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HF 2239

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 03:35pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to motor vehicles; amending and clarifying requirements governing
titling and license plates for pioneer vehicles; amending Minnesota Statutes
2010, sections 168.10, subdivision 1a; 168A.01, subdivision 16, by adding a
subdivision; 168A.04, subdivision 5; 168A.05, subdivision 3; 168A.09, by
adding a subdivision; 168A.15, subdivision 2; 325F.6644, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 168.10, subdivision 1a, is amended to read:


Subd. 1a.

Collector's vehicle, pioneer plate.

(a) Any motor vehiclenew text begin that: (1) wasnew text end
manufactured prior to 1936 new text begin or is a restored pioneer vehicle, as defined in section 168A.01,
subdivision 16a;
new text end andnew text begin (2) is new text endowned and operated solely as a collector's itemnew text begin,new text end shall be listed
for taxation and registration deleted text beginas follows:deleted text end new text beginas provided by paragraph (b).
new text end

new text begin (b) new text endAn affidavit shall be executed stating the name and address of the owner, the
name and address of the person from whom purchased, the make of the motor vehicle,
year and number of the model, the manufacturer's identification number and that the
vehicle is owned and operated solely as a collector's item and not for general transportation
purposes. If the commissioner is satisfied that the affidavit is true and correct and the
owner pays a $25 tax and the plate fee authorized under section 168.12, the commissioner
shall list such vehicle for taxation and registration and shall issue a single number plate.

deleted text begin (b)deleted text end new text begin(c) new text endThe number plate so issued shall bear the inscription "Pioneer," "Minnesota"
and the registration number or other combination of characters authorized under section
168.12, subdivision 2a, but no date. The number plate is valid without renewal as long as
the vehicle is in existence in Minnesota. The commissioner has the power to revoke said
plate for failure to comply with this subdivision.

Sec. 2.

Minnesota Statutes 2010, section 168A.01, subdivision 16, is amended to read:


Subd. 16.

Reconstructed vehicle.

new text begin(a) new text end"Reconstructed vehicle" means a vehicle of a
type for which a certificate of title is required hereunder materially altered from its original
construction by the removal, addition, or substitution of essential parts, new or used.

new text begin (b) Reconstructed vehicle does not include a restored pioneer vehicle.
new text end

Sec. 3.

Minnesota Statutes 2010, section 168A.01, is amended by adding a subdivision
to read:


new text begin Subd. 16a. new text end

new text begin Restored pioneer vehicle. new text end

new text begin (a) "Restored pioneer vehicle" means
a vehicle:
new text end

new text begin (1) for which a certificate of title is required under this chapter;
new text end

new text begin (2) originally manufactured prior to 1919;
new text end

new text begin (3) for which one or more essential parts, whether new or used, are replaced; and
new text end

new text begin (4) for which each essential part under clause (3) is replaced:
new text end

new text begin (i) only as necessary in order to restore or retain the character and appearance of the
vehicle as originally manufactured;
new text end

new text begin (ii) in a manner which reasonably restores or retains the character and appearance of
the vehicle as originally manufactured; and
new text end

new text begin (iii) in a manner which substantially conforms to the fit, form, and function of the
original essential part.
new text end

new text begin (b) A vehicle meeting both the requirements under paragraph (a) and subdivision 16
for a reconstructed vehicle is a restored pioneer vehicle.
new text end

new text begin (c) For purposes of this subdivision, replacement of an essential part includes, but is
not limited to, removal, addition, modification, or substitution of the essential part.
new text end

Sec. 4.

Minnesota Statutes 2010, section 168A.04, subdivision 5, is amended to read:


Subd. 5.

deleted text beginSpecially constructed or reconstructed vehicledeleted text endnew text begin Certain unconventional
vehicles; additional information; identifying number
new text end.

new text begin(a) new text endExcept as provided in
subdivision 6, if the application refers to a specially constructed vehicle deleted text beginordeleted text endnew text begin,new text end a reconstructed
vehicle,new text begin or a restored pioneer vehicle,new text end the application shall so state and shall contain or
be accompanied by:

(1) any information and documents the department reasonably requires to establish
the ownership of the vehicle and the existence or nonexistence and priority of security
interests in it;

(2) the certificate of a person authorized by the department that the identifying
number of the vehicle has been inspected and found to conform to the description given in
the application, or any other proof of the identity of the vehicle the department reasonably
requires; and

(3) at the time of application, a written certification to the department that the vehicle
to be titled meets the requirements of chapter 169 for vehicles in its class regarding safety
and acceptability to operate on public roads and highways.

new text begin (b) As part of the application for certificate of title on a restored pioneer vehicle, the
applicant shall supply evidence of the manufacturer's year, make, model, and identifying
number of the vehicle. A manufacturer's identifying number is valid under this paragraph
if it matches a number permanently affixed, stamped, or otherwise assigned to at least one
essential part of the motor vehicle, including but not limited to the engine block or the
vehicle body. In the case of an insufficient application, the commissioner may require
additional documentation to confirm the manufacturer's identifying number on the vehicle,
including but not limited to photographic proof, copies of original vehicle catalogs, or
certification letters from antique car collector organizations.
new text end

Sec. 5.

Minnesota Statutes 2010, section 168A.05, subdivision 3, is amended to read:


Subd. 3.

Content of certificate.

new text begin(a) new text endEach certificate of title issued by the department
shall contain:

(1) the date issued;

(2) the first, middle, and last names and the dates of birth of all owners who are
natural persons, and the full names of all other owners;

(3) the residence address of the owner listed first if that owner is a natural person or
the address if that owner is not a natural person;

(4) the names of any secured parties, and the address of the first secured party,
listed in the order of priority (i) as shown on the application, or (ii) if the application is
based on a certificate of title, as shown on the certificate, or (iii) as otherwise determined
by the department;

(5) any liens filed pursuant to a court order or by a public agency responsible for
child support enforcement against the owner;

(6) the title number assigned to the vehicle;

(7) a description of the vehicle including, so far as the following data exists, its
make, model, year, identifying number, type of body, whether new or used, and if a new
vehicle, the date of the first sale of the vehicle for use;

(8) with respect to a motor vehicle subject to section 325E.15, (i) the true cumulative
mileage registered on the odometer or (ii) that the actual mileage is unknown if the
odometer reading is known by the owner to be different from the true mileage;

(9) with respect to a vehicle subject to sections 325F.6641 and 325F.6642, the
appropriate term "flood damaged," "rebuilt," "prior salvage," or "reconstructed";

(10) with respect to a vehicle contaminated by methamphetamine production, if the
registrar has received the certificate of title and notice described in section 152.0275,
subdivision 2
, paragraph (g), the term "hazardous waste contaminated vehicle";

(11) with respect to a vehicle subject to section 325F.665, the term "lemon law
vehicle"; and

(12) any other data the department prescribes.

new text begin (b) For a certificate of title on a vehicle that is a restored pioneer vehicle:
new text end

new text begin (1) the identifying number must be the valid identifying number as provided under
section 168A.04, subdivision 5;
new text end

new text begin (2) the year of the vehicle must be the year of original vehicle manufacture and
not the year of restoration; and
new text end

new text begin (3) the title must not bear a "reconstructed vehicle" brand.
new text end

Sec. 6.

Minnesota Statutes 2010, section 168A.09, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Restored pioneer vehicle; replacement title. new text end

new text begin (a) The owner of a vehicle
may apply to the commissioner for a replacement title if:
new text end

new text begin (1) a Minnesota title has been issued prior to the effective date of this section; and
new text end

new text begin (2) the vehicle meets the requirements for a restored pioneer vehicle under section
168A.01, subdivision 16a.
new text end

new text begin (b) The commissioner shall establish and make publicly available requirements for
an application under this subdivision, and shall make reasonable efforts to minimize
burden on the title applicant. Among the application requirements, a person applying for a
replacement title shall surrender the original title.
new text end

new text begin (c) The commissioner shall impose a fee for a replacement title issued under this
subdivision that is equal to the fee for issuing a duplicate certificate of title under section
168A.29. Fee proceeds must be allocated in the same manner as the fee for a duplicate
certificate of title.
new text end

Sec. 7.

Minnesota Statutes 2010, section 168A.15, subdivision 2, is amended to read:


Subd. 2.

new text beginCertain unconventional vehicles; new text endrequirements to obtain certificate deleted text beginfor
reconstructed vehicle
deleted text end.

If a vehicle is altered so as to become a reconstructed vehiclenew text begin or
restored pioneer vehicle
new text end, the owner shall apply for a certificate of title deleted text beginto the reconstructed
vehicle
deleted text end in the manner provided in section 168A.04, and any existing certificate of title to
the vehicle shall be surrendered for cancellation.

Sec. 8.

Minnesota Statutes 2010, section 325F.6644, subdivision 2, is amended to read:


Subd. 2.

Title branding.

Section 325F.6642 does not apply tonew text begin (1)new text end commercial motor
vehicles with a gross vehicle weight rating of 16,000 pounds or more or to motorcycles,
other than reconstructed vehicles, as defined in section 168A.01, subdivision 16new text begin; and (2)
restored pioneer vehicles, as defined in section 168A.01, subdivision 16a
new text end.