SF 2741

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2022 09:34am

A bill for an act
relating to transportation; modifying requirements for towing and impounding
vehicles; amending Minnesota Statutes 2020, sections 168B.035, subdivisions 1,
5, by adding subdivisions; 168B.07, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 168B.035, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Towing authority deleted text end new text begin Definitions new text end .

new text begin (a) new text end For purposes of this section, new text begin the
following definitions have the meanings given.
new text end

new text begin (b) new text end "Towing authority" means:

(1) any local authority authorized by section 169.04 to enforce the traffic laws, and a
private towing company authorized by a local authority; or

(2) an authorized employee of the Department of Transportation's freeway service patrol
within the department's eight-county metropolitan district.

new text begin (c) "Towing company" means any company providing towing services in the state,
regardless of whether the company is a towing authority.
new text end

Sec. 2.

Minnesota Statutes 2020, section 168B.035, subdivision 5, is amended to read:

Subd. 5.

Private property.

new text begin (a) new text end This section does not restrict the authority of the owner
of private property to authorize under chapter 168B the towing of a motor vehicle unlawfully
parked on the private property.

new text begin (b) A towing company must only tow a motor vehicle from private property when
requested to do so by the owner or lessee of the property. The owner or lessee of the property
must make the request to tow a vehicle in writing and include a description of the vehicle
and the reason for towing. Upon request, the towing company must provide a copy of the
written request to the vehicle's owner or owner's agent.
new text end

Sec. 3.

Minnesota Statutes 2020, section 168B.035, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Incomplete tows. new text end

new text begin (a) A towing company that is in the process of towing a
vehicle must immediately release the vehicle if:
new text end

new text begin (1) the owner of the vehicle or the owner's agent requests that the vehicle be released;
new text end

new text begin (2) the owner of the vehicle or the owner's agent pays a fee of not more than $.......; and
new text end

new text begin (3) the request is made before the tow truck leaves the property where the vehicle was
parked.
new text end

new text begin Upon the release of the vehicle, the owner or the owner's agent must immediately move the
vehicle to a lawful parking location or otherwise remove the vehicle from the property.
new text end

new text begin (b) If the owner of the vehicle or the owner's agent arrives while the vehicle is being
towed, the towing company must provide written notification to the owner or agent that the
vehicle will be released if the conditions in paragraph (a) are satisfied.
new text end

new text begin (c) This subdivision does not apply to vehicles that are part of a criminal investigation
or are stolen.
new text end

Sec. 4.

Minnesota Statutes 2020, section 168B.035, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Payment; receipt; fees. new text end

new text begin (a) A towing company must not charge the owner of
a vehicle or the owner's agent more than $150 for towing a vehicle.
new text end

new text begin (b) A towing company must accept payment by cash, check, debit card, or credit card
for all services. For each payment received, the towing company must provide an itemized
receipt to the person making the payment. At a minimum, the receipt must include the
following information: (1) the make and model of the vehicle; (2) the vehicle identification
number; (3) the location of the vehicle at the time it was towed; (4) the amount for each
separate type of fee or charge; and (5) contact information for the company.
new text end

Sec. 5.

Minnesota Statutes 2020, section 168B.07, subdivision 1, is amended to read:

Subdivision 1.

Payment deleted text begin of charges deleted text end new text begin ; receipt; fees new text end .

new text begin (a) new text end The owner or any lienholder of
an impounded vehicle shall have a right to reclaim such vehicle from the unit of government
or impound lot operator taking it into custody upon payment of all towing and storage
charges resulting from taking the vehicle into custody within 15 or 45 days, as applicable
under section 168B.051, subdivision 1, 1a, or 2, after the date of the notice required by
section 168B.06.

new text begin (b) An impound lot operator must not charge the owner of a vehicle or the owner's agent
more than $30 per day for storage charges and other costs related to the impoundment.
new text end

new text begin (c) An impound lot operator must accept payment by cash, check, debit card, or credit
card for all services. For each payment received, the impound lot operator must provide an
itemized receipt to the person making the payment. At a minimum, the receipt must include
the following information: (1) the make and model of the vehicle; (2) the vehicle
identification number; (3) the date the vehicle was impounded; (4) the name of the entity
responsible for impounding the vehicle; (5) the amount for each separate type of fee or
charge; and (6) contact information for the impound lot operator.
new text end