1.1 	A bill for an act
1.2 	relating to transportation; granting towing authority to Department of 
1.3 	Transportation within its metropolitan district;amending Minnesota Statutes 
1.4 	2004, sections 168B.04, subdivision 2; 169.041, subdivisions 1, 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 168B.04, subdivision 2, is amended to read:
1.7 		Subd. 2.Unauthorized vehicles. (a) Units of government and peace officers may 
1.8 	take into custody and impound any unauthorized vehicle under section  169.041. 
1.9 	(b) A vehicle may also be impounded after it has been left unattended in one of the 
1.10 	following public or private locations for the indicated period of time:
1.11 	(1) in a public location not governed by section  169.041: 
1.12 	(i) on a highway and properly tagged by a peace officer, four hours;
1.13 	(ii) located so as to constitute an accident or traffic hazard to the traveling public, as 
1.14 	determined by a peace officer, immediately; or
1.15 	(iii) located so as to constitute an accident or traffic hazard to the traveling 
1.16 	public within the Department of Transportation's eight-county metropolitan district, 
1.17 	as determined by an authorized employee of the department's freeway service patrol, 
1.18 	immediately; or 
1.19 	(iii) (iv) that is a parking facility or other public property owned or controlled by a 
1.20 	unit of government, properly posted, four hours; or
1.21 	(2) on private property:
1.22 	(i) that is single-family or duplex residential property, immediately;
1.23 	(ii) that is private, nonresidential property, properly posted, immediately;
1.24 	(iii) that is private, nonresidential property, not posted, 24 hours;
2.1 	(iv) that is private, nonresidential property of an operator of an establishment for the 
2.2 	servicing, repair, or maintenance of motor vehicles, five business days after notifying the 
2.3 	vehicle owner by certified mail, return receipt requested, of the property owner's intention 
2.4 	to have the vehicle removed from the property; or
2.5 	(v) that is any residential property, properly posted, immediately.
2.6 	(c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall 
2.7 	ensure that the tower initially requested to remove the vehicle is given the opportunity, 
2.8 	to the greatest reasonable extent, to actually conduct and complete all towing operations 
2.9 	requested; provided that, the owner of the vehicle to be towed has not already requested 
2.10 	that another tower remove the vehicle, in which case the tower contacted by the owner 
2.11 	must be given the first reasonable opportunity to conduct the towing operations required.

2.12 	Sec. 2. Minnesota Statutes 2004, section 169.041, subdivision 1, is amended to read:
2.13 		Subdivision 1.Towing authority. For purposes of this section, "towing authority" 
2.14 	means:
2.15 	(1) any local authority authorized by section  169.04 to enforce the traffic laws, and 
2.16 	also includes a private towing company authorized by a local authority to tow vehicles on 
2.17 	behalf of that local authority.; or
2.18 	(2) an authorized employee of the Department of Transportation's freeway service 
2.19 	patrol within the department's eight-county metropolitan district, and also includes a 
2.20 	private towing company authorized by the department to tow vehicles on behalf of the 
2.21 	department.

2.22 	Sec. 3. Minnesota Statutes 2004, section 169.041, subdivision 2, is amended to read:
2.23 		Subd. 2.Towing order required. A towing authority may not tow a motor 
2.24 	vehicle from public property unless a peace officer or parking enforcement officer has 
2.25 	prepared, in addition to the parking citation, a written towing report describing the motor 
2.26 	vehicle and the reasons for towing. The report must be signed by the officer and the tow 
2.27 	driver. Within the Department of Transportation's eight-county metropolitan district, an 
2.28 	authorized employee of the department's freeway service patrol may order a tow from a 
2.29 	trunk highway after preparing a written towing report provided by the Minnesota State 
2.30 	Patrol but is not required to issue a citation. The department employee shall ensure that 
2.31 	the tower initially requested to remove the vehicle is given the opportunity, to the greatest 
2.32 	reasonable extent, to actually conduct and complete all towing operations requested; 
2.33 	provided that, the owner of the vehicle to be towed has not already requested that another 
3.1 	tower remove the vehicle, in which case the tower contacted by the owner must be given 
3.2 	the first reasonable opportunity to conduct the towing operations required.