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SF 1038

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/12/2015 08:31am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to commerce; providing funding for the insurance fraud prevention
account; ending the annual transfer of money from the automobile theft
prevention program to the general fund; amending Minnesota Statutes 2014,
sections 45.0135, subdivision 6; 65B.84, subdivision 1; 297I.11, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 45.0135, subdivision 6, is amended to read:


Subd. 6.

Insurance fraud prevention account.

The insurance fraud prevention
account is created in the state treasury. Money received from assessments under
subdivision 7 new text beginand transferred from the automobile theft prevention account as provided
in section 297I.11, subdivision 2,
new text enddeleted text beginand transferred from the automobile theft prevention
account in section
deleted text enddeleted text begin65B.84, subdivision 1deleted text enddeleted text begin,deleted text end is deposited in the account. Money in this
fund is appropriated to the commissioner of commerce for the purposes specified in this
section and sections 60A.951 to 60A.956.

Sec. 2.

Minnesota Statutes 2014, section 65B.84, subdivision 1, is amended to read:


Subdivision 1.

Program described; commissioner's duties; appropriation.

(a)
The commissioner of commerce shall:

(1) develop and sponsor the implementation of statewide plans, programs, and
strategies to combat automobile theft, improve the administration of the automobile theft
laws, and provide a forum for identification of critical problems for those persons dealing
with automobile theft;

(2) coordinate the development, adoption, and implementation of plans, programs,
and strategies relating to interagency and intergovernmental cooperation with respect
to automobile theft enforcement;

(3) annually audit the plans and programs that have been funded in whole or in part
to evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need
of further financial support from the fund;

(4) develop a plan of operation including:

(i) an assessment of the scope of the problem of automobile theft, including areas
of the state where the problem is greatest;

(ii) an analysis of various methods of combating the problem of automobile theft;

(iii) a plan for providing financial support to combat automobile theft;

(iv) a plan for eliminating car hijacking; and

(v) an estimate of the funds required to implement the plan; and

(5) distribute money, in consultation with the commissioner of public safety,
pursuant to subdivision 3 from the automobile theft prevention special revenue account
for automobile theft prevention activities, including:

(i) paying the administrative costs of the program;

(ii) providing financial support to the State Patrol and local law enforcement
agencies for automobile theft enforcement teams;

(iii) providing financial support to state or local law enforcement agencies for
programs designed to reduce the incidence of automobile theft and for improved
equipment and techniques for responding to automobile thefts;

(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;

(v) providing financial support to judicial agencies for programs designed to reduce
the incidence of automobile theft;

(vi) providing financial support for neighborhood or community organizations or
business organizations for programs designed to reduce the incidence of automobile
theft and to educate people about the common methods of automobile theft, the models
of automobiles most likely to be stolen, and the times and places automobile theft is
most likely to occur; and

(vii) providing financial support for automobile theft educational and training
programs for state and local law enforcement officials, driver and vehicle services exam
and inspections staff, and members of the judiciary.

(b) The commissioner may not spend in any fiscal year more than ten percent
of the money in the fund for the program's administrative and operating costs. The
commissioner is annually appropriated and must distribute the amount of the proceeds
credited to the automobile theft prevention special revenue account each year, less the
transfer of $1,300,000 each year to the deleted text begingeneral funddeleted text endnew text begin insurance fraud prevention accountnew text end
described in section 297I.11, subdivision 2.

(c) At the end of each fiscal year, the commissioner may transfer any unobligated
balances in the auto theft prevention account to the insurance fraud prevention account
under section 45.0135, subdivision 6.

Sec. 3.

Minnesota Statutes 2014, section 297I.11, subdivision 2, is amended to read:


Subd. 2.

Automobile theft prevention account.

A special revenue account in
the state treasury shall be credited with the proceeds of the surcharge imposed under
subdivision 1. Of the revenue in the account, $1,300,000 each year must be transferred to
the deleted text begingeneral funddeleted text endnew text begin insurance fraud prevention account under section 45.0135, subdivision 6new text end.
Revenues in excess of $1,300,000 each year may be used only for the automobile theft
prevention program described in section 65B.84.