SF 283

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; authorizing suspension of 
  1.3             a vehicle's registration in certain circumstances; 
  1.4             requiring a form to be provided in a vehicle's 
  1.5             certificate of title and completed under certain 
  1.6             circumstances; amending Minnesota Statutes 1996, 
  1.7             sections 168.11, subdivision 3; 168.17; 168A.05, 
  1.8             subdivision 5; and 168A.10, subdivisions 1 and 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 168.11, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  If the registrar fails to mail to the registered 
  1.13  owner of a motor vehicle a notification of renewal for the motor 
  1.14  vehicle at least 30 days before the expiration of the vehicle's 
  1.15  registration, and all past due taxes and fees have been paid, 
  1.16  the registrar must provide at no charge a written statement to 
  1.17  that effect to the registered owner at the owner's request.  The 
  1.18  registrar must retain in the registrar's files a record 
  1.19  sufficient to demonstrate whether any owner of a registered 
  1.20  motor vehicle has been notified by mail of the renewal of the 
  1.21  registration.  With each notification of renewal mailed in 1998, 
  1.22  the registrar shall mail a "Notice of Sale" in postcard form, 
  1.23  which contains the vehicle's title number and vehicle 
  1.24  identification number, with sufficient space for the owner to 
  1.25  record the name, address, and driver's license number of a 
  1.26  purchaser, the vehicle's purchase price, and its date of sale.  
  1.27  The form must include clear instructions regarding the owner's 
  2.1   responsibility to complete and return the form pursuant to 
  2.2   section 168A.10, subdivision 1. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 168.17, is 
  2.4   amended to read: 
  2.5      168.17 [SUSPENSION OF REGISTRATION.] 
  2.6      All registrations and issue of number plates shall be 
  2.7   subject to amendment, suspension, modification, or revocation by 
  2.8   the registrar summarily for any violation of or neglect to 
  2.9   comply with the provisions of this chapter or for the 
  2.10  transferee's failure to comply with section 168A.10, subdivision 
  2.11  2, within 30 days of the date of sale.  In any case where the 
  2.12  proper registration of a motor vehicle is dependent upon 
  2.13  procuring information entailing such delay as to unreasonably 
  2.14  deprive the owner of the use of the motor vehicle, the registrar 
  2.15  may issue a tax receipt and plates conditionally.  In any case 
  2.16  when revoking a registration for cause, the registrar shall have 
  2.17  authority to demand the return of the number plates and 
  2.18  registration certificates, and, if necessary, to seize the 
  2.19  number plates issued for such registration. 
  2.20     Sec. 3.  Minnesota Statutes 1996, section 168A.05, 
  2.21  subdivision 5, is amended to read: 
  2.22     Subd. 5.  [ASSIGNMENT AND WARRANTY OF TITLE FORMS.] (a) The 
  2.23  certificate of title shall contain forms: 
  2.24     (1) for assignment and warranty of title by the owner, and 
  2.25  for; 
  2.26     (2) for assignment and warranty of title by a dealer, and 
  2.27  shall contain forms for applications; 
  2.28     (3) to apply for a certificate of title by a transferee, 
  2.29  and the naming of; 
  2.30     (4) to name a secured party, and shall include language 
  2.31  necessary to implement; and 
  2.32     (5) to make the disclosure required by section 325F.6641.  
  2.33     (b) The certificate of title must also include a form that 
  2.34  contains the vehicle's title number and vehicle identification 
  2.35  number with sufficient space for the owner to record the name, 
  2.36  address, and driver's license number of a purchaser, the 
  3.1   vehicle's purchase price, and its date of sale.  The form must 
  3.2   be entitled "Notice of Sale" and must include clear instructions 
  3.3   regarding the owner's responsibility to complete and return the 
  3.4   form pursuant to section 168A.10, subdivision 1. 
  3.5      Sec. 4.  Minnesota Statutes 1996, section 168A.10, 
  3.6   subdivision 1, is amended to read: 
  3.7      Subdivision 1.  [ASSIGNMENT AND WARRANTY OF TITLE; 
  3.8   MILEAGE.] If an owner transfers interest in a vehicle other than 
  3.9   by the creation of a security interest, the owner shall at the 
  3.10  time of the delivery of the vehicle execute an assignment and 
  3.11  warranty of title to the transferee and shall state the actual 
  3.12  selling price in the space provided therefor on the 
  3.13  certificate.  The owner shall also complete the "Notice of 
  3.14  Sale," by recording the name, address, and driver's license 
  3.15  number of the purchaser, the vehicle's purchase price, and its 
  3.16  date of sale.  The owner shall return this form to the 
  3.17  department within seven days of the date of sale.  With respect 
  3.18  to motor vehicles subject to the provisions of section 325E.15, 
  3.19  the transferor shall also, in the space provided therefor on the 
  3.20  certificate, state the true cumulative mileage registered on the 
  3.21  odometer or that the actual mileage is unknown if the odometer 
  3.22  reading is known by the transferor to be different from the true 
  3.23  mileage.  The transferor shall cause the certificate and 
  3.24  assignment to be delivered to the transferee immediately. 
  3.25     Sec. 5.  Minnesota Statutes 1996, section 168A.10, 
  3.26  subdivision 2, is amended to read: 
  3.27     Subd. 2.  [APPLICATION FOR NEW CERTIFICATE.] Except as 
  3.28  provided in section 168A.11, the transferee shall, within ten 
  3.29  days after assignment to the transferee of the vehicle title 
  3.30  certificate, execute the application for a new certificate of 
  3.31  title in the space provided therefor on the certificate, and 
  3.32  cause the certificate of title to be mailed or delivered to the 
  3.33  department.  If a transferee fails to comply with this 
  3.34  subdivision, the commissioner shall revoke the vehicle's 
  3.35  registration under section 168.17. 
  3.36     Sec. 6.  [EFFECTIVE DATE.] 
  4.1      Sections 1, 3, and 4 are effective January 1, 1998.  
  4.2   Sections 2 and 5 are effective for sales after July 31, 1997.