Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 267-S.F.No. 2170 
                  An act relating to recreational vehicles; exempting 
                  licensed sellers of certain trailers from certain 
                  contract or franchise requirements; exempting dealers 
                  in certain trailers from the prohibition against sale 
                  of motor vehicles on Sunday; amending Minnesota 
                  Statutes 1996, sections 168.27, subdivision 22; and 
                  168.275. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 168.27, 
        subdivision 22, is amended to read: 
           Subd. 22.  [MOTORIZED BICYCLES, BOAT AND SNOWMOBILE 
        TRAILERS.] Any person, copartnership, or corporation having a 
        permanent enclosed commercial building or structure either owned 
        in fee or leased and engaged in the business, either exclusively 
        or in addition to any other occupation, of selling motorized 
        bicycles, boat trailers, horse trailers, or snowmobile trailers, 
        may apply to the registrar for a dealer's license.  Upon payment 
        of a $10 fee the registrar shall license the applicant as a 
        dealer for the remainder of the calendar year in which the 
        application was received.  Thereafter the license may be renewed 
        on or before the second day of January of each year by payment 
        of a fee of $10.  The registrar shall issue to each dealer, upon 
        request of the dealer, dealer plates as provided in subdivision 
        16 upon payment of $5 for each plate, and the plates may be used 
        in the same manner and for the same purposes as is provided in 
        subdivision 16.  Except for motorized bicycle dealers, the 
        registrar shall also issue to the dealer, upon request of the 
        dealer, "in transit" plates as provided in subdivision 17 upon 
        payment of a fee of $5 for each plate.  This subdivision shall 
        not be construed to abrogate any of the provisions of this 
        section as the same relates to the duties, responsibilities, and 
        requirements of persons, copartnerships, or corporations engaged 
        in the business, either exclusively or in addition to other 
        occupations, of selling motor vehicles or manufactured homes, 
        except that a seller of boat trailers, utility trailers, or 
        snowmobile trailers who is licensed under this subdivision is 
        not required to have a contract or franchise with a manufacturer 
        or distributor of new boat trailers, utility trailers, or new 
        snowmobile trailers the seller proposes to sell, broker, 
        wholesale, or auction.  This section shall not be construed to 
        require a manufacturer of snowmobile trailers whose 
        manufacturing facility is located outside of the metropolitan 
        area as defined in section 473.121 to have a dealer's license to 
        transport the snowmobile trailers to dealers or retail outlets 
        in the state. 
           Sec. 2.  Minnesota Statutes 1996, section 168.275, is 
        amended to read: 
           168.275 [SALE OF MOTOR VEHICLES ON SUNDAY FORBIDDEN.] 
           Any person who shall carry on or engage in the business of 
        buying, selling, exchanging, dealing in or trading in new or 
        used motor vehicles; or who shall open any place of business or 
        lot wherein the person attempts to or does engage in the 
        business of buying, selling, exchanging, dealing or trading in 
        new or used motor vehicles; or who does buy, sell, exchange, 
        deal or trade in new or used motor vehicles as a business on the 
        first day of the week, commonly known and designated as Sunday, 
        is guilty of a misdemeanor for the first offense, and a gross 
        misdemeanor for each succeeding offense.  Such a person upon 
        conviction for the first offense shall pay a fine not to exceed 
        $700 or be imprisoned for a period of not more than ten days; 
        and for the second offense shall pay a fine not to exceed $3,000 
        or be imprisoned for a period of not more than 30 days or both; 
        and for the third or each subsequent offense shall pay a fine of 
        not more than $3,000 or be imprisoned for a period of not more 
        than six months or both.  This section does not apply to the 
        sale of (1) trailers designed and used primarily to transport 
        watercraft, as defined in section 86B.005, subdivision 18, (2) 
        trailers designed and used primarily to transport all-terrain 
        vehicles, as defined in section 84.92, subdivision 8, (3) 
        trailers designed and used primarily to transport snowmobiles as 
        defined in section 84.81, subdivision 3, or (4) utility trailers 
        as defined in section 168.27, subdivision 20. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Section 2 is effective the day following final enactment. 
           Presented to the governor March 3, 1998 
           Signed by the governor March 5, 1998, 10:55 a.m.