1.1 	A bill for an act
1.2 	relating to civil actions; providing for the service
1.3 	charge and civil penalty for receiving motor fuel
1.4 	without paying; clarifying that civil liability for
1.5 	this does not bar criminal liability; amending
1.6 	Minnesota Statutes 2004, section 604.15, subdivision
1.7 	2, by adding a subdivision.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 604.15,
1.10 	subdivision 2, is amended to read:
1.11 		Subd. 2.Acts constituting.  (a) The owner of a vehicle
1.12 	that receives motor fuel that was not paid for is liable to the
1.13 	retailer for the price of the motor fuel received and a service
1.14 	charge of up to $20, or the actual costs of collection not to
1.15 	exceed $30.  This charge may be imposed immediately upon the
1.16 	mailing of the notice under subdivision 3, if notice of the
1.17 	service charge was conspicuously displayed on the premises from
1.18 	which the motor fuel was received.  The notice must include a
1.19 	statement that additional civil penalties will be imposed if
1.20 	payment is not received within 30 days.  Only one service charge
1.21 	may be imposed under this paragraph for each incident. If a law
1.22 	enforcement agency obtains payment for the motor fuel on behalf
1.23 	of the retailer, the service charge may be retained by the law
1.24 	enforcement agency for its expenses.
1.25 	(b) If the price of the motor fuel received is not paid
1.26 	within 30 days after the retailer has mailed notice under
2.1 	subdivision 3, the owner is liable to the retailer for the price
2.2 	of the motor fuel received, the service charge as provided in
2.3 	paragraph (a), plus a civil penalty not to exceed $100 or the
2.4 	price of the motor fuel, whichever is greater. In determining
2.5 	the amount of the penalty, the court shall consider the amount
2.6 	of the fuel taken and the reason for the nonpayment.  The
2.7 	retailer shall also be entitled to:
2.8 	(1) interest at the legal rate for judgments under section
2.9 	549.09 from the date of nonpayment; and 
2.10 	(2) reasonable attorney fees, but not to exceed $500.
2.11 	The civil penalty may not be imposed until 30 days after
2.12 	the mailing of the notice under subdivision 3.

2.13 	Sec. 2. Minnesota Statutes 2004, section 604.15, is
2.14 	amended by adding a subdivision to read:
2.15 		Subd. 5.Not a bar to criminal liability. Civil
2.16 	liability under this section does not preclude criminal
2.17 	liability under applicable law.

2.18 	Sec. 3. EFFECTIVE DATE.
 2.19 	Section 1 is effective July 1, 2005, and applies to acts
2.20 	committed on or after that date.  Section 2 is effective the day
2.21 	following final enactment.