1st Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to recreational vehicles; exempting licensed 1.3 sellers of certain trailers from certain contract or 1.4 franchise requirements; exempting dealers in certain 1.5 trailers from the prohibition against sale of motor 1.6 vehicles on Sunday; amending Minnesota Statutes 1996, 1.7 sections 168.27, subdivision 22; and 168.275. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1996, section 168.27, 1.10 subdivision 22, is amended to read: 1.11 Subd. 22. [MOTORIZED BICYCLES, BOAT AND SNOWMOBILE 1.12 TRAILERS.] Any person, copartnership, or corporation having a 1.13 permanent enclosed commercial building or structure either owned 1.14 in fee or leased and engaged in the business, either exclusively 1.15 or in addition to any other occupation, of selling motorized 1.16 bicycles, boat trailers, horse trailers, or snowmobile trailers, 1.17 may apply to the registrar for a dealer's license. Upon payment 1.18 of a $10 fee the registrar shall license the applicant as a 1.19 dealer for the remainder of the calendar year in which the 1.20 application was received. Thereafter the license may be renewed 1.21 on or before the second day of January of each year by payment 1.22 of a fee of $10. The registrar shall issue to each dealer, upon 1.23 request of the dealer, dealer plates as provided in subdivision 1.24 16 upon payment of $5 for each plate, and the plates may be used 1.25 in the same manner and for the same purposes as is provided in 1.26 subdivision 16. Except for motorized bicycle dealers, the 2.1 registrar shall also issue to the dealer, upon request of the 2.2 dealer, "in transit" plates as provided in subdivision 17 upon 2.3 payment of a fee of $5 for each plate. This subdivision shall 2.4 not be construed to abrogate any of the provisions of this 2.5 section as the same relates to the duties, responsibilities, and 2.6 requirements of persons, copartnerships, or corporations engaged 2.7 in the business, either exclusively or in addition to other 2.8 occupations, of selling motor vehicles or manufactured homes, 2.9 except that a seller of boat trailers, utility trailers, or 2.10 snowmobile trailers who is licensed under this subdivision is 2.11 not required to have a contract or franchise with a manufacturer 2.12 or distributor of new boat trailers, utility trailers, or new 2.13 snowmobile trailers the seller proposes to sell, broker, 2.14 wholesale, or auction. This section shall not be construed to 2.15 require a manufacturer of snowmobile trailers whose 2.16 manufacturing facility is located outside of the metropolitan 2.17 area as defined in section 473.121 to have a dealer's license to 2.18 transport the snowmobile trailers to dealers or retail outlets 2.19 in the state. 2.20 Sec. 2. Minnesota Statutes 1996, section 168.275, is 2.21 amended to read: 2.22 168.275 [SALE OF MOTOR VEHICLES ON SUNDAY FORBIDDEN.] 2.23 Any person who shall carry on or engage in the business of 2.24 buying, selling, exchanging, dealing in or trading in new or 2.25 used motor vehicles; or who shall open any place of business or 2.26 lot wherein the person attempts to or does engage in the 2.27 business of buying, selling, exchanging, dealing or trading in 2.28 new or used motor vehicles; or who does buy, sell, exchange, 2.29 deal or trade in new or used motor vehicles as a business on the 2.30 first day of the week, commonly known and designated as Sunday, 2.31 is guilty of a misdemeanor for the first offense, and a gross 2.32 misdemeanor for each succeeding offense. Such a person upon 2.33 conviction for the first offense shall pay a fine not to exceed 2.34 $700 or be imprisoned for a period of not more than ten days; 2.35 and for the second offense shall pay a fine not to exceed $3,000 2.36 or be imprisoned for a period of not more than 30 days or both; 3.1 and for the third or each subsequent offense shall pay a fine of 3.2 not more than $3,000 or be imprisoned for a period of not more 3.3 than six months or both. This section does not apply to the 3.4 sale of (1) trailers designed and used primarily to transport 3.5 watercraft, as defined in section 86B.005, subdivision 18, (2) 3.6 trailers designed and used primarily to transport all-terrain 3.7 vehicles, as defined in section 84.92, subdivision 8, (3) 3.8 trailers designed and used primarily to transport snowmobiles as 3.9 defined in section 84.81, subdivision 3, or (4) utility trailers 3.10 as defined in section 168.27, subdivision 20. 3.11 Sec. 3. [EFFECTIVE DATE.] 3.12 Section 2 is effective the day following final enactment.