1.1 	A bill for an act
1.2 	relating to motor vehicles; permitting sale of impounded vehicles and contents 
1.3 	after voluntary title transfer; providing for notice of impound, right to reclaim 
1.4 	contents, and waiver of right; establishing right to retrieve contents without 
1.5 	charge in certain cases; limiting deficiency claim; providing for permit for 
1.6 	oversize and overweight tow trucks in certain cases;amending Minnesota 
1.7 	Statutes 2006, sections 168B.051, subdivision 2; 168B.06, subdivisions 1, 
1.8 	3; 168B.07, by adding a subdivision; 168B.08, subdivision 1; 168B.087, 
1.9 	subdivision 1; 169.86, by adding a subdivision.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to 
1.12 	read:
1.13 		Subd. 2.Sale after 45 days or title transfer. ~~An~~(a) If an unauthorized vehicle is 
1.14 	impounded, other than by the city of Minneapolis or the city of St. Paul, the impounded 
1.15 	vehicle is eligible for disposal or sale under section 168B.08, the earlier of:
1.16 	(1) 45 days after notice to the owner~~, if the vehicle is determined to be an~~ 
1.17 	~~unauthorized vehicle that was not impounded by the city of Minneapolis or the city of~~ 
1.18 	~~St. Paul~~; or
1.19 	(2) the date of a voluntary written title transfer by the registered owner to the 
1.20 	impound lot operator.
1.21 	(b) A voluntary written title transfer constitutes a waiver by the registered owner of 
1.22 	any right, title, and interest in the vehicle.

1.23 	Sec. 2. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:
1.24 		Subdivision 1.~~Contents;~~Waiver of right to reclaim vehicle; written notice ~~given~~ 
1.25 	~~within five days~~ of impound. (a) When an impounded vehicle is taken into custody, the 
2.1 	unit of government or impound lot operator taking it into custody shall give written notice 
2.2 	of the taking within five days to the registered vehicle owner and any lienholders. The 
2.3 	failure of the registered owner or lienholders to exercise the right to reclaim the vehicle 
2.4 	before the expiration of the waiting periods provided under section 168B.051 constitutes a 
2.5 	waiver of all right, title, and interest in the vehicle and a consent to the transfer of title to, 
2.6 	and disposal or sale of, the vehicle under section 168B.08. The failure of the registered 
2.7 	owner to exercise the right provided under section 168B.07, subdivision 3, constitutes a 
2.8 	waiver of all right, title, and interest in the contents and a consent to the transfer of title to, 
2.9 	and disposal or sale of, the contents under section 168B.08. 
2.10 	(b) The notice ~~shall~~ must:
2.11 	(1) set forth the date and place of the taking~~,~~;
2.12 	(2) provide the year, make, model, and serial number of the impounded motor 
2.13 	vehicle, if such information can be reasonably obtained, and the place where the vehicle 
2.14 	is being held~~,~~;
2.15 	~~(2)~~ (3) inform the owner and any lienholders of their right to reclaim the vehicle 
2.16 	under section 168B.07~~, and~~;
2.17 	~~(3)~~ (4) state that failure of the owner or lienholders to:
2.18 	(i)  exercise their right to reclaim the vehicle ~~and contents~~ within the appropriate time 
2.19 	allowed under section 168B.051, subdivision 1, 1a, or 2, ~~shall be deemed~~and under the 
2.20 	conditions set forth in section 168B.07, subdivision 1, constitutes a waiver by them of all 
2.21 	right, title, and interest in the vehicle ~~and contents~~ and a consent to the transfer of title to 
2.22 	and disposal or sale of the vehicle ~~and contents~~ pursuant to section 168B.08; or
2.23 	(ii) exercise their right to reclaim the contents of the vehicle within the appropriate 
2.24 	time allowed and under the conditions set forth in section 168B.07, subdivision 3, 
2.25 	constitutes a waiver by them of all right, title, and interest in the contents and consent to 
2.26 	sell or dispose of the contents under section 168B.08; and
2.27 	(5) state that a vehicle owner who provides to the impound lot operator 
2.28 	documentation from a government or nonprofit agency or legal aid office that the owner 
2.29 	is homeless, receives relief based on need, is eligible for legal aid services, or has a 
2.30 	household income at or below 50 percent of state median income has the unencumbered 
2.31 	right to retrieve any and all contents without charge. 

2.32 	Sec. 3. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:
2.33 		Subd. 3.Unauthorized vehicle; second notice. If an unauthorized vehicle remains 
2.34 	unclaimed after 30 days from the date the notice was sent under subdivision 2, a second 
3.1 	notice ~~shall~~must be sent by certified mail, return receipt requested, to the registered owner, 
3.2 	if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

3.3 	Sec. 4. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision 
3.4 	to read:
3.5 		Subd. 3.Retrieval of contents. (a) For purposes of this subdivision:
3.6 	(1) "contents" does not include any permanently affixed mechanical or 
3.7 	nonmechanical automobile parts; automobile body parts; or automobile accessories, 
3.8 	including audio or video players; and
3.9 	(2) "relief based on need" includes, but is not limited to, receipt of MFIP 
3.10 	and Diversionary Work Program, medical assistance, general assistance, general 
3.11 	assistance medical care, emergency general assistance, Minnesota supplemental aid, 
3.12 	MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy 
3.13 	assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota 
3.14 	working family tax credit.
3.15 	(b) A unit of government or impound lot operator shall establish reasonable 
3.16 	procedures for retrieval of vehicle contents, and may establish reasonable procedures to 
3.17 	protect the safety and security of the impound lot and its personnel.
3.18 	(c) At any time before the expiration of the waiting periods provided in section 
3.19 	168B.051, a registered owner who provides documentation from a government or 
3.20 	nonprofit agency or legal aid office that the registered owner is homeless, receives relief 
3.21 	based on need, is eligible for legal aid services, or has a household income at or below 50 
3.22 	percent of state median income has the unencumbered right to retrieve any and all contents 
3.23 	without charge and regardless of whether the registered owner pays incurred charges or 
3.24 	fees, transfers title, or reclaims the vehicle.
3.25 	(d) At any time before the expiration of the waiting periods provided in section 
3.26 	168B.051, a registered owner other than a registered owner described in paragraph (c) 
3.27 	has the unencumbered right to retrieve the following contents: medicine; medical-related 
3.28 	items and equipment; clothing; eyeglasses; educational materials; and legal documents, 
3.29 	including, but not limited to, a driver's license, identification, passports, insurance 
3.30 	documents, any other documents related to a pending or concluded judicial or 
3.31 	administrative proceeding, tax returns, and documents indicating receipt of or eligibility 
3.32 	for public benefit programs. This provision does not prohibit the return of other contents 
3.33 	at the discretion of the impound lot operator.
3.34 	(e) An impound lot operator is not required to return any contents to a person who is 
3.35 	not the registered owner of the impounded vehicle, other than legal documents. Legal 
4.1 	documents include, but are not limited to, driver's license, identification, passports, 
4.2 	insurance documents, any other documents related to a pending or concluded judicial or 
4.3 	administrative proceeding, and tax returns. An impound lot operator is not required to 
4.4 	return any contents to a person who is not the registered owner after the expiration of 
4.5 	the waiting periods provided in section 168B.051, or if the registered owner voluntarily 
4.6 	transfers title to the impound lot operator under section 168B.051, subdivision 2.

4.7 	Sec. 5. Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:
4.8 		Subdivision 1.Auction or sale. (a) If an abandoned or unauthorized vehicle ~~and~~ 
4.9 	~~contents~~ taken into custody by a unit of government or any impound lot is not reclaimed 
4.10 	under section 168B.07, subdivision 1, it may be disposed of or sold at auction or sale when 
4.11 	eligible pursuant to sections 168B.06 and 168B.07. If the contents of an abandoned or 
4.12 	unauthorized vehicle taken into custody by a unit of government or any impound lot is not 
4.13 	reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction 
4.14 	or sale when eligible pursuant to sections 168B.06 and 168B.07.
4.15 	(b) The purchaser shall be given a receipt in a form prescribed by the registrar of 
4.16 	motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall 
4.17 	also entitle the purchaser to register the vehicle and receive a certificate of title, free and 
4.18 	clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate 
4.19 	of title it must receive a motor vehicle safety check.

4.20 	Sec. 6. Minnesota Statutes 2006, section 168B.087, subdivision 1, is amended to read:
4.21 		Subdivision 1.Deficiency claim. (a) The ~~nonpublic~~ impound lot operator has a 
4.22 	deficiency claim against the registered owner of the vehicle for the reasonable costs of 
4.23 	services provided in the towing, storage, and inspection of the vehicle minus the proceeds 
4.24 	of the sale or auction, except as provided in paragraph (c).
4.25 	(b) The claim for storage costs may not exceed the costs of:
4.26 	(1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; ~~and~~ 
4.27 	(2) 15 days storage, for a vehicle described in section 168B.051, subdivision 1a; and
4.28 	(3) 55 days storage, for a vehicle described in section 168B.051, subdivision 2. 
4.29 	(c) A public impound lot operator is prohibited from:
4.30 	(1) filing a deficiency claim against a registered owner whom the operator knows:
4.31 	(i) is homeless;
4.32 	(ii) receives relief based on need, as defined in section 168B.07; or
4.33 	(iii) has a household income at or below 50 percent of state median income; or
5.1 	(2) recovering a deficiency from a registered owner who demonstrates that the 
5.2 	owner, at the time the deficiency claim was filed:
5.3 	(i) was homeless;
5.4 	(ii) received relief based on need, as defined in section 168B.07; or
5.5 	(iii) had a household income at or below 50 percent of state median income.

5.6 	Sec. 7. Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision 
5.7 	to read:
5.8 		Subd. 8.Tow truck. A tow truck or towing vehicle, when towing a disabled or 
5.9 	damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length 
5.10 	and weight limitations of this chapter, subject to a $300 annual permit fee and any other 
5.11 	conditions prescribed by the commissioner.