Minnesota Legislature
SF 3958
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/15/2022 08:59am
Current Version - as introduced
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A bill for an act
relating to transportation; amending certain requirements governing retrieval of
towed vehicles and towed vehicle contents; amending Minnesota Statutes 2020,
sections 168B.011, by adding a subdivision; 168B.051, by adding a subdivision;
168B.07, subdivisions 1, 3, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 168B.011, is amended by adding a subdivision
to read:
new text begin Subd. 11a. new text end
new text begin Nonpublic operator. new text end
new text begin
"Nonpublic operator" means an impound lot operator
who operates a nonpublic impound lot or who contracts with a unit of government under
section 168B.09 to exclusively operate a public impound lot.
new text end
Sec. 2.
Minnesota Statutes 2020, section 168B.051, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Waiting period extension. new text end
new text begin
If a nonpublic operator denies a request to retrieve
vehicle contents under section 168B.07, subdivision 3, within 15 days of the end of the
waiting period provided under subdivision 2, paragraph (a), clause (1), the nonpublic operator
may not sell or dispose of the vehicle or its contents until 15 days after the end of that waiting
period.
new text end
Sec. 3.
Minnesota Statutes 2020, section 168B.07, subdivision 1, is amended to read:
Subdivision 1.
Payment of charges.
The owner or any lienholder of an impounded
vehicle deleted text begin shall havedeleted text end new text begin hasnew text end a right to reclaim deleted text begin suchdeleted text end new text begin thenew text end 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 deleted text begin 15 or 45deleted text end new text begin the number ofnew text end daysdeleted text begin ,deleted text end as
applicable under section 168B.051deleted text begin , subdivision 1deleted text end deleted text begin , 1a, or 2, after the date of the notice
required by section 168B.06deleted text end .
Sec. 4.
Minnesota Statutes 2020, section 168B.07, subdivision 3, is amended to read:
Subd. 3.
Retrieval of contents.
(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 shalldeleted text end new text begin mustnew 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 who providesnew text begin proof of identity andnew 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 nonpublic operator who denies a request of a registered owner to retrieve vehicle
contents after the owner presents the information required under paragraph (c) must, at the
time of denial, provide the owner with a written statement with the specific reasons for the
denial.
new text end
Sec. 5.
Minnesota Statutes 2020, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Remedy. new text end
new text begin
(a) If a nonpublic operator refuses to return the contents of a vehicle
to a registered owner who has complied with subdivision 3, the owner has a cause of action
against the operator for injunctive relief plus reasonable attorney fees and costs.
new text end
new text begin
(b) If a nonpublic operator sells or disposes of the contents of a vehicle after the registered
owner has presented the information required under subdivision 3, in violation of subdivision
3 or section 168B.051, subdivision 3, the operator is liable to the registered owner for
additional statutory damages of $1,000 plus reasonable attorney fees and costs.
new text end