2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/12/2004 | |
1st Engrossment | Posted on 03/01/2004 | |
2nd Engrossment | Posted on 03/24/2004 |
1.1 A bill for an act 1.2 relating to motor vehicles; modifying vehicle 1.3 certificate of title provisions; amending Minnesota 1.4 Statutes 2002, sections 168A.02, subdivision 2; 1.5 168A.11, subdivisions 1, 2, by adding a subdivision. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 168A.02, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [NO VEHICLE REGISTRATION WITHOUT TITLE.] The 1.10 department shall not register or renew the registration of a 1.11 vehicle for which a certificate of title is required unless a 1.12 certificate of title has been issued to the owneror, an 1.13 application therefor has been delivered to and approved by the 1.14 department, or the vehicle has a Minnesota certificate of title 1.15 and is being held for resale by a dealer under section 168A.11. 1.16 Sec. 2. Minnesota Statutes 2002, section 168A.11, 1.17 subdivision 1, is amended to read: 1.18 Subdivision 1. [APPLICATIONREQUIREMENTS UPON SUBSEQUENT 1.19 TRANSFER.] (a)IfA dealer who buys a vehicle and holds it for 1.20 resaleand procures the certificate of title from the owner, and1.21complies with subdivision 2 hereof, the dealerneed not apply 1.22 for a certificate of title, but. Upon transferring the vehicle 1.23 to another person, other than by the creation of a security 1.24 interest, the dealer shall promptly execute the assignment and 1.25 warranty of title by a dealer, showing the names and addresses 2.1 of the transferee and of any secured party holding a security 2.2 interest created or reserved at the time of the resale, and the 2.3 date of the security agreement in the spaces provided therefor 2.4 on the certificate of title or secure reassignment. 2.5 (b) If a dealer elects to apply for a certificate of title 2.6 on a vehicle held for resale, the dealer need not register the 2.7 vehicle but shall pay one month's registration tax. If a dealer 2.8 elects to apply for a certificate of title on a vehicle held for 2.9 resale, the department shall not place any legend on the title 2.10 that no motor vehicle sales tax was paid by the dealer, but may 2.11 indicate on the title whether the vehicle is a new or used 2.12 vehicle. 2.13 (c) With respect to motor vehicles subject to the 2.14 provisions of section 325E.15, the dealer shall also, in the 2.15 space provided therefor on the certificate of title or secure 2.16 reassignment, state the true cumulative mileage registered on 2.17 the odometer or that the exact mileage is unknown if the 2.18 odometer reading is known by the transferor to be different from 2.19 the true mileage. 2.20(c)(d) The transferee shall complete the application for 2.21 title section on the certificate of title or separate title 2.22 application form prescribed by the department. The dealer shall 2.23 mail or deliver the certificate to the registrar or deputy 2.24 registrar with the transferee's application for a new 2.25 certificate and appropriate taxes and fees, within ten business 2.26 days. 2.27 (e) With respect to vehicles sold to buyers who will remove 2.28 the vehicle from this state, the dealer shall remove any license 2.29 plates from the vehicle, issue a 31-day temporary permit 2.30 pursuant to section 168.091, and notify the registrar within 48 2.31 hours of the sale that the vehicle has been removed from this 2.32 state. The notification must be made in an electronic format 2.33 prescribed by the registrar. The dealer may contract with a 2.34 deputy registrar for the notification of sale to an out-of-state 2.35 buyer. The deputy registrar may charge a fee not to exceed $7 2.36 per transaction to provide this service. 3.1 Sec. 3. Minnesota Statutes 2002, section 168A.11, 3.2 subdivision 2, is amended to read: 3.3 Subd. 2. [PURCHASE RECEIPTNOTIFICATION ON VEHICLE HELD 3.4 FOR RESALE.]A dealer, on buying a vehicle for which the seller3.5does not present a certificate of title, shall at the time of3.6taking delivery of the vehicle execute a purchase receipt for3.7the vehicle in a format designated by the department, and3.8deliver a copy to the seller. In a format and at a time3.9prescribed by the registrar, the dealer shall notify the3.10registrar that the vehicle is being held for resale by the3.11dealer.Within 48 hours of acquiring a vehicle titled and 3.12 registered in Minnesota, a dealer shall notify the registrar 3.13 that the dealership is holding the vehicle for resale. The 3.14 notification must be made electronically as prescribed by the 3.15 registrar. The dealer may contract this service to a deputy 3.16 registrar and the registrar may charge a fee not to exceed $7 3.17 per transaction to provide this service. 3.18 Sec. 4. Minnesota Statutes 2002, section 168A.11, is 3.19 amended by adding a subdivision to read: 3.20 Subd. 4. [CENTRALIZED RECORD KEEPING.] Two or more motor 3.21 vehicle dealers under common management or control may designate 3.22 to the department in writing a single location for maintaining 3.23 the records required by this section that are more than 12 3.24 months old. The records must be open to inspection by a 3.25 representative of the department or a peace officer during 3.26 reasonable business hours. The location must be at the 3.27 established place of business of one of the affiliated dealers 3.28 or at a location within Minnesota not further than 25 miles from 3.29 the established place of business of one of the affiliated 3.30 dealers.