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Senate Bill 0079

Senate Bill 0079

ARCHIVE (2011)

Latest Information

DIGEST OF SB79 (Updated April 25, 2011 2:01 pm - DI 84)

Motor fuel theft. Provides that if motor fuel (fuel) from a retailer is pumped into a vehicle and proper payment is not made to the retailer, the owner of the vehicle is liable to the retailer for the total pump price of the fuel pumped plus a service charge of $50. Provides that: (1) the bureau of motor vehicles (BMV) may disclose the name and address of a vehicle owner (owner) to an association of retailers (association) when the information is requested for purposes of contact information in connection with fuel theft; and (2) the name and address may be used only by the association for purposes of collection efforts to recover the price of the fuel and certain other costs. Provides that, if an owner does not pay the total pump price of the fuel pumped plus the service charge within 30 days after the association sends the notice, the owner is also subject to liability to the retailer for other damages, costs, fees, and expenses. Provides that within 30 days after the sending of the retailer's notice, the owner may send a written response to the retailer disputing the retailer's claim or stating that, when the fuel was pumped into the vehicle, the owner was not operating the vehicle and was not responsible for paying for the fuel. Provides that if an owner sends such a response to the retailer, the retailer shall cease communications with the owner but may still seek to recover from the owner by initiating a civil action. Provides that if the owner makes complete payment for the price of fuel that has been pumped into the vehicle and certain other costs, no criminal prosecution for theft or conversion may be brought against the owner for the failure to make proper payment to the motor fuel retailer. Requires the BMV to adopt rules under which an association may obtain the names and mailing addresses of owners from the BMV for purposes of recovering for fuel theft.
    Current Status:
    Law Enacted
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