SF 1639

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; modifying motor vehicle 
  1.3             dealer requirements relating to vehicle registration, 
  1.4             titling, and records; providing for removal and 
  1.5             disposal of unauthorized vehicles on private, 
  1.6             nonresidential property used for servicing vehicles; 
  1.7             authorizing a fee; amending Minnesota Statutes 2002, 
  1.8             sections 168A.02, subdivision 2; 168A.11, subdivisions 
  1.9             1, 2, by adding a subdivision; 168B.04, subdivision 2; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 168B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 168A.02, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [NO VEHICLE REGISTRATION WITHOUT TITLE.] The 
  1.16  department shall not register or renew the registration of a 
  1.17  vehicle for which a certificate of title is required unless a 
  1.18  certificate of title has been issued to the owner or, an 
  1.19  application therefor has been delivered to and approved by the 
  1.20  department, or the vehicle has a Minnesota certificate of title 
  1.21  and is being held for resale by a dealer under section 168A.11. 
  1.22     Sec. 2.  Minnesota Statutes 2002, section 168A.11, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [APPLICATION REQUIREMENTS UPON SUBSEQUENT 
  1.25  TRANSFER.] (a) If A dealer who buys a vehicle and holds it for 
  1.26  resale and procures the certificate of title from the owner, and 
  1.27  complies with subdivision 2 hereof, the dealer need not apply 
  1.28  for a certificate of title, but.  Upon transferring the vehicle 
  2.1   to another person, other than by the creation of a security 
  2.2   interest, the dealer shall promptly execute the assignment and 
  2.3   warranty of title by a dealer, showing the names and addresses 
  2.4   of the transferee and of any secured party holding a security 
  2.5   interest created or reserved at the time of the resale, and the 
  2.6   date of the security agreement in the spaces provided therefor 
  2.7   on the certificate of title or secure reassignment. 
  2.8      (b) If a dealer elects to apply for a certificate of title 
  2.9   on a vehicle held for resale, the dealer need not register the 
  2.10  vehicle but shall pay one month's registration tax.  If a dealer 
  2.11  elects to apply for a certificate of title on a vehicle held for 
  2.12  resale, the department shall not place any legend on the title 
  2.13  that no motor vehicle sales tax was paid by the dealer, but may 
  2.14  indicate on the title whether the vehicle is a new or used 
  2.15  vehicle. 
  2.16     (c) With respect to motor vehicles subject to the 
  2.17  provisions of section 325E.15, the dealer shall also, in the 
  2.18  space provided therefor on the certificate of title or secure 
  2.19  reassignment, state the true cumulative mileage registered on 
  2.20  the odometer or that the exact mileage is unknown if the 
  2.21  odometer reading is known by the transferor to be different from 
  2.22  the true mileage.  
  2.23     (c) (d) The transferee shall complete the application for 
  2.24  title section on the certificate of title or separate title 
  2.25  application form prescribed by the department.  The dealer shall 
  2.26  mail or deliver the certificate to the registrar or deputy 
  2.27  registrar with the transferee's application for a new 
  2.28  certificate and appropriate taxes and fees, within ten business 
  2.29  days. 
  2.30     (e) With respect to vehicles sold to buyers who will remove 
  2.31  the vehicle from this state, the dealer shall remove any license 
  2.32  plates from the vehicle, issue a 31-day temporary permit 
  2.33  pursuant to section 168.091, and notify the registrar within 48 
  2.34  hours of the sale that the vehicle has been removed from this 
  2.35  state.  The notification must be made in an electronic format 
  2.36  prescribed by the registrar.  The dealer may contract with a 
  3.1   deputy registrar for the notification of sale to an out-of-state 
  3.2   buyer.  The deputy registrar may charge a fee not to exceed $7 
  3.3   per transaction to provide this service. 
  3.4      Sec. 3.  Minnesota Statutes 2002, section 168A.11, 
  3.5   subdivision 2, is amended to read: 
  3.6      Subd. 2.  [PURCHASE RECEIPT NOTIFICATION ON VEHICLE HELD 
  3.7   FOR RESALE.] A dealer, on buying a vehicle for which the seller 
  3.8   does not present a certificate of title, shall at the time of 
  3.9   taking delivery of the vehicle execute a purchase receipt for 
  3.10  the vehicle in a format designated by the department, and 
  3.11  deliver a copy to the seller.  In a format and at a time 
  3.12  prescribed by the registrar, the dealer shall notify the 
  3.13  registrar that the vehicle is being held for resale by the 
  3.14  dealer.  Within 48 hours of acquiring a vehicle titled and 
  3.15  registered in Minnesota, a dealer shall notify the registrar 
  3.16  that the dealership is holding the vehicle for resale.  The 
  3.17  notification must be made electronically as prescribed by the 
  3.18  registrar.  The dealer may contract this service to a deputy 
  3.19  registrar and the registrar may charge a fee not to exceed $7 
  3.20  per transaction to provide this service. 
  3.21     Sec. 4.  Minnesota Statutes 2002, section 168A.11, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 4.  [CENTRALIZED RECORD KEEPING.] Three or more new 
  3.24  motor vehicle dealers under common management or control may 
  3.25  designate to the department in writing a single location for 
  3.26  maintaining the records required by this section that are more 
  3.27  than 12 months old.  The records must be open to inspection by a 
  3.28  representative of the department or a peace officer during 
  3.29  reasonable business hours.  The location must be at the 
  3.30  established place of business of one of the affiliated dealers 
  3.31  or at a location within Minnesota not further than 25 miles from 
  3.32  the established place of business of one of the affiliated 
  3.33  dealers. 
  3.34     Sec. 5.  Minnesota Statutes 2002, section 168B.04, 
  3.35  subdivision 2, is amended to read: 
  3.36     Subd. 2.  [UNAUTHORIZED VEHICLES.] (a) Units of government 
  4.1   and peace officers may take into custody and impound any 
  4.2   unauthorized vehicle under section 169.041. 
  4.3      (b) A vehicle may also be impounded after it has been left 
  4.4   unattended in one of the following public or private locations 
  4.5   for the indicated period of time: 
  4.6      (1) in a public location not governed by section 169.041: 
  4.7      (i) on a highway and properly tagged by a peace officer, 
  4.8   four hours; 
  4.9      (ii) located so as to constitute an accident or traffic 
  4.10  hazard to the traveling public, as determined by a peace 
  4.11  officer, immediately; or 
  4.12     (iii) that is a parking facility or other public property 
  4.13  owned or controlled by a unit of government, properly posted, 
  4.14  four hours; or 
  4.15     (2) on private property: 
  4.16     (i) that is single-family or duplex residential property, 
  4.17  immediately; 
  4.18     (ii) that is private, nonresidential property, properly 
  4.19  posted, immediately; 
  4.20     (iii) that is private, nonresidential property, not posted, 
  4.21  24 hours; or 
  4.22     (iv) that is private, nonresidential property of an 
  4.23  operator of an establishment for the servicing, repair, or 
  4.24  maintenance of motor vehicles, five business days after 
  4.25  notifying the vehicle owner by certified mail, return receipt 
  4.26  requested, of the property owner's intention to have the vehicle 
  4.27  removed from the property; or 
  4.28     (v) that is any residential property, properly posted, 
  4.29  immediately. 
  4.30     Sec. 6.  [168B.055] [NOTICE FOR REMOVAL FROM VEHICLE 
  4.31  SERVICE FACILITY.] 
  4.32     An owner or agent of an owner of private, nonresidential 
  4.33  property described in section 168B.04, subdivision 2, paragraph 
  4.34  (b), clause (2)(iv), is authorized to remove or cause the 
  4.35  removal of an unauthorized vehicle from that property after 
  4.36  providing five-day notice to the vehicle owner by certified 
  5.1   mail, return receipt requested, that the vehicle will be removed 
  5.2   from the property.  Notification must include identification of 
  5.3   the registration plate number, the vehicle identification 
  5.4   number, and the make, model, and color of the vehicle.  The 
  5.5   owner or agent of an owner of property upon which a motor 
  5.6   vehicle is unauthorized may cause the vehicle to be removed by a 
  5.7   towing service under this section without incurring any civil 
  5.8   liability to the owner of the unauthorized vehicle.  Vehicles 
  5.9   removed pursuant to a complaint of the owner or agent of the 
  5.10  owner of private property must be disposed of as provided in 
  5.11  sections 168B.051 to 168B.10.