Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF950 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to motor vehicles; providing notice requirements related to salvage vehicle​
33 1.3 auctions; authorizing insurers to apply for vehicle title when vehicle is acquired​
44 1.4 through payment of damages; proposing coding for new law in Minnesota Statutes,​
55 1.5 chapter 168A.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 Section 1. [168A.1502] INSURER APPLICATION FOR TITLE.​
88 1.8 (a) When an insurer licensed to conduct business in Minnesota acquires ownership of a​
99 1.9vehicle through payment of damages and the owner fails to deliver the vehicle's title to the​
1010 1.10insurer within 15 days of payment of the claim, the insurer or a designated agent may apply​
11-1.11to the commissioner for a certificate of title as provided in this section. This section only
12-1.12applies to vehicles with a title issued by this state.​
13-1.13 (b) At least 15 days prior to applying for a certificate of title under this section, the
14-1.14insurer or a designated agent must notify the owner and any lienholders of record of the
15-1.15insurer's intent to apply for a title. The notice must be sent to the last known address of the
16-1.16owner and any lienholders by certified mail or by a commercial delivery service that provides
17-1.17evidence of delivery.​
11+1.11to the commissioner for a certificate of title, salvage title, or prior salvage title as provided​
12+1.12in this section. This section only applies to vehicles with a title issued by this state.​
13+1.13 (b) At least 15 days prior to applying for a certificate of title, salvage title, or prior salvage
14+1.14title under this section, the insurer or a designated agent must notify the owner and any​
15+1.15lienholders of record of the insurer's intent to apply for a title. The notice must be sent to​
16+1.16the last known address of the owner and any lienholders by certified mail or by a commercial​
17+1.17delivery service that provides evidence of delivery.​
1818 1.18 (c) At least 15 days after notifying the owner and any lienholders under paragraph (b),​
19-1.19the insurer may apply for a certificate of title from the commissioner. The application must
20-1.20attest that the insurer or a designated agent:​
19+1.19the insurer may apply for a certificate of title, salvage title, or prior salvage title from the​
20+1.20commissioner. The application must attest that the insurer or a designated agent:​
2121 1.21 (1) paid the claim;​
2222 1.22 (2) requested the title or other necessary transfer documents from the owner; and​
2323 1​Section 1.​
24-S0950-1 1st EngrossmentSF950 REVISOR KRB​
24+25-00253 as introduced12/06/24 REVISOR KRB/BM
2525 SENATE​
2626 STATE OF MINNESOTA​
2727 S.F. No. 950​NINETY-FOURTH SESSION​
2828 (SENATE AUTHORS: JASINSKI)​
2929 OFFICIAL STATUS​D-PG​DATE​
30-Introduction and first reading​261​02/03/2025​
31-Referred to Transportation​
32-Comm report: To pass as amended and re-refer to Commerce and Consumer Protection​02/13/2025​ 2.1 (3) provided notice to the owner and any lienholders as required under paragraph (b).​
30+Introduction and first reading​02/03/2025​
31+Referred to Transportation​ 2.1 (3) provided notice to the owner and any lienholders as required under paragraph (b).​
3332 2.2If the insurer or a designated agent does not attest to completing the requirements under​
3433 2.3clauses (1) to (3), the commissioner must reject the application.​
3534 2.4 (d) Notwithstanding any outstanding liens, upon proper application, the commissioner​
3635 2.5must issue a certificate of title, salvage title, or prior salvage title in the name of the insurer.​
3736 2.6Issuance of a certificate of title, salvage title, or prior salvage title extinguishes all existing​
3837 2.7liens against the vehicle. If the vehicle is sold, the insurer or a designated agent must assign​
3938 2.8the title to the buyer, and the vehicle is transferred without any liens.​
4039 2.9 Sec. 2. [168A.1503] REQUIREMENTS UPON UNPAID INSURANCE VEHICLE​
4140 2.10CLAIM.​
4241 2.11 Subdivision 1.Definition.For purposes of this section, "salvage vehicle auction​
4342 2.12company" or "auction company" means a business, organization, or individual that sells​
4443 2.13salvage vehicles on behalf of insurers.​
4544 2.14 Subd. 2.Notice to auction company.(a) If an insurance company licensed to conduct​
4645 2.15business in Minnesota requests an auction company to take possession of a salvage vehicle​
4746 2.16that is subject to an insurance claim and the insurance company does not subsequently take​
4847 2.17ownership of the vehicle, the insurance company may direct the auction company to release​
4948 2.18the vehicle to the owner or lienholder.​
5049 2.19 (b) The insurance company must provide the auction company notice by commercial​
5150 2.20delivery service, email, or a proprietary electronic system accessible by both the insurance​
5251 2.21company and the auction company authorizing the auction company to release the vehicle​
5352 2.22to the vehicle's owner or lienholder.​
5453 2.23 Subd. 3.Notice to owner or lienholder.(a) Upon receiving notice from an insurance​
5554 2.24company, the auction company must send two notices a minimum of 14 days apart to the​
5655 2.25owner of the vehicle and any lienholders stating that the vehicle is available to be recovered​
5756 2.26from the auction company within 30 days of the date on which the first notice was sent.​
5857 2.27Each notice must include an invoice for any outstanding charges owed to the auction company​
5958 2.28that must be paid before the vehicle may be recovered.​
6059 2.29 (b) Notice under this subdivision must be sent to the address of the owner and any​
61-2.30lienholder on record with the commissioner by certified mail or a commercially available​
60+2.30lienholder on record with the department by certified mail or a commercially available​
6261 2.31delivery service that provides proof of delivery.​
6362 2.32 Subd. 4.Vehicle deemed abandoned.(a) If the owner or any lienholder does not recover​
6463 2.33the vehicle within 30 days of the date on which the first notice was sent under subdivision​
6564 2​Sec. 2.​
66-S0950-1 1st EngrossmentSF950 REVISOR KRB​ 3.13, (1) the vehicle is considered abandoned, (2) the vehicle's certificate of title is deemed​
65+25-00253 as introduced12/06/24 REVISOR KRB/BM​ 3.13, (1) the vehicle is considered abandoned, (2) the vehicle's certificate of title is deemed​
6766 3.2assigned to the auction company, and (3) without surrendering the certificate of title, the​
68-3.3auction company may request, on a form provided by the commissioner, that the​
69-3.4commissioner issue a certificate of title that is free of liens.​
67+3.3auction company may request, on a form provided by the department, that the department
68+3.4issue a certificate of title that is free of liens and bears a salvage or prior salvage brand.​
7069 3.5 (b) A request under paragraph (a) must be accompanied by a copy of (1) the notice sent​
7170 3.6by the insurance company required under subdivision 2, and (2) evidence of delivery of the​
7271 3.7notices sent to the owner and any lienholders required under subdivision 3 or evidence that​
7372 3.8the notices were undeliverable.​
7473 3.9 (c) Notwithstanding any outstanding liens against the vehicle, upon receipt of any fees​
75-3.10charged under section 168A.29, the commissioner must issue a certificate of title that is​
76-3.11free of liens and bears a salvage or prior salvage brand to the auction company in possession​
77-3.12of the vehicle.​
74+3.10charged under section 168A.29, the department must issue a certificate of title that is free
75+3.11of liens and bears a salvage or prior salvage brand to the auction company in possession of
76+3.12the vehicle.​
7877 3​Sec. 2.​
79-S0950-1 1st EngrossmentSF950 REVISOR KRB​
78+25-00253 as introduced12/06/24 REVISOR KRB/BM