HF 3134

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/14/2022 05:02pm

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 2020, section 168B.07, subdivision 3, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2020, 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 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 (d) A refusal to allow the registered owner to retrieve the vehicle contents after the owner
provides valid documentation as specified under paragraph (c) is a violation of this
subdivision.
new text end

Sec. 2.

Minnesota Statutes 2020, 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; notice of denial. new text end

new text begin (a) This subdivision applies to an
impound lot operator who operates a nonpublic impound lot or who exclusively contracts
with a unit of government under section 168B.09 to operate a public impound lot solely for
public use.
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 the information required under
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. 3.

Minnesota Statutes 2020, 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; public notice. new text end

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

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

new text begin (1) government-issued proof of identity (such as a driver's license); AND
new text end

new text begin (2) documentation from a government or nonprofit agency or from a legal aid office that
you:
new text end

new text begin (i) get benefits from a government program based on your income;
new text end

new text begin (ii) are homeless; or
new text end

new text begin (iii) are eligible for legal aid services.
new text end

new text begin If the documentation is in the form of a letter, the letter must be on the letterhead of the
agency or legal aid office."
new text end

Sec. 4.

Minnesota Statutes 2020, 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; remedy. new text end

new text begin (a) An aggrieved registered vehicle owner
has a cause of action as provided in this subdivision against an impound lot operator who
operates a nonpublic impound lot or who exclusively contracts with a unit of government
under section 168B.09 to operate a public impound lot solely for public use if the impound
lot operator denies the registered owner the right to retrieve the vehicle contents in violation
of subdivision 3, paragraph (c).
new text end

new text begin (b) 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 (c) 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.
new text end