piers109uk/MN-Statutes huggingface dataset:
325M.20 ATTORNEY GENERAL ENFORCEMENT.
(a) In the event that a controller or processor violates sections 325M.10 to 325M.21, the attorney general, prior to filing an enforcement action under paragraph (b), must provide the controller or processor with a warning letter identifying the specific provisions of sections 325M.10 to 325M.21 the attorney general alleges have been or are being violated. If, after 30 days of issuance of the warning letter, the attorney general believes the controller or processor has failed to cure any alleged violation, the attorney general may bring an enforcement action under paragraph (b). This paragraph expires January 31, 2026.
(b) The attorney general may bring a civil action against a controller or processor to enforce a provision of sections 325M.10 to 325M.21 in accordance with section 8.31. If the state prevails in an action to enforce sections 325M.10 to 325M.21, the state may, in addition to penalties provided by paragraph (c) or other remedies provided by law, be allowed an amount determined by the court to be the reasonable value of all or part of the state's litigation expenses incurred.
(c) Any controller or processor that violates sections 325M.10 to 325M.21 is subject to an injunction and liable for a civil penalty of not more than $7,500 for each violation.
(d) Nothing in sections 325M.10 to 325M.21 establishes a private right of action, including under section 8.31, subdivision 3a, for a violation of sections 325M.10 to 325M.21 or any other law.
325F.21 TESTING OF INSULATION.
Upon the adoption of specifications under section 325F.20, subdivision 1, all insulation used or offered for sale in Minnesota shall be tested in accordance with testing procedures required under those specifications by a laboratory qualified to test thermal insulation.
The commissioner shall purchase from time to time unopened insulation packages which shall be sent to an approved testing laboratory to test for compliance with the specifications established under section 325F.20, subdivision 1.
325K.19 SATISFACTION OF SIGNATURE REQUIREMENTS.
(a) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:
(1)(i) the digital signature is that of a public or local official as defined in section 10A.01, subdivisions 22 and 35, on government records described in section 15.17; or
(ii) no party affected by a digital signature objects to the use of digital signatures in lieu of a signature, and the objection may be evidenced by refusal to provide or accept a digital signature;
(2) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;
(3) that digital signature was affixed by the signer with the intention of signing the message and after the signer has had an opportunity to review items being signed; and
(4) the recipient has no knowledge or notice that the signer either:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(b) However, nothing in this chapter precludes a mark from being valid as a signature under other applicable law.
325G.41 DEFINITIONS AND COMPUTATIONS.
Except as otherwise provided, the terms used in sections 325G.40 to 325G.47 have the meanings prescribed in Code of Federal Regulations, title 12, part 226. Except as otherwise provided, the computations required under sections 325G.40 to 325G.47 shall be made as provided in Code of Federal Regulations, title 12, part 226.
"Credit card application" means any written form, document, or material distributed by or on behalf of a creditor and designed to be used by a consumer to request or accept the issuance of a credit card.
"Creditor" includes any credit card issuer that extends either open-end credit or credit that is not subject to a finance charge and is not payable in installments.
326B.098 CONTINUING EDUCATION.
This section applies to seminars offered by the department for the purpose of enabling licensees to meet continuing education requirements for license renewal.
An individual who is registered with the department to attend a seminar may reschedule one time only, to attend the same seminar on a date within one year after the date of the seminar the individual was registered to attend.
All seminar fees paid to the department are nonrefundable except for any overpayment of fees or if the department cancels the seminar.
State agencies submitting courses for review that are intended for licensees regulated by the department are not required to pay the course approval fee. Courses must still be reviewed for appropriate credit in the designated license discipline. The department will act as sponsor for courses submitted by state agencies that are approved for continuing education.
326.15 FALSE IMPERSONATION.
It shall be unlawful for any person to present or attempt to use as the person's own the seal or certificate of another, or to give false or forged evidence of any kind to the board, or any member thereof, or to falsely impersonate any licensee or certificate holder of like or different name, or to use or attempt to use as the person's own the license of another issued by any authority outside of this state, or to use or attempt to use an expired or revoked or suspended license.
325K.20 UNRELIABLE DIGITAL SIGNATURES.
Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. If the recipient determines not to rely on a digital signature under this section, the recipient must promptly notify the signer of any determination not to rely on a digital signature and the grounds for that determination. Nothing in this chapter shall be construed to obligate a person to accept a digital signature or to respond to an electronic message containing a digital signature.
325M.21 PREEMPTION OF LOCAL LAW; SEVERABILITY.
(a) Sections 325M.10 to 325M.21 supersede and preempt laws, ordinances, regulations, or the equivalent adopted by any local government regarding the processing of personal data by controllers or processors.
(b) If any provision of sections 325M.10 to 325M.21 or the application of sections 325M.10 to 325M.21 to any person or circumstance is held invalid, the remainder of sections 325M.10 to 325M.21 or the application of the provision to other persons or circumstances is not affected.
325M.30 CITATION.
Sections 325M.30 to 325M.34 may be cited as the "Prohibiting Social Media Manipulation Act."
327C.15 REMEDIES; PENALTIES; ENFORCEMENT.
Any violation of sections 327C.015 to 327C.14 is a violation of a law referred to in section 8.31, subdivision 1.
327C.16 CLASS I MANUFACTURED HOME PARK.
(a) To qualify as a class I manufactured home park, as defined in section 327C.015, subdivision 2, a park owner, or on-site attendant as an employee of the manufactured home park, must satisfy 12 hours of qualifying education courses every three years, as prescribed in this subdivision. Park owners or on-site attendants may begin accumulating qualifying hours to qualify as a class I manufactured home park beginning in 2017.
(b) The qualifying education courses required for classification under this subdivision must be continuing education courses approved by the Department of Labor and Industry or the Department of Commerce for:
(1) continuing education in real estate; or
(2) continuing education for residential contractors and manufactured home installers.
(c) The qualifying education courses must include:
(1) two hours on fair housing, approved for real estate licensure or residential contractor licensure;
(2) one hour on the Americans with Disabilities Act, approved for real estate licensure or residential contractor licensure;
(3) four hours on legal compliance related to any of the following: landlord/tenant, licensing requirements, or home financing under chapters 58, 327, 327B, 327C, and 504B, and Minnesota Rules, chapter 1350 or 4630;
(4) three hours of general education approved for real estate, residential contractors, or manufactured home installers; and
(5) two hours of HUD-specific manufactured home installer courses as required under section 327B.041.
(d) If the qualifying owner or employee attendant is no longer the person meeting the requirements under this subdivision, but did qualify during the current assessment year, then the manufactured home park shall still qualify for the class rate provided for class 4c property classified under section 273.13, subdivision 25, paragraph (d), clause (5), item (iii).
(a) A park owner that has met the requirements of subdivision 1 shall provide an affidavit to the park owner's county assessor certifying that the park owner, corporate officer, or on-site attendant has complied with subdivision 1 and that the park meets the definition of a class I manufactured home park as defined in this section, and is entitled to the property tax classification rate for class I manufactured home parks in section 273.13, subdivision 25. The park owner shall retain the original course completion certificates issued by the course sponsor under this section for three years and, upon written request for verification, provide these to the county assessor within 30 days.
(b) A park owner must provide the county assessor written notice of any change in compliance status of the manufactured home park no later than December 15 of the assessment year.
325K.21 DIGITALLY SIGNED DOCUMENT IS WRITTEN.
(a) A message is as valid, enforceable, and effective as if it had been written on paper, if it:
(1) bears in its entirety a digital signature; and
(2) that digital signature is verified by the public key listed in a certificate that:
(i) was issued by a licensed certification authority; and
(ii) was valid at the time the digital signature was created.
(b) Nothing in this chapter shall be construed to eliminate, modify, or condition any other requirements for a contract to be valid, enforceable, and effective. No digital message shall be deemed to be an instrument under the provisions of section 336.3-104 unless all parties to the transaction agree.
325F.25 DEFINITIONS.
Unless the language or context clearly indicates that a different meaning is intended, the words, terms and phrases defined in this section, for the purposes of sections 325F.25 to 325F.32, shall be given the meanings subjoined to them.
"Bedding" means any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and made for use in sleeping or reclining purposes.
"Person" includes individuals, corporations, partnerships, joint stock companies, or other business associations who are manufacturers or dealers in bedding.
"New" means any material or article that has not previously been used in the manufacture of bedding articles, or for any other purpose.
The term "secondhand" means any material or article that has been previously used in the manufacture of bedding or for any other purpose.
"Shoddy" means any material that has been spun into yarn, knit or woven into fabric and subsequently cut up, broken up, or ground up.
325M.34 ENFORCEMENT AUTHORITY.
(a) The attorney general may investigate and bring an action against a social media platform for an alleged violation of section 325M.33.
(b) Nothing in sections 325M.30 to 325M.34 creates a private cause of action in favor of a person injured by a violation of section 325M.33.
325G.46 ALTERNATIVE COMPLIANCE.
In lieu of complying with section 325G.42, subdivision 2, a creditor, in connection with the distribution of a credit card application, may disclose the specific terms of section 325G.42 in compliance with Code of Federal Regulations, title 12, part 226.5.
325K.26 RULEMAKING.
The secretary may adopt rules effective July 1, 1998, to implement this chapter.
325F.664 NEW MOTOR VEHICLE DAMAGE DISCLOSURES.
For the purposes of this section, the term "new motor vehicle" means a motor vehicle as defined in section 80E.03, subdivision 7, including vehicles driven for demonstration purposes.
(a) Before the sale of a new motor vehicle, a dealer must disclose and describe to the buyer, in a clear and conspicuous written statement and orally in the course of the sales presentation, any damage to the vehicle of which the dealer had actual knowledge, if the dealer's cost of repairs exceeded four percent of the manufacturer's suggested retail price, or $500, whichever is greater.
(b) A manufacturer, distributor, or importer must disclose and describe to its franchised dealers, in a clear and conspicuous written statement, any repaired damage exceeding four percent of the manufacturer's suggested retail price, or $500, whichever is greater.
(c) Damaged or stolen glass, tires, wheels, bumpers, radios, and in-dash audio components are excluded from the disclosure requirements of this subdivision if the damaged or stolen parts are replaced with identical manufacturer's original equipment.
325K.25 RECOGNITION OF REPOSITORIES.
The secretary must recognize one or more repositories, after finding that a repository to be recognized:
(1) is operated under the direction of a licensed certification authority;
(2) includes a database containing:
(i) certificates published in the repository;
(ii) notices of suspended or revoked certificates published by licensed certification authorities or other persons suspending or revoking certificates;
(iii) certification authority disclosure records for licensed certification authorities;
(iv) all orders published by the secretary in regulating certification authorities; and
(v) other information adopted by rule by the secretary;
(3) operates by means of a trustworthy system;
(4) contains no significant amount of information that is known or likely to be untrue, inaccurate, or not reasonably reliable;
(5) contains certificates published by certification authorities that conform to legally binding requirements that the secretary finds to be substantially similar to, or more stringent toward the certification authorities, than those of this state; and
(6) keeps an archive of certificates that have been suspended or revoked, or that have expired, within at least the past three years.
A repository may apply to the secretary for recognition by filing a written request and providing evidence to the secretary sufficient for the secretary to find that the conditions for recognition are satisfied.
A repository may discontinue its recognition by filing 30 days' written notice with the secretary. In addition, the secretary may discontinue recognition of a repository in accordance with the Administrative Procedure Act, chapter 14, if it concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted by the secretary.
325F.35 DEFINITIONS.
Unless the language or context clearly indicates that a different meaning is intended, the words, terms and phrases defined in this section, for the purposes of sections 325F.35 to 325F.39, shall be given the meanings subjoined to them.
"Cotton duck" or "canvas" includes all cotton duck or canvas, whether single filling, double filling, army roll, or wide duck.
The equivalent of 36 inches in length by 29 inches in width, or 7-1/4 square feet, of cotton duck or canvas shall constitute a yard.
An "ounce" shall be 1/16 of a pound avoirdupois.
325M.32 SCOPE; EXCLUSIONS.
(a) A social media platform is subject to sections 325M.30 to 325M.34 if the social media platform:
(1) does business in Minnesota or provides products or services that are targeted to residents of Minnesota; and
(2) has more than 10,000 monthly active account holders located in Minnesota.
(b) For purposes of sections 325M.30 to 325M.34, a social media platform may determine whether an account holder is located in Minnesota based on:
(1) the account holder's own supplied address or location;
(2) global positioning system-level latitude, longitude, or altitude coordinates;
(3) cellular phone system coordinates;
(4) Internet protocol device address; or
(5) other mechanisms that can be used to identify an account holder's location.
325K.22 DIGITALLY SIGNED ORIGINALS.
A copy of a digitally signed message is as effective, valid, and enforceable as the original of the message, unless it is evident that the signer designated an instance of the digitally signed message to be a unique original, in which case only that instance constitutes the valid, effective, and enforceable message.
327.202 STATE FAIR LIVESTOCK AND MIDWAY EXHIBITORS.
During the State Fair, a person may sleep in a vehicle in a designated State Fairgrounds parking lot if the vehicle displays a valid exhibitor parking permit.
325K.23 ACKNOWLEDGMENTS.
Unless otherwise provided by law or contract, a certificate issued by a licensed certification authority satisfies the requirement for an acknowledgment pursuant to section 358.52 of a digital signature verified by reference to the public key listed in the certificate, regardless of whether words of an express acknowledgment appear with the digital signature and regardless of whether the signer physically appeared before the certification authority when the digital signature was created, if that digital signature is:
(1) verifiable by that certificate; and
(2) affixed when that certificate was valid.
If the digital signature is used as an acknowledgment, then the certification authority is responsible to the same extent as a notary up to any limit on liability stated in the certification authority's certification practice statement for failure to satisfy the requirements for an acknowledgment. The certification authority may not disclaim or limit, other than as provided in section 325K.17, the effect of this section.
327.201 STATE FAIR AND COUNTY FAIR CAMPING AREAS.
Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner of health, the State Agricultural Society must operate and maintain a camping area on the State Fairgrounds during the State Fair and the Minnesota Street Rod Association's Back to the 50's event, subject to the following conditions:
(1) recreational camping vehicles and tents, including their attachments, must be separated from each other and from other structures by at least seven feet;
(2) a minimum area of 300 square feet per site must be provided and the total number of sites must not exceed one site for every 300 square feet of usable land area; and
(3) each site must face a driveway at least 16 feet in width and each driveway must have unobstructed access to a public roadway.
Notwithstanding sections 327.14 to 327.28, or any rule adopted by the commissioner of health, any area maintained by a county agricultural society as a camping area during a county fair or any other event is subject to the conditions specified in subdivision 1, clauses (1) to (3).
327.205 SHELTER CONSTRUCTION STANDARDS.
The commissioner of labor and industry shall adopt, by rule, minimum standards for the construction of low cost manufactured home park storm shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be constructed in accordance with these standards.
326B.125 EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The commissioner of labor and industry may issue building-specific waivers from the State Building Code if there is conflict with a federally recognized Tribe's religious beliefs, traditional building practices, or established teachings. Both individual members of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and organizations of members of federally recognized Tribes may apply for these waivers.
(b) Waivers may only be granted for the following types of buildings:
(1) traditional residential buildings that will be used solely by an individual applicant's household or an organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant must apply to the commissioner on a form established by the commissioner. The application must:
(1) identify the building the waiver will apply to;
(2) identify the Tribe the applicant is a member of; and
(3) declare that requirements of the State Building Code conflict with religious beliefs, traditional building practices, or established teachings of the identified Tribe, which the applicant adheres to.
(d) Any building for which a waiver is granted may not be sold or leased until:
(1) the building is brought into compliance with the version of the State Building Code in force at the time of the sale or lease; or
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains a waiver under this section for the building.
325M.33 TRANSPARENCY REQUIREMENTS FOR SOCIAL MEDIA PLATFORMS.
A social media platform must publicly and conspicuously post the following information on the social media platform's website:
(1) an explanation of how the social media platform limits excessive account interactions, including:
(i) the maximum limit on the number of times that a user can engage in each specific kind of account interaction in an hour, day, week, and month; and
(ii) whether and how the platform engages in any reduction in the ability of accounts to affect other users when the user engages in a high number of account interactions that is below the maximum limit;
(2) an explanation detailing how the platform:
(i) assesses the quality of content;
(ii) assesses users' expressed preferences regarding content; and
(iii) utilizes the assessments under items (i) and (ii) in each of the social media platform's algorithmic ranking system, including how the assessments are weighted in relation to other signals in the algorithmic ranking system;
(3) statistics on the platform's use with respect to the tenth, 25th, 50th, 75th, 90th, 95th, 99th, and 99.9th percentile of all platform account holders for each distinct type of account interaction or engagement, including but not limited to:
(i) sending invitations or messages to other platform account holders;
(ii) commenting on, resharing, liking, voting for, or otherwise reacting to content;
(iii) posting new user-generated content;
(iv) disseminating user-generated content to other platform account holders; and
(v) time spent on the platform;
(4) an explanation of how the platform determines whether a notification is time sensitive and how many time-sensitive and non-time-sensitive notifications are sent to users including:
(i) how many time-sensitive and non-time-sensitive notifications are sent with respect to the tenth, 25th, 50th, 75th, 90th, 95th, 99th, and 99.9th percentile of all platform account holders in a given day; and
(ii) how many time-sensitive and non-time-sensitive notifications are sent with respect to the tenth, 25th, 50th, 75th, 90th, 95th, 99th, and 99.9th percentile of all platform account holders during each hour between the hours of 11:00 p.m. and 7:00 a.m.; and
(5) a description of all product experiments that have been conducted on 1,000 or more users, including a description of the experimental conditions and the results of the product experiment for all experimental conditions on users' viewing or engaging with content that:
(i) users indicate to be high or low quality;
(ii) users indicate complies or does not comply with the users' expressed preferences; or
(iii) violates platform policies.
325K.24 PRESUMPTIONS IN ADJUDICATING DISPUTES; LIABILITY ALLOCATION.
In adjudicating a dispute involving a digital signature, a court of this state presumes that:
(a) A certificate digitally signed by a licensed certification authority and either published in a recognized repository, or made available by the issuing certification authority or by the subscriber listed in the certificate is issued by the certification authority that digitally signed it and is accepted by the subscriber listed in it.
(b) The information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate.
(c) If a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority:
(1) that digital signature is the digital signature of the subscriber listed in that certificate;
(2) that digital signature was affixed by that subscriber with the intention of signing the message; and
(3) the recipient of that digital signature has no knowledge or notice that the signer:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(d) A digital signature was created before it was time stamped by a disinterested person utilizing a trustworthy system.
A court of this state shall give effect to liability allocations between the parties provided by contract to the extent not inconsistent with the requirements of this chapter.
325F.661 SALE OF ELECTRIC-ASSISTED BICYCLES AND OTHER ELECTRIC CYCLES.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Class 1 electric-assisted bicycle," "class 2 electric-assisted bicycle," and "class 3 electric-assisted bicycle" have the meanings given in section 169.011, subdivisions 15a, 15b, and 15c.
(c) "Electric-assisted bicycle" has the meaning given in section 169.011, subdivision 27.
(d) "Motorcycle" has the meaning given in section 169.011, subdivision 44.
(e) "Motorized bicycle" has the meaning given in section 169.011, subdivision 45.
(f) "Multiple mode electric-assisted bicycle" has the meaning given in section 169.011, subdivision 45a.
Before a purchase is completed, a seller of an electric-assisted bicycle must disclose to a consumer in written form:
(1) the maximum motor power of the electric-assisted bicycle;
(2) the maximum speed of the electric-assisted bicycle, as evaluated using a test method matching the criteria specified in Code of Federal Regulations, title 16, section 1512.2(a)(2), or successor requirements; and
(3) whether the electric-assisted bicycle is a class 1, class 2, class 3, or multiple mode electric-assisted bicycle.
(a) A seller of a motorized bicycle or motorcycle equipped with an electric motor for propulsion may not sell the vehicle or offer the vehicle for sale if it is labeled as a class 1, class 2, class 3, or multiple mode electric-assisted bicycle.
(b) Before a purchase is completed and in any advertising materials, a seller of a motorized bicycle or motorcycle equipped with an electric motor for propulsion who describes the vehicle as an "electric bicycle," "electric bike," "e-bike," or other similar term must disclose to a consumer:
(1) the name or classification of the vehicle under state law or the most likely classification following an intended or anticipated vehicle modification as defined in section 169.011, subdivision 27, paragraph (c); and
(2) the following statement:
"This vehicle is not an "electric-assisted bicycle" as defined in Minnesota law. It is instead a type of motor vehicle and subject to applicable motor vehicle laws if used on public roads or public lands. Your insurance policies might not provide coverage for crashes involving the use of this vehicle. To determine coverage, you should contact your insurance company or agent."
(c) Advertising materials under paragraph (b) include but are not limited to a website or social media post that identifies or promotes the vehicle.
(d) The disclosure under paragraph (b) must be (1) written, and (2) provided clearly and conspicuously and in a manner designed to attract the attention of a consumer.
It is an unlawful practice under section 325F.69 to advertise, offer for sale, or sell a motorized bicycle or motorcycle equipped with an electric motor for propulsion:
(1) as an electric-assisted bicycle; or
(2) using the words "electric bicycle," "electric bike," "e-bike," or other similar term without providing the disclosure required under subdivision 3.
325G.44 DAMAGES.
A person injured by a violation of section 325G.42 may recover actual damages in an action other than a class action, together with costs and disbursements, including a reasonable attorney's fee, and receive other equitable relief as determined by the court.
325G.45 FEDERAL LAW.
If a creditor becomes required by federal law to make disclosure of the terms required in section 325G.42 in connection with the distribution of a credit card application, then the creditor is considered to have complied with the requirements of section 325G.42 if the creditor complies with the federal disclosure requirement.
326B.108 PLACES OF PUBLIC ACCOMMODATION SUBJECT TO CODE.
For purposes of this section, "place of public accommodation" means a publicly or privately owned facility that is designed for occupancy by 100 or more people and is a sports or entertainment arena, stadium, theater, community or convention hall, special event center, indoor amusement facility or water park, or indoor swimming pool.
Construction, additions, and alterations to a place of public accommodation must be designed and constructed to comply with the State Building Code.
Effective July 1, 2017, in a municipality that has not adopted the code by ordinance under section 326B.121, subdivision 2, the commissioner shall enforce this section in accordance with section 326B.107, subdivision 1.
If fire protection systems regulated by chapter 299M are required in a place of public accommodation, then those plan reviews and inspections shall be conducted by the state fire marshal.
Automatic sprinkler systems for fire protection purposes are required in a place of public accommodation if, on or after August 1, 2008:
(1) the facility was constructed, added to, or altered; and
(2) the facility has an occupant load of 300 or more.
325G.43 PENALTIES.
A person violating section 325G.42 is subject to the penalties provided in section 8.31.
325G.47 NOTIFICATION OF ANNUAL FEE.
The customer must be notified of the amount of the annual fee, if any, and the date the fee is payable at least 30 days before the account is charged for the fee, and during that 30-day period the customer may cancel the open-end credit plan without penalty other than payment of any outstanding balance.
325K.27 COURT RULES.
Nothing in this chapter shall be construed to limit the authority of the supreme court to adopt rules of pleading, practice or procedure, or of the court of appeals or district courts to adopt supplementary local rules, governing the use of electronic messages and documents, including, but not limited to, rules governing the use of digital signatures in judicial proceedings.
325F.6641 DISCLOSURE OF VEHICLE DAMAGE.
(a) If a vehicle has sustained damage by collision or other occurrence which exceeds 80 percent of its actual cash value immediately prior to sustaining damage, the seller must disclose that fact to the buyer, if the seller has actual knowledge of the damage. The amount of damage is determined by the retail cost of repairing the vehicle based on a complete written retail repair estimate or invoice.
(b) The disclosure required under this subdivision must be made in writing on the application for title and registration or other transfer document, in a manner prescribed by the registrar of motor vehicles. The registrar must design the certificate of title form, including the assignment by seller (transferor) and reassignment by licensed dealer sections of the form, the separate application for title forms, and other transfer documents to accommodate this disclosure.
(a) If a motor vehicle dealer licensed under section 168.27 offers a vehicle for sale in the course of a sales presentation to any prospective buyer the dealer must provide a written disclosure and, except for sales performed online, an oral disclosure of:
(1) prior vehicle damage as required under subdivision 1;
(2) the existence or requirement of any title brand under section 168A.05, subdivision 3, 168A.151, 325F.6642, or 325F.665, subdivision 14, if the dealer has actual knowledge of the brand; and
(3) if a motor vehicle, which is part of a licensed motor vehicle dealer's inventory, has been submerged or flooded above the bottom dashboard while parked on the dealer's lot.
(b) If a person receives a flood disclosure as described in paragraph (a), clause (3), whether from a motor vehicle dealer or another seller, and subsequently offers that vehicle for sale, the person must provide the same disclosure to any prospective subsequent buyer.
(c) Written disclosure under this subdivision must be signed by the buyer and maintained in the motor vehicle dealer's sales file in the manner prescribed by the registrar of motor vehicles.
(d) The disclosure required in subdivision 1 must be made in substantially the following form: "To the best of my knowledge, this vehicle has ..... has not ..... sustained damage in excess of 80 percent actual cash value."
327.23 CONSTRUCTION OF TERMS; MUNICIPAL PARKS.
Nothing in sections 327.10, 327.11, and 327.14 to 327.28, should be construed to include any of the state parks in Minnesota.
(a) The term "manufactured home park" shall not be construed to include:
(1) manufactured homes, buildings, tents or other structures temporarily maintained by any individual or company on premises associated with a work project and used exclusively to house labor or other personnel occupied in such work project; or
(2) two or fewer manufactured homes maintained by an individual or company on premises associated with an agricultural operation in an area zoned agricultural, provided the homes:
(i) are located within 100 yards of an existing residence on those premises;
(ii) are used exclusively to house either family of the individual, at least one of whose members is engaged in agricultural work on the premises, or agricultural labor as defined in section 3121(g) of the Internal Revenue Code; and
(iii) meet the requirements of sections 327.31 to 327.35, and Minnesota Rules, chapter 1350, and parts 4630.0600, subpart 1; 4630.0700; 4630.1200; 4630.3500; and 4714.0311.
(b) The Department of Health may by rule prescribe such sanitary facilities as it may deem necessary to provide for the sanitation of such structures and the safety of the occupants thereof.
The term "manufactured home park" shall not be construed to include up to four manufactured homes maintained by an individual or a company on premises associated with a seasonal agricultural operation, in an area zoned agricultural, and used exclusively to house individuals or families performing labor as defined in section 3121(g) of the Internal Revenue Code if:
(1) the manufactured homes are equipped with indoor plumbing facilities and meet the standards for water and sanitation established in Minnesota Rules, parts 4630.0600, subpart 1; 4630.0700; 4630.1200; 4630.3500; and 4714.0311;
(2) each manufactured home provides at least 80 square feet of indoor living space for each of its inhabitants;
(3) the manufactured homes and their installation comply with section 327.34, subdivision 1, and Minnesota Rules, chapter 1350;
(4) the individual or company maintaining the manufactured homes, with the assistance and approval of the political subdivision where the homes are located, develops and posts in conspicuous locations near the homes, a shelter or safe evacuation plan in the event of severe weather conditions, such as tornadoes, high winds, and floods; and
(5) the individual or company maintains the homes in a clean, orderly, and sanitary condition.
Any manufactured home park or recreational camping area owned or operated by any municipality or political subdivision of this state shall meet all sanitary and safety provisions of sections 327.10, 327.11, 327.14 to 327.28, shall be inspected as herein provided, pay all fees, and make all reports, as herein required of a licensee.
325F.6642 TITLE BRANDING.
If the application for title and registration indicates that the vehicle has been classified as a total loss because of water or flood damage, or that the vehicle bears a "flood damaged" or similar brand, the registrar of motor vehicles must record the brand "flood damaged" on the certificate of title and all subsequent certificates of title issued for that vehicle.
(a) Upon transfer and application for title to all vehicles for which the "salvage" brand is required under section 168A.151, subdivision 1, the registrar of motor vehicles must (1) record the brand "salvage" on the first certificate of title, and (2) subject to section 168A.152, record the brand "prior salvage" on all subsequent certificates of title issued for that vehicle.
(b) Notwithstanding paragraph (a), a "prior salvage" brand is not required for a recovered intact vehicle, as defined in section 168A.01, subdivision 16b.
Upon application for title to all vehicles for which the "prior salvage" brand is required under section 168A.151, subdivision 1, the registrar of motor vehicles must record the brand "prior salvage" on the certificate of title and all subsequent certificates of title issued for that vehicle.
Upon transfer and application for title to a vehicle that is subject to section 325F.6641, subdivision 1, the registrar of motor vehicles must (1) record the brand "salvage" on the first certificate of title, and (2) subject to section 168A.152, record the brand "prior salvage" on all subsequent certificates of title issued for that vehicle.
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
For vehicles that are reconstructed within the meaning of section 168A.15, the registrar must record the brand "reconstructed" on the certificate of title and all subsequent certificates of title.
Each brand designation under this section or section 168A.05, subdivision 3, 168A.151, or 325F.665, subdivision 14, required on a certificate of title must be made by the registrar of motor vehicles in a clear and conspicuous manner, in a format different from all other writing on the certificate of title.
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
325G.501 MEMBERSHIP TRAVEL CONTRACTS SOLICITATION GIFT OFFERS.
No membership travel operator shall offer a gift, either directly or indirectly, to a person in Minnesota unless the membership travel operator clearly discloses the following information at the same time and in the same manner and prominence as the offer of the gift:
(1) the true name or names of the travel club operator and the address of the travel club operator's principal place of business;
(2) the estimated retail value of the gift, which must not be more than twice the direct cost to the membership travel operator for the gift;
(3) any requirement that the person receiving the notice pay taxes, refundable or nonrefundable deposits, or any other charges to obtain or use a gift, including the nature and amount of the charges;
(4) if receipt of the gift is subject to a requirement that the person attend a meeting with the travel club operator for the purpose of soliciting the person to enter into a membership travel contract, a statement that the requirement applies, a description of the membership travel contract the membership travel operator wishes to sell, the approximate length of the meeting, and the requested price for the membership travel contract;
(5) any limitations on eligibility to receive the gift; and
(6) if use of the gift is subject to any restrictions, including, but not limited to, travel restrictions, a statement that a restriction applies, and a detailed description of the restriction.
326B.188 TIMELINE AND EXEMPTION FOR COMPLIANCE WITH ELEVATOR CODE CHANGES AFFECTING EXISTING ELEVATORS AND RELATED DEVICES.
(a) This section applies to code requirements for existing elevators and related devices under Minnesota Rules, chapter 1307, where the deadline set by law for meeting the code requirements is January 29, 2012, or later.
(b) If the department or municipality conducting elevator inspections within its jurisdiction notified the owner of an existing elevator or related device of the code requirements before August 1, 2011, the owner may submit a compliance plan by December 30, 2011. If the department or municipality did not notify the owner of an existing elevator or related device of the code requirements before August 1, 2011, the department or municipality shall notify the owner of the code requirements and permit the owner to submit a compliance plan by December 30, 2011, or within 60 days after the date of notification, whichever is later.
(c) Any compliance plan submitted under this section shall result in compliance with the code requirements by the later of January 29, 2012, or three years after submission of the compliance plan. Elevators and related devices that are not in compliance with the code requirements by the later of January 29, 2012, or three years after the submission of the compliance plan may be taken out of service as provided in section 326B.175.
(d) When approved by the local building official, an elevator is not required to comply with the code requirements described in paragraph (a) for phase I and II operation if the elevator was installed prior to January 27, 2007, in a residential condominium property having five or fewer floors not including the basement.
325F.6643 REMEDIES; PENALTIES.
(a) A person who violates sections 325F.664 to 325F.6642 is subject to the remedies and penalties, including a private right of action, provided in section 8.31.
(b) A person injured by a violation of sections 325F.664 to 325F.6642 shall recover the actual damages sustained, together with costs and disbursements, including reasonable attorney fees. In its discretion, the court may increase the award of damages to an amount not to exceed three times the actual damages sustained, or $2,500, whichever is greater.
(c) The relief provided in this section is in addition to any remedies otherwise available under the common law or other statutes of this state.
327.24 ENFORCEMENT.
[Repealed, 1993 c 206 s 25]
[Repealed, 1993 c 206 s 25]
Any person injured or threatened with injury by a violation of sections 327.14 to 327.28 or of the rules of the Department of Health applicable to manufactured home parks may bring a private action in any court of competent jurisdiction.
326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS.
(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, fuel burning, or refrigeration work must give and maintain bond to the state in the amount of $25,000 for all work entered into within the state. The bond must be for the benefit of persons suffering financial loss by reason of the contractor's failure to comply with the requirements of the State Mechanical Code. A bond given to the state must be filed with the commissioner of labor and industry and is in lieu of all other bonds to any political subdivision required for work covered by this section. The bond must be written by a corporate surety licensed to do business in the state.
(b) The commissioner of labor and industry may charge each person giving bond under this section a biennial bond filing fee of $100.
327.25 OPERATION, PART OF YEAR.
If any applicant for a manufactured home park license desires to operate such manufactured home park only during the months from May 1 to October 1, the applicant shall pay the above mentioned annual license fee. If in the opinion of the state Department of Health the sanitary and facility requirements herein contained are too rigid for the seasonal manufactured home parks, the department may in writing or by rule modify such requirements as circumstances may permit and require.
325G.51 PENALTIES; REMEDIES.
A person who violates sections 325G.50 to 325G.505 is subject to the penalties and remedies provided in section 8.31. The relief provided in this subdivision is in addition to remedies or penalties otherwise provided by law.
327.26 LOCAL AUTHORITY OVER PARKS AND CAMPING AREAS.
No municipality may impose any license (1) upon any licensed manufactured home park or recreational camping area, or (2) upon any occupant of a licensed manufactured home park.
Any municipality which enacts or has enacted laws or ordinances relating to the safety and protection of persons and property is empowered to enforce the laws or ordinances within any manufactured home park or recreational camping area located in the municipality, notwithstanding the fact that the park or area may constitute private property.
325G.52 CONSUMER EDUCATION; TELEMARKETING FRAUD.
The attorney general shall establish an outreach advocacy network to educate citizens of the state with respect to telemarketing fraud.
The advocacy network shall:
(1) conduct clinics and seminars throughout the state to educate consumers with respect to telemarketing fraud, including providing an explanation of rights under federal and state law, and recommending effective strategies to combat fraud, with particular emphasis placed on educating consumers in greater Minnesota and isolated areas of the state where victims may be targeted;
(2) facilitate outreach to groups particularly susceptible to telemarketing fraud by training advocates for senior citizens and other consumer groups to conduct clinics and seminars in their communities;
(3) prepare and publish informational brochures on telemarketing fraud for distribution to consumers;
(4) serve as an information clearinghouse within the state to assist consumers and others to obtain information with respect to current fraudulent telemarketing activity in the state;
(5) serve as a resource and provide assistance to local prosecutors and law enforcement; and
(6) identify those occupations in which persons may be in a good position to spot telemarketing fraud and develop specialized training programs for those persons.
325F.6651 DEFINITIONS.
For the purpose of sections 325F.6651 to 325F.6658, the following terms have the meanings given them.
"Farm tractor" means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry, as defined in section 169.011, subdivision 35, that is self-propelled.
"Consumer" means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm equipment dealer.
"Manufacturer" means a person engaged in the business of manufacturing, assembling, or distributing farm tractors, who under normal business conditions during the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors.
"Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
"Fair rental value" means the rental value calculated in accordance with the "Tractor and Farm Equipment Trade-In Guide" published by the National Farm and Power Equipment Dealers Association.
"Nonconformity" means any condition of the farm tractor that makes it impossible to use for the purpose for which it was intended.
"Reasonable allowance for prior use" shall mean no less than the fair rental value of the farm tractor and shall be the sum of:
(1) that amount attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer or its authorized dealers;
(2) that amount attributable to use by the consumer during any period subsequent to such report of the reported nonconformity; and
(3) that amount attributable to use by the consumer of the farm tractor provided by the manufacturer or its authorized dealers while the farm tractor is out of service by reason of repair of the reported nonconformity.