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SF 151

as introduced - 90th Legislature (2017 - 2018) Posted on 04/05/2017 08:54am

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

Bill Text Versions

Engrossments Comparisons
Introduction Posted on 01/13/2017 compared with HF389 as Introduced

Current Version - as introduced

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A bill for an act
relating to public safety; modifying vehicle forfeiture provisions to include more
than one owner of a vehicle; amending Minnesota Statutes 2016, section 169A.63,
subdivision 7.

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

Section 1.

Minnesota Statutes 2016, section 169A.63, subdivision 7, is amended to read:


Subd. 7.

Limitations on vehicle forfeiture.

(a) A vehicle is presumed subject to forfeiture
under this section if:

(1) the driver is convicted of the designated offense upon which the forfeiture is based;

(2) the driver fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours after the time
required for appearance; or

(3) the driver's conduct results in a designated license revocation and the driver fails to
seek judicial review of the revocation in a timely manner as required by section 169A.53,
subdivision 2
, (petition for judicial review), or the license revocation is judicially reviewed
and sustained under section 169A.53, subdivision 2.

(b) A vehicle encumbered by a security interest perfected according to section 168A.17,
subdivision 2
, or subject to a lease that has a term of 180 days or more, is subject to the
interest of the secured party or lessor unless the party or lessor had knowledge of or consented
to the act upon which the forfeiture is based. However, when the proceeds of the sale of a
seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency
shall remit all proceeds of the sale to the secured party after deducting the agency's costs
for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is
conducted in a commercially reasonable manner consistent with the provisions of section
336.9-610, the agency is not liable to the secured party for any amount owed on the loan in
excess of the sale proceeds. The validity and amount of a nonperfected security interest
must be established by its holder by clear and convincing evidence.

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is
not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act
or omission upon which the forfeiture is based if the secured party or lessor demonstrates
by clear and convincing evidence that the party or lessor took reasonable steps to terminate
use of the vehicle by the offender.

(d) A motor vehicle is not subject to forfeiture under this section ifnew text begin any ofnew text end its deleted text beginownerdeleted text endnew text begin
owners who petition the court
new text end can demonstrate by clear and convincing evidence that thenew text begin
petitioning
new text end owner did not have actual or constructive knowledge that the vehicle would be
used or operated in any manner contrary to law or that thenew text begin petitioningnew text end owner took reasonable
steps to prevent use of the vehicle by the offender. If the offender is a family or household
member ofnew text begin any ofnew text end the deleted text beginownerdeleted text endnew text begin owners who petition the courtnew text end and has three or more prior
impaired driving convictions, thenew text begin petitioningnew text end owner is presumed to know of any vehicle use
by the offender that is contrary to law. "Vehicle use contrary to law" includes, but is not
limited to, violations of the following statutes:

(1) section 171.24 (violations; driving without valid license);

(2) section 169.791 (criminal penalty for failure to produce proof of insurance);

(3) section 171.09 (driving restrictions; authority, violations);

(4) section 169A.20 (driving while impaired);

(5) section 169A.33 (underage drinking and driving); and

(6) section 169A.35 (open bottle law).