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SF 3036

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for seizure 
  1.3             and administrative forfeiture of certain firearms and 
  1.4             abandoned property; modifying authority to issue 
  1.5             trespass citations; modifying provisions for forfeited 
  1.6             vehicles; modifying definition of peace officer; 
  1.7             providing civil penalties; appropriating money; 
  1.8             amending Minnesota Statutes 1998, sections 97B.002, 
  1.9             subdivision 1; and 609.5312, subdivision 4; Minnesota 
  1.10            Statutes 1999 Supplement, sections 169.1217, 
  1.11            subdivision 9; and 169.123, subdivision 1; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 97A. 
  1.14     Section 1.  [97A.223] [SEIZURE AND ADMINISTRATIVE 
  1.16     Subdivision 1.  [PROPERTY SUBJECT TO SEIZURE AND 
  1.17  FORFEITURE.] (a) An enforcement officer must seize: 
  1.18     (1) firearms possessed in violation of state or federal law 
  1.19  or court order; and 
  1.20     (2) property described in section 97A.221, subdivision 1, 
  1.21  where no owner can be determined. 
  1.22     (b) Property seized under this section is subject to 
  1.23  administrative forfeiture. 
  1.25  property is seized under subdivision 1, the enforcement officer 
  1.26  shall serve any known owner and person possessing the property 
  1.27  with a notice of the seizure and intent to forfeit the 
  1.28  property.  The notice must be in writing, describing the 
  1.29  property seized, the date of seizure, and notice of the right to 
  2.1   appeal the seizure and forfeiture as described in subdivision 3. 
  2.2      Subd. 3.  [APPEAL; FINAL ORDER.] Seizure and administrative 
  2.3   forfeiture of property under this section may be appealed under 
  2.4   the procedures in section 116.072, subdivision 6, if the owner 
  2.5   or other person from whom the property was seized requests a 
  2.6   hearing by notifying the commissioner in writing within 45 days 
  2.7   after seizure of the property.  If a hearing is not requested 
  2.8   within 45 days of seizure, the forfeiture becomes a final order 
  2.9   and not subject to further review.  
  2.10     Subd. 4.  [OTHER REMEDIES.] The authority to forfeit 
  2.11  firearms and other property under this section is in addition to 
  2.12  other remedies available under state and federal law. 
  2.13     Subd. 5.  [DISPOSAL OF FORFEITED PROPERTY.] Forfeited 
  2.14  property under this section may be disposed of as contraband 
  2.15  according to section 97A.221, subdivision 4. 
  2.16     Sec. 2.  Minnesota Statutes 1998, section 97B.002, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [AUTHORITY TO ISSUE.] Conservation 
  2.19  officers, sheriffs, and deputies may issue citations to a person 
  2.20  who trespasses in violation of section 84.90 or 97B.001 or 
  2.21  removes a sign posted to prevent trespass without permission of 
  2.22  the owner of the property. 
  2.23     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.24  169.1217, subdivision 9, is amended to read: 
  2.25     Subd. 9.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
  2.26  vehicle is administratively forfeited under subdivision 7a, or 
  2.27  if the court finds under subdivision 8 that the vehicle is 
  2.28  subject to forfeiture under subdivisions 6 and 7, the 
  2.29  appropriate agency shall: 
  2.30     (1) sell the vehicle and distribute the proceeds under 
  2.31  paragraph (b); or 
  2.32     (2) keep the vehicle for official use.  If the agency keeps 
  2.33  a forfeited motor vehicle for official use, it shall make 
  2.34  reasonable efforts to ensure that the motor vehicle is available 
  2.35  for use by the agency's officers who participate in the drug 
  2.36  abuse resistance education program. 
  3.1      (b) The proceeds from the sale of forfeited vehicles, after 
  3.2   payment of seizure, storage, forfeiture, and sale expenses, and 
  3.3   satisfaction of valid liens against the property, must be 
  3.4   forwarded to: 
  3.5      (1) the treasury of the political subdivision that employs 
  3.6   the appropriate agency responsible for the forfeiture for use in 
  3.7   DWI-related enforcement, training and education.; or 
  3.8      (2) the state treasury if the appropriate agency is an 
  3.9   agency of state government,.  The net proceeds must be forwarded 
  3.10  to the state treasury and credited to the following funds: 
  3.11     (1) if the forfeited vehicle is a motorboat, the net 
  3.12  proceeds must be credited to the water recreation account in the 
  3.13  natural resources fund; 
  3.14     (2) if the forfeited vehicle is a snowmobile, the net 
  3.15  proceeds must be credited to the snowmobile trails and 
  3.16  enforcement account in the natural resources fund; 
  3.17     (3) if the forfeited vehicle is an all-terrain vehicle, the 
  3.18  net proceeds must be credited to the all-terrain vehicle account 
  3.19  in the natural resources fund; 
  3.20     (4) if the forfeited vehicle is an off-highway motorcycle, 
  3.21  the net proceeds must be credited to the off-highway motorcycle 
  3.22  account in the natural resources fund; 
  3.23     (5) if the forfeited vehicle is an off-road vehicle, the 
  3.24  net proceeds must be credited to the off-road vehicle account in 
  3.25  the natural resources fund; and 
  3.26     (6) if otherwise, the net proceeds must be credited to the 
  3.27  general fund are appropriated annually to that agency for costs 
  3.28  and fees incurred by the agency for any other DWI forfeiture 
  3.29  actions initiated under this section and DWI-related 
  3.30  enforcement, training, and education. 
  3.31     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  3.32  169.123, subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
  3.34  this section, section 169.121, and section 169.1211, the term 
  3.35  peace officer means (1) a state patrol officer, (2) University 
  3.36  of Minnesota peace officer, (3) a constable as defined in 
  4.1   section 367.40, subdivision 3, (4) police officer of any 
  4.2   municipality, including towns having powers under section 
  4.3   368.01, or county, and (5) for purposes of violations of those 
  4.4   sections in or on an off-road recreational vehicle or motorboat, 
  4.5   or for violations of section 97B.065 or 97B.066, a state 
  4.6   conservation officer. 
  4.7      Sec. 5.  Minnesota Statutes 1998, section 609.5312, 
  4.8   subdivision 4, is amended to read: 
  4.10  (a) A motor vehicle is subject to forfeiture under this 
  4.11  subdivision if it was used to commit a violation of section 
  4.12  609.487 and endanger life or property.  A motor vehicle is 
  4.13  subject to forfeiture under this subdivision only if the offense 
  4.14  is established by proof of a criminal conviction for the 
  4.15  offense.  Except as otherwise provided in this subdivision, a 
  4.16  forfeiture under this subdivision is governed by sections 
  4.17  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
  4.18     (b) When a motor vehicle subject to forfeiture under this 
  4.19  subdivision is seized in advance of a judicial forfeiture order, 
  4.20  a hearing before a judge or referee must be held within 96 hours 
  4.21  of the seizure.  Notice of the hearing must be given to the 
  4.22  registered owner within 48 hours of the seizure.  The 
  4.23  prosecuting authority shall certify to the court, at or in 
  4.24  advance of the hearing, that it has filed or intends to file 
  4.25  charges against the alleged violator for violating section 
  4.26  609.487.  After conducting the hearing, the court shall order 
  4.27  that the motor vehicle be returned to the owner if:  
  4.28     (1) the prosecutor has failed to make the certification 
  4.29  required by this paragraph; 
  4.30     (2) the owner of the motor vehicle has demonstrated to the 
  4.31  court's satisfaction that the owner has a defense to the 
  4.32  forfeiture, including but not limited to the defenses contained 
  4.33  in subdivision 2; or 
  4.34     (3) the court determines that seizure of the vehicle 
  4.35  creates or would create an undue hardship for members of the 
  4.36  owner's family. 
  5.1      (c) If the defendant is acquitted or the charges against 
  5.2   the defendant are dismissed, neither the owner nor the defendant 
  5.3   is responsible for paying any costs associated with the seizure 
  5.4   or storage of the vehicle. 
  5.5      (d) A vehicle leased or rented under section 168.27, 
  5.6   subdivision 4, for a period of 180 days or less is not subject 
  5.7   to forfeiture under this subdivision. 
  5.8      (e) A motor vehicle that is an off-road recreational 
  5.9   vehicle as defined in section 169.01, subdivision 86, or a 
  5.10  motorboat as defined in section 169.01, subdivision 87, is not 
  5.11  subject to paragraph (b). 
  5.12     Sec. 6.  [EFFECTIVE DATE.] 
  5.13     Sections 1 to 5 are effective the day following final 
  5.14  enactment.