HF 3174

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/30/2023 12:01pm

A bill for an act
relating to motor vehicles; amending requirements governing towing authority;
amending Minnesota Statutes 2022, sections 168B.011, by adding a subdivision;
168B.035, subdivision 5; 168B.04, subdivision 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 168B.011, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Properly posted. new text end

new text begin "Properly posted" means a conspicuous sign that:
new text end

new text begin (1) is erected in a prominent location for motor vehicle operators;
new text end

new text begin (2) is clear of snow or other obstructions that block its visibility;
new text end

new text begin (3) indicates that an unauthorized vehicle may be towed and the circumstances under
which a vehicle is unauthorized to park on the property; and
new text end

new text begin (4) identifies the entity that performs towing and the location where the vehicle will be
towed.
new text end

Sec. 2.

Minnesota Statutes 2022, section 168B.035, subdivision 5, is amended to read:

Subd. 5.

Private property.

This section does not restrict the authority of the owner of
private property to deleted text begin authorize under chapter 168B the towing of a motor deleted text end new text begin arrange for towing
an unauthorized new text end vehicle deleted text begin unlawfully deleted text end parked on the private property new text begin , as provided under section
168B.04 new text end .

Sec. 3.

Minnesota Statutes 2022, section 168B.04, subdivision 2, is amended to read:

Subd. 2.

Unauthorized vehicles.

(a) Units of government and peace officers may take
into custody and impound any unauthorized vehicle under section 168B.035.

(b) A vehicle may also be impounded after it has been left unattended in one of the
following public or private locations for the indicated period of time:

(1) in a public location not governed by section 168B.035:

(i) on a highway and properly tagged by a peace officer, four hours;

(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
determined by a peace officer, immediately;

(iii) located so as to constitute an accident or traffic hazard to the traveling public within
the Department of Transportation's eight-county metropolitan district, as determined by an
authorized employee of the department's freeway service patrol, immediately; or

(iv) that is a parking facility or other public property owned or controlled by a unit of
government, properly posted, four hours; or

(2) on private property new text begin , as provided under subdivision 3 new text end :

(i) that is single-family or duplex residential property, immediately;

(ii) that is private, nonresidential property, properly posted, immediately;

(iii) that is private, nonresidential property, not posted, 24 hours;

(iv) that is private, nonresidential property of an operator of an establishment for the
servicing, repair, or maintenance of motor vehicles, five business days after notifying the
vehicle owner by certified mail, return receipt requested, of the property owner's intention
to have the vehicle removed from the property; or

(v) that is any residential property, properly posted, immediately.

Sec. 4.

Minnesota Statutes 2022, section 168B.04, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin (a) For purposes of this subdivision, "vehicle tower" has the
meaning given in section 168B.14, subdivision 1.
new text end

new text begin (b) A vehicle tower may impound a vehicle from private property under this section
only if the property owner or a designee:
new text end

new text begin (1) identifies the vehicle make, model, and license plate number; and
new text end

new text begin (2) specifically authorizes the vehicle tower to impound the identified vehicle.
new text end