HF 528

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; permitting sale of impounded vehicle and contents
after voluntary transfer; providing for notice and right to reclaim contents of
impounded vehicle; establishing liability of impound lot operator; imposing civil
penalty; amending Minnesota Statutes 2006, sections 168B.051, subdivision 2;
168B.06, subdivisions 1, 3; 168B.07, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to
read:

Subd. 2.

Sale after 45 days new text begin or title transfer new text end .

deleted text begin An deleted text end new text begin (a) If an unauthorized vehicle
is impounded, but not by the city of Minneapolis or the city of St. Paul, the new text end impounded
vehicle is eligible for disposal or sale under section 168B.08, new text begin the earlier of:
new text end

new text begin (1) new text end 45 days after notice to the owner deleted text begin , deleted text end deleted text begin if the vehicle is determined to be an
unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St.
Paul. deleted text end new text begin ; or
new text end

new text begin (2) when the registered owner, in writing, voluntarily transfers the title to the
impound lot operator.
new text end

new text begin (b) A voluntary transfer, in writing, constitutes a waiver by the registered owner of
any right, title, and interest in the vehicle. new text end

Sec. 2.

Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Contents; deleted text end new text begin Written new text end notice deleted text begin given within five days deleted text end new text begin of impound new text end .

new text begin (a)
new text end When an impounded vehicle is taken into custody, the unit of government or impound lot
operator taking it into custody shall give new text begin written new text end notice of the taking within five days new text begin to
the registered vehicle owner and any lienholders. The failure of the owner or lienholders
to exercise the right to reclaim the vehicle before the expiration of the waiting periods
provided under section 168B.051 is deemed a waiver of all right, title, and interest in the
vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle under
section 168B.08. The failure of the owner to exercise the right to reclaim the contents
before the expiration of the waiting period provided under section 168B.07, subdivision
3, is deemed a waiver of all right, title, and interest in the contents and a consent to the
transfer of title to, and disposal or sale of, the contents under section 168B.08 new text end .

new text begin (b) new text end The notice deleted text begin shall deleted text end new text begin must:
new text end

(1) set forth the date and place of the taking deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) provide new text end the year, make, model new text begin , new text end and serial number of the impounded motor
vehicle new text begin , new text end if such information can be reasonably obtained new text begin , new text end and the place where the vehicle
is being held deleted text begin , deleted text end new text begin ;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end inform the owner and any lienholders of their right to reclaim the vehicle
under section 168B.07 deleted text begin , deleted text end new text begin ; new text end and

deleted text begin (3) deleted text end new text begin (4) new text end state that failure of the owner or lienholders to deleted text begin 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 deleted text end new text begin reclaim the vehicle and its contents
within the waiting periods provided under section 168B.051 or 168B.07, subdivision 3,
results in the loss of title and consent to sell or dispose of both the vehicle and its contents new text end .

new text begin (c) Impound lot operators subject to section 168B.051, subdivision 2, shall include
in the notice the following verbatim statement, in 14-point type: "Whether or not you
intend to reclaim your vehicle, you have the right to pick up the contents of the vehicle."
new text end

Sec. 3.

Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:

Subd. 3.

Unauthorized vehicle; new text begin second new text end notice.

If an unauthorized vehicle remains
unclaimed after 30 days from the date the notice was sent under subdivision 2, a second
notice deleted text begin shall deleted text end new text begin must new text end be sent by certified mail, return receipt requested, to the registered owner,
if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

Sec. 4.

Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Retrieval of contents. new text end

new text begin (a) A unit of government or impound lot operator
may establish a reasonable procedure for retrieval of vehicle contents.
new text end

new text begin (b) At any time before the expiration of the waiting periods provided in section
168B.051, the owner of an impounded vehicle has the right to retrieve, without charge,
any and all contents, regardless of whether the owner pays incurred charges or fees,
transfers title, or reclaims the vehicle. For the purposes of this subdivision, "contents"
means all personal belongings and does not include any permanently affixed mechanical
or nonmechanical:
new text end

new text begin (1) automobile parts;
new text end

new text begin (2) automobile body parts; or
new text end

new text begin (3) automobile accessories, including audio or video players.
new text end

new text begin (c) An impound lot operator subject to section 168B.051, subdivision 2, who violates
any provision of this section is liable to an aggrieved party for the greater of $500 or treble
damages, plus reasonable attorney fees and costs.
new text end