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HF 425

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to crime; creating a motor vehicle theft account; authorizing emergency
grants to victims of motor vehicle theft; appropriating money; amending
Minnesota Statutes 2006, sections 65B.84, subdivision 1; 168A.40, subdivision
4; 611A.612; 611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 65B.84, subdivision 1, is amended to read:


Subdivision 1.

Program described; commissioner's duties; appropriation.

(a)
The commissioner of commerce shall:

(1) develop and sponsor the implementation of statewide plans, programs, and
strategies to combat automobile theft, improve the administration of the automobile theft
laws, and provide a forum for identification of critical problems for those persons dealing
with automobile theft;

(2) coordinate the development, adoption, and implementation of plans, programs,
and strategies relating to interagency and intergovernmental cooperation with respect
to automobile theft enforcement;

(3) annually audit the plans and programs that have been funded in whole or in part
to evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need
of further financial support from the fund;

(4) develop a plan of operation including:

(i) an assessment of the scope of the problem of automobile theft, including areas
of the state where the problem is greatest;

(ii) an analysis of various methods of combating the problem of automobile theft;

(iii) a plan for providing financial support to combat automobile theft;

(iv) a plan for eliminating car hijacking; and

(v) an estimate of the funds required to implement the plan; and

(5) distribute money, in consultation with the commissioner of public safety,
pursuant to subdivision 3 from the automobile theft prevention special revenue account
for automobile theft prevention activities, including:

(i) paying the administrative costs of the program;

(ii) providing financial support to the State Patrol and local law enforcement
agencies for automobile theft enforcement teams;

(iii) providing financial support to state or local law enforcement agencies for
programs designed to reduce the incidence of automobile theft and for improved
equipment and techniques for responding to automobile thefts;

(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;

(v) providing financial support to judicial agencies for programs designed to reduce
the incidence of automobile theft;

(vi) providing financial support for neighborhood or community organizations or
business organizations for programs designed to reduce the incidence of automobile
theft and to educate people about the common methods of automobile theft, the models
of automobiles most likely to be stolen, and the times and places automobile theft is
most likely to occur; and

(vii) providing financial support for automobile theft educational and training
programs for state and local law enforcement officials, driver and vehicle services exam
and inspections staff, and members of the judiciary.

(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to
the automobile theft prevention special revenue account each year, less the transfer of
$1,300,000 each year to the general fund new text begin and $....... each year to the motor vehicle theft
account
new text end described in section 168A.40, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2.

Minnesota Statutes 2006, section 168A.40, subdivision 4, is amended to read:


Subd. 4.

Automobile theft prevention account.

A special revenue account is
created in the state treasury to be credited with the proceeds of the surcharge imposed
under subdivision 3. Of the revenue in the account, $1,300,000 each year must be
transferred to the general fundnew text begin and $....... must be transferred to the motor vehicle theft
account created in section 611A.612, subdivision 2
new text end . Revenues in excess of $deleted text begin 1,300,000deleted text end new text begin
$.......
new text end each year may be used only for the automobile theft prevention program described
in section 65B.84.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 3.

Minnesota Statutes 2006, section 611A.612, is amended to read:


611A.612 CRIME VICTIMS deleted text begin ACCOUNTdeleted text end new text begin ACCOUNTSnew text end .

new text begin Subdivision 1. new text end

new text begin Crime victims account. new text end

A crime victim account is established as a
special account in the state treasury. Amounts collected by the state under section 611A.61,
paid to the Crime Victims Reparations Board under section 611A.04, subdivision 1a, or
amounts deposited by the court under section 611A.04, subdivision 5, shall be credited to
this account. Money credited to this account is annually appropriated to the Department of
Public Safety for use for crime victim reparations under sections 611A.51 to 611A.67.

new text begin Subd. 2. new text end

new text begin Motor vehicle theft account. new text end

new text begin A motor vehicle theft account is established
as a special account in the state treasury. Amounts collected under section 168A.40,
subdivision 4, shall be credited to this account and annually appropriated to the Department
of Public Safety for making grants under section 611A.675, subdivision 1, clause (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 611A.675, subdivision 1, is amended to read:


Subdivision 1.

Grants authorized.

The deleted text begin Crime Victim and Witness Advisory
Council
deleted text end new text begin commissioner of public safetynew text end shall make grants to prosecutors and victim
assistance programs for the purpose of providing emergency assistance to victims. As
used in this section, "emergency assistance" includes but is not limited to:

(1) replacement of necessary property that was lost, damaged, or stolen as a result
of the crime;

(2) purchase and installation of necessary home security devices;

(3) transportation to locations related to the victim's needs as a victim, such as
medical facilities and facilities of the criminal justice system;

(4) cleanup of the crime scene; deleted text begin and
deleted text end

(5) reimbursement for reasonable travel and living expenses the victim incurred to
attend court proceedings that were held at a location other than the place where the crime
occurred due to a change of venuenew text begin ; and
new text end

new text begin (6) reimbursement of towing and storage fees incurred due to impoundment of a
recovered stolen vehicle
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2006, section 611A.675, subdivision 2, is amended to read:


Subd. 2.

Application for grants.

new text begin (a) new text end A city or county attorney's office or victim
assistance program may apply to the deleted text begin councildeleted text end new text begin commissioner of public safetynew text end for a grant
for any of the purposes described in subdivision 1 or for any other emergency assistance
purpose approved by the deleted text begin councildeleted text end new text begin commissionernew text end . The application must be on forms and
pursuant to procedures developed by the deleted text begin councildeleted text end new text begin commissionernew text end . The application must
describe the type or types of intended emergency assistance, estimate the amount of
money required, and include any other information deemed necessary by the deleted text begin councildeleted text end new text begin
commissioner
new text end .

new text begin (b) A city or county attorney's office or victim assistance program that applies for a
grant for the purpose described in subdivision 1, clause (6), must make the application
on a separate form and pursuant to procedures developed by the commissioner. The
application must estimate the amount of money required for reimbursement costs, estimate
the amount of money required for administrative costs, and include any other information
deemed necessary by the commissioner. An applicant may not spend in any fiscal year
more than five percent of the grant awarded for administrative costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 611A.675, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Awards; limitations. new text end

new text begin (a) No award may be granted under subdivision
1, clause (6), to a victim that fails to provide proof of insurance stating that security
had been provided for the vehicle at the time the vehicle was stolen. As used in this
paragraph, "proof of insurance" has the meaning given it in section 169.791, subdivision
1, paragraph (g).
new text end

new text begin (b) An award paid to a victim under subdivision 1, clause (6), shall compensate the
victim for actual costs incurred but shall not exceed $500.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 611A.675, subdivision 3, is amended to read:


Subd. 3.

Reporting by local agencies required.

A city or county attorney's office
or victim assistance program that receives a grant under this section shall file an annual
report with the deleted text begin councildeleted text end new text begin commissioner of public safetynew text end itemizing the expenditures made
during the preceding year, the purpose of those expenditures, and the ultimate disposition,
if any, of each assisted victim's criminal case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 611A.675, subdivision 4, is amended to read:


Subd. 4.

Report to legislature.

deleted text begin On or before February 1, 1999, the council shall
report to the chairs of the senate Crime Prevention and house of representatives Judiciary
Committees on the implementation, use, and administration of the grant program created
under this section.
deleted text end new text begin By February 1, 2008, the commissioner of public safety shall report to
the chairs and ranking members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding on the implementation, use, and
administration of the grant programs created under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end