HF 3276

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; modifying provisions relating to tow trucks and
contents of impounded vehicles; amending Minnesota Statutes 2004, sections
168B.06, subdivision 1; 168B.07, by adding a subdivision; 169.829, subdivision
2; 169.86, by adding a subdivision.

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 registered vehicle owner and any lienholders 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 vehicle, whether or
not you give up the right to reclaim your vehicle."
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. new text end

new text begin A unit of government or impound lot operator
may 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 permanently affixed mechanical or nonmechanical:
(i) automobile parts; (ii) automobile body parts; or (iii) automobile accessories, including
audio or video players.
new text end

Sec. 3.

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 and deleted text end new text begin , new text end when the movement is deleted text begin temporary deleted text end new text begin
urgent, and when the movement is new text end for the purpose of deleted text begin taking deleted text end new text begin removing new 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. 4.

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