1.1                          A bill for an act 
  1.2             relating to motor vehicles; establishing automobile 
  1.3             theft prevention program; creating advisory council, 
  1.4             with appointments by the governor; providing for 
  1.5             funding; establishing account; amending Minnesota 
  1.6             Statutes 1994, section 609.52, subdivision 2; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 168A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [168A.40] [AUTOMOBILE THEFT PREVENTION 
  1.11  PROGRAM.] 
  1.12     Subdivision 1.  [ADVISORY COUNCIL CREATED; MEMBERSHIP.] An 
  1.13  automobile theft prevention program is created to be 
  1.14  administered by the commissioner of public safety.  The governor 
  1.15  shall appoint an advisory council under section 15.059, which 
  1.16  shall consist of seven members representing law enforcement, 
  1.17  prosecuting attorneys, the department of public safety, 
  1.18  automobile insurers, and the public.  The council shall annually 
  1.19  elect a chair from among its members.  The council may request, 
  1.20  and the commissioner shall provide, professional, technical, 
  1.21  consulting, and clerical service staff of the department of 
  1.22  public safety.  The council is governed by section 15.059 except 
  1.23  that the term of each council member is for no longer than two 
  1.24  years.  The commissioner of the department of public safety 
  1.25  shall provide office space and administrative support to the 
  1.26  council and shall oversee its operations. 
  1.27     Subd. 2.  [PROGRAM DUTIES.] The automobile theft prevention 
  2.1   council shall advise and assist the commissioner to: 
  2.2      (1) develop and sponsor the implementation of statewide 
  2.3   plans, programs, and strategies to combat vehicle theft, review 
  2.4   the administration of the vehicle theft laws, and provide a 
  2.5   forum for identification of critical problems for those persons 
  2.6   dealing with vehicle theft; 
  2.7      (2) coordinate the development, adoption, and 
  2.8   implementation of plans, programs, and strategies relating to 
  2.9   interagency and intergovernmental cooperation with respect to 
  2.10  vehicle theft enforcement; 
  2.11     (3) audit at the commissioner's discretion the plans and 
  2.12  programs that the program has funded in whole or in part in 
  2.13  order to evaluate the effectiveness of the plans and programs, 
  2.14  and withdraw funding should the commissioner determine that a 
  2.15  plan or program is ineffective or is no longer in need of 
  2.16  further financial support from the fund; 
  2.17     (4) develop a plan of operation including an assessment of 
  2.18  the scope of the problem of vehicle theft, including areas of 
  2.19  the state where the problem is greatest; an analysis of various 
  2.20  methods of combating the problem of vehicle theft; a plan for 
  2.21  providing financial support to combat vehicle theft; a plan for 
  2.22  combating car hijacking; and an estimate of the funds required 
  2.23  to implement the plan; and 
  2.24     (5) distribute money from the vehicle theft prevention 
  2.25  account for vehicle theft prevention activities, including: 
  2.26     (i) paying the administrative costs of the council; 
  2.27     (ii) providing financial support to law enforcement 
  2.28  agencies for vehicle theft enforcement efforts; 
  2.29     (iii) providing financial support to state or local law 
  2.30  enforcement agencies for programs designed to reduce the 
  2.31  incidence of vehicle theft; 
  2.32     (iv) providing financial support to local prosecutors for 
  2.33  programs designed to reduce the incidence of vehicle theft; 
  2.34     (v) providing financial support to judicial agencies for 
  2.35  programs designed to reduce the incidence of vehicle theft; 
  2.36     (vi) providing financial support for neighborhood or 
  3.1   community organizations, business organizations, or for programs 
  3.2   designed to reduce the incidence of vehicle theft; 
  3.3      (vii) providing financial support for vehicle theft 
  3.4   educational and training programs for state and local law 
  3.5   enforcement officials, any other governmental agency involved in 
  3.6   vehicle theft, and members of the judiciary; and 
  3.7      (viii) conducting educational programs designed to inform 
  3.8   vehicle owners of methods of preventing vehicle theft. 
  3.9      On or before January 15 of each year, the council shall 
  3.10  report to the governor and legislature on its activities and 
  3.11  expenditures in the preceding year. 
  3.12     Subd. 3.  [SURCHARGE.] Each insurer in the writing of 
  3.13  policies of automobile insurance shall collect a surcharge, at 
  3.14  the rate of 50 cents per vehicle for every six months of 
  3.15  coverage, on each policy of automobile insurance providing 
  3.16  comprehensive insurance coverage issued or renewed in this 
  3.17  state.  The surcharge may not be considered premium for any 
  3.18  purpose, including the computation of premium tax or agents' 
  3.19  commissions.  The amount of the surcharge must be separately 
  3.20  stated on either a billing or policy declaration sent to an 
  3.21  insured.  Insurers shall remit the revenue derived from this 
  3.22  surcharge to the council for purposes of the vehicle theft 
  3.23  prevention program.  For purposes of this subdivision, "policy 
  3.24  of automobile insurance" has the meaning given it in section 
  3.25  65B.14, except that no vehicle with a gross vehicle weight in 
  3.26  excess of 10,000 pounds is included within this definition. 
  3.27     Subd. 4.  [AUTOMOBILE THEFT PREVENTION ACCOUNT; 
  3.28  APPROPRIATION.] A vehicle theft prevention account is created in 
  3.29  the state treasury consisting of the proceeds of the surcharge 
  3.30  imposed under subdivision 3 and earnings attributable to 
  3.31  investment of money deposited in the account.  Money in the 
  3.32  account is annually appropriated to the commissioner for the 
  3.33  purposes of this section.  
  3.34     Sec. 2.  [COMMENCEMENT OF SURCHARGE.] 
  3.35     Each insurer governed by section 1, subdivision 3, shall 
  3.36  begin to collect and remit the surcharge required by that 
  4.1   subdivision on January 1, 1997. 
  4.2      Sec. 3.  Minnesota Statutes 1994, section 609.52, 
  4.3   subdivision 2, is amended to read: 
  4.4      Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
  4.5   the following commits theft and may be sentenced as provided in 
  4.6   subdivision 3: 
  4.7      (1) intentionally and without claim of right takes, uses, 
  4.8   transfers, conceals or retains possession of movable property of 
  4.9   another without the other's consent and with intent to deprive 
  4.10  the owner permanently of possession of the property; or 
  4.11     (2) having a legal interest in movable property, 
  4.12  intentionally and without consent, takes the property out of the 
  4.13  possession of a pledgee or other person having a superior right 
  4.14  of possession, with intent thereby to deprive the pledgee or 
  4.15  other person permanently of the possession of the property; or 
  4.16     (3) obtains for the actor or another the possession, 
  4.17  custody, or title to property of or performance of services by a 
  4.18  third person by intentionally deceiving the third person with a 
  4.19  false representation which is known to be false, made with 
  4.20  intent to defraud, and which does defraud the person to whom it 
  4.21  is made.  "False representation" includes without limitation: 
  4.22     (a) the issuance of a check, draft, or order for the 
  4.23  payment of money, except a forged check as defined in section 
  4.24  609.631, or the delivery of property knowing that the actor is 
  4.25  not entitled to draw upon the drawee therefor or to order the 
  4.26  payment or delivery thereof; or 
  4.27     (b) a promise made with intent not to perform.  Failure to 
  4.28  perform is not evidence of intent not to perform unless 
  4.29  corroborated by other substantial evidence; or 
  4.30     (c) the preparation or filing of a claim for reimbursement, 
  4.31  a rate application, or a cost report used to establish a rate or 
  4.32  claim for payment for medical care provided to a recipient of 
  4.33  medical assistance under chapter 256B, which intentionally and 
  4.34  falsely states the costs of or actual services provided by a 
  4.35  vendor of medical care; or 
  4.36     (d) the preparation or filing of a claim for reimbursement 
  5.1   for providing treatment or supplies required to be furnished to 
  5.2   an employee under section 176.135 which intentionally and 
  5.3   falsely states the costs of or actual treatment or supplies 
  5.4   provided; or 
  5.5      (e) the preparation or filing of a claim for reimbursement 
  5.6   for providing treatment or supplies required to be furnished to 
  5.7   an employee under section 176.135 for treatment or supplies that 
  5.8   the provider knew were medically unnecessary, inappropriate, or 
  5.9   excessive; or 
  5.10     (4) by swindling, whether by artifice, trick, device, or 
  5.11  any other means, obtains property or services from another 
  5.12  person; or 
  5.13     (5) intentionally commits any of the acts listed in this 
  5.14  subdivision but with intent to exercise temporary control only 
  5.15  and: 
  5.16     (a) the control exercised manifests an indifference to the 
  5.17  rights of the owner or the restoration of the property to the 
  5.18  owner; or 
  5.19     (b) the actor pledges or otherwise attempts to subject the 
  5.20  property to an adverse claim; or 
  5.21     (c) the actor intends to restore the property only on 
  5.22  condition that the owner pay a reward or buy back or make other 
  5.23  compensation; or 
  5.24     (6) finds lost property and, knowing or having reasonable 
  5.25  means of ascertaining the true owner, appropriates it to the 
  5.26  finder's own use or to that of another not entitled thereto 
  5.27  without first having made reasonable effort to find the owner 
  5.28  and offer and surrender the property to the owner; or 
  5.29     (7) intentionally obtains property or services, offered 
  5.30  upon the deposit of a sum of money or tokens in a coin or token 
  5.31  operated machine or other receptacle, without making the 
  5.32  required deposit or otherwise obtaining the consent of the 
  5.33  owner; or 
  5.34     (8) intentionally and without claim of right converts any 
  5.35  article representing a trade secret, knowing it to be such, to 
  5.36  the actor's own use or that of another person or makes a copy of 
  6.1   an article representing a trade secret, knowing it to be such, 
  6.2   and intentionally and without claim of right converts the same 
  6.3   to the actor's own use or that of another person.  It shall be a 
  6.4   complete defense to any prosecution under this clause for the 
  6.5   defendant to show that information comprising the trade secret 
  6.6   was rightfully known or available to the defendant from a source 
  6.7   other than the owner of the trade secret; or 
  6.8      (9) leases or rents personal property under a written 
  6.9   instrument and who with intent to place the property beyond the 
  6.10  control of the lessor conceals or aids or abets the concealment 
  6.11  of the property or any part thereof, or any lessee of the 
  6.12  property who sells, conveys, or encumbers the property or any 
  6.13  part thereof without the written consent of the lessor, without 
  6.14  informing the person to whom the lessee sells, conveys, or 
  6.15  encumbers that the same is subject to such lease and with intent 
  6.16  to deprive the lessor of possession thereof.  Evidence that a 
  6.17  lessee used a false or fictitious name or address in obtaining 
  6.18  the property or fails or refuses to return the property to 
  6.19  lessor within five days after written demand for the return has 
  6.20  been served personally in the manner provided for service of 
  6.21  process of a civil action or sent by certified mail to the last 
  6.22  known address of the lessee, whichever shall occur later, shall 
  6.23  be evidence of intent to violate this clause.  Service by 
  6.24  certified mail shall be deemed to be complete upon deposit in 
  6.25  the United States mail of such demand, postpaid and addressed to 
  6.26  the person at the address for the person set forth in the lease 
  6.27  or rental agreement, or, in the absence of the address, to the 
  6.28  person's last known place of residence; or 
  6.29     (10) alters, removes, or obliterates numbers or symbols 
  6.30  placed on movable property for purpose of identification by the 
  6.31  owner or person who has legal custody or right to possession 
  6.32  thereof with the intent to prevent identification, if the person 
  6.33  who alters, removes, or obliterates the numbers or symbols is 
  6.34  not the owner and does not have the permission of the owner to 
  6.35  make the alteration, removal, or obliteration; or 
  6.36     (11) with the intent to prevent the identification of 
  7.1   property involved, so as to deprive the rightful owner of 
  7.2   possession thereof, alters or removes any permanent serial 
  7.3   number, permanent distinguishing number or manufacturer's 
  7.4   identification number on personal property or possesses, sells 
  7.5   or buys any personal property ~~with knowledge~~ knowing or having 
  7.6   reason to know that the permanent serial number, permanent 
  7.7   distinguishing number or manufacturer's identification number 
  7.8   has been removed or altered may be sentenced in accordance with 
  7.9   the provisions of section 609.52, subdivision 3; or 
  7.10     (12) intentionally deprives another of a lawful charge for 
  7.11  cable television service by: 
  7.12     (i) making or using or attempting to make or use an 
  7.13  unauthorized external connection outside the individual dwelling 
  7.14  unit whether physical, electrical, acoustical, inductive, or 
  7.15  other connection, or by 
  7.16     (ii) attaching any unauthorized device to any cable, wire, 
  7.17  microwave, or other component of a licensed cable communications 
  7.18  system as defined in chapter 238.  Nothing herein shall be 
  7.19  construed to prohibit the electronic video rerecording of 
  7.20  program material transmitted on the cable communications system 
  7.21  by a subscriber for fair use as defined by Public Law Number 
  7.22  94-553, section 107; or 
  7.23     (13) except as provided in paragraphs (12) and (14), 
  7.24  obtains the services of another with the intention of receiving 
  7.25  those services without making the agreed or reasonably expected 
  7.26  payment of money or other consideration; or 
  7.27     (14) intentionally deprives another of a lawful charge for 
  7.28  telecommunications service by:  
  7.29     (i) making, using, or attempting to make or use an 
  7.30  unauthorized connection whether physical, electrical, by wire, 
  7.31  microwave, radio, or other means to a component of a local 
  7.32  telecommunication system as provided in chapter 237; or 
  7.33     (ii) attaching an unauthorized device to a cable, wire, 
  7.34  microwave, radio, or other component of a local 
  7.35  telecommunication system as provided in chapter 237.  
  7.36     The existence of an unauthorized connection is prima facie 
  8.1   evidence that the occupier of the premises:  
  8.2      (i) made or was aware of the connection; and 
  8.3      (ii) was aware that the connection was unauthorized; or 
  8.4      (15) with intent to defraud, diverts corporate property 
  8.5   other than in accordance with general business purposes or for 
  8.6   purposes other than those specified in the corporation's 
  8.7   articles of incorporation; or 
  8.8      (16) with intent to defraud, authorizes or causes a 
  8.9   corporation to make a distribution in violation of section 
  8.10  302A.551, or any other state law in conformity with it; or 
  8.11     (17) intentionally takes or drives a motor vehicle without 
  8.12  the consent of the owner or an authorized agent of the owner. 
  8.13     Sec. 5.  [EFFECTIVE DATE; EXPIRATION.] 
  8.14     Sections 1 and 2 are effective January 1, 1997, and expire 
  8.15  on January 1, 2002.