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HF 2300

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 04/04/2005

Current Version - as introduced

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A bill for an act
 relating to civil actions; increasing the service
charge and civil penalty for receiving motor fuel
without paying; clarifying that civil liability for
this does not bar criminal liability; amending
Minnesota Statutes 2004, section 604.15, subdivision
2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 604.15,
subdivision 2, is amended to read:


Subd. 2.

Acts constituting.

(a) The owner of a vehicle
that receives motor fuel that was not paid for is liable to the
retailer for the price of the motor fuel received and a service
charge of deleted text begin up to $20, or the actual costs of collection not to
exceed $30 deleted text end new text begin $100new text end . This charge may be imposed upon the mailing of
the notice under subdivision 3, if notice of the service charge
was conspicuously displayed on the premises from which the motor
fuel was received. The notice must include a statement that
new text begin additional new text end civil penalties will be imposed if payment is not
received within 30 days. Only one service charge may be imposed
under this paragraph for each incident.

(b) If the price of the motor fuel received is not paid
within 30 days after the retailer has mailed notice under
subdivision 3, the owner is liable to the retailer for the price
of the motor fuel received, the service charge as provided in
paragraph (a), plus a civil penalty not to exceed deleted text begin $100 or the
price of the motor fuel, whichever is greater deleted text end new text begin $500new text end . The civil
penalty may not be imposed until 30 days after the mailing of
the notice under subdivision 3.

Sec. 2.

Minnesota Statutes 2004, section 604.15, is
amended by adding a subdivision to read:


new text begin Subd. 5. new text end

new text begin Not a bar to criminal liability. new text end

new text begin Civil
liability under this section does not preclude criminal
liability under applicable law.
 new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective July 1, 2005, and applies to acts
committed on or after that date. Section 2 is effective the day
following final enactment.
 new text end