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SF 2152

as introduced - 90th Legislature (2017 - 2018) Posted on 03/17/2017 08:30am

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

Current Version - as introduced

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A bill for an act
relating to public safety; establishing an electronic scrap vehicle transaction report;
requiring a stolen vehicle inquiry; amending Minnesota Statutes 2016, section
168A.1501, subdivision 9, by adding subdivisions; repealing Minnesota Statutes
2016, section 168A.1501, subdivision 6.

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

Section 1.

Minnesota Statutes 2016, section 168A.1501, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Real time motor vehicle inquiry. new text end

new text begin The commissioner must establish or adopt
an electronic system that allows scrap vehicle operators to:
new text end

new text begin (1) submit the report identified in subdivision 2b; and
new text end

new text begin (2) complete a real time motor vehicle inquiry to verify that a motor vehicle offered to
an operator by a seller has not been reported stolen, then print the response of the inquiry.
new text end

Sec. 2.

Minnesota Statutes 2016, section 168A.1501, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Reporting requirements. new text end

new text begin (a) Within 48 hours of close of business each day,
every scrap vehicle operator must report to the commissioner any transaction that involves
a scrap vehicle. The report must be in an electronic format approved by the commissioner.
new text end

new text begin (b) The report required under paragraph (a) must include:
new text end

new text begin (1) the name, address, and contact information of the scrap vehicle operator and seller
of the motor vehicle;
new text end

new text begin (2) the number of any license required to buy or sell motor vehicles under this section
or, if the person is an individual, the number of a government-issued identification document;
new text end

new text begin (3) the vehicle's make, model, year, vehicle identification number, and, if available,
current odometer reading;
new text end

new text begin (4) the date of purchase by the scrap vehicle operator;
new text end

new text begin (5) a statement indicating whether the vehicle was or will be crushed, disposed of, or
offered for sale or other purposes; and
new text end

new text begin (6) a statement indicating whether the vehicle is intended to be exported out of the United
States.
new text end

new text begin (c) The commissioner must make the information received under paragraph (b) available
to any law enforcement agency or division of the Department of Public Safety without
charge and upon request.
new text end

new text begin (d) The commissioner must forward the information received under paragraph (b),
excluding personally identifiable information, to the National Motor Vehicle Title
Information System within two business days of its receipt.
new text end

new text begin (e) Except as otherwise provided in this section, the commissioner is prohibited from
disclosing personally identifiable information received under paragraph (b).
new text end

Sec. 3.

Minnesota Statutes 2016, section 168A.1501, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Stolen vehicle inquiry. new text end

new text begin (a) Before purchasing a motor vehicle, a scrap vehicle
operator must access the electronic system under subdivision 2a to determine whether the
motor vehicle has been reported stolen.
new text end

new text begin (b) If the electronic system shows that the motor vehicle was reported stolen, the scrap
vehicle operator is prohibited from completing the transaction and must notify the
commissioner of (1) the motor vehicle's location, and (2) the personally identifying
information of the person attempting to transfer ownership.
new text end

new text begin (c) If the electronic system indicates the motor vehicle was not reported stolen, the scrap
vehicle operator may proceed with the transaction, subject to the requirements of subdivision
7, 8, or 9. A scrap vehicle operator that purchases a motor vehicle under this paragraph must
not be held criminally or civilly liable if the motor vehicle is subsequently reported stolen,
unless the scrap vehicle operator had knowledge that the motor vehicle was stolen at the
time of the transaction.
new text end

Sec. 4.

Minnesota Statutes 2016, section 168A.1501, subdivision 9, is amended to read:


Subd. 9.

Vehicle without proof of ownership; vehicles for dismantling.

deleted text begin (a)deleted text end If the
provisions of subdivision 7 are not met, an operator may purchase a scrap vehicle if:

(1) the operator is a used vehicle parts dealer licensed under section 168.27;

(2) the vehicle is being purchased for dismantling for its parts; and

(3) the seller:

deleted text begin (i) agrees in writing to a sale with a seven-day hold period;
deleted text end

deleted text begin (ii)deleted text end new text begin (i)new text end provides proof of identification; and

deleted text begin (iii)deleted text end new text begin (ii)new text end signs a statement, under penalty of perjury as provided in section 609.48, attesting
that the motor vehicle is not stolen and is free of any liens or encumbrances and that the
seller has the right to sell the motor vehicle.

deleted text begin (b) An operator purchasing a scrap vehicle under this subdivision shall:
deleted text end

deleted text begin (1) hold the vehicle for a period of seven consecutive days, excluding Saturdays, Sundays,
and holidays; and
deleted text end

deleted text begin (2) not scrap, resell, dismantle, or in any way destroy the vehicle during the hold period
under clause (1).
deleted text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 168A.1501, subdivision 6, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-3465

168A.1501 SCRAPPED, DISMANTLED, OR DESTROYED VEHICLE.

Subd. 6.

Additional reporting.

The following entities must submit information on the purchase or acquisition of a scrap vehicle to the National Motor Vehicle Title Information System, established pursuant to United States Code, title 49, section 30502, by the close of business the following day:

(1) an operator who is not licensed under section 168.27; and

(2) an operator who purchases a scrap vehicle under subdivision 9.