This bill makes changes to laws related to theft of motor fuel, including civil liabilities and criminal provisions.
Section 1 strikes references to “gasoline” and replaces with “motor fuel.” (This section directs DPS to suspend for 30 days the driver’s license of any person convicted for motor fuel theft.)
Section 2 excludes a trade association performing services under section 4 from the definition of “collection agency.” This would exempt these trade associations from licensing, registration, and bond requirements that apply to collection agencies. Provides that a trade association may not engage in conduct prohibited for a collection agency (e.g., using threats, engaging in deceptive practices, etc).
Section 3 strikes the language “if known.” This would require that a notice of nonpayment of motor fuel must include a license plate number.
Section 4 adds a new subdivision to section 604.15 – civil liability for motor fuel theft. Authorizes a nonprofit trade association to give and receive notices of nonpayment and dispute, and to collect payments and authorized service changes.
Section 5 adds the definitions of “motor fuel” and “retailer” to the criminal theft statute. “Motor fuel” means a liquid, regardless of its properties, used to propel a vehicle. “Retailer” means a person that sells motor fuel at retail. This section is effective August 1, 2012, and applies to crimes committed on or after that date.
Section 6 amends subdivision 2, clause (1) of the criminal theft statute to include intentionally and without claim of right driving a motor vehicle from the premises of a motor fuel retailer without having paid for the motor fuel dispensed into the vehicle. Creates a permissive inference that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of the fuel by proof that the driver drove the vehicle from the premises without having paid for the fuel. This inference would not apply if the vehicle had been reported as stolen before the theft or payment was made to the retailer within 30 days of receipt of a nonpayment notice. This section is effective August 1, 2012, and applies to crimes committed on or after that date.