Bill Text: MN SF1189 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Auto body repair business registration requirement and appropriation
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-04-14 - Referred to Commerce and Consumer Protection [SF1189 Detail]
Download: Minnesota-2011-SF1189-Introduced.html
1.2relating to commerce; regulating auto body repairs; imposing a registration
1.3requirement; appropriating money;proposing coding for new law in Minnesota
1.4Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325F.661] AUTO BODY REPAIR BUSINESS REGISTRATION
1.7REQUIREMENT.
1.8 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
1.9subdivision have the meanings given them.
1.10(b) "Auto body repair business" means each location operated by a person who, for
1.11compensation, engages in the business of repairing, removing, installing, or painting
1.12integral 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
1.1518.
1.16(e) "Person" means an individual, corporation, business, trust, partnership, limited
1.17liability 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
1.19business in this state as an auto body repair business unless the person is registered under
1.20this section as an auto body repair business or is exempt from registration as an auto
1.21body repair business under paragraph (b).
1.22(b) The following persons are exempt from the registration requirement of this
1.23section:
2.1(1) a person who conducts auto body repair services as a function of a vehicle fleet
2.2operation 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
2.4paintless dent repair, bumper repair service, wheel reconditioning, leather and vinyl repair,
2.5air bag replacement, rust proofing, four wheel alignment, air conditioning services,
2.6mechanical repairs and structural frame repairs, or glass replacement service are not
2.7required to register as an auto body repair business.
2.8 Subd. 3. Registration process. A person seeking to register must submit an
2.9application for registration to the commissioner in a form prescribed by the commissioner.
2.10The application must be in the name of the individual and signed or otherwise
2.11authenticated 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
2.13body repair facility or facilities; and the name under which the auto body repair business
2.14operates 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
2.17by submitting an application for renewal in a form prescribed by the commissioner.
2.18The application for renewal must be signed by the applicant and must contain current
2.19information on all matters required in an original registration.
2.20 Subd. 5. Term. An auto body repair business registration or a renewal of a
2.21registration is valid for two years.
2.22 Subd. 6. Registration and renewal fees. An application for registration must
2.23be accompanied by a $50 fee. An application for renewal of registration must be
2.24accompanied by a $40 fee.
2.25 Subd. 7. Roster of registered auto body repair business. The commissioner shall
2.26maintain a roster of currently registered auto body repair businesses that is available
2.27electronically via the department's Web site.
2.28 Subd. 8. Registration number on insurance claim settlement. Upon processing a
2.29claim for repairs with an auto body repair business, an adjuster or insurer shall maintain a
2.30record of the auto body repair business registration number in the insurance company's
2.31file. An insurer will be deemed to have made reasonable efforts to determine whether the
2.32auto body repair business is registered if the insurer has reviewed the roster of registered
2.33shops maintained by the commissioner pursuant to subdivision 7.
2.34EFFECTIVE DATE.This section is effective January 1, 2012.
2.35 Sec. 2. APPROPRIATION.
3.1$....... is appropriated from the general fund to the commissioner of commerce for
3.2the purposes of this act.
1.3requirement; appropriating money;proposing coding for new law in Minnesota
1.4Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325F.661] AUTO BODY REPAIR BUSINESS REGISTRATION
1.7REQUIREMENT.
1.8 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
1.9subdivision have the meanings given them.
1.10(b) "Auto body repair business" means each location operated by a person who, for
1.11compensation, engages in the business of repairing, removing, installing, or painting
1.12integral 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
1.1518.
1.16(e) "Person" means an individual, corporation, business, trust, partnership, limited
1.17liability 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
1.19business in this state as an auto body repair business unless the person is registered under
1.20this section as an auto body repair business or is exempt from registration as an auto
1.21body repair business under paragraph (b).
1.22(b) The following persons are exempt from the registration requirement of this
1.23section:
2.1(1) a person who conducts auto body repair services as a function of a vehicle fleet
2.2operation 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
2.4paintless dent repair, bumper repair service, wheel reconditioning, leather and vinyl repair,
2.5air bag replacement, rust proofing, four wheel alignment, air conditioning services,
2.6mechanical repairs and structural frame repairs, or glass replacement service are not
2.7required to register as an auto body repair business.
2.8 Subd. 3. Registration process. A person seeking to register must submit an
2.9application for registration to the commissioner in a form prescribed by the commissioner.
2.10The application must be in the name of the individual and signed or otherwise
2.11authenticated 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
2.13body repair facility or facilities; and the name under which the auto body repair business
2.14operates 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
2.17by submitting an application for renewal in a form prescribed by the commissioner.
2.18The application for renewal must be signed by the applicant and must contain current
2.19information on all matters required in an original registration.
2.20 Subd. 5. Term. An auto body repair business registration or a renewal of a
2.21registration is valid for two years.
2.22 Subd. 6. Registration and renewal fees. An application for registration must
2.23be accompanied by a $50 fee. An application for renewal of registration must be
2.24accompanied by a $40 fee.
2.25 Subd. 7. Roster of registered auto body repair business. The commissioner shall
2.26maintain a roster of currently registered auto body repair businesses that is available
2.27electronically via the department's Web site.
2.28 Subd. 8. Registration number on insurance claim settlement. Upon processing a
2.29claim for repairs with an auto body repair business, an adjuster or insurer shall maintain a
2.30record of the auto body repair business registration number in the insurance company's
2.31file. An insurer will be deemed to have made reasonable efforts to determine whether the
2.32auto body repair business is registered if the insurer has reviewed the roster of registered
2.33shops maintained by the commissioner pursuant to subdivision 7.
2.34EFFECTIVE DATE.This section is effective January 1, 2012.
2.35 Sec. 2. APPROPRIATION.
3.1$....... is appropriated from the general fund to the commissioner of commerce for
3.2the purposes of this act.
