Bill Text: MN HF870 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Vehicle subject to impoundment order provisions modified, and commissioner of public safety authorized to establish variance process.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-03 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF870 Detail]
Download: Minnesota-2011-HF870-Introduced.html
1.2relating to public safety; modifying certain provisions regarding sale of vehicle
1.3subject to impoundment order; authorizing commissioner of public safety
1.4to establish variance process;amending Minnesota Statutes 2010, sections
1.5169A.60, subdivision 14; 169A.75.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169A.60, subdivision 14, is amended to
1.8read:
1.9 Subd. 14. Sale of vehicle subject to impoundment order. (a) A registered owner
1.10may not sell or transfer a motor vehicle during the time its registration plates have been
1.11ordered impounded or during the time its registration plates bear a special series number,
1.12unless:
1.13(1) the sale is for a valid consideration;
1.14(2) the transferee and the registered owner are not family or household members
1.15or the commissioner has granted a variance to the transferee allowing the transfer to
1.16take place;
1.17(3) the transferee signs an acceptable sworn statement with the commissioner
1.18attesting that:
1.19(i) the transferee and the violator are not family or household members or the
1.20commissioner has granted a variance to the transferee allowing the transfer to take place;
1.21(ii) the transferee understands that the vehicle is subject to an impoundment order;
1.22and
1.23(iii) it is a crime under section169A.37 to file a false statement under this section or
1.24to allow the previously registered owner to drive, operate, or be in control of the vehicle
1.25during the impoundment period; and
2.1(4) all elements of section168A.10 (transfer of interest by owner) are satisfied.
2.2(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title
2.3to the new owner upon proper application and issue new registration plates for the vehicle.
2.4 Sec. 2. Minnesota Statutes 2010, section 169A.75, is amended to read:
2.5169A.75 IMPAIRED DRIVING-RELATED RULES.
2.6(a) The commissioner may adopt rules to carry out the provisions of this chapter.
2.7The rules may include the format for notice of intention to revoke that describe clearly the
2.8right to a hearing, the procedure for requesting a hearing, and the consequences of failure
2.9to request a hearing; the format for revocation and notice of reinstatement of driving
2.10privileges as provided in section169A.55 ; and the format for temporary licenses.
2.11(b) Rules adopted pursuant to this section are subject to the procedures in chapter 14
2.12(Administrative Procedure Act).
2.13(c) Additionally, the commissioner may adopt rules indicating the commissioner's
2.14approval of instruments for preliminary screening or chemical tests for intoxication under
2.15sections169A.41 and
169A.51 using the procedures specified in section
14.389 (expedited
2.16process).
2.17(d) The commissioner may adopt rules to establish a variance process for sale to a
2.18family or household member of a vehicle subject to impoundment order. The rules may
2.19include application process, specification of information and documentation required,
2.20standards for review of the application, and conditions for granting the application.
1.3subject to impoundment order; authorizing commissioner of public safety
1.4to establish variance process;amending Minnesota Statutes 2010, sections
1.5169A.60, subdivision 14; 169A.75.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169A.60, subdivision 14, is amended to
1.8read:
1.9 Subd. 14. Sale of vehicle subject to impoundment order. (a) A registered owner
1.10may not sell or transfer a motor vehicle during the time its registration plates have been
1.11ordered impounded or during the time its registration plates bear a special series number,
1.12unless:
1.13(1) the sale is for a valid consideration;
1.14(2) the transferee and the registered owner are not family or household members
1.15or the commissioner has granted a variance to the transferee allowing the transfer to
1.16take place;
1.17(3) the transferee signs an acceptable sworn statement with the commissioner
1.18attesting that:
1.19(i) the transferee and the violator are not family or household members or the
1.20commissioner has granted a variance to the transferee allowing the transfer to take place;
1.21(ii) the transferee understands that the vehicle is subject to an impoundment order;
1.22and
1.23(iii) it is a crime under section
1.24to allow the previously registered owner to drive, operate, or be in control of the vehicle
1.25during the impoundment period; and
2.1(4) all elements of section
2.2(b) If the conditions of paragraph (a) are satisfied, the registrar may transfer the title
2.3to the new owner upon proper application and issue new registration plates for the vehicle.
2.4 Sec. 2. Minnesota Statutes 2010, section 169A.75, is amended to read:
2.5169A.75 IMPAIRED DRIVING-RELATED RULES.
2.6(a) The commissioner may adopt rules to carry out the provisions of this chapter.
2.7The rules may include the format for notice of intention to revoke that describe clearly the
2.8right to a hearing, the procedure for requesting a hearing, and the consequences of failure
2.9to request a hearing; the format for revocation and notice of reinstatement of driving
2.10privileges as provided in section
2.11(b) Rules adopted pursuant to this section are subject to the procedures in chapter 14
2.12(Administrative Procedure Act).
2.13(c) Additionally, the commissioner may adopt rules indicating the commissioner's
2.14approval of instruments for preliminary screening or chemical tests for intoxication under
2.15sections
2.16process).
2.17(d) The commissioner may adopt rules to establish a variance process for sale to a
2.18family or household member of a vehicle subject to impoundment order. The rules may
2.19include application process, specification of information and documentation required,
2.20standards for review of the application, and conditions for granting the application.
