HF 1463

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; new motor vehicle 
  1.3             warranties; clarifying the limitation on actions after 
  1.4             informal dispute settlement mechanism decisions; 
  1.5             amending Minnesota Statutes 1994, section 325F.665, 
  1.6             subdivisions 7 and 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 325F.665, 
  1.9   subdivision 7, is amended to read: 
  1.10     Subd. 7.  [EFFECT AND ADMISSIBILITY OF DECISION BY INFORMAL 
  1.11  DISPUTE SETTLEMENT MECHANISM.] The decision issued in an 
  1.12  informal dispute settlement mechanism required by this section 
  1.13  is nonbinding on the parties involved, unless otherwise agreed 
  1.14  by the parties.  Any party, upon application, may remove the 
  1.15  decision to district court for a trial de novo.  If the consumer 
  1.16  prevails in the informal dispute settlement mechanism, and if an 
  1.17  application to remove a decision is not filed in the district 
  1.18  court within 30 days after the date the decision is received by 
  1.19  the parties, then the district court shall, upon application of 
  1.20  a party, issue an order confirming the decision.  A written 
  1.21  decision issued by an informal dispute settlement mechanism, and 
  1.22  any written findings upon which the decision is based, are 
  1.23  admissible as nonbinding evidence in any subsequent legal action 
  1.24  and are not subject to further foundation requirements.  
  1.25     Sec. 2.  Minnesota Statutes 1994, section 325F.665, 
  1.26  subdivision 10, is amended to read: 
  2.1      Subd. 10.  [LIMITATION ON ACTIONS.] A civil action brought 
  2.2   under this section must be commenced within three years of the 
  2.3   date of original delivery of the new motor vehicle to a 
  2.4   consumer; except that, if the consumer applies to an informal 
  2.5   dispute settlement mechanism within three years of the date of 
  2.6   original delivery of a new motor vehicle to a consumer, and if 
  2.7   the consumer does not prevail in the informal dispute settlement 
  2.8   mechanism, then any civil action brought under this section must 
  2.9   be commenced within six months after the date of the final 
  2.10  decision by the mechanism. 
  2.11     Sec. 3.  [EFFECTIVE DATE; APPLICABILITY.] 
  2.12     Sections 1 and 2 are effective the day following final 
  2.13  enactment and apply to decisions issued by informal dispute 
  2.14  settlement mechanisms on or after that date.