HF 684

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying certain
temporary permit provisions for recreational vehicles;
allowing refunds for certain registrations, licenses,
and titles; extending availability of critical habitat
license plates; amending Minnesota Statutes 2004,
sections 84.027, subdivision 15; 84.788, subdivision
3, by adding a subdivision; 84.798, by adding a
subdivision; 84.82, subdivision 2, by adding a
subdivision; 84.922, subdivision 2, by adding a
subdivision; 86B.415, by adding a subdivision;
168.1296, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 84.027,
subdivision 15, is amended to read:

Subd. 15.

Electronic transactions.

(a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by
telephone. Notwithstanding section 97A.472, electronic and
telephone transactions may be made outside of the state. The
commissioner may:

(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;

(2) assign deleted text begin a license deleted text end new text begin an new text end identification number to an
applicant who purchases a hunting or fishing license new text begin or
recreational vehicle registration new text end by electronic means, to serve
as temporary authorization to engage in the deleted text begin licensed deleted text end activity
new text begin requiring a license or registration new text end until the license new text begin or
registration new text end is received or expires;

(3) charge and permit agents to charge a fee of individuals
who make electronic transactions and transactions by telephone,
including the issuing fee under section 97A.485, subdivision 6,
and an additional transaction fee not to exceed $3.50;

(4) collect issuing or filing fees as provided under
sections 84.788, subdivision 3, paragraph (e); 84.798,
subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
deleted text begin (d) deleted text end new text begin (e) new text end ; 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
97A.485, subdivision 6, and collect an electronic licensing
system commission on sales of licenses as provided under
sections 85.43, paragraph (b), and 97A.485, subdivision 7; and

(5) adopt rules to administer the provisions of this
subdivision.

(b) Establishment of the transaction fee under paragraph
(a), clause (3), is not subject to the rulemaking procedures of
chapter 14 and section 14.386 does not apply.

(c) Money received from fees and commissions collected
under this subdivision, including interest earned, is annually
appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing.

Sec. 2.

Minnesota Statutes 2004, section 84.788,
subdivision 3, is amended to read:

Subd. 3.

Application; issuance; reports.

(a) Application
for registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
in a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle.

(b) A person who purchases from a retail dealer an
off-highway motorcycle shall make application for registration
to the dealer at the point of sale. The dealer shall issue a
new text begin dealer new text end temporary ten-day registration permit to each purchaser
who applies to the dealer for registration. The dealer shall
submit the completed registration applications and fees to the
deputy registrar at least once each week. No fee may be charged
by a dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, deleted text begin a 60-day temporary receipt
and shall assign a deleted text end new text begin an assigned new text end registration number deleted text begin that deleted text end new text begin or a
commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number new text end must be affixed to the
motorcycle deleted text begin in a manner prescribed by the commissioner deleted text end new text begin according
to paragraph (f) new text end . A dealer subject to paragraph (b) shall
provide the registration materials deleted text begin and deleted text end new text begin or new text end temporary deleted text begin receipt
deleted text end new text begin permit new text end to the purchaser within the ten-day temporary permit
period.

(d) The commissioner shall develop a registration system to
register vehicles under this section. A deputy registrar of
motor vehicles acting under section 168.33, is also a deputy
registrar of off-highway motorcycles. The commissioner of
natural resources in agreement with the commissioner of public
safety may prescribe the accounting and procedural requirements
necessary to ensure efficient handling of registrations and
registration fees. Deputy registrars shall strictly comply with
the accounting and procedural requirements.

(e) In addition to other fees prescribed by law, a filing
fee of $4.50 is charged for each off-highway motorcycle
registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged
for each off-highway motorcycle registration and registration
transfer issued by:

(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or

(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.

new text begin (f) Unless exempted under paragraph (g), the owner of an
off-highway motorcycle must display a registration decal issued
by the commissioner. If the motorcycle is licensed as a motor
vehicle, a registration decal must be affixed on the upper left
corner of the rear license plate. If the motorcycle is not
licensed as a motor vehicle, the decal must be attached on the
side of the motorcycle and may be attached to the fork tube.
The decal must be attached so that it is visible while a rider
is on the motorcycle. The issued decals must be of a size to
work within the constraints of the electronic licensing system,
not to exceed three inches high and three inches wide.
new text end

new text begin (g) Display of a registration decal is not required for an
off-highway motorcycle while being operated on private property
or while competing in a closed-course competition event.
new text end

Sec. 3.

Minnesota Statutes 2004, section 84.788, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 3, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and:
new text end

new text begin (1) the off-highway motorcycle was registered incorrectly
by the commissioner or the deputy registrar; or
new text end

new text begin (2) the off-highway motorcycle was registered twice, once
by the dealer and once by the customer.
new text end

Sec. 4.

Minnesota Statutes 2004, section 84.798, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 3, paragraph (b), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and the vehicle
was registered incorrectly by the commissioner or the deputy
registrar.
new text end

Sec. 5.

Minnesota Statutes 2004, section 84.82,
subdivision 2, is amended to read:

Subd. 2.

Application, issuance, reports, additional fee.

(a) Application for registration or reregistration shall be made
to the commissioner or an authorized deputy registrar of motor
vehicles in a format prescribed by the commissioner and shall
state the legal name and address of every owner of the
snowmobile.

(b) A person who purchases a snowmobile from a retail
dealer shall make application for registration to the dealer at
the point of sale. The dealer shall issue a new text begin dealer new text end temporary
new text begin ten-day new text end registration permit to each purchaser who applies to the
dealer for registration. deleted text begin The temporary registration is valid
for 60 days from the date of issue. deleted text end Each retail dealer shall
submit completed registration and fees to the deputy registrar
at least once a week. new text begin No fee may be charged by a dealer to a
purchaser for providing the temporary permit.
new text end

new text begin (c) new text end Upon receipt of the application and the appropriate fee
as hereinafter provided, deleted text begin such snowmobile shall be registered and
a deleted text end new text begin the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, an assigned new text end registration
number deleted text begin assigned which shall deleted text end new text begin or a commissioner or deputy
registrar temporary ten-day permit. Once issued, the
registration number must new text end be affixed to the snowmobile in a
clearly visible and permanent manner for enforcement purposes as
the commissioner of natural resources shall prescribe. new text begin A dealer
subject to paragraph (b) shall provide the registration
materials or temporary permit to the purchaser within the
temporary ten-day permit period. new text end The registration is not valid
unless signed by at least one owner.

deleted text begin (c) deleted text end new text begin (d) new text end Each deputy registrar of motor vehicles acting
pursuant to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting
and procedural requirements.

deleted text begin (d) deleted text end new text begin (e) new text end A fee of $2 in addition to that otherwise
prescribed by law shall be charged for:

(1) each snowmobile registered by the registrar or a deputy
registrar and the additional fee shall be disposed of in the
manner provided in section 168.33, subdivision 2; or

(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account in the
natural resources fund.

Sec. 6.

Minnesota Statutes 2004, section 84.82, is amended
by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 2, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and:
new text end

new text begin (1) the snowmobile was registered incorrectly by the
commissioner or the deputy registrar; or
new text end

new text begin (2) the snowmobile was registered twice, once by the dealer
and once by the customer.
new text end

Sec. 7.

Minnesota Statutes 2004, section 84.922,
subdivision 2, is amended to read:

Subd. 2.

Application, issuance, reports.

(a) Application
for registration or continued registration shall be made to the
commissioner deleted text begin of natural resources, the commissioner of public
safety deleted text end or an authorized deputy registrar of motor vehicles in a
form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle.

(b) A person who purchases an all-terrain vehicle from a
retail dealer shall make application for registration to the
dealer at the point of sale. The dealer shall issue a new text begin dealer
new text end temporary ten-day registration permit to each purchaser who
applies to the dealer for registration. The dealer shall submit
the completed registration application and fees to the deputy
registrar at least once each week. No fee may be charged by a
dealer to a purchaser for providing the temporary permit.

(c) Upon receipt of the application and the appropriate
fee, the commissioner or deputy registrar shall issue to the
applicant, or provide to the dealer, deleted text begin a 60-day temporary receipt
and shall assign a deleted text end new text begin an assigned new text end registration number deleted text begin that deleted text end new text begin or a
commissioner or deputy registrar temporary ten-day permit. Once
issued, the registration number new text end must be affixed to the vehicle
in a manner prescribed by the commissioner. A dealer subject to
paragraph (b) shall provide the registration materials deleted text begin and deleted text end new text begin or
new text end temporary deleted text begin receipt deleted text end new text begin permit new text end to the purchaser within the ten-day
temporary permit period. The commissioner shall use the
snowmobile registration system to register vehicles under this
section.

(d) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.

(e) In addition to other fees prescribed by law, a filing
fee of $4.50 is charged for each all-terrain vehicle
registration renewal, duplicate or replacement registration
card, and replacement decal and a filing fee of $7 is charged
for each all-terrain vehicle registration and registration
transfer issued by:

(1) a deputy registrar and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or

(2) the commissioner and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.

Sec. 8.

Minnesota Statutes 2004, section 84.922, is
amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a registration, not including any issuing fees paid under
subdivision 2, paragraph (e), or section 84.027, subdivision 15,
paragraph (a), clause (3), if the refund request is received
within 12 months of the original registration and:
new text end

new text begin (1) the vehicle was registered incorrectly by the
commissioner or the deputy registrar; or
new text end

new text begin (2) the vehicle was registered twice, once by the dealer
and once by the customer.
new text end

Sec. 9.

Minnesota Statutes 2004, section 86B.415, is
amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Refunds. new text end

new text begin The commissioner may issue a refund
on a license or title, not including any issuing fees paid under
subdivision 8 or section 84.027, subdivision 15, paragraph (a),
clause (3), or 86B.870, subdivision 1, paragraph (b), if the
refund request is received within 12 months of the original
license or title and:
new text end

new text begin (1) the watercraft was licensed or titled incorrectly by
the commissioner or the deputy registrar;
new text end

new text begin (2) the customer was incorrectly charged a title fee; or
new text end

new text begin (3) the watercraft was licensed or titled twice, once by
the dealer and once by the customer.
new text end

Sec. 10.

Minnesota Statutes 2004, section 168.1296,
subdivision 1, is amended to read:

Subdivision 1.

General requirements and procedures.

(a)
The registrar shall issue special critical habitat license
plates to an applicant who:

(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van new text begin or of recreational equipment new text end ;

(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;

(3) pays the registration tax required under section
168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the Minnesota
critical habitat private sector matching account established in
section 84.943; and

(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.

(b) The critical habitat license application form must
clearly indicate that the annual contribution specified under
paragraph (a), clause (5), is a minimum contribution to receive
the license plate and that the applicant may make an additional
contribution to the account.

new text begin (c) Owners of recreational equipment under paragraph (a),
clause (1), are eligible only for special critical habitat
license plates for which the designs are approved by the
commissioner on or after January 1, 2006.
new text end

new text begin (d) Special critical habitat license plates, the designs
for which are approved by the commissioner on or after January
1, 2006, may be personalized according to section 168.12,
subdivision 2a.
new text end