1.1 	A bill for an act
1.2 	relating to commerce; regulating auto body repairs; imposing a registration 
1.3 	requirement; appropriating money;proposing coding for new law in Minnesota 
1.4 	Statutes, chapter 325F.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [325F.661] AUTO BODY REPAIR BUSINESS REGISTRATION 
1.7 	REQUIREMENT.
1.8 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in this 
1.9 	subdivision have the meanings given them.
1.10 	(b) "Auto body repair business" means each location operated by a person who, for 
1.11 	compensation, engages in the business of repairing, removing, installing, or painting 
1.12 	integral component parts of a chassis or body of a motor vehicle.
1.13 	(c) "Commissioner" means the commissioner of commerce. 
1.14 	(d) "Motor vehicle" means a motor vehicle as defined in section 168.002, subdivision 
1.15 	18. 
1.16 	(e) "Person" means an individual, corporation, business, trust, partnership, limited 
1.17 	liability company, or joint venture, or any other legal or commercial entity.
1.18 		Subd. 2. Registration requirement. (a) It is unlawful for a person to transact 
1.19 	business in this state as an auto body repair business unless the person is registered under 
1.20 	this section as an auto body repair business or is exempt from registration as an auto 
1.21 	body repair business under paragraph (b).
1.22 	(b) The following persons are exempt from the registration requirement of this 
1.23 	section:
2.1 	(1) a person who conducts auto body repair services as a function of a vehicle fleet 
2.2 	operation or who conducts auto body repair services for a single commercial entity; and
2.3 	(2) a person who specializes solely in a particular auto body repair service including 
2.4 	paintless dent repair, bumper repair service, wheel reconditioning, leather and vinyl repair, 
2.5 	air bag replacement, rust proofing, four wheel alignment, air conditioning services, 
2.6 	mechanical repairs and structural frame repairs, or glass replacement service are not 
2.7 	required to register as an auto body repair business. 
2.8 		Subd. 3. Registration process. A person seeking to register must submit an 
2.9 	application for registration to the commissioner in a form prescribed by the commissioner. 
2.10 	The application must be in the name of the individual and signed or otherwise 
2.11 	authenticated by the applicant under penalty of perjury, and must state or contain:
2.12 	(1) the name of the applicant and the address or addresses of the applicant's auto 
2.13 	body repair facility or facilities; and the name under which the auto body repair business 
2.14 	operates along with telephone number and electronic mail address; and 
2.15 	(2) the state tax identification number of the auto body repair business.
2.16 		Subd. 4.Renewals. An auto body repair business shall apply to renew a registration 
2.17 	by submitting an application for renewal in a form prescribed by the commissioner. 
2.18 	The application for renewal must be signed by the applicant and must contain current 
2.19 	information on all matters required in an original registration.
2.20 		Subd. 5.Term. An auto body repair business registration or a renewal of a 
2.21 	registration is valid for two years.
2.22 		Subd. 6.Registration and renewal fees. An application for registration must 
2.23 	be accompanied by a $50 fee. An application for renewal of registration must be 
2.24 	accompanied by a $40 fee.
2.25 		Subd. 7.Roster of registered auto body repair business. The commissioner shall 
2.26 	maintain a roster of currently registered auto body repair businesses that is available 
2.27 	electronically via the department's Web site.
2.28 		Subd. 8.Registration number on insurance claim settlement. Upon processing a 
2.29 	claim for repairs with an auto body repair business, an adjuster or insurer shall maintain a 
2.30 	record of the auto body repair business registration number in the insurance company's 
2.31 	file. An insurer will be deemed to have made reasonable efforts to determine whether the 
2.32 	auto body repair business is registered if the insurer has reviewed the roster of registered 
2.33 	shops maintained by the commissioner pursuant to subdivision 7.

2.34 	EFFECTIVE DATE. This section is effective January 1, 2012.

2.35 	Sec. 2. APPROPRIATION.
 3.1 	$....... is appropriated from the general fund to the commissioner of commerce for 
3.2 	the purposes of this act.