HF 3404

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; requiring security 
  1.3             interest on vehicle subject to DWI-related forfeiture 
  1.4             to be perfected in order to protect interest of 
  1.5             secured party; amending Minnesota Statutes 2001 
  1.6             Supplement, section 169A.63, subdivisions 1, 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.9   169A.63, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.11  the following terms have the meanings given them. 
  1.12     (b) "Appropriate agency" means a law enforcement agency 
  1.13  that has the authority to make an arrest for a violation of a 
  1.14  designated offense or to require a test under section 169A.51 
  1.15  (chemical tests for intoxication). 
  1.16     (c) "Designated license revocation" includes a license 
  1.17  revocation under section 169A.52 (license revocation for test 
  1.18  failure or refusal) or a license disqualification under section 
  1.19  171.165 (commercial driver's license disqualification) resulting 
  1.20  from a violation of section 169A.52; within ten years of the 
  1.21  first of two or more qualified prior impaired driving incidents. 
  1.22     (d) "Designated offense" includes: 
  1.23     (1) a violation of section 169A.20 (driving while impaired) 
  1.24  under the circumstances described in section 169A.24 
  1.25  (first-degree driving while impaired) or 169A.25 (second-degree 
  1.26  driving while impaired); or 
  2.1      (2) a violation of section 169A.20 or an ordinance in 
  2.2   conformity with it: 
  2.3      (i) by a person whose driver's license or driving 
  2.4   privileges have been canceled as inimical to public safety under 
  2.5   section 171.04, subdivision 1, clause (10); or 
  2.6      (ii) by a person who is subject to a restriction on the 
  2.7   person's driver's license under section 171.09 (commissioner's 
  2.8   license restrictions), which provides that the person may not 
  2.9   use or consume any amount of alcohol or a controlled substance. 
  2.10     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
  2.11  which is stolen or taken in violation of the law. 
  2.12     (f) "Owner" means the registered owner of the motor vehicle 
  2.13  according to records of the department of public safety and 
  2.14  includes a person legally entitled to possession, use, and 
  2.15  control of a motor vehicle, including a lessee of a motor 
  2.16  vehicle if the lease agreement has a term of 180 days or 
  2.17  more.  There is a rebuttable assumption that a person registered 
  2.18  as the owner of a motor vehicle according to the records of the 
  2.19  department of public safety is the legal owner.  For purposes of 
  2.20  this section, if a motor vehicle is owned jointly by two or more 
  2.21  people, each owner's interest extends to the whole of the 
  2.22  vehicle and is not subject to apportionment. 
  2.23     (g) "Prosecuting authority" means the attorney in the 
  2.24  jurisdiction in which the designated offense occurred who is 
  2.25  responsible for prosecuting violations of a designated offense 
  2.26  or a designee.  If a state agency initiated the forfeiture, and 
  2.27  the attorney responsible for prosecuting the designated offense 
  2.28  declines to pursue forfeiture, the attorney general's office or 
  2.29  its designee may initiate forfeiture under this section. 
  2.30     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.31  169A.63, subdivision 7, is amended to read: 
  2.32     Subd. 7.  [LIMITATIONS ON VEHICLE FORFEITURE.] (a) A 
  2.33  vehicle is subject to forfeiture under this section only if: 
  2.34     (1) the driver is convicted of the designated offense upon 
  2.35  which the forfeiture is based; 
  2.36     (2) the driver fails to appear with respect to the 
  3.1   designated offense charge in violation of section 609.49 
  3.2   (release; failure to appear); or 
  3.3      (3) the driver's conduct results in a designated license 
  3.4   revocation and the driver either fails to seek administrative or 
  3.5   judicial review of the revocation in a timely manner as required 
  3.6   by section 169A.53 (administrative and judicial review of 
  3.7   license revocation), or the license revocation is sustained 
  3.8   under section 169A.53. 
  3.9      (b) A vehicle encumbered by a bona fide security interest 
  3.10  perfected according to section 168A.17, subdivision 2, or 
  3.11  subject to a lease that has a term of 180 days or more, is 
  3.12  subject to the interest of the secured party or lessor unless 
  3.13  the party or lessor had knowledge of or consented to the act 
  3.14  upon which the forfeiture is based.  However, when the proceeds 
  3.15  of the sale of a seized vehicle do not equal or exceed the 
  3.16  outstanding loan balance, the appropriate agency shall remit all 
  3.17  proceeds of the sale to the secured party.  If the sale of the 
  3.18  vehicle is conducted in a commercially reasonable manner 
  3.19  consistent with the provisions of section 336.9-610, the agency 
  3.20  is not liable to the secured party for any amount owed on the 
  3.21  loan in excess of the sale proceeds if the secured party 
  3.22  received notification of the time and place of the sale at least 
  3.23  three days prior to the sale. 
  3.24     (c) Notwithstanding paragraphs (b) and (d), the secured 
  3.25  party's, lessor's, or owner's interest in a vehicle is not 
  3.26  subject to forfeiture based solely on the secured party's, 
  3.27  lessor's, or owner's knowledge of the act or omission upon which 
  3.28  the forfeiture is based if the secured party, lessor, or owner 
  3.29  took reasonable steps to terminate use of the vehicle by the 
  3.30  offender. 
  3.31     (d) A motor vehicle is subject to forfeiture under this 
  3.32  section only if its owner knew or should have known of the 
  3.33  unlawful use or intended use. 
  3.34     (e) A vehicle subject to a security interest, based upon a 
  3.35  loan or other financing arranged by a financial institution, is 
  3.36  subject to the interest of the financial institution.