as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:08am
A bill for an act
relating to commerce; regulating auto body repairs; imposing a registration
requirement; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
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(b) "Auto body repair business" means each location operated by a person who, for
compensation, engages in the business of repairing, removing, installing, or painting
integral component parts of a chassis or body of a motor vehicle.
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(c) "Commissioner" means the commissioner of commerce.
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(d) "Motor vehicle" means a motor vehicle as defined in section 168.002, subdivision
18.
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(e) "Person" means an individual, corporation, business, trust, partnership, limited
liability company, or joint venture, or any other legal or commercial entity.
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(a) It is unlawful for a person to transact
business in this state as an auto body repair business unless the person is registered under
this section as an auto body repair business or is exempt from registration as an auto
body repair business under paragraph (b).
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(b) The following persons are exempt from the registration requirement of this
section:
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(1) a person who conducts auto body repair services as a function of a vehicle fleet
operation or who conducts auto body repair services for a single commercial entity; and
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(2) a person who specializes solely in a particular auto body repair service including
paintless dent repair, bumper repair service, wheel reconditioning, leather and vinyl repair,
air bag replacement, rust proofing, four wheel alignment, air conditioning services,
mechanical repairs and structural frame repairs, or glass replacement service are not
required to register as an auto body repair business.
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A person seeking to register must submit an
application for registration to the commissioner in a form prescribed by the commissioner.
The application must be in the name of the individual and signed or otherwise
authenticated by the applicant under penalty of perjury, and must state or contain:
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(1) the name of the applicant and the address or addresses of the applicant's auto
body repair facility or facilities; and the name under which the auto body repair business
operates along with telephone number and electronic mail address; and
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(2) the state tax identification number of the auto body repair business.
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An auto body repair business shall apply to renew a registration
by submitting an application for renewal in a form prescribed by the commissioner.
The application for renewal must be signed by the applicant and must contain current
information on all matters required in an original registration.
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An auto body repair business registration or a renewal of a
registration is valid for two years.
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An application for registration must
be accompanied by a $50 fee. An application for renewal of registration must be
accompanied by a $40 fee.
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The commissioner shall
maintain a roster of currently registered auto body repair businesses that is available
electronically via the department's Web site.
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Upon processing a
claim for repairs with an auto body repair business, an adjuster or insurer shall maintain a
record of the auto body repair business registration number in the insurance company's
file. An insurer will be deemed to have made reasonable efforts to determine whether the
auto body repair business is registered if the insurer has reviewed the roster of registered
shops maintained by the commissioner pursuant to subdivision 7.
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This section is effective January 1, 2012.
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$....... is appropriated from the general fund to the commissioner of commerce for
the purposes of this act.
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