2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to motor vehicles; allowing sale 15 days 1.3 after notice of vehicles impounded in Minneapolis or 1.4 St. Paul; amending Minnesota Statutes 1996, sections 1.5 168B.051, subdivision 2, and by adding a subdivision; 1.6 168B.06, subdivision 1; and 168B.07, subdivision 1. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1996, section 168B.051, is 1.9 amended by adding a subdivision to read: 1.10 Subd. 1a. [SALE 15 DAYS AFTER NOTICE BY CERTIFIED MAIL.] 1.11 An unauthorized vehicle impounded by the city of Minneapolis or 1.12 by the city of St. Paul is eligible for disposal or sale under 1.13 section 168B.08, 15 days after notice is sent by certified mail, 1.14 return receipt requested, to the registered owner, if any, of 1.15 the unauthorized vehicle and to all readily identifiable 1.16 lienholders of record. If, before the expiration of the 15-day 1.17 period following notice of taking, the registered owner or 1.18 lienholder of record delivers to the impound lot operator a 1.19 written statement of intent to reclaim the vehicle, the vehicle 1.20 is not eligible for disposal or sale until 45 days after the 1.21 notice of taking, if the owner or lienholder has not reclaimed 1.22 under section 168B.07. Notwithstanding section 168B.06, 1.23 subdivision 3, a second notice shall not be required. 1.24 Sec. 2. Minnesota Statutes 1996, section 168B.051, 1.25 subdivision 2, is amended to read: 1.26 Subd. 2. [SALE AFTER 45 DAYS.] An impounded vehicle is 2.1 eligible for disposal or sale under section 168B.08, 45 days 2.2 after notice to the owner, if the vehicle is determined to be an 2.3 unauthorized vehicle that was not impounded by the city of 2.4 Minneapolis or the city of St. Paul. 2.5 Sec. 3. Minnesota Statutes 1996, section 168B.06, 2.6 subdivision 1, is amended to read: 2.7 Subdivision 1. [CONTENTS; NOTICE GIVEN WITHIN TEN DAYS.] 2.8 When an impounded vehicle is taken into custody, the unit of 2.9 government or impound lot operator taking it into custody shall 2.10 give notice of the taking within ten days. The notice shall (a) 2.11 set forth the date and place of the taking, the year, make, 2.12 model and serial number of the impounded motor vehicle if such 2.13 information can be reasonably obtained and the place where the 2.14 vehicle is being held, (b) inform the owner and any lienholders 2.15 of their right to reclaim the vehicle under section 168B.07, and 2.16 (c) state that failure of the owner or lienholders to exercise 2.17 their right to reclaim the vehicle and contents within the 2.18 appropriate time allowed under section 168B.051, subdivision 1, 2.19 1a, or 2, shall be deemed a waiver by them of all right, title, 2.20 and interest in the vehicle and contents and a consent to the 2.21 transfer of title to and disposal or sale of the vehicle and 2.22 contents pursuant to section 168B.08. 2.23 Sec. 4. Minnesota Statutes 1996, section 168B.07, 2.24 subdivision 1, is amended to read: 2.25 Subdivision 1. [PAYMENT OF CHARGES.] The owner or any 2.26 lienholder of an impounded vehicle shall have a right to reclaim 2.27 such vehicle from the unit of government or impound lot operator 2.28 taking it into custody upon payment of all towing and storage 2.29 charges resulting from taking the vehicle into custody within152.30 25 or 45 days, as applicable under section 168B.051, subdivision 2.31 1, 1a, or 2, after the date of the notice required by section 2.32 168B.06. 2.33 Sec. 5. [EFFECTIVE DATE.] 2.34 This act is effective for each of the cities, respectively, 2.35 the day after compliance with Minnesota Statutes, section 2.36 645.021, subdivision 3, by the city of Minneapolis and by the 3.1 city of St. Paul.