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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 49-S.F.No. 77 
                  An act relating to civil actions; new motor vehicle 
                  warranties; clarifying the limitation on actions after 
                  informal dispute settlement mechanism decisions; 
                  amending Minnesota Statutes 1994, section 325F.665, 
                  subdivisions 7 and 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 325F.665, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EFFECT AND ADMISSIBILITY OF DECISION BY INFORMAL 
        DISPUTE SETTLEMENT MECHANISM.] The decision issued in an 
        informal dispute settlement mechanism required by this section 
        is nonbinding on the parties involved, unless otherwise agreed 
        by the parties.  Any party, upon application, may remove the 
        decision to district court for a trial de novo.  If the 
        manufacturer is aggrieved by the decision of the informal 
        dispute settlement mechanism, an application to remove a the 
        decision is not must be filed in the district court within 30 
        days after the date the decision is received by the parties.  If 
        the application to remove is not made within 30 days, then the 
        district court shall, upon application of a party, issue an 
        order confirming the decision.  A written decision issued by an 
        informal dispute settlement mechanism, and any written findings 
        upon which the decision is based, are admissible as nonbinding 
        evidence in any subsequent legal action and are not subject to 
        further foundation requirements.  
           Sec. 2.  Minnesota Statutes 1994, section 325F.665, 
        subdivision 10, is amended to read: 
           Subd. 10.  [LIMITATION ON ACTIONS.] A civil action brought 
        under this section must be commenced within three years of the 
        date of original delivery of the new motor vehicle to a 
        consumer; except that, if the consumer applies to an informal 
        dispute settlement mechanism within three years of the date of 
        original delivery of a new motor vehicle to a consumer, and if 
        the consumer is aggrieved by the decision of the informal 
        dispute settlement mechanism, then any civil action brought 
        under this section must be commenced within six months after the 
        date of the final decision by the mechanism. 
           Sec. 3.  [EFFECTIVE DATE; APPLICABILITY.] 
           Sections 1 and 2 are effective the day following final 
        enactment and apply to decisions issued by informal dispute 
        settlement mechanisms on or after that date. 
           Presented to the governor April 17, 1995 
           Signed by the governor April 19, 1995, 2:10 p.m.