HF 493

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 10:56am

A bill for an act
relating to motor vehicles; authorizing alternative site for keeping motor vehicle
dealer records; modifying provision related to motor vehicle registration;
adding provision relating to treatment of vehicle history information; amending
Minnesota Statutes 2010, sections 168.017, subdivision 3; 168A.11, subdivision
4; 325F.6642, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 168.017, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The registrar shall register all vehicles subject to
registration under the monthly series system for a period of 12 consecutive calendar
months, unless:

(1) the application is an original rather than renewal application; or

(2) the applicant is a licensed motor vehicle lessor under section 168.27 and the
vehicle is leased or rented for periods of time of not more than 28 days, in which case the
applicant may apply for initial or renewed registration of a vehicle for a period of four
or more months, the month of expiration to be designated by the applicant at the time of
registration. However, to qualify for this exemption, the applicant must (1) present the
application to the registrar at St. Paul, or a designated deputy registrar office, and (2)
stamp in red, on the certificate of title, the phrase "The expiration month of this vehicle
is ....." with the blank filled in with the month of expiration as if the vehicle is being
registered for a period of 12 calendar months. Subsequent registration periods when the
applicant is not a qualified motor vehicle lessor under this subdivision must be for a period
of 12 months commencing from the last month for which registration was issued.

(b) In any instance except that of a licensed motor vehicle lessor, the registrar shall
not approve registering the vehicle subject to the application for a period of less than three
months, except when the registrar determines that to do otherwise will help to equalize
the registration and renewal work load of the department.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to all
applications for registration filed on or after that date.

Sec. 2.

Minnesota Statutes 2010, section 168A.11, subdivision 4, is amended to read:

Subd. 4.

Centralized record keeping.

Three or more new motor vehicle dealers
under common management or control may designate to the department in writing a single
location for maintaining the records required by this section that are more than 12 months
old. The records must be open to inspection by a representative of the department or a
peace officer during reasonable business hours. The location must be at the established
place of business of one of the affiliated dealers or at a location within Minnesota not
further than 25 miles from the established place of business of one of the affiliated dealers.
(a) A new motor vehicle dealer may apply to the department in writing for permission
to maintain the records required by this section and section 168.27, subdivision 10,
paragraph (a), clause (1)(i), at a location within the state of Minnesota other than the
dealer's licensed place of business. The department shall not unreasonably withhold its
consent to the application. The records must be open to inspection by a representative of
the department or a peace officer during reasonable business hours.

(b) If original certificates of title are routinely maintained at an alternative location
as provided in this subdivision and the original title is not present for a vehicle when it is
sold to a retail purchaser, then:

(1) if the dealer has received and is holding the original certificate of title for the
vehicle being sold at the alternative location, the dealer shall provide the purchaser with
a photocopy of the face and reverse of the title and a written disclosure containing at a
minimum the following information:

(i) the vehicle has a certificate of title;

(ii) the title is at the alternative location;

(iii) the title will be surrendered to the department;

(iv) a copy of the title is attached;

(v) the title may display important information about the vehicle and its mileage; and

(vi) the buyer may wish to review the title before completing the sale; or

(2) if the dealer has not received the original certificate of title, the dealer shall
provide the purchaser with a written disclosure containing at a minimum the following
information:

(i) the vehicle has a certificate of title;

(ii) the title is currently unavailable and may be in transit to the alternative location;

(iii) the title will be surrendered to the department;

(iv) the title may display important information about the vehicle and its mileage; and

(v) the dealer may be required to provide the buyer with separate disclosures about
vehicle damage and odometer mileage.

Sec. 3.

Minnesota Statutes 2010, section 325F.6642, is amended by adding a
subdivision to read:

Subd. 9.

Self-insured fleet owners; reporting.

(a) For the purposes of this
subdivision, the following terms have the meanings given them:

(1) "Self-insured fleet owner" means a vehicle owner who maintains reparation
security for ten or more passenger vehicles principally garaged in Minnesota through
self-insurance as provided in section 65B.48, subdivision 3.

(2) "Motor vehicle data consolidator" means the operator of a National Motor
Vehicle Title Information System under United States Code, title 49, section 30502,
subsection (b), or the operator's designee, and commercial providers of motor vehicle title,
odometer, and damage history.

(3) "Motor vehicle history information" means data maintained by a self-insured fleet
owner concerning motor vehicle damage and repair, odometer reports, and title legends.

(b) A self-insured fleet owner shall provide motor vehicle history information to
a motor vehicle data consolidator upon reasonable request in machine-readable format
and under terms and conditions that such history information is usually provided by
insurance carriers.