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1.5 to a repealed statute; amending Minnesota Statutes 2022, sections 169A.63,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