Office of the Revisor of Statutes
SF 3512
Introduction - 84th Legislature (2005 - 2006)
Posted on 12/15/2009 12:00 a.m.
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A bill for an act
relating to motor vehicles; modifying provisions related to abandoned vehicles,
towers, and impound lots; establishing abandoned vehicle account; requiring a
study and report; appropriating money; amending Minnesota Statutes 2004,
sections 115A.908, subdivision 2; 168B.06, subdivision 1; 168B.07, subdivision
1; 168B.08, subdivision 4; 168B.087, subdivision 1; 169.829, subdivision 2;
169.86, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 168B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 115A.908, subdivision 2, is amended to
read:
Subd. 2.
Deposit of revenue.
(a) From July 1, 2003, through June 30, 2007, revenue
collected shall be credited to the general fund.
(b) After June 30, 2007, revenue collected shall be credited to the deleted text begin environmental
funddeleted text end new text begin abandoned vehicle account established in section 168B.15new text end .
Sec. 2.
Minnesota Statutes 2004, section 168B.06, subdivision 1, is amended to read:
Subdivision 1.
Contents; notice given within five days.
When an impounded
vehicle is taken into custody, the unit of government or impound lot operator taking it
into custody shall give notice of the taking within five days. The notice shall (a) set
forth the date and place of the taking, the year, make, model and serial number of the
impounded motor vehicle if such information can be reasonably obtained and the place
where the vehicle is being held, (b) inform the owner and any lienholders of their right to
reclaim the vehiclenew text begin or contents, or both,new text end under section 168B.07, and (c) state that failure
of the owner or lienholders to exercise their right to reclaim the vehicle and contents
within the appropriate time allowed under section 168B.051, subdivision 1, 1a, or 2, shall
be deemed a waiver by them of all right, title, and interest in the vehicle and contents
and a consent to the transfer of title to and disposal or sale of the vehicle and contents
pursuant to section 168B.08.
Sec. 3.
Minnesota Statutes 2004, section 168B.07, subdivision 1, is amended to read:
Subdivision 1.
Payment of charges.
The owner or any lienholder of an impounded
vehicle shall have a right to reclaim such vehiclenew text begin or its contents, or both,new text end from the unit of
government or impound lot operator taking it into custody upon payment of all towing
and storage charges resulting from taking the vehicle into custody within 15 or 45 days,
as applicable under section 168B.051, subdivision 1, 1a, or 2, after the date of the notice
required by section 168B.06.
Sec. 4.
Minnesota Statutes 2004, section 168B.08, subdivision 4, is amended to read:
Subd. 4.
Sale proceeds; nonpublic impound lots.
The operator of a nonpublic
impound lot may retain any proceeds derived from a sale conducted under the authority of
subdivision 1. new text begin The failure to timely reclaim the vehicle under section 168B.07, subdivision
1, is deemed a waiver of all right, title, and interest of the owner and lienholders in the
vehicle and its contents and the vehicle and its contents become the property of the
operator for purposes of their subsequent sale or disposal. new text end The operator may retain all
proceeds from sale of any personal belongings and contents in the vehicle that were not
claimed by the owner or the owner's agent before the sale, except that any suspected
contraband or other items that likely would be subject to forfeiture in a criminal trial must
be turned over to the appropriate law enforcement agency.
Sec. 5.
Minnesota Statutes 2004, section 168B.087, subdivision 1, is amended to read:
Subdivision 1.
Deficiency claim.
(a) The new text begin public and new text end nonpublic impound lot operator
has a deficiency claim against the registered owner of the vehicle for the reasonable
costs new text begin new text end of new text begin providing notice to the registered owner and providing new text end services deleted text begin provideddeleted text end in new text begin new text end the
towing, storage, deleted text begin anddeleted text end inspectionnew text begin , and further transport, if any, new text end of the vehiclenew text begin ,new text end minus the
proceeds of the sale or auction.
(b) new text begin A claim for the costs of providing notice includes the actual postage and
publication expenses and the costs incurred to determine the registered owner's identity
and mailing address.
new text end
new text begin
(c) A claim for usual, nonextraordinary towing costs may not exceed $75 per
vehicle towed.
new text end
new text begin (d) new text end The claim for storage costs may not exceed the costs of:
(1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1new text begin , not
to exceed the normal fee, up to $25 per daynew text end ; and
(2) 55 days storage, for a vehicle described in section 168B.051, subdivision 2new text begin , not
to exceed the normal fee, up to $25 per daynew text end .
new text begin
(e) A claim for transporting an unclaimed vehicle to a disposal facility must not
exceed $75 per vehicle transported.
new text end
Sec. 6.
new text begin
[168B.15] ABANDONED VEHICLE ACCOUNT; APPROPRIATION.
new text end
new text begin
A special account, to be known as the abandoned vehicle account, is created in the
special revenue fund consisting of the proceeds of the motor vehicle transfer fee credited to
this account under section 115A.908. Money in the account may be distributed as follows:
new text end
new text begin
(a) Ten percent of the proceeds is annually appropriated to the commissioner of
public safety for the department's costs of rulemaking and administering its duties under
this chapter.
new text end
new text begin
(b) Ninety percent is annually appropriated to the commissioner of public safety
to be disbursed as compensation payments to impound lot operators for valid deficiency
claims allowed by the commissioner pursuant to rules adopted under section 168B.16.
new text end
Sec. 7.
new text begin
[168B.16] RULES.
new text end
new text begin
The commissioner of public safety shall adopt rules under chapter 14 to administer
the provisions of this chapter for which the commissioner has responsibility. At a
minimum, the commissioner must adopt rules that set forth (1) sufficient procedures and
minimum documentary or other evidence satisfactory to the commissioner for an impound
lot operator, whether public or nonpublic, to show a valid deficiency claim under section
168B.087 and (2) guidelines for making payments from the abandoned vehicle account
established in section 168B.15 to impound lot operators for their valid deficiency claims.
new text end
Sec. 8.
Minnesota Statutes 2004, section 169.829, subdivision 2, is amended to read:
Subd. 2.
Tow truck.
Sections 169.822 to 169.828 do not apply to a tow truck or
towing vehicle when towing a disabled new text begin or damaged new text end vehicle deleted text begin damaged in such manner that
the towed vehicle cannot be towed from the rear anddeleted text end new text begin ,new text end when the movement is deleted text begin temporarydeleted text end new text begin
urgent, and when the movement isnew text end for the purpose of deleted text begin takingdeleted text end new text begin removingnew text end the disabled vehicle
new text begin from the roadway new text end to a new text begin place of safekeeping or to a new text end place of repair.
Sec. 9.
Minnesota Statutes 2004, section 169.86, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Tow truck. new text end
new text begin
A tow truck or towing vehicle, when towing a disabled or
damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length
and weight limitations of this chapter, subject to a $300 annual permit fee and such
conditions as the commissioner may prescribe.
new text end
Sec. 10. new text begin MOTOR VEHICLE TITLE TRANSFER STUDY; REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Duties. new text end
new text begin
(a) The Department of Administration shall study
the Department of Public Safety's motor vehicle title transfer system and make
recommendations to ensure:
new text end
new text begin
(1) the proper transfer of vehicle titles;
new text end
new text begin
(2) that the transfer process is accurate and provides timely records;
new text end
new text begin
(3) the safety and security of transfer records;
new text end
new text begin
(4) the accessibility to parties who have a need for transfer records; and
new text end
new text begin
(5) that the transfer process is simple and understandable to buyers and sellers
of motor vehicles.
new text end
new text begin
(b) The Department of Public Safety shall provide technical assistance to the
Department of Administration as needed.
new text end
new text begin Subd. 2. new text end
new text begin Advisory committee. new text end
new text begin
An advisory committee is established to advise the
Department of Administration in the preparation of the report and recommendations. The
advisory committee must include, but is not limited to, the following:
new text end
new text begin
(1) two senators, one from each political party, appointed by the senate's
Subcommittee on Committees of the Committee on Rules and Administration, and two
members of the house of representatives, one from each political party, appointed by
the speaker; and
new text end
new text begin
(2) one representative from each of the following groups:
new text end
new text begin
(i) a staff member of the Driver and Vehicle Services Division of the Department of
Public Safety, appointed by the commissioner of public safety;
new text end
new text begin
(ii) a Minnesota State Patrol officer, appointed by the commissioner of public safety;
new text end
new text begin
(iii) a police officer appointed by the Minnesota Police and Peace Officers
Association;
new text end
new text begin
(iv) a member appointed by the League of Minnesota Cities;
new text end
new text begin
(v) a member appointed by the Minnesota Professional Towing Association;
new text end
new text begin
(vi) a member appointed by the Minnesota Automobile Dealers Association;
new text end
new text begin
(vii) a member appointed by the Deputy Registrars Association; and
new text end
new text begin
(viii) a member appointed by the Minnesota Sheriffs Association.
new text end
new text begin Subd. 3. new text end
new text begin Report and recommendations. new text end
new text begin
The Department of Administration shall
present the legislature with the findings of the report and recommendations no later
than December 15, 2006. The report and recommendations must be presented to the
chairs of the legislative committees having jurisdiction over transportation policy and
transportation finance.
new text end