SF 72

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; providing for 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 deleted text end $30. This charge may be imposed new text begin immediately new text end 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. new text begin If a law
enforcement agency obtains payment for the motor fuel on behalf
of the retailer, the service charge may be retained by the law
enforcement agency for its expenses.
new text end

(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 $100 or the
price of the motor fuel, whichever is greater. new text begin In determining
the amount of the penalty, the court shall consider the amount
of the fuel taken and the reason for the nonpayment. The
retailer shall also be entitled to:
new text end

new text begin (1) interest at the legal rate for judgments under section
549.09 from the date of nonpayment; and
new text end

new text begin (2) reasonable attorney fees, but not to exceed $500.
new 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