HF 3049

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating the purchase and lease of new ambulances;
establishing a manufacturer's duty to repair, refund, or replace; amending
Minnesota Statutes 2004, section 325F.665, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 325F.665, subdivision 1, is amended to
read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms
in paragraphs (b) to (i) have the meanings given them:.

(a) (b) "Consumer" means the purchaser or lessee, other than for purposes of resale
or sublease, of a new motor vehicle used for personal, family, or household purposes at
least 40 percent of the time, and a person to whom the new motor vehicle is transferred
for the same purposes during the duration of an express warranty applicable to the motor
vehicle;. The term also includes a new motor vehicle of the type specified in paragraph (f),
clause (3), purchased or leased by an ambulance service licensed under chapter 144E, and
a person to whom the ambulance is transferred for the same purpose during the duration of
any applicable express warranty.

(b) (c) "Manufacturer" means a person engaged in the business of manufacturing,
assembling or distributing motor vehicles, who will, under normal business conditions
during the year, manufacture, assemble or distribute to dealers at least ten new motor
vehicles;.

(c) (d) "Manufacturer's express warranty" and "warranty" mean the written warranty
of the manufacturer of a new motor vehicle of its condition and fitness for use, including
any terms or conditions precedent to the enforcement of obligations under that warranty;.

(d) (e) "Lease" means a contract in the form of a lease or bailment for the use of
personal property by a natural person for a period of time exceeding four months, used for
personal, family, or household purposes at least 40 percent of the time, whether or not the
lessee has the option to purchase or otherwise become the owner of the property at the
expiration of the lease;.

(e) (f) "Motor vehicle" means (1) a passenger automobile as defined in section
168.011, subdivision 7, including pickup trucks and vans, and (2) the self-propelled
motor vehicle chassis or van portion of recreational equipment as defined in section
168.011, subdivision 25, which is sold or leased to a consumer in this state;, and (3) the
self-propelled motor vehicle chassis or van portion of an ambulance as defined in section
144E.001, subdivision 2.

(f) (g) "Informal dispute settlement mechanism" means an arbitration process
or procedure by which the manufacturer attempts to resolve disputes with consumers
regarding motor vehicle nonconformities and repairs that arise during the vehicle's
warranty period;.

(g) (h) "Motor vehicle lessor" means a person who holds title to a motor vehicle
leased to a lessee under a written lease agreement or who holds the lessor's rights under
such agreement; and.

(h) (i) "Early termination costs" means expenses and obligations incurred by a
motor vehicle lessor as a result of an early termination of a written lease agreement and
surrender of a motor vehicle to a manufacturer under subdivision 4, including penalties
for prepayment of finance arrangements.

Sec. 2. EFFECTIVE DATE; APPLICATION.

Section 1 is effective August 1, 2006, and applies to new motor vehicle sales and
leases made on or after that date.