HF 242

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; making technical change to 
  1.3             clarify that pickup truck with slip in camper may be 
  1.4             registered depending upon its weight; restricting 
  1.5             telephonic access to certain information related to 
  1.6             vehicle registration; allowing vehicle dealers 21 days 
  1.7             to send purchase receipt to department of public 
  1.8             safety if vehicle not sold; providing for display of 
  1.9             fleet vehicle license plates; providing for driver's 
  1.10            license agents; amending Minnesota Statutes 1996, 
  1.11            sections 168.011, subdivision 25; 168.345, subdivision 
  1.12            1; 168A.11, subdivision 2; 169.79; 171.06, subdivision 
  1.13            4; 373.33; and 373.35, subdivision 1; proposing coding 
  1.14            for new law in Minnesota Statutes, chapter 171; 
  1.15            repealing Minnesota Statutes 1996, section 171.06, 
  1.16            subdivision 4. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1996, section 168.011, 
  1.19  subdivision 25, is amended to read: 
  1.20     Subd. 25.  [RECREATIONAL EQUIPMENT.] (a) "Recreational 
  1.21  equipment" means travel trailers including those which telescope 
  1.22  or fold down, chassis mounted campers, house cars, motor homes, 
  1.23  tent trailers, slip in campers, and converted buses that provide 
  1.24  temporary human living quarters.  A vehicle is considered to 
  1.25  provide temporary living quarters if it:  
  1.26     (1) is not used as the residence of the owner or occupant; 
  1.27     (2) is used for temporary living quarters by the owner or 
  1.28  occupant while engaged in recreational or vacation activities; 
  1.29  and 
  1.30     (3) is self-propelled or towed on the public streets or 
  1.31  highways incidental to the recreational or vacation activities. 
  2.1      (b) For the purposes of this subdivision, a motor home 
  2.2   means a unit designed to provide temporary living quarters, 
  2.3   built into as an integral part of, or permanently attached to, a 
  2.4   self-propelled motor vehicle chassis or van.  A motor home must 
  2.5   contain permanently installed independent life support systems 
  2.6   which meet the American National Standards Institute standard 
  2.7   number A119.2 for recreational vehicles and provide at least 
  2.8   four of the following facilities, two of which must be from the 
  2.9   systems listed in clauses (1), (5), and (6):  (1) cooking 
  2.10  facility with liquid propane gas supply, (2) refrigerator, (3) 
  2.11  self-contained toilet or a toilet connected to a plumbing system 
  2.12  with connection for external water disposal, (4) heating or air 
  2.13  conditioning separate from the vehicle engine, (5) a potable 
  2.14  water supply system including a sink with faucet either 
  2.15  self-contained or with connections for an external source, and 
  2.16  (6) separate 110-125 volt electrical power supply.  For purposes 
  2.17  of this subdivision, "permanently installed" means built into or 
  2.18  attached as an integral part of a chassis or van, and designed 
  2.19  not to be removed except for repair or replacement.  A system 
  2.20  which is readily removable or held in place by clamps or tie 
  2.21  downs is not permanently installed.  
  2.22     (c) Motor homes include but are not limited to, the 
  2.23  following:  
  2.24     (1) Type A Motor Home -- a raw chassis upon which is built 
  2.25  a driver's compartment and an entire body that provides 
  2.26  temporary living quarters as defined in this paragraph; 
  2.27     (2) Type B Motor Home -- a van-type vehicle that conforms 
  2.28  to the motor home definition in this paragraph and has been 
  2.29  completed or altered by the final stage manufacturer; and 
  2.30     (3) Type C Motor Home -- an incomplete vehicle upon which 
  2.31  is permanently attached a body designed to provide temporary 
  2.32  living quarters as defined in this paragraph.  
  2.33     (c) (d) Slip in campers are mounted into a vehicle commonly 
  2.34  known as a pickup truck, in the pickup box, either by bolting 
  2.35  through the floor of the pickup box or by firmly clamping to the 
  2.36  side of the pickup box.  The vehicle must may not be registered 
  3.1   as a passenger automobile recreational vehicle. 
  3.2      Sec. 2.  Minnesota Statutes 1996, section 168.345, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [TELEPHONE INFORMATION.] Information 
  3.5   concerning motor vehicle registrations shall not be furnished on 
  3.6   the telephone to any person except the personnel of law 
  3.7   enforcement agencies and the personnel of federal, state, and 
  3.8   local governmental units motor vehicle and registration offices. 
  3.9      Sec. 3.  Minnesota Statutes 1996, section 168A.11, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [PURCHASE RECEIPT.] A dealer, on buying a vehicle 
  3.12  which is subject to an outstanding for which the owner does not 
  3.13  present a certificate of title, shall at the time of taking 
  3.14  delivery of the vehicle execute in triplicate a purchase receipt 
  3.15  for the vehicle in a form designated by the department, and 
  3.16  deliver one copy to the seller.  Within 48 hours thereafter When 
  3.17  a vehicle purchased by a dealer has not been resold after 21 
  3.18  days, the dealer shall mail, transmit, or deliver one copy 
  3.19  of such the receipt to the department. 
  3.20     Sec. 4.  Minnesota Statutes 1996, section 169.79, is 
  3.21  amended to read: 
  3.22     169.79 [VEHICLE REGISTRATION.] 
  3.23     No person shall operate, drive or park a motor vehicle on 
  3.24  any highway unless the vehicle is registered in accordance with 
  3.25  the laws of this state and has the number plates for the current 
  3.26  year only, except as provided in section 168.12, subdivision 2f, 
  3.27  as assigned to it by the commissioner of public safety, 
  3.28  conspicuously displayed thereon in a manner that the view of any 
  3.29  plate is not obstructed.  If the vehicle is a semitrailer, the 
  3.30  number plate displayed must be assigned to the registered owner 
  3.31  and correlate to the certificate of title documentation on file 
  3.32  with the department and shall not display a year indicator.  If 
  3.33  the vehicle is a motorcycle, motor scooter, motorized bicycle, 
  3.34  motorcycle sidecar, trailer, semitrailer, or vehicle displaying 
  3.35  a dealer plate, one plate shall be displayed on the rear 
  3.36  thereof; if the vehicle is a truck-tractor, road-tractor or farm 
  4.1   truck, as defined in section 168.011, subdivision 17, but 
  4.2   excluding from that definition semitrailers and trailers, one 
  4.3   plate shall be displayed on the front thereof; if it is any 
  4.4   other kind of motor vehicle, one plate shall be displayed on the 
  4.5   front and one on the rear thereof.  All plates shall be securely 
  4.6   fastened so as to prevent them from swinging.  The person 
  4.7   driving the motor vehicle shall keep the plate legible and 
  4.8   unobstructed and free from grease, dust, or other blurring 
  4.9   material so that the lettering shall be plainly visible at all 
  4.10  times.  It is unlawful to cover any assigned letters and numbers 
  4.11  or the name of the state of origin of a license plate with any 
  4.12  material whatever, including any clear or colorless material 
  4.13  that affects the plate's visibility or reflectivity.  License 
  4.14  plates issued to vehicles registered under section 168.017 must 
  4.15  display the month of expiration in the lower left corner as 
  4.16  viewed facing the plate and the year of expiration in the lower 
  4.17  right corner as viewed facing the plate.  License plates issued 
  4.18  to vehicles registered under section 168.127 must display either 
  4.19  fleet registration validation stickers in the lower right corner 
  4.20  as viewed facing the plates or distinctive license plates, 
  4.21  issued by the registrar, with "FLEET REG" embossed on the bottom 
  4.22  center portion of the plate. 
  4.23     Sec. 5.  Minnesota Statutes 1996, section 171.06, 
  4.24  subdivision 4, is amended to read: 
  4.25     Subd. 4.  [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.] 
  4.26  Any applicant for an instruction permit, a driver's license, 
  4.27  restricted license, or duplicate license may file an application 
  4.28  with a court administrator of the district court or at a state 
  4.29  office.  The administrator or state office shall receive and 
  4.30  accept the application.  To cover all expenses involved in 
  4.31  receiving, accepting, or forwarding to the department 
  4.32  applications and fees, the court administrator of the district 
  4.33  court may retain a county fee of $3.50 for each application for 
  4.34  a Minnesota identification card, instruction permit, duplicate 
  4.35  license, driver license, or restricted license.  The amount 
  4.36  allowed to be retained by the court administrator of the 
  5.1   district court shall be paid into the county treasury and 
  5.2   credited to the general revenue fund of the county.  Before the 
  5.3   end of the first working day following the final day of an 
  5.4   established reporting period, the court administrator shall 
  5.5   forward to the department all applications and fees collected 
  5.6   during the reporting period, less the amount herein allowed to 
  5.7   be retained for expenses.  The court administrators of the 
  5.8   district courts may appoint agents to assist in accepting 
  5.9   applications, but the administrators shall require every agent 
  5.10  to forward to the administrators by whom the agent is appointed 
  5.11  all applications accepted and fees collected by the agent, 
  5.12  except that an agent shall retain the county fee to cover the 
  5.13  agent's expenses involved in receiving, accepting or forwarding 
  5.14  the applications and fees.  The court administrators shall be 
  5.15  responsible for the acts of agents appointed by them and for the 
  5.16  forwarding to the department of all applications accepted and 
  5.17  those fees collected by agents and by themselves as are required 
  5.18  to be forwarded to the department.  The commissioner shall 
  5.19  suspend or revoke the appointment of a license agent or issue a 
  5.20  correction order to a license agent who violates any requirement 
  5.21  of this section or when grounds exist that would justify 
  5.22  revocation or suspension of a deputy registrar appointment under 
  5.23  Minnesota Rules, parts 7406.0800 to 7406.1000.  To revoke or 
  5.24  suspend an appointment, the commissioner shall follow procedures 
  5.25  for suspension and revocation hearings set forth in Minnesota 
  5.26  Rules, parts 7406.1100 to 7406.2600. 
  5.27     Sec. 6.  [171.061] [DRIVER'S LICENSE AGENTS.] 
  5.28     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  5.29     (1) "applicant" means an individual applying for a driver's 
  5.30  license, restricted license, duplicate license, instruction 
  5.31  permit, Minnesota identification card, or motorized bicycle 
  5.32  operator's permit; and 
  5.33     (2) "application" refers to an application for a driver's 
  5.34  license, restricted license, duplicate license, instruction 
  5.35  permit, Minnesota identification card, or motorized bicycle 
  5.36  operator's permit. 
  6.1      Subd. 2.  [APPOINTMENT AND DISCONTINUANCE.] (a) The 
  6.2   commissioner of public safety may appoint an individual, and for 
  6.3   cause discontinue the appointment of an agent, to serve as a 
  6.4   driver's license agent. 
  6.5      (b) A county board may appoint an individual, and for cause 
  6.6   discontinue the appointment of an agent, to serve as an agent, 
  6.7   pursuant to sections 373.32 to 373.38, with the approval of the 
  6.8   commissioner.  If a county board does not discontinue an agent's 
  6.9   appointment, although cause for discontinuance exists, the 
  6.10  commissioner may discontinue the appointment.  If a county board 
  6.11  does not appoint an individual, the commissioner may establish 
  6.12  an office and appoint an individual to accept applications as 
  6.13  the public interest and convenience may require. 
  6.14     (c) The county board is responsible for the acts of an 
  6.15  agent appointed by the board and for forwarding to the 
  6.16  department all applications accepted and fees collected by the 
  6.17  agent as required by the department. 
  6.18     Subd. 3.  [APPLICATIONS.] An applicant may file an 
  6.19  application with an agent.  The agent shall receive and accept 
  6.20  applications in accordance with the laws and rules of the 
  6.21  department of public safety for a driver's license, restricted 
  6.22  license, duplicate license, instruction permit, Minnesota 
  6.23  identification card, or motorized bicycle operator's permit. 
  6.24     Subd. 4.  [FEE; EQUIPMENT.] (a) The agent may charge and 
  6.25  retain a filing fee of $3.50 for each application.  Except as 
  6.26  provided in paragraph (b), the fee shall cover all expenses 
  6.27  involved in receiving, accepting, or forwarding to the 
  6.28  department the applications and fees required under sections 
  6.29  171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 
  6.30  171.07, subdivisions 3 and 3a. 
  6.31     (b) An agent with photo identification equipment provided 
  6.32  by the department before January 1, 1999, may retain the photo 
  6.33  identification equipment until the agent's appointment 
  6.34  terminates.  The department shall maintain the photo 
  6.35  identification equipment for these agents.  An agent appointed 
  6.36  before January 1, 1999, who does not have photo identification 
  7.1   equipment provided by the department, and any new agent 
  7.2   appointed after December 31, 1998, shall procure and maintain 
  7.3   photo identification equipment.  All photo identification 
  7.4   equipment must be compatible with standards established by the 
  7.5   department. 
  7.6      (c) A filing fee retained by the agent employed by a county 
  7.7   board must be paid into the county treasury and credited to the 
  7.8   general revenue fund of the county.  An agent who is not an 
  7.9   employee of the county shall retain the filing fee in lieu of 
  7.10  county employment or salary and is considered an independent 
  7.11  contractor for pension purposes, coverage under the Minnesota 
  7.12  state retirement system, or membership in the public employees 
  7.13  retirement association. 
  7.14     (d) Before the end of the first working day following the 
  7.15  final day of the reporting period established by the department, 
  7.16  the agent must forward to the department all applications and 
  7.17  fees collected during the reporting period except as provided in 
  7.18  paragraph (c). 
  7.19     Subd. 5.  [DISCONTINUANCE OR TRANSFER OF APPOINTMENT.] (a) 
  7.20  An agent shall notify the department no less than 30 days before 
  7.21  the discontinuance of service. 
  7.22     (b) In the event of the notice specified in paragraph (a), 
  7.23  death or retirement of the agent, or revocation or 
  7.24  discontinuance of the appointment of the agent by the county 
  7.25  board or commissioner, the appointment terminates and all 
  7.26  equipment provided by the department reverts to the department. 
  7.27     Subd. 6.  [RULES.] The commissioner shall adopt rules that 
  7.28  prescribe: 
  7.29     (1) criteria, procedures, and requirements for appointing 
  7.30  an individual as an agent of the commissioner; 
  7.31     (2) criteria for establishment, operation, management, 
  7.32  location, and movement of a license application office; 
  7.33     (3) standards for the uniform administration of laws and 
  7.34  rules governing the receipt of applications and fees for 
  7.35  applications; 
  7.36     (4) number of applications to be processed; 
  8.1      (5) standards for submitting applications including valid 
  8.2   forms of identification, depositing funds, maintaining records, 
  8.3   and holding proper bonds; and 
  8.4      (6) standards for discontinuing the individual's 
  8.5   appointment and for enforcement action. 
  8.6      Subd. 7.  [CORPORATIONS.] The appointment of any 
  8.7   corporation as a driver's license agent expires January 1, 
  8.8   2009.  A county board shall appoint, or the commissioner shall 
  8.9   appoint if the county board declines to do so, an individual as 
  8.10  successor to the corporation as a driver's license agent.  The 
  8.11  county board or commissioner shall appoint as the successor 
  8.12  agent to a corporation whose appointment expires under this 
  8.13  subdivision an officer of the corporation if the officer applies 
  8.14  for appointment before July 1, 2009. 
  8.15     Sec. 7.  Minnesota Statutes 1996, section 373.33, is 
  8.16  amended to read: 
  8.17     373.33 [STATE LICENSES MAY BE ISSUED.] 
  8.18     A county license bureau may issue, process or assist in 
  8.19  preparing an application for any license or permit issued by the 
  8.20  state or a state official including but not limited to game and 
  8.21  fish, trapping, wild rice harvest, motor vehicle, manufactured 
  8.22  home, trailer, snowmobile, watercraft or drivers license or as 
  8.23  many of the licenses as designated by the county board.  The 
  8.24  processing of driver's license applications by a county license 
  8.25  bureau is subject to the provisions of section 171.061.  This 
  8.26  authority does not include the issuance of marriage licenses.  
  8.27  The county board may delegate the responsibility for the 
  8.28  issuance of any county license or permit to the county license 
  8.29  bureau. 
  8.30     Sec. 8.  Minnesota Statutes 1996, section 373.35, 
  8.31  subdivision 1, is amended to read: 
  8.32     Subdivision 1.  [AUDITOR OR BOARD APPOINTEE.] The county 
  8.33  auditor shall serve as the director of the county license bureau 
  8.34  or, if the auditor chooses not to serve, the county board shall 
  8.35  appoint any other county officer or employee, or any other 
  8.36  person, to serve as the director upon the terms and conditions 
  9.1   the county board deems advisable.  The county board shall set 
  9.2   the compensation of the director and may provide for the 
  9.3   expenses of the office including the premium of any bond 
  9.4   required to be furnished by the director.  The director shall 
  9.5   have the powers and duties imposed on the county officer who 
  9.6   previously had the authority to issue or process the application 
  9.7   for any license referred to in section 373.32. 
  9.8      Notwithstanding section 168.33, subdivision 2, the 
  9.9   commissioner of public safety may appoint, and for cause 
  9.10  discontinue, the director as the deputy registrar of motor 
  9.11  vehicles in the county.  If the director is a deputy registrar, 
  9.12  all provisions of section 168.33 and Minnesota Rules, chapter 
  9.13  7406, apply to a county license bureau.  If the director is a 
  9.14  driver's license agent, section 171.061 and rules promulgated 
  9.15  thereunder apply to the county license bureau director. 
  9.16     Sec. 9.  [REAPPOINTMENT OF DRIVER'S LICENSE AGENTS.] 
  9.17     The appointment of a driver's license agent appointed 
  9.18  before January 1, 1999, expires on January 1, 1999, unless the 
  9.19  agent applies to the commissioner before that date for 
  9.20  reappointment to serve as an agent under Minnesota Statutes, 
  9.21  section 171.061, subdivision 2, paragraph (a) or (c).  The 
  9.22  commissioner shall reappoint any agent who applies under this 
  9.23  section unless the commissioner determines that the applicant's 
  9.24  performance as a driver's license agent would be grounds for 
  9.25  discontinuance as an agent under the rules adopted under 
  9.26  Minnesota Statutes, section 171.061, subdivision 6, clause (6). 
  9.27     Sec. 10.  [TRANSITION.] 
  9.28     The court administrators of the district courts may not 
  9.29  appoint an agent before January 1, 1999, under Minnesota 
  9.30  Statutes, section 171.06, other than an agent appointed to 
  9.31  replace or succeed an already existing agent.  
  9.32     Sec. 11.  [REPEALER.] 
  9.33     Minnesota Statutes 1996, section 171.06, subdivision 4, is 
  9.34  repealed. 
  9.35     Sec. 12.  [EFFECTIVE DATE.] 
  9.36     Sections 5; 6, subdivisions 5 and 6; 7; 8; and 10, are 
 10.1   effective the day following final enactment.  Sections 6, 
 10.2   subdivisions 1 to 4; and 11, are effective January 1, 1999.