Minnesota Legislature
SF 3108
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to natural resources; providing for suspension of certain registrations
and licenses as a penalty for payment with a dishonored check; providing for
delivery of a watercraft certificate of title to the owner; providing penalties;
amending Minnesota Statutes 2004, sections 84.796; 84.805; 84.88, by adding
a subdivision; 84.929; 86B.401, by adding a subdivision; 86B.885; 86B.895,
subdivision 2, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 84.796, is amended to read:
84.796 PENALTIES.
(a) A person who violates a provision of section 84.788, 84.789, 84.793, or 84.795 is
guilty of a misdemeanor.
(b) A person who violates a provision of a rule adopted under section 84.79 is guilty
of a petty misdemeanor.
new text begin
(c) The commissioner shall suspend the registration of an individual's off-highway
motorcycle if the individual paid for the registration by means of a dishonored check to a
deputy registrar of motor vehicles. The suspension continues until the deputy registrar of
motor vehicles informs the commissioner that the dishonored check has been paid in full.
new text end
Sec. 2.
Minnesota Statutes 2004, section 84.805, is amended to read:
84.805 PENALTIES.
new text begin (a) new text end A person who violates any provision of sections 84.797 to 84.804 is guilty of a
misdemeanor.
new text begin
(b) The commissioner shall suspend the registration of an individual's off-road
vehicle if the individual paid for the registration by means of a dishonored check to a
deputy registrar of motor vehicles. The suspension continues until the deputy registrar of
motor vehicles informs the commissioner that the dishonored check has been paid in full.
new text end
Sec. 3.
Minnesota Statutes 2004, section 84.88, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Penalty; dishonored check. new text end
new text begin
The commissioner shall suspend the
registration of an individual's snowmobile under section 84.82 or an individual's
snowmobile state trail sticker under section 84.8205 if the individual paid for the
registration or sticker by means of a dishonored check to a deputy registrar of motor
vehicles. The suspension continues until the deputy registrar of motor vehicles informs
the commissioner that the dishonored check has been paid in full.
new text end
Sec. 4.
Minnesota Statutes 2004, section 84.929, is amended to read:
84.929 PENALTIES.
new text begin (a) new text end Any person who violates any provision of sections 84.92 to 84.928 or rules of the
commissioner is guilty of a misdemeanor.
new text begin
(b) The commissioner shall suspend the registration of an individual's all-terrain
vehicle if the individual paid for the registration by means of a dishonored check to a
deputy registrar of motor vehicles. The suspension continues until the deputy registrar of
motor vehicles informs the commissioner that the dishonored check has been paid in full.
new text end
Sec. 5.
Minnesota Statutes 2004, section 86B.401, is amended by adding a subdivision
to read:
new text begin Subd. 14. new text end
new text begin Penalty; dishonored check. new text end
new text begin
The commissioner shall suspend the
license of an individual's watercraft if the individual paid for the license by means of a
dishonored check to a deputy registrar of motor vehicles. The suspension continues until
the deputy registrar of motor vehicles informs the commissioner that the dishonored
check has been paid in full.
new text end
Sec. 6.
Minnesota Statutes 2004, section 86B.885, is amended to read:
86B.885 OWNER-CREATED SECURITY INTEREST.
Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
(a) The owner shall immediately execute the application in the space provided on the
certificate of title or on a separate form prescribed by the commissioner, show the name
and address of the secured party on the certificate, and have the certificate, application,
and required fee delivered to the secured party.
(b) The secured party shall immediately have the certificate, application, and
required fee mailed or delivered to the commissioner.
(c) Upon request of the owner or subordinate secured party, a secured party in
possession of the certificate of title shall either (1) mail or deliver the certificate to the
subordinate secured party for delivery to the commissioner, or (2) upon receiving from the
subordinate secured party the owner's application and the required fee, mail or deliver
them to the commissioner with the certificate. The delivery of the certificate does not
affect the rights of the first secured party under the security agreement.
(d) Upon receiving the certificate of title, application, and required fee, the
commissioner shall either endorse on the certificate or issue a new certificate containing
the name and address of the new secured party, and mail or deliver the certificate to the
deleted text begin first secured party named on itdeleted text end new text begin owner. The secured party or parties shall be notified that
the security interest has been recordednew text end .
Sec. 7.
Minnesota Statutes 2004, section 86B.895, subdivision 2, is amended to read:
Subd. 2.
Release of subordinate security interest.
Upon the satisfaction of a
security interest in a watercraft for which the certificate of title is in the possession
of a prior secured party, the secured party whose security interest is satisfied shall
execute a release in the form prescribed by the commissioner and, within 15 days after
satisfaction, deliver the release to the owner or a person who delivers to the secured
partynew text begin an authorization from the owner to receive it. The secured party in possession of the
certificate of title shall either deliver the certificate to the owner, or the person authorized
by the owner, for delivery to the commissioner, or upon receipt of the release, mail
or deliver it with the certificate to the commissioner, who shall release the subordinate
secured party's rights on the certificate or issue a new certificatenew text end .
Sec. 8.
Minnesota Statutes 2004, section 86B.895, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Certificate with owner. new text end
new text begin
Upon the satisfaction of a security interest in a
watercraft for which the certificate of title is in the possession of the owner, the secured
party shall, within 15 days, execute a release of security interest in the format prescribed
by the commissioner and mail or deliver the notification with release to the owner or
any person who delivers to the secured party an authorization from the owner to receive
the release.
new text end