HF 3276

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; governing contents of impounded vehicles; amending
Minnesota Statutes 2004, sections 168B.06, subdivision 1; 168B.07, by adding
subdivisions.

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

Section 1.

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 new text begin to the vehicle owner new text end of the taking within five days. The
notice shall new text begin :
new text end

deleted text begin (a) deleted text end new text begin (1) new text end 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 deleted text begin , deleted text end new text begin ; new text end

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

deleted text begin (c) deleted text end new text begin (3) new text end state that failure of the owner or lienholders to exercise their right to reclaim
the vehicle deleted text begin and contents deleted text end 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 new text begin remaining new text end contents and a consent to the transfer of title to and disposal or
sale of the vehicle and new text begin remaining new text end contents pursuant to section 168B.08 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) state: ??a????You have the right to pick up your contents from your car, whether or
not you give up the right to reclaim your car. But if you are NOT going to reclaim your
car, after you get your contents, you must immediately (or as soon as possible) transfer
title to the car to the impound lot operator or city. This will save money for you and the
impound lot operator or the city." new text end

Sec. 2.

Minnesota Statutes 2004, 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; liability. new text end

new text begin (a) A unit of government or impound
lot operator shall establish a reasonable procedure for retrieval of vehicle contents. At
any time before the expiration of the waiting periods provided in section 168B.051,
subdivision 1, 1a, or 2, the owner of an impounded vehicle has the right to retrieve,
without charge, any and all contents. For the purposes of this subdivision, "contents"
means all personal belongings and does not include any mechanical or nonmechanical
automobile parts or automobile body parts, or any automobile accessories, including audio
or video players, temporarily or permanently affixed to the vehicle.
new text end

new text begin (b) An impound lot operator who violates this subdivision, or section 168B.06,
subdivision 1, is liable to an aggrieved party for the greater of $500 or treble damages,
plus reasonable attorney fees and costs.
new text end

Sec. 3.

Minnesota Statutes 2004, section 168B.07, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Voluntary renunciation. new text end

new text begin Notwithstanding section 168B.051, subdivision
1, 1a, or 2, an owner who voluntarily renounces the right to reclaim an impounded vehicle
shall immediately, or as soon as reasonably practicable, transfer title to the impound lot
operator or unit of government.
new text end