obtain individual licenses. 
  1.13     (2) (b) Isolated or occasional sales or leases of new or 
  1.14  used motor vehicles shall be are exempt from the provisions of 
  1.15  this section.  A person who makes only isolated or occasional 
  1.16  sales or leases is not required to be licensed under this 
  1.17  section, is not considered to be in the business of selling or 
  1.18  leasing motor vehicles, and does not qualify to receive dealer 
  1.19  plates under subdivision 16.  "Isolated or occasional sales or 
  1.20  leases" means:  (i) (1) the sale or lease of a motor vehicle 
  1.21  with an actual cash value of $1,000 or less made by a charitable 
  1.22  organization; (ii) (2) the sale, purchase, or lease of not more 
  1.23  than five motor vehicles in a 12-month period, other than 
  1.24  pioneer or classic motor vehicles as defined in section 168.10, 
  1.25  subdivisions 1a and 1b, or (iii) (3) sales by a licensed 
  1.26  auctioneer selling motor vehicles at an auction if, in the 
  2.1   ordinary course of the auctioneer's business, the sale of motor 
  2.2   vehicles is incidental to the sale of other real or personal 
  2.3   property.  For purposes of this subdivision, a charitable 
  2.4   organization means a nonprofit charitable organization that 
  2.5   qualifies for tax exemption under section 501(c)(3) of the 
  2.6   Internal Revenue Code. 
  2.7      (c) A person whose sales of new and used motor vehicles 
  2.8   consist solely of sales to political subdivisions and their 
  2.9   agencies of vehicles used solely as authorized emergency 
  2.10  vehicles as defined in section 169.01, subdivision 5, is not 
  2.11  required to obtain a license under this section.  The person may 
  2.12  apply for and receive in-transit plates under subdivision 17 in 
  2.13  the same manner as licensed motor vehicle dealers for the 
  2.14  purpose of allowing authorized emergency vehicles to be 
  2.15  transported from the dealer's source of supply or other place of 
  2.16  storage to the dealer's place of business, to another place of 
  2.17  storage, or directly to the purchaser. 
  2.18     Sec. 2.  [EFFECTIVE DATE.] 
  2.19     Section 1 is effective the day following final enactment.