HF 975

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 04:55pm

A bill for an act
relating to transportation; amending certain requirements governing retrieval of
towed vehicle contents; providing a cause of action for aggrieved vehicle owners;
amending Minnesota Statutes 2022, section 168B.07, subdivision 3, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 168B.07, subdivision 3, is amended to read:

Subd. 3.

Retrieval of contents new text begin ; right to reclaim new text end .

(a) For purposes of this subdivision:

(1) "contents" does not include any permanently affixed mechanical or nonmechanical
automobile parts; automobile body parts; or automobile accessories, including audio or
video players; and

(2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary
Work Program, medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental
Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance
Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit.

(b) A unit of government or impound lot operator deleted text begin shall deleted text end new text begin must new text end establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.

(c) At any time before the expiration of the waiting periods provided in section 168B.051,
a registered owner new text begin of a vehicle new text end who provides new text begin proof of identity that includes photographic
identification and new text end documentation from a government or nonprofit agency or legal aid office
that the registered owner is homeless, receives relief based on need, or is eligible for legal
aid services, has the unencumbered right to retrieve any and all contents without charge and
regardless of whether the registered owner pays incurred charges or fees, transfers title, or
reclaims the vehicle. new text begin A refusal by the impound lot operator to allow the registered owner
to retrieve the vehicle contents after the owner provides valid documentation is a violation
of this paragraph.
new text end

new text begin (d) An impound lot operator may make copies of the documents presented by the
registered owner under paragraph (c), and the impound lot operator must return all of the
original documents to the registered owner immediately after copying them.
new text end

Sec. 2.

Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Retrieval of contents; identification, medicine, and medical equipment. new text end

new text begin An
impound lot operator must allow any registered vehicle owner to retrieve, or must retrieve
for the vehicle owner, the following from the impounded vehicle: proof of identification;
prescription medicine; and durable medical equipment, including but not limited to
wheelchairs, prosthetics, canes, crutches, walkers, and external braces.
new text end

Sec. 3.

Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Retrieval of contents; notice of denial. new text end

new text begin (a) This subdivision applies to an
impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit
of government exclusively contracts to operate an impound lot solely for public use under
section 168B.09.
new text end

new text begin (b) An impound lot operator who denies a request of a registered vehicle owner to retrieve
vehicle contents after the registered owner presents documentation pursuant to subdivision
3, paragraph (c), must, at the time of denial, provide the registered owner with a written
statement that identifies the specific reasons for the denial.
new text end

Sec. 4.

Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Retrieval of contents; public notice. new text end

new text begin (a) This subdivision applies to an
impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit
of government exclusively contracts to operate an impound lot solely for public use under
section 168B.09.
new text end

new text begin (b) An impound lot operator must post a conspicuous notice at its place of operation in
the following form:
new text end

new text begin "If you receive government benefits, are currently homeless, or are eligible for legal aid
services, you have the right to get the contents out of your car free of charge IF you provide:
new text end

new text begin (1) a photo ID (such as a driver's license, passport, or employer ID); AND
new text end

new text begin (2) documentation from a government or nonprofit agency or from a legal aid office that
shows you get benefits from a government program based on your income, you are homeless,
or you are eligible for legal aid services. Examples of this documentation include BUT ARE
NOT LIMITED TO:
new text end

new text begin - an EBT card;
new text end

new text begin - a Medical Assistance or MinnesotaCare card;
new text end

new text begin - a Supplemental Nutrition Assistance Program (SNAP) card; and
new text end

new text begin - a letter, email, or other document from a government agency, nonprofit organization,
or legal aid organization showing that you get benefits from a government program based
on your income, you are homeless, or you are eligible for legal aid services."
new text end

Sec. 5.

Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:

new text begin Subd. 3d. new text end

new text begin Retrieval of contents; remedy. new text end

new text begin (a) This subdivision applies to an impound
lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government
exclusively contracts to operate an impound lot solely for public use under section 168B.09.
new text end

new text begin (b) If an impound lot operator denies the registered owner the right to retrieve the vehicle
contents in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner
has a cause of action against the impound lot operator as provided in this subdivision.
new text end

new text begin (c) If the vehicle and its contents remain in the possession of the impound lot operator
and retrieval of the vehicle contents was denied in violation of subdivision 3, paragraph (c),
an aggrieved registered vehicle owner is entitled to injunctive relief to retrieve the vehicle
contents as well as reasonable attorney fees and costs.
new text end

new text begin (d) If an impound lot operator sells or disposes of the vehicle contents after the registered
owner has provided the documentation required under subdivision 3, paragraph (c), an
aggrieved registered vehicle owner is entitled to statutory damages in an amount of $1,000
and reasonable attorney fees and costs. An action brought pursuant to this paragraph must
be brought within 12 months of when the vehicle was impounded.
new text end