HF 2250

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:49pm

A bill for an act
relating to public safety; requiring special license plates for risk level III predatory
offenders; authorizing rulemaking; amending Minnesota Statutes 2018, sections
243.166, subdivision 7; 299C.093; proposing coding for new law in Minnesota
Statutes, chapter 168.

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

Section 1.

new text begin [168.045] ADMINISTRATIVE IMPOUNDMENT OF PLATES; LEVEL
III PREDATORY OFFENDER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Local law enforcement agency" means a sheriff's office or police department having
primary jurisdiction over the location where the offender resides.
new text end

new text begin (c) "Motor vehicle" means a self-propelled vehicle designed and originally manufactured
to operate primarily on highways. Motor vehicle does not include a motorboat in operation
or an off-road recreational vehicle.
new text end

new text begin (d) "Offender" means a risk level III predatory offender as determined under section
244.052.
new text end

new text begin (e) "Peace officer" means any member of a local law enforcement agency who has, by
law, the power of arrest.
new text end

new text begin Subd. 2. new text end

new text begin Plate impoundment order. new text end

new text begin (a) No later than five days from the date of receipt
of the information under section 243.166, subdivision 4a, the local law enforcement agency
shall provide to the commissioner the information the offender provided under section
243.166, subdivision 4a, paragraph (a), clauses (1) and (6). If the offender is the registered
owner of a motor vehicle that does not have special plates under subdivision 11, the
commissioner when notified by the local law enforcement agency must issue a registration
plate impoundment order.
new text end

new text begin (b) The order must require the impoundment of the registration plates for the motor
vehicle and all motor vehicles owned by, registered to, or leased in the name of the offender,
and any motor vehicle registered jointly or leased in the name of the offender and another
person.
new text end

new text begin Subd. 3. new text end

new text begin Notice of impoundment. new text end

new text begin An impoundment order is effective on the date the
commissioner or a peace officer acting on behalf of the commissioner notifies the offender
who is the registered owner of the motor vehicle of the intent to impound the registration
plates and provide an order of impoundment. The notice must advise the offender of the
duties and obligations under subdivision 6 and of the right to obtain administrative and
judicial review. If mailed, the notice and order of impoundment is deemed received three
days after the notice is mailed to the last known address of the offender.
new text end

new text begin Subd. 4. new text end

new text begin Peace officer as agent for notice of impoundment. new text end

new text begin A peace officer on behalf
of the commissioner may serve a notice of intent to impound and an order of impoundment.
If the vehicle involved in the plate impoundment is accessible to the peace officer at the
time the impoundment order is issued, the peace officer must seize the registration plates
subject to the impoundment order. The peace officer must destroy all plates seized or
impounded under this section. The local law enforcement agency must send to the
commissioner copies of the notice of intent to impound, the order of impoundment, and a
notice that the registration plates impounded and seized under this section have been
destroyed.
new text end

new text begin Subd. 5. new text end

new text begin Temporary permit. new text end

new text begin The peace officer must issue a temporary vehicle permit
that is valid for seven days at the time the peace officer issues the notice under subdivision
3. The permit must be in a form determined by the registrar and must be posted on the left
side of the inside rear window of the vehicle whenever practicable. A permit is valid only
for the vehicle for which the permit is issued.
new text end

new text begin Subd. 6. new text end

new text begin Surrender of plates. new text end

new text begin No later than seven days after the date of receipt of the
notice of impoundment and impoundment order, an offender who received the notice and
order must surrender all registration plates subject to the impoundment order that were not
seized by a peace officer under subdivision 4. Registration plates required to be surrendered
under this subdivision must be surrendered to the local law enforcement agency with a copy
of the impoundment order. A law enforcement agency receiving registration plates under
this subdivision must destroy the plates and notify the commissioner that the plates have
been destroyed. The notification to the commissioner must also include a copy of the
impoundment order.
new text end

new text begin Subd. 7. new text end

new text begin Vehicle not owned by offender. new text end

new text begin An offender may file a sworn statement with
the commissioner no later than seven days after the date of receipt of an impoundment order
containing any material information relating to the impoundment order, including whether
the vehicle has been sold or destroyed, and the date, name, location, and address of the
person or entity that purchased or destroyed the vehicle. The commissioner must rescind
the impoundment order if the offender shows that the impoundment order was not properly
issued.
new text end

new text begin Subd. 8. new text end

new text begin Commissioner review. new text end

new text begin At any time during the plate impoundment, a person
may request in writing a review of the impoundment order by the commissioner. On receiving
a request, the commissioner must review the order, the evidence upon which the order was
based, and any other material information brought to the attention of the commissioner, and
determine whether sufficient cause exists to sustain the order. The commissioner must report
in writing the results of the review no later than 15 days after the date of receipt of the
request. As a result of the review, the commissioner may authorize the issuance of new
registration plates at no cost to the registered owner of the vehicle if the registered owner
is not the offender. The review provided under this subdivision is not subject to the contested
case provisions of chapter 14. The person may appeal the decision of the commissioner to
the district court in Ramsey County no later than ten days after the date of receipt of the
commissioner's decision under this subdivision.
new text end

new text begin Subd. 9. new text end

new text begin Petition for judicial review. new text end

new text begin (a) A person may petition the district court in
Ramsey County for review no later than 30 days after the date of receipt of a notice and
order of impoundment under this section. The petition must include proof of service of a
copy of the petition on the commissioner; the petitioner's date of birth, driver's license
number, and date of the plate impoundment violation; and the names of the offender and
the local law enforcement agency that issued the plate impoundment order or the
commissioner as applicable. The petition must state with specificity the grounds upon which
the petitioner seeks rescission of the order for impoundment.
new text end

new text begin (b) The filing of the petition does not stay the impoundment order. The reviewing court
may order a stay of the balance of the impoundment period if the hearing has not been
conducted no later than 60 days after the filing date of the petition, upon terms the court
deems proper. The court must order that the impoundment be rescinded or sustained, and
forward the order to the commissioner. The court must file its order no later than 14 days
following the hearing.
new text end

new text begin Subd. 10. new text end

new text begin Charge for reinstatement of plates. new text end

new text begin When the registrar of motor vehicles
reinstates a person's registration plates after impoundment for reasons other than those
described in subdivision 11, the registrar must charge the person $50 per vehicle for which
the registration plates are being reinstated.
new text end

new text begin Subd. 11. new text end

new text begin Special registration plates. new text end

new text begin (a) At any time during the effective period of an
impoundment order, an offender may apply to the commissioner for new registration plates.
new text end

new text begin (b) Special registration plates issued under this subdivision must have a special series
of numbers or letters that are readily identified by law enforcement officers.
new text end

new text begin (c) The commissioner may issue the special plates upon payment of a $50 fee for each
vehicle for which special plates are requested.
new text end

new text begin (d) Notwithstanding paragraphs (a) to (c), the commissioner must issue upon request
new registration plates for a vehicle with impounded registration plates if:
new text end

new text begin (1) the impoundment order is rescinded;
new text end

new text begin (2) the vehicle is transferred in compliance with subdivision 12; or
new text end

new text begin (3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency.
new text end

new text begin Subd. 12. new text end

new text begin Sale of vehicle subject to impoundment order. new text end

new text begin (a) An offender is prohibited
from selling or transferring a motor vehicle during the time its registration plates have been
ordered impounded or during the time its registration plates bear a special series number,
except when:
new text end

new text begin (1) the sale is for a valid consideration;
new text end

new text begin (2) the transferee and the offender are not family or household members;
new text end

new text begin (3) the transferee signs an acceptable sworn statement with the commissioner attesting:
new text end

new text begin (i) the transferee and offender are not family or household members; and
new text end

new text begin (ii) the transferee understands the vehicle is subject to an impoundment order; and
new text end

new text begin (4) all elements of section 168A.10 are satisfied.
new text end

new text begin (b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title to
the new owner upon proper application and issue new registration plates for the vehicle.
new text end

new text begin Subd. 13. new text end

new text begin Acquiring another vehicle. new text end

new text begin If the offender applies to the commissioner for
registration plates for any vehicle, the commissioner is prohibited from issuing registration
plates unless the plates issued are special plates described under subdivision 11.
new text end

new text begin Subd. 14. new text end

new text begin Fees credited. new text end

new text begin Fees collected from the sale or reinstatement of license plates
under this section must be paid into the state treasury and credited as follows:
new text end

new text begin (1) one-half to the vehicle services operating account in the special revenue fund under
section 299A.705; and
new text end

new text begin (2) one-half to the general fund.
new text end

Sec. 2.

Minnesota Statutes 2018, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement may disclose the status of an
individual as a predatory offender to a child protection worker with a local welfare agency
for purposes of doing a family assessment under section 626.556.

(c) The commissioner of human services is authorized to have access to the data for:

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

new text begin (d) The commissioner of corrections may have access to the data under subdivision 4a,
paragraph (a), clauses (1) and (6), for the purposes of section 168.045.
new text end

Sec. 3.

Minnesota Statutes 2018, section 299C.093, is amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4 and 4a, and indicate the time period that
the person is required to register. The superintendent shall maintain this data in a manner
that ensures that it is readily available to law enforcement agencies. This data is private data
on individuals under section 13.02, subdivision 12, but may be used for law enforcement
and corrections purposes. Law enforcement may disclose the status of an individual as a
predatory offender to a child protection worker with a local welfare agency for purposes of
doing a family assessment under section 626.556. The commissioner of human services has
access to the data for state-operated services, as defined in section 246.014, for the purposes
described in section 246.13, subdivision 2, paragraph (b), and for purposes of conducting
background studies under chapter 245C. new text begin The commissioner of public safety has access to
the data under section 243.166, subdivision 4a, paragraph (a), clauses (1) and (6), for the
purposes of section 168.045.
new text end

Sec. 4. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The commissioner of public safety shall adopt rules under chapter 14 for the issuance
and use of special plates under section 1.
new text end