as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
|Introduction||Posted on 03/04/1999|
1.1 A bill for an act 1.2 relating to motor vehicles; governing license plate 1.3 impoundment when vehicle's owner is not the violator; 1.4 amending Minnesota Statutes 1998, section 168.042, 1.5 subdivisions 2 and 8. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1998, section 168.042, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] (a) 1.10 The commissioner shall issue
a registration plate impoundmentan 1.11 order to impound the registration plates of any self-propelled 1.12 motor vehicle owned by, or registered or leased in the name of, 1.13 a person when: 1.14 (1) athat person's driver's license or driving privileges 1.15 are revoked for a violation; or 1.16 (2) athat person is arrested for or charged with a 1.17 violation described in subdivision 1, paragraph (c), clause (3) 1.18 or (4). 1.19 (b) If the self-propelled motor vehicle is not owned by the 1.20 violator or registered or leased in the name of the violator, 1.21 the commissioner shall issue an order to impound the 1.22 registration plates of the vehicle only if: 1.23 (1) the vehicle was operated by the violator with the 1.24 permission of the owner and the violator was operating the 1.25 vehicle without a valid driver's license in possession; or 2.1 (2) the violator was operating the vehicle without the 2.2 owner's permission; either the violator was a member of the 2.3 owner's household or, if not, the owner knew that a person was 2.4 operating the vehicle without permission; and, the owner failed 2.5 to notify law enforcement that the vehicle was stolen or 2.6 otherwise being operated without permission. 2.7 (c) The order shall require the impoundment of the 2.8 registration plates of the self-propelled motor vehicle involved 2.9 in the violation and all self-propelled motor vehicles owned by ,2.10 the violator or registered ,or leased in the name of the 2.11 violator, including self-propelled motor vehicles owned, 2.12 registered jointly, or leased in the name of the violator and 2.13 another. 2.14 (d) An impoundment order shall not be issued for the 2.15 registration plates of a rental vehicle as defined in section 2.16 168.041, subdivision 10, or a vehicle registered in another 2.17 state. 2.18 Sec. 2. Minnesota Statutes 1998, section 168.042, 2.19 subdivision 8, is amended to read: 2.20 Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The 2.21 commissioner shall rescind the impoundment order of a person 2.22 subject to an order under this section, other than the violator, 2.23 if: 2.24 (1) the violator had a valid driver's license on the date 2.25 of the violation and the person files with the commissioner an 2.26 acceptable sworn statement containing the following information: 2.27 (i) that the person is the registered owner of the vehicle 2.28 from which the plates have been impounded under this section; 2.29 (ii) that the person is the current owner and possessor of 2.30 the vehicle used in the violation; 2.31 (iii) the date on which the violator obtained the vehicle 2.32 from the registered owner; 2.33 (iv) the residence addresses of the registered owner and 2.34 the violator on the date the violator obtained the vehicle from 2.35 the registered owner; 2.36 (v) that the person was not a passenger in the vehicle at 3.1 the time of the violation; and 3.2 (vi) that the person knows that the violator may not drive, 3.3 operate, or be in physical control of a vehicle without a valid 3.4 driver's license; or3.5 (2) the violator did not have a valid driver's license on 3.6 the date of the violation; either the violator was a member of 3.7 the person's household on the date of violation or, if not a 3.8 household member, the person knew the vehicle was being operated 3.9 without permission on the date of the violation; and, the person 3.10 made a report to law enforcement before the violation stating 3.11 that the vehicle had been taken from the person's possession or 3.12 was being used without permission; or 3.13 (3) on the date of the violation, the violator did not have 3.14 a valid driver's license, the violator was not a member of the 3.15 person's household, and the person did not know that the vehicle 3.16 was being operated without permission. 3.17 (b) A person who has failed to make a report as provided in 3.18 paragraph (a), clause (2), may be issued special registration 3.19 plates under subdivision 12 for a period of one year from the 3.20 effective date of the impoundment order. At the next 3.21 registration renewal following this period, the person may apply 3.22 for regular registration plates. 3.23 (c) If the order is rescinded, the owner shall receive new 3.24 registration plates at no cost, if the plates were seized and 3.25 destroyed. 3.26 Sec. 3. [EFFECTIVE DATE.] 3.27 Section 1 is effective the day following final enactment 3.28 and applies to forfeiture proceedings pending or begun on or 3.29 after that date.