HF 1209

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 05/04/2010 05:55pm

A bill for an act
relating to motor vehicles; removing expiration date relating to corporate
deputy registrars; providing for new location in Burnsville for deputy registrar;
amending Minnesota Statutes 2008, section 168.33, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 383D.

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

Section 1.

Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:

Subd. 2.

Deputy registrars.

(a) The commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule charter city as the public
interest and convenience may require, without regard to whether the county auditor of
the county in which the city is situated has been appointed as the deputy registrar for the
county or has been discontinued as the deputy registrar for the county, and without regard
to whether the county in which the city is situated has established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.

(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
for any statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
or if the county in which the city is situated has not established a county license bureau
that issues motor vehicle licenses as provided in section 373.32. The individual appointed
by the commissioner as a deputy registrar for any statutory or home rule charter city must
be a resident of the county in which the city is situated.

(c) The commissioner may appoint, and for cause discontinue, the county auditor of
each county as a deputy registrar.

(d) Despite any other provision, a person other than a county auditor or a director
of a county license bureau, who was appointed by the registrar before August 1, 1976,
as a deputy registrar for any statutory or home rule charter city, may continue to serve
as deputy registrar and may be discontinued for cause only by the commissioner. The
county auditor who appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.

(e) Each deputy, before entering upon the discharge of duties, shall take and
subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.

(f) If a deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in addition give bond to
the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
conditioned upon the faithful discharge of duties as deputy registrar.

(g) deleted text begin Until January 1, 2012, deleted text end A corporation governed by chapter 302A new text begin or 317A new text end
may be appointed a deputy registrar. Upon application by an individual serving as a
deputy registrar and the giving of the requisite bond as provided in this subdivision,
personally assured by the individual or another individual approved by the commissioner,
a corporation named in an application then becomes the duly appointed and qualified
successor to the deputy registrar. deleted text begin The appointment of any corporation as a deputy registrar
expires January 1, 2012. The commissioner shall appoint an individual as successor to
the corporation as a deputy registrar. The commissioner shall appoint as the successor
agent to a corporation whose appointment expires under this paragraph an officer of the
corporation if the officer applies for appointment before July 1, 2012.
deleted text end

(h) Each deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles and the
collection of taxes and fees on vehicles.

(i) The deputy registrar shall keep records and make reports to the commissioner as
the commissioner requires. The records must be maintained at the offices of the deputy
registrar. The records and offices of the deputy registrar must at all times be open to the
inspection of the commissioner or the commissioner's agents. The deputy registrar shall
report to the commissioner by the next working day following receipt all registrations
made and taxes and fees collected by the deputy registrar.

(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
but the registration tax and any additional fees for delayed registration the deputy registrar
has collected the deputy registrar shall deposit by the next working day following receipt
in an approved state depository to the credit of the state through the commissioner of
deleted text begin finance deleted text end new text begin management and budget new text end . The place for which the deputy registrar is appointed
through its governing body must provide the deputy registrar with facilities and personnel
to carry out the duties imposed by this subdivision if the deputy is a public official. In all
other cases, the deputy shall maintain a suitable facility for serving the public.

Sec. 2.

new text begin [383D.75] NEW LOCATION FOR DEPUTY REGISTRAR.
new text end

new text begin Notwithstanding section 168.33, and rules adopted by the commissioner of public
safety, limiting sites for the office of deputy registrar based on either the distance to an
existing deputy registrar office or the annual volume of transactions processed by any
deputy registrar, the commissioner of public safety shall permit the deputy registrar of
motor vehicles agent number 128 and driver's license agent number 726 for Dakota County
to move from the existing deputy registrar location in Burnsville to the Dakota County
Burnhaven Library in Burnsville, with full authority to function as a registration and
motor vehicle tax collection and driver's license bureau, at the Dakota County Burnhaven
Library. All other provisions regarding the appointment and operation of a deputy
registrar of motor vehicles and driver's license agent under sections 168.33 and 171.061,
and Minnesota Rules, chapter 7406, not inconsistent with this section, apply to the office.
new text end

Sec. 3. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end

new text begin Section 2 is effective the day after the governing body of the county of Dakota and
its chief clerical officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end