HF 205

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; providing civil remedies 
  1.3             for receiving motor fuel from a motor fuel retail 
  1.4             business without paying for it; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 332. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [332.505] [CIVIL LIABILITY FOR RECEIVING MOTOR 
  1.8   FUEL WITHOUT PAYING.] 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of this section: 
  1.10     (1) "motor fuel" means a liquid, regardless of its 
  1.11  properties, used to propel a vehicle; 
  1.12     (2) "retailer" means a person that sells motor fuel at 
  1.13  retail; and 
  1.14     (3) "vehicle" means a motor vehicle or watercraft that is 
  1.15  self-propelled and that uses motor fuel for propulsion. 
  1.16     Subd. 2.  [ACTS CONSTITUTING.] (a) The owner of a vehicle 
  1.17  that receives motor fuel that was not paid for is liable to the 
  1.18  retailer for the price of the motor fuel received and a service 
  1.19  charge of up to $20, or the actual costs of collection not to 
  1.20  exceed $30.  This charge may be imposed upon the mailing of the 
  1.21  notice under subdivision 3, if notice of the service charge was 
  1.22  conspicuously displayed on the premises from which the motor 
  1.23  fuel was received.  The notice must include a statement that 
  1.24  civil penalties will be imposed if payment is not received 
  1.25  within 30 days.  Only one service charge may be imposed under 
  2.1   this paragraph for each incident. 
  2.2      (b) If the price of the motor fuel received is not paid 
  2.3   within 30 days after the retailer has mailed notice under 
  2.4   subdivision 3, the owner is liable to the retailer for the price 
  2.5   of the motor fuel received, the service charge as provided in 
  2.6   paragraph (a), plus a civil penalty not to exceed $100 or the 
  2.7   price of the motor fuel, whichever is greater.  The civil 
  2.8   penalty may not be imposed until 30 days after the mailing of 
  2.9   the notice under subdivision 3.  
  2.10     Subd. 3.  [NOTICE OF NONPAYMENT.] Notice of nonpayment that 
  2.11  includes a citation to this section and a description of the 
  2.12  penalties contained in it shall be sent by the retailer to the 
  2.13  owner by regular mail, supported by an affidavit of service by 
  2.14  mailing, to the address indicated by records on the vehicle 
  2.15  under section 86B.401 or 168.346.  The notice must include a 
  2.16  signed statement by the employee who reported the act describing 
  2.17  what the employee observed and the license number of the motor 
  2.18  vehicle, if known.  Failure of the owner to receive a notice is 
  2.19  not a defense to liability under this section. 
  2.20     An affidavit of service by mailing must be retained by the 
  2.21  retailer. 
  2.22     Subd. 4.  [NOTICE OF DISPUTE.] If, within the 30-day period 
  2.23  referred to in subdivision 2, paragraph (b), the owner sends 
  2.24  written notice to the retailer disputing the retailer's claim 
  2.25  that the owner received motor fuel from the retailer without 
  2.26  paying for it, the retailer may collect the price of the motor 
  2.27  fuel and the civil penalties imposed by this section only 
  2.28  pursuant to a judgment rendered by a count of competent 
  2.29  jurisdiction. 
  2.30     Upon receipt of the notice, the retailer shall cease all 
  2.31  collection efforts other than seeking a court judgment.  
  2.32     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.33     Section 1 is effective August 1, 2001, for causes of action 
  2.34  arising on or after that date.