1.1 	A bill for an act
1.2 	relating to crimes; exempting law enforcement agency
1.3 	that forfeits a vehicle involved in impaired driving
1.4 	offense from requirement to obtain vehicle title in
1.5 	its name before transferring vehicle; permitting
1.6 	Bureau of Criminal Apprehension to certify chemical
1.7 	test results directly to commissioner of public safety
1.8 	for driver's license action; further limiting scope of
1.9 	judicial review of license plate impoundment order;
1.10 	expanding proof of service requirement for petitioner
1.11 	appealing license plate impoundment or vehicle
1.12 	forfeiture order; clarifying conditions under which
1.13 	new license plates may be issued following plate
1.14 	impoundment; amending Minnesota Statutes 2004,
1.15 	sections 168A.12, by adding a subdivision; 169A.52,
1.16 	subdivision 4; 169A.60, subdivisions 10, 11; 169A.63,
1.17 	subdivision 8.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	Section 1. Minnesota Statutes 2004, section 168A.12, is
1.20 	amended by adding a subdivision to read:
1.21 		Subd. 2a.Owner's interest terminated or vehicle sold
1.22 	pursuant to forfeiture. If the interest of the owner is
1.23 	terminated pursuant to section 169A.63, the appropriate agency
1.24 	as defined in section 169A.63, subdivision 1, shall promptly
1.25 	mail or deliver to the Department of Public Safety the last
1.26 	certificate of title, if available, an application for a new
1.27 	certificate in the format the department prescribes, and an
1.28 	affidavit made by or on behalf of the appropriate agency that
1.29 	the interest of the owner was lawfully terminated.  However, if
1.30 	the appropriate agency holds the vehicle for resale, it need not
1.31 	secure a new certificate of title if:
2.1 	(1) the appropriate agency mails or delivers to the
2.2 	department notice that it is holding the vehicle for resale;
2.3 	(2) the notice is in duplicate and in a format required by
2.4 	the department; and 
2.5 	(3) the notice is sent within 48 hours of the completed
2.6 	forfeiture.
2.7 	However, upon transfer to another person the appropriate agency
2.8 	shall promptly execute assignment and warranty of title and mail
2.9 	or deliver to the transferee or the department the certificate,
2.10 	if available, the affidavit, and other documents required to be
2.11 	sent to the department by the appropriate agency.
2.12 	
EFFECTIVE DATE. This section is effective the day
2.13 	following final enactment.

2.14 	Sec. 2. Minnesota Statutes 2004, section 169A.52,
2.15 	subdivision 4, is amended to read:
2.16 		Subd. 4.Test failure; license revocation.  (a) Upon
2.17 	certification by the peace officer that there existed probable
2.18 	cause to believe the person had been driving, operating, or in
2.19 	physical control of a motor vehicle in violation of section
2.20 	169A.20 (driving while impaired) and that the person submitted
2.21 	to a test and the test results indicate an alcohol concentration
2.22 	of 0.08 or more or the presence of a controlled substance listed
2.23 	in schedule I or II, other than marijuana or
2.24 	tetrahydrocannabinols, then the commissioner shall revoke the
2.25 	person's license or permit to drive, or nonresident operating
2.26 	privilege:
2.27 	(1) for a period of 90 days;
2.28 	(2) if the person is under the age of 21 years, for a
2.29 	period of six months;
2.30 	(3) for a person with a qualified prior impaired driving
2.31 	incident within the past ten years, for a period of 180 days; or
2.32 	(4) if the test results indicate an alcohol concentration
2.33 	of 0.20 or more, for twice the applicable period in clauses (1)
2.34 	to (3).
2.35 	(b) On certification by the peace officer that there
2.36 	existed probable cause to believe the person had been driving,
3.1 	operating, or in physical control of a commercial motor vehicle
3.2 	with any presence of alcohol and that the person submitted to a
3.3 	test and the test results indicated an alcohol concentration of
3.4 	0.04 or more, the commissioner shall disqualify the person from
3.5 	operating a commercial motor vehicle under section 171.165
3.6 	(commercial driver's license disqualification).
3.7 	(c) If the test is of a person's blood or urine by a
3.8 	laboratory operated by the Bureau of Criminal Apprehension, the
3.9 	laboratory may directly certify to the commissioner the test
3.10 	results, and the peace officer shall certify to the commissioner
3.11 	that there existed probable cause to believe the person had been
3.12 	driving, operating, or in physical control of a motor vehicle in
3.13 	violation of section 169A.20 and that the person submitted to a
3.14 	test.  Upon receipt of both certifications, the commissioner
3.15 	shall undertake the license actions described in paragraphs (a)
3.16 	and (b).
3.17 	
EFFECTIVE DATE. This section is effective August 1, 2006,
3.18 	and applies to blood and urine test samples analyzed on or after
3.19 	that date.

3.20 	Sec. 3. Minnesota Statutes 2004, section 169A.60,
3.21 	subdivision 10, is amended to read:
3.22 		Subd. 10.Petition for judicial review.  (a) Within 30
3.23 	days following receipt of a notice and order of impoundment
3.24 	under this section, a person may petition the court for review.
3.25 	The petition must include proof of service of a copy of the
3.26 	petition on the commissioner.The petition must include the
3.27 	petitioner's date of birth, driver's license number, and date of
3.28 	the plate impoundment violation, as well as the name of the
3.29 	violator and the law enforcement agency that issued the plate
3.30 	impoundment order.  The petition must state with specificity the
3.31 	grounds upon which the petitioner seeks rescission of the order
3.32 	for impoundment.  The petition may be combined with any petition
3.33 	filed under section 169A.53 (administrative and judicial review
3.34 	of license revocation).
3.35 	(b) Except as otherwise provided in this section, the
3.36 	judicial review and hearing are governed by section 169A.53 and
4.1 	must take place at the same time as any judicial review of the
4.2 	person's license revocation under section 169A.53.  The filing
4.3 	of the petition does not stay the impoundment order.  The
4.4 	reviewing court may order a stay of the balance of the
4.5 	impoundment period if the hearing has not been conducted within
4.6 	60 days after filing of the petition upon terms the court deems
4.7 	proper.  The court shall order either that the impoundment be
4.8 	rescinded or sustained, and forward the order to the
4.9 	commissioner.  The court shall file its order within 14 days
4.10 	following the hearing.
4.11 	(c) In addition to the issues described in section 169A.53,
4.12 	subdivision 3 (judicial review of license revocation), the scope
4.13 	of a hearing under this subdivision is limited to:
4.14 	(1) whether the violator owns, is the registered owner of,
4.15 	possesses, or has access to the vehicle used in the plate
4.16 	impoundment violation;
4.17 	(2) whether a member of the violator's household has a
4.18 	valid driver's license, the violator or registered owner has a
4.19 	limited license issued under section 171.30, the registered
4.20 	owner is not the violator, and the registered owner has a valid
4.21 	or limited driver's license, or a member of the registered
4.22 	owner's household has a valid driver's license; and 
4.23 	(3) if the impoundment is based on a plate impoundment
4.24 	violation described in subdivision 1, paragraph (c), clause (3)
4.25 	or (4),whether the peace officer had probable cause to believe
4.26 	the violator committed the plate impoundment violation and
4.27 	whether the evidence demonstrates that the plate impoundment
4.28 	violation occurred.
4.29 	(d) In a hearing under this subdivision, the following
4.30 	records are admissible in evidence:
4.31 	(1) certified copies of the violator's driving record; and
4.32 	(2) certified copies of vehicle registration records
4.33 	bearing the violator's name.
4.34 	
EFFECTIVE DATE. This section is effective August 1, 2005.

4.35 	Sec. 4. Minnesota Statutes 2004, section 169A.60,
4.36 	subdivision 11, is amended to read:
5.1 		Subd. 11.Rescission of revocation;and dismissal or
5.2 	acquittal; new plates.  If:
5.3 	(1) the driver's license revocation that is the basis for
5.4 	an impoundment order is rescinded; and 
5.5 	(2) the charges for the plate impoundment violation have
5.6 	been dismissed with prejudice;or
5.7 	(3) the violator has been acquitted of the plate
5.8 	impoundment violation;
5.9 	then the registrar of motor vehicles shall issue new
5.10 	registration plates for the vehicle at no cost, when the
5.11 	registrar receives an application that includes a copy of the
5.12 	order rescinding the driver's license revocation,and either the
5.13 	order dismissing the charges,or the judgment of acquittal.
5.14 	
EFFECTIVE DATE. This section is effective the day
5.15 	following final enactment.

5.16 	Sec. 5. Minnesota Statutes 2004, section 169A.63,
5.17 	subdivision 8, is amended to read:
5.18 		Subd. 8.Administrative forfeiture procedure.  (a) A
5.19 	motor vehicle used to commit a designated offense or used in
5.20 	conduct resulting in a designated license revocation is subject
5.21 	to administrative forfeiture under this subdivision.
5.22 	(b) When a motor vehicle is seized under subdivision 2, or
5.23 	within a reasonable time after seizure, the appropriate agency
5.24 	shall serve the driver or operator of the vehicle with a notice
5.25 	of the seizure and intent to forfeit the vehicle.  Additionally,
5.26 	when a motor vehicle is seized under subdivision 2, or within a
5.27 	reasonable time after that, all persons known to have an
5.28 	ownership, possessory, or security interest in the vehicle must
5.29 	be notified of the seizure and the intent to forfeit the
5.30 	vehicle.  For those vehicles required to be registered under
5.31 	chapter 168, the notification to a person known to have a
5.32 	security interest in the vehicle is required only if the vehicle
5.33 	is registered under chapter 168 and the interest is listed on
5.34 	the vehicle's title.  Notice mailed by certified mail to the
5.35 	address shown in Department of Public Safety records is
5.36 	sufficient notice to the registered owner of the vehicle.  For
6.1 	motor vehicles not required to be registered under chapter 168,
6.2 	notice mailed by certified mail to the address shown in the
6.3 	applicable filing or registration for the vehicle is sufficient
6.4 	notice to a person known to have an ownership, possessory, or
6.5 	security interest in the vehicle.  Otherwise, notice may be
6.6 	given in the manner provided by law for service of a summons in
6.7 	a civil action.
6.8 	(c) The notice must be in writing and contain:
6.9 	(1) a description of the vehicle seized;
6.10 	(2) the date of seizure; and
6.11 	(3) notice of the right to obtain judicial review of the
6.12 	forfeiture and of the procedure for obtaining that judicial
6.13 	review, printed in English, Hmong, and Spanish.  Substantially
6.14 	the following language must appear conspicuously:  "IF YOU DO
6.15 	NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
6.16 	STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
6.17 	A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
6.18 	RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT
6.19 	HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
6.20 	UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR
6.21 	LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT
6.22 	HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
6.23 	WORTH LESS THAN $500."
6.24 	(d) Within 30 days following service of a notice of seizure
6.25 	and forfeiture under this subdivision, a claimant may file a
6.26 	demand for a judicial determination of the forfeiture.  The
6.27 	demand must be in the form of a civil complaint and must be
6.28 	filed with the court administrator in the county in which the
6.29 	seizure occurred, together with proof of service of a copy of
6.30 	the complaint on the prosecuting authority having jurisdiction
6.31 	over the forfeiture,and the appropriate agency that initiated
6.32 	the forfeiture, including the standard filing fee for civil
6.33 	actions unless the petitioner has the right to sue in forma
6.34 	pauperis under section 563.01.  If the value of the seized
6.35 	property is $7,500 or less, the claimant may file an action in
6.36 	conciliation court for recovery of the seized vehicle.  A copy
7.1 	of the conciliation court statement of claim must be served
7.2 	personally or by mail on the prosecuting authority having
7.3 	jurisdiction over the forfeiture, as well as on the appropriate
7.4 	agency that initiated the forfeiture,within 30 days following
7.5 	service of the notice of seizure and forfeiture under this
7.6 	subdivision.  If the value of the seized property is less than
7.7 	$500, the claimant does not have to pay the conciliation court
7.8 	filing fee.
7.9 	No responsive pleading is required of the prosecuting
7.10 	authority and no court fees may be charged for the prosecuting
7.11 	authority's appearance in the matter. The prosecuting authority
7.12 	may appear for the appropriate agency.Pleadings, filings, and
7.13 	methods of service are governed by the Rules of Civil Procedure.
7.14 	(e) The complaint must be captioned in the name of the
7.15 	claimant as plaintiff and the seized vehicle as defendant, and
7.16 	must state with specificity the grounds on which the claimant
7.17 	alleges the vehicle was improperly seized, the claimant's
7.18 	interest in the vehicle seized, and any affirmative defenses the
7.19 	claimant may have.  Notwithstanding any law to the contrary, an
7.20 	action for the return of a vehicle seized under this section may
7.21 	not be maintained by or on behalf of any person who has been
7.22 	served with a notice of seizure and forfeiture unless the person
7.23 	has complied with this subdivision.
7.24 	(f) If the claimant makes a timely demand for a judicial
7.25 	determination under this subdivision, the forfeiture proceedings
7.26 	must be conducted as provided under subdivision 9.
7.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.28 	and applies to forfeiture actions initiated on or after that
7.29 	date.