Minnesota 2023-2024 Regular Session

Minnesota House Bill HF118 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to judiciary; permitting complaints in certain forfeiture matters to be served
3	3	1.3 by certified mail; permitting statements of claim in certain forfeiture matters to be
4	4	1.4 served pursuant to the Rules of Conciliation Court Procedure; removing references
5	5	1.5 to a repealed statute; amending Minnesota Statutes 2022, sections 169A.63,
6	6	1.6 subdivision 8; 504B.301; 609.5314, subdivision 3; repealing Minnesota Statutes
7	7	1.7 2022, section 504B.305.
8	8	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9	1.9 Section 1. Minnesota Statutes 2022, section 169A.63, subdivision 8, is amended to read:
10	10	1.10 Subd. 8.Administrative forfeiture procedure.(a) A motor vehicle used to commit a
11	11	1.11designated offense or used in conduct resulting in a designated license revocation is subject
12	12	1.12to administrative forfeiture under this subdivision.
13	13	1.13 (b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within
14	14	1.14a reasonable time after seizure, the appropriate agency shall serve the driver or operator of
15	15	1.15the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when
16	16	1.16a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all
17	17	1.17persons known to have an ownership, possessory, or security interest in the vehicle must
18	18	1.18be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to
19	19	1.19be registered under chapter 168, the notification to a person known to have a security interest
20	20	1.20in the vehicle is required only if the vehicle is registered under chapter 168 and the interest
21	21	1.21is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting
22	22	1.22authority, a court may extend the time period for sending notice for a period not to exceed
23	23	1.2390 days for good cause shown. Notice mailed by certified mail to the address shown in
24	24	1.24Department of Public Safety records is sufficient notice to the registered owner of the
25	25	1Section 1.
26	26	REVISOR KLL/CH 23-0113212/16/22
27	27	State of Minnesota
28	28	This Document can be made available
29	29	in alternative formats upon request
30	30	HOUSE OF REPRESENTATIVES
31	31	H. F. No. 118
32	32	NINETY-THIRD SESSION
33	33	Authored by Scott, Moller, O'Neill, Stephenson and Becker-Finn01/09/2023
34	34	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed
35	35	2.2by certified mail to the address shown in the applicable filing or registration for the vehicle
36	36	2.3is sufficient notice to a person known to have an ownership, possessory, or security interest
37	37	2.4in the vehicle. Otherwise, notice may be given in the manner provided by law for service
38	38	2.5of a summons in a civil action.
39	39	2.6 (c) The notice must be in writing and contain:
40	40	2.7 (1) a description of the vehicle seized;
41	41	2.8 (2) the date of seizure; and
42	42	2.9 (3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
43	43	2.10obtaining that judicial review, printed in English. This requirement does not preclude the
44	44	2.11appropriate agency from printing the notice in other languages in addition to English.
45	45	2.12 Substantially the following language must appear conspicuously in the notice:
46	46	2.13 "WARNING: If you were the person arrested when the property was seized, you will
47	47	2.14automatically lose the above-described property and the right to be heard in court if you do
48	48	2.15not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
49	49	2.16lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
50	50	2.17file in district court. You do not have to pay a filing fee for your lawsuit.
51	51	2.18 WARNING: If you have an ownership interest in the above-described property and were
52	52	2.19not the person arrested when the property was seized, you will automatically lose the
53	53	2.20above-described property and the right to be heard in court if you do not notify the
54	54	2.21prosecuting authority of your interest in writing within 60 days."
55	55	2.22 (d) If notice is not sent in accordance with paragraph (b), and no time extension is granted
56	56	2.23or the extension period has expired, the appropriate agency shall return the vehicle to the
57	57	2.24owner. An agency's return of property due to lack of proper notice does not restrict the
58	58	2.25agency's authority to commence a forfeiture proceeding at a later time.
59	59	2.26 (e) Within 60 days following service of a notice of seizure and forfeiture under this
60	60	2.27subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The
61	61	2.28demand must be in the form of a civil complaint and must be filed with the court
62	62	2.29administrator in the county in which the seizure occurred, together with proof of service of
63	63	2.30a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture.
64	64	2.31The claimant may serve the complaint by certified mail or any means permitted by court
65	65	2.32rules. If the value of the seized property is $15,000 or less, the claimant may file an action
66	66	2.33in conciliation court for recovery of the seized vehicle. A copy of the conciliation court
67	67	2Section 1.
68	68	REVISOR KLL/CH 23-0113212/16/22 3.1statement of claim must may be served personally or by mail as permitted by the Rules of
69	69	3.2Conciliation Court Procedure on the prosecuting authority having jurisdiction over the
70	70	3.3forfeiture within 60 days following service of the notice of seizure and forfeiture under this
71	71	3.4subdivision. The claimant does not have to pay the court filing fee.
72	72	3.5 No responsive pleading is required of the prosecuting authority and no court fees may
73	73	3.6be charged for the prosecuting authority's appearance in the matter. The prosecuting authority
74	74	3.7may appear for the appropriate agency. Pleadings, filings, and methods of service are
75	75	3.8governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation
76	76	3.9Court Procedure.
77	77	3.10 (f) The complaint must be captioned in the name of the claimant as plaintiff and the
78	78	3.11seized vehicle as defendant, and must state with specificity the grounds on which the claimant
79	79	3.12alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and
80	80	3.13any affirmative defenses the claimant may have. Notwithstanding any law to the contrary,
81	81	3.14an action for the return of a vehicle seized under this section may not be maintained by or
82	82	3.15on behalf of any person who has been served with a notice of seizure and forfeiture unless
83	83	3.16the person has complied with this subdivision.
84	84	3.17 (g) If the claimant makes a timely demand for a judicial determination under this
85	85	3.18subdivision, the forfeiture proceedings must be conducted as provided under subdivision
86	86	3.199.
87	87	3.20 EFFECTIVE DATE.This section is effective the day following final enactment.
88	88	3.21 Sec. 2. Minnesota Statutes 2022, section 504B.301, is amended to read:
89	89	3.22 504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION.
90	90	3.23 A person may be evicted if the person has unlawfully or forcibly occupied or taken
91	91	3.24possession of real property or unlawfully detains or retains possession of real property.
92	92	3.25 A seizure under section 609.5317, subdivision 1, for which there is not a defense under
93	93	3.26section 609.5317, subdivision 3, constitutes unlawful detention by the tenant.
94	94	3.27 EFFECTIVE DATE.This section is effective the day following final enactment.
95	95	3.28 Sec. 3. Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read:
96	96	3.29 Subd. 3.Judicial determination.(a) Within 60 days following service of a notice of
97	97	3.30seizure and forfeiture under this section, a claimant may file a demand for a judicial
98	98	3.31determination of the forfeiture. The demand must be in the form of a civil complaint and
99	99	3Sec. 3.
100	100	REVISOR KLL/CH 23-0113212/16/22 4.1must be filed with the court administrator in the county in which the seizure occurred,
101	101	4.2together with proof of service of a copy of the complaint on the prosecuting authority for
102	102	4.3that county. The claimant may serve the complaint on the prosecuting authority by certified
103	103	4.4mail or any means permitted by court rules. If the value of the seized property is $15,000
104	104	4.5or less, the claimant may file an action in conciliation court for recovery of the seized
105	105	4.6property. A copy of the conciliation court statement of claim may be served personally or
106	106	4.7as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority
107	107	4.8having jurisdiction over the forfeiture within 60 days following service of the notice of
108	108	4.9seizure and forfeiture under this subdivision. The claimant does not have to pay the court
109	109	4.10filing fee. No responsive pleading is required of the prosecuting authority and no court fees
110	110	4.11may be charged for the prosecuting authority's appearance in the matter. The district court
111	111	4.12administrator shall schedule the hearing as soon as practicable after, and in any event no
112	112	4.13later than 90 days following, the conclusion of the criminal prosecution. The proceedings
113	113	4.14are governed by the Rules of Civil Procedure and, where applicable, by the Rules of
114	114	4.15Conciliation Court Procedure.
115	115	4.16 (b) The complaint must be captioned in the name of the claimant as plaintiff and the
116	116	4.17seized property as defendant, and must state with specificity the grounds on which the
117	117	4.18claimant alleges the property was improperly seized and the plaintiff's interest in the property
118	118	4.19seized. Notwithstanding any law to the contrary, an action for the return of property seized
119	119	4.20under this section may not be maintained by or on behalf of any person who has been served
120	120	4.21with a notice of seizure and forfeiture unless the person has complied with this subdivision.
121	121	4.22 (c) If the claimant makes a timely demand for judicial determination under this
122	122	4.23subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
123	123	4.24subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
124	124	4.25apply to the judicial determination.
125	125	4.26 (d) If a demand for judicial determination of an administrative forfeiture is filed under
126	126	4.27this subdivision and the court orders the return of the seized property, the court may order
127	127	4.28sanctions under section 549.211. If the court orders payment of these costs, they must be
128	128	4.29paid from forfeited money or proceeds from the sale of forfeited property from the appropriate
129	129	4.30law enforcement and prosecuting agencies in the same proportion as they would be distributed
130	130	4.31under section 609.5315, subdivision 5.
131	131	4.32 EFFECTIVE DATE.This section is effective the day following final enactment.
132	132	4.33 Sec. 4. REPEALER.
133	133	4.34 Minnesota Statutes 2022, section 504B.305, is repealed.
134	134	4Sec. 4.
135	135	REVISOR KLL/CH 23-0113212/16/22 5.1 EFFECTIVE DATE.This section is effective the day following final enactment.
136	136	5Sec. 4.
137	137	REVISOR KLL/CH 23-0113212/16/22 504B.305 NOTICE OF SEIZURE PROVISION.
138	138	Landlords shall give written notice to tenants of the provision relating to seizures in section
139	139	504B.301. Failure to give such notice does not subject the landlord to criminal or civil liability and
140	140	is not a defense under section 609.5317, subdivision 3.
141	141	1R
142	142	APPENDIX
143	143	Repealed Minnesota Statutes: 23-01132