SF 2437

as introduced - 90th Legislature (2017 - 2018) Posted on 05/23/2017 09:34am

A bill for an act
relating to public safety; requiring administrative impoundment of license plates
of a level III predatory offender; proposing coding for new law in Minnesota
Statutes, chapter 168.

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

Section 1.

new text begin [168.045] ADMINISTRATIVE IMPOUNDMENT OF PLATES; LEVEL
III PREDATORY OFFENDER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given in this subdivision.
new text end

new text begin (b) "Family or household member" means:
new text end

new text begin (1) a parent, stepparent, or guardian;
new text end

new text begin (2) any of the following persons related by blood, marriage, or adoption: brother, sister,
stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, or great-aunt; or
new text end

new text begin (3) persons residing together or persons who regularly associate and communicate with
one another outside of a workplace setting.
new text end

new text begin (c) "Motor vehicle" means a self-propelled motor vehicle. Motor vehicle does not include
a motorboat in operation or an off-road recreational vehicle.
new text end

new text begin (d) "Offender" means a level III predatory offender as defined in section 244.052.
new text end

new text begin Subd. 2. new text end

new text begin Plate impoundment violation; impoundment order. new text end

new text begin (a) The commissioner
must issue a registration plate impoundment order when an offender is assigned to risk level
III.
new text end

new text begin (b) The order must require the impoundment of the registration plates for the motor
vehicle involved in the plate impoundment violation and all motor vehicles owned by,
registered to, or leased in the name of the offender, including any motor vehicle registered
jointly or leased in the name of the offender and another. The commissioner must not issue
an impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.
new text end

new text begin Subd. 3. new text end

new text begin Notice of impoundment. new text end

new text begin An impoundment order is effective when the
commissioner or a peace officer acting on behalf of the commissioner notifies the offender
or the registered owner of the motor vehicle of the intent to impound and an order of
impoundment. The notice must advise the offender of the duties and obligations under
subdivision 6 and of the right to obtain administrative and judicial review. The notice to
the registered owner who is not the offender must include the procedure to obtain new
registration plates under subdivision 8. If mailed, the notice and order of impoundment is
deemed received three days after the notice is mailed to the last known address of the
offender or registered owner.
new text end

new text begin Subd. 4. new text end

new text begin Peace officer as agent for notice of impoundment. new text end

new text begin A peace officer issuing a
notice of intent to revoke and a revocation notice for a plate impoundment violation on
behalf of the commissioner must also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the plate impoundment violation is accessible to
the officer at the time the impoundment order is issued, the officer must seize the registration
plates subject to the impoundment order. The officer must destroy all plates seized or
impounded under this section. The officer must send to the commissioner copies of the
notice of intent to impound, the order of impoundment, and a notice that the registration
plates impounded and seized under this section have been destroyed.
new text end

new text begin Subd. 5. new text end

new text begin Temporary permit. new text end

new text begin If the motor vehicle is registered to the offender, the officer
must issue a temporary vehicle permit that is valid for seven days at the time the officer
issues the notices under subdivision 4. If the motor vehicle is registered in the name of
another person, the officer must issue a temporary vehicle permit that is valid for 45 days
at the time the notices are issued under subdivision 3. The permit must be in a form
determined by the registrar and must be posted on the left side of the inside rear window
of the vehicle whenever practicable. A permit is valid only for the vehicle for which the
permit is issued.
new text end

new text begin Subd. 6. new text end

new text begin Surrender of plates. new text end

new text begin Within seven days after the impoundment notice is issued,
a person who receives a notice of impoundment and impoundment order must surrender all
registration plates subject to the impoundment order that were not seized by a peace officer
under subdivision 4. Registration plates required to be surrendered under this subdivision
must be surrendered to a Minnesota police department, sheriff, or the State Patrol, along
with a copy of the impoundment order. A law enforcement agency receiving registration
plates under this subdivision must destroy the plates and notify the commissioner that the
plates have been destroyed. The notification to the commissioner must also include a copy
of the impoundment order.
new text end

new text begin Subd. 7. new text end

new text begin Vehicle not owned by offender. new text end

new text begin An offender may file a sworn statement with
the commissioner within seven days of the date an impoundment order is issued. The sworn
statement must contain any material information relating to the impoundment order, including
whether the vehicle has been sold or destroyed, and must provide the date, name, location,
and address of the person or entity that purchased or destroyed the vehicle. The commissioner
must rescind the impoundment order if the offender shows that the impoundment order was
not properly issued.
new text end

new text begin Subd. 8. new text end

new text begin Reissuance of registration plates. new text end

new text begin (a) The commissioner must rescind the
impoundment order of a person subject to an order under this section, other than the offender,
if:
new text end

new text begin (1) the offender had a valid driver's license on the date of the plate impoundment violation
and the person files with the commissioner an acceptable sworn statement containing the
following information:
new text end

new text begin (i) the person is the registered owner of the vehicle from which the plates have been
impounded under this section;
new text end

new text begin (ii) the person is the current owner and possessor of the vehicle used in the violation;
new text end

new text begin (iii) the date on which the offender obtained the vehicle from the registered owner;
new text end

new text begin (iv) the residence addresses of the registered owner and the offender on the date the
offender obtained the vehicle from the registered owner;
new text end

new text begin (v) the person was not a passenger in the vehicle at the time of the plate impoundment
violation; and
new text end

new text begin (vi) the person knows that the offender may not drive, operate, or be in physical control
of a vehicle without a valid driver's license; or
new text end

new text begin (2) the offender did not have a valid driver's license on the date of the plate impoundment
violation and the person made a report to law enforcement before the violation stating that
the vehicle had been taken from the person's possession or was being used without
permission.
new text end

new text begin (b) A person who has failed to make a report as provided in paragraph (a), clause (2),
may be issued special registration plates under subdivision 13 for a period of one year from
the effective date of the impoundment order. Following this period, the person may apply
for regular registration plates.
new text end

new text begin (c) If the order is rescinded, the owner must receive new registration plates at no cost,
if the plates were seized and destroyed.
new text end

new text begin Subd. 9. new text end

new text begin Administrative review. new text end

new text begin At any time during the effective period of an
impoundment order, a person may request in writing a review of the impoundment order
by the commissioner. On receiving a request, the commissioner or commissioner's designee
must review the order, the evidence upon which the order was based, and any other material
information brought to the attention of the commissioner, and determine whether sufficient
cause exists to sustain the order. The commissioner must report in writing the results of the
review within 15 days of receiving the request. The review provided under this subdivision
is not subject to the contested case provisions of the Administrative Procedure Act, chapter
14. As a result of the review, the commissioner may authorize the issuance of new registration
plates at no cost to the registered owner of the vehicle if the registered owner's license or
driving privileges were not revoked as a result of the plate impoundment violation.
new text end

new text begin Subd. 10. new text end

new text begin Petition for judicial review. new text end

new text begin (a) A person may petition the court for review
within 30 days following receipt of a notice and order of impoundment under this section.
The petition must include proof of service of a copy of the petition on the commissioner.
The petition must include the petitioner's date of birth, driver's license number, and date of
the plate impoundment violation, as well as the name of the offender and law enforcement
agency that issued the plate impoundment order. The petition must state with specificity
the grounds upon which the petitioner seeks rescission of the order for impoundment.
new text end

new text begin (b) The filing of the petition does not stay the impoundment order. The reviewing court
may order a stay of the balance of the impoundment period if the hearing has not been
conducted within 60 days after filing of the petition, upon terms the court deems proper.
The court must order that the impoundment be rescinded or sustained, and forward the order
to the commissioner. The court must file its order within 14 days following the hearing.
new text end

new text begin Subd. 11. new text end

new text begin Rescission of revocation and dismissal or acquittal; new plates. new text end

new text begin If the
driver's license revocation that is the basis for an impoundment order is rescinded, the
registrar of motor vehicles must issue new registration plates for the vehicle at no cost upon
receiving an application that includes a copy of the order rescinding the driver's license
revocation and either the order dismissing the charges or the judgment of acquittal.
new text end

new text begin Subd. 12. new text end

new text begin Charge for reinstatement of plates in certain situations. new text end

new text begin When the registrar
of motor vehicles reinstates a person's registration plates after impoundment for reasons
other than those described in subdivision 11, the registrar must charge the person $50 per
vehicle for which the registration plates are being reinstated.
new text end

new text begin Subd. 13. new text end

new text begin Special registration plates. new text end

new text begin (a) At any time during the effective period of an
impoundment order, an offender or registered owner may apply to the commissioner for
new registration plates. The commissioner may authorize the issuance of special plates if:
new text end

new text begin (1) the offender has a qualified licensed driver, whom the offender must identify;
new text end

new text begin (2) the offender or registered owner has a limited license issued under section 171.30;
new text end

new text begin (3) the registered owner is not the offender and the registered owner has a valid or limited
driver's license;
new text end

new text begin (4) a member of the registered owner's household has a valid driver's license; or
new text end

new text begin (5) the offender has been reissued a valid driver's license.
new text end

new text begin (b) Special registration plates issued under this subdivision must bear a special series
of numbers or letters so as to be readily identified by law enforcement officers.
new text end

new text begin (c) The commissioner is prohibited from issuing new registration plates for a vehicle
subject to plate impoundment for a period of at least one year from the date of the
impoundment order. In addition, if the owner is the offender, new registration plates must
not be issued for the vehicle unless the person has been reissued a valid driver's license
under chapter 171.
new text end

new text begin (d) An offender is prohibited from applying for new registration plates for a vehicle at
any time before the person's driver's license is reinstated.
new text end

new text begin (e) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested.
new text end

new text begin (f) Notwithstanding paragraphs (a) to (e), the commissioner must issue upon request
new registration plates for a vehicle with impounded registration plates if:
new text end

new text begin (1) the impoundment order is rescinded;
new text end

new text begin (2) the vehicle is transferred in compliance with subdivision 14; or
new text end

new text begin (3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency.
new text end

new text begin Subd. 14. new text end

new text begin Sale of vehicle subject to impoundment order. new text end

new text begin (a) A registered owner is
prohibited from selling or transferring a motor vehicle during the time its registration plates
have been ordered impounded or during the time its registration plates bear a special series
number, unless:
new text end

new text begin (1) the sale is for a valid consideration;
new text end

new text begin (2) the transferee and the registered owner are not family or household members;
new text end

new text begin (3) the transferee signs an acceptable sworn statement with the commissioner attesting:
new text end

new text begin (i) the transferee and offender are not family or household members; and
new text end

new text begin (ii) the transferee understands the vehicle is subject to an impoundment order; and
new text end

new text begin (4) all elements of section 168A.10 are satisfied.
new text end

new text begin (b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title to
the new owner upon proper application and issue new registration plates for the vehicle.
new text end

new text begin Subd. 15. new text end

new text begin Acquiring another vehicle. new text end

new text begin If the offender applies to the commissioner for
registration plates for any vehicle during the effective period of the plate impoundment, the
commissioner is prohibited from issuing registration plates unless (1) the offender qualifies
for special registration plates under subdivision 13, and (2) the plates issued are special
plates described under subdivision 13.
new text end

new text begin Subd. 16. new text end

new text begin Fees credited. new text end

new text begin Fees collected from the sale or reinstatement of license plates
under this section must be paid into the state treasury and credited as follows:
new text end

new text begin (1) one-half to the vehicle services operating account in the special revenue fund under
section 299A.705; and
new text end

new text begin (2) one-half to the general fund.
new text end