SF 2995

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; authorizing certain dealers to retain a charitable
interest in certain vehicles; providing for the cancellation of certain automobile
liens under certain circumstances; regulating liens for storage charges on certain
motor vehicles; amending Minnesota Statutes 2004, section 514.19; Minnesota
Statutes 2005 Supplement, section 168A.20, subdivision 5; proposing coding
for new law in Minnesota Statutes, chapter 168A.

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

Section 1.

new text begin [168A.172] CHARITABLE INTEREST.
new text end

new text begin Subdivision 1. new text end

new text begin Agreement. new text end

new text begin Notwithstanding any law to the contrary, a holder of a
limited used vehicle license (limited dealer) as described in section 168.27, subdivision
4a, may retain a charitable interest in a motor vehicle donated by the limited dealer to
an individual without charge and for a charitable purpose. The limited dealer and the
transferee may enter into a written agreement describing the nature, extent, and terms of
the retained charitable interest.
new text end

new text begin Subd. 2. new text end

new text begin Perfection. new text end

new text begin A charitable interest is perfected by the delivery to the
department of the existing certificate of title, if any, an application for a certificate of title
containing the name and address of the limited dealer, the date of the limited dealer's
charitable agreement, and the required fee. A charitable interest is perfected as of the
time of the delivery.
new text end

new text begin Subd. 3. new text end

new text begin Satisfaction of charitable interest. new text end

new text begin Upon the satisfaction of a charitable
interest described in subdivision 1, in a vehicle for which the certificate of title is in the
possession of the owner, the limited dealer shall within seven days execute a release of
interest in the format prescribed by the department and mail or deliver the notification
with release to the owner or any person who delivers to the limited dealer an authorization
from the owner to receive the release. The limited dealer may notify the registrar of the
satisfaction of interest in a manner prescribed by the department.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 168A.20, subdivision 5, is
amended to read:

Subd. 5.

Satisfaction of automobile lien seven years old; release.

deleted text begin (a) deleted text end A security
interest perfected under this chapter deleted text begin expires deleted text end new text begin may be canceled new text end seven years from the
perfection date for a passenger automobile, as defined in section 168.011, subdivision
7 new text begin , upon the request of the owner of the passenger automobile, if the owner has paid the
lien in full and is unable to locate the lienholder to obtain a lien release. At a minimum,
the owner must send a letter to the lienholder by certified mail, return receipt requested,
requesting a lien release. If the owner is unable to obtain a lien release by sending a
letter by certified mail, then the owner must present to the department or its agent the
returned letter as evidence of the attempted contact. This subdivision applies only to
vehicle owners who are individuals new text end .

deleted text begin (b) A lien holder may notify the department in writing or in a format approved by
the department during the sixth year of the lien, no later than 90 days in advance of the
seven-year anniversary, if the lien will not be satisfied during this registration period and
the lien must be extended up to seven additional years as requested by the lien holder.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 514.19, is amended to read:

514.19 RIGHT OF DETAINER.

A lien and right of detainer exists for:

(1) transporting property, other than harvested crops or livestock, from one place to
another but not as a carrier under article 7 of the Uniform Commercial Code;

(2) keeping or storing property, other than harvested crops or livestock, as a bailee
but not as a warehouse operator under article 7 of the Uniform Commercial Code;

(3) the use and storage of molds and patterns in the possession of the fabricator
belonging to the customer for the balance due from the customer for fabrication work;

(4) making, altering or repairing any article, other than livestock, or expending
any labor, skill or material on it;

(5) reasonable charges for a vehicle rented as a replacement for a vehicle serviced or
repaired and being retained as provided by this section.

The liens embrace all lawful charges against the property paid to any other person
by the person claiming the lien, and the price or value of the care, storage or contribution
and all reasonable disbursements occasioned by the detention or sale of the property.

new text begin If the property subject to the lien is a motor vehicle registered in this state and
subject to a certificate of title and one or more secured creditors is listed on the certificate
of title, a lien for storage charges for a period greater than 15 days accrues only after
written notice is sent by certified mail to all listed secured creditors. The notice must
state the name, address, and telephone number of the lienholder, the amount of money
owed, and the rate at which storage charges are accruing. The notice provided in this
section fulfills the notice to secured creditors required in section 514.20, subject to the
time period required under that section.
new text end