Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 466-S.F.No. 3036
An act relating to penalties; providing for seizure
and administrative forfeiture of certain firearms and
abandoned property; modifying authority to issue
trespass citations; modifying provisions for forfeited
vehicles; requiring a report of gross violations of
game and fish law; providing civil penalties; amending
Minnesota Statutes 1998, sections 97B.002, subdivision
1; 169.1217, by adding a subdivision; and 609.5312,
subdivision 4; Minnesota Statutes 1999 Supplement,
section 169.1217, subdivision 7a; proposing coding for
new law in Minnesota Statutes, chapter 97A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [97A.223] [SEIZURE AND ADMINISTRATIVE
FORFEITURE OF CERTAIN FIREARMS AND ABANDONED PROPERTY.]
Subdivision 1. [PROPERTY SUBJECT TO SEIZURE AND
FORFEITURE.] (a) An enforcement officer must seize:
(1) firearms possessed in violation of state or federal law
or court order; and
(2) property described in section 97A.221, subdivision 1,
where no owner can be determined.
(b) Property seized under this section is subject to
administrative forfeiture.
Subd. 2. [NOTICE OF SEIZURE AND INTENT TO FORFEIT.] When
property is seized under subdivision 1, the enforcement officer
shall serve any known owner and person possessing the property
with a notice of the seizure and intent to forfeit the
property. The notice must be in writing, describing the
property seized, the date of seizure, and notice of the right to
appeal the seizure and forfeiture as described in subdivision 3.
Subd. 3. [APPEAL; FINAL ORDER.] Seizure and administrative
forfeiture of property under this section may be appealed under
the procedures in section 116.072, subdivision 6, if the owner
or other person from whom the property was seized requests a
hearing by notifying the commissioner in writing within 45 days
after seizure of the property. For purposes of this section,
the terms "commissioner" and "agency" as used in section 116.072
mean the commissioner of natural resources. If a hearing is not
requested within 45 days of seizure, the forfeiture becomes a
final order and not subject to further review.
Subd. 4. [OTHER REMEDIES.] The authority to forfeit
firearms and other property under this section is in addition to
other remedies available under state and federal law.
Subd. 5. [DISPOSAL OF FORFEITED PROPERTY.] Forfeited
property under this section may be disposed of as contraband
according to section 97A.221, subdivision 4.
Sec. 2. Minnesota Statutes 1998, section 97B.002,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] Conservation
officers, sheriffs, and deputies may issue citations to a person
who trespasses in violation of section 84.90 or 97B.001 or
removes a sign posted to prevent trespass without permission of
the owner of the property.
Sec. 3. Minnesota Statutes 1999 Supplement, section
169.1217, subdivision 7a, is amended to read:
Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, the
appropriate agency shall serve the driver or operator of the
vehicle with a notice of the seizure and intent to forfeit the
vehicle. Additionally, when a motor vehicle is seized under
subdivision 2, or within a reasonable time after that, all
persons known to have an ownership, possessory, or security
interest in the vehicle must be notified of the seizure and the
intent to forfeit the vehicle. The notification to a person
known to have a security interest in the vehicle is required
only if the vehicle is registered under chapter 168 and the
interest is listed on the vehicle's title. Notice mailed by
certified mail to the address shown in department of public
safety records is sufficient notice to the registered owner of
the vehicle. Otherwise, notice may be given in the manner
provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."
(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture, and the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. If the
value of the seized property is less than $500, the claimant
does not have to pay the conciliation court filing fee. No
responsive pleading is required of the prosecuting authority and
no court fees may be charged for the prosecuting authority's
appearance in the matter. Except as provided in this section,
judicial reviews and hearings are governed by section 169.123,
subdivisions 5c and 6, and shall, at the option of the
prosecuting authority, may take place at the same time as any
judicial review of the person's license revocation under section
169.123. If the judicial review and hearing under this section
do not take place at the same time as the judicial review of the
person's license revocation under section 169.123, the review
and hearing must take place at the earliest practicable date.
The proceedings may be combined with any hearing on a petition
filed under section 169.123, subdivision 5c, and are governed by
the rules of civil procedure.
(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized and the plaintiff's
interest in the vehicle seized. Notwithstanding any law to the
contrary, an action for the return of a vehicle seized under
this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture
unless the person has complied with this subdivision.
(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the appropriate agency
must conduct the forfeiture under subdivision 8.
(g) If a demand for judicial determination of an
administrative forfeiture is filed under this subdivision and
the court orders the return of the seized vehicle, the court
shall order that filing fees be reimbursed to the person who
filed the demand. In addition, the court may order sanctions
under section 549.211.
Sec. 4. Minnesota Statutes 1998, section 169.1217, is
amended by adding a subdivision to read:
Subd. 10. [SALE OF FORFEITED VEHICLE BY SECURED
PARTY.] (a) A financial institution with a valid security
interest in or a valid lease covering a forfeited vehicle may
choose to dispose of the vehicle under this subdivision, in lieu
of the appropriate agency disposing of the vehicle under
subdivision 9. A financial institution wishing to dispose of a
vehicle under this subdivision shall notify the appropriate
agency of its intent, in writing, within 30 days after receiving
notice of the seizure and forfeiture. The appropriate agency
shall release the vehicle to the financial institution or its
agent after the financial institution presents proof of its
valid security agreement or of its lease agreement and the
financial institution agrees not to sell the vehicle to a member
of the violator's household, unless the violator is not
convicted of the offense on which the forfeiture is based. The
financial institution shall dispose of the vehicle in a
commercially reasonable manner as defined in section 336.9-504.
(b) After disposing of the forfeited vehicle, the financial
institution shall reimburse the appropriate agency for its
seizure, storage, and forfeiture costs. The financial
institution may then apply the proceeds of the sale to its
storage costs, to its sale expenses, and to satisfy the lien or
the lease on the vehicle. If any proceeds remain, the financial
institution shall forward the proceeds to the state treasury,
which shall credit the appropriate fund as specified in
subdivision 9.
Sec. 5. Minnesota Statutes 1998, section 609.5312,
subdivision 4, is amended to read:
Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.]
(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit a violation of section
609.487 and endanger life or property. A motor vehicle is
subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the
offense. Except as otherwise provided in this subdivision, a
forfeiture under this subdivision is governed by sections
609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification
required by this paragraph;
(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or
(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.
(c) If the defendant is acquitted or the charges against
the defendant are dismissed, neither the owner nor the defendant
is responsible for paying any costs associated with the seizure
or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.
(e) A motor vehicle that is an off-road recreational
vehicle as defined in section 169.01, subdivision 86, or a
motorboat as defined in section 169.01, subdivision 87, is not
subject to paragraph (b).
Sec. 6. [ASSESSING GROSS VIOLATIONS; REPORT.]
The commissioner of natural resources must review and
assess gross violations of taking game and fish resources. A
report on increased penalties for gross violations must be
completed by the commissioner by February 1, 2001, and delivered
to the house and senate committees on natural resources policy
and finance.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 6 are effective the day following final
enactment.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:48 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes