1.1 	A bill for an act
1.2 	relating to motor vehicles; permitting sale of impounded vehicle and contents 
1.3 	after voluntary transfer; providing for notice and right to reclaim contents of 
1.4 	impounded vehicle; establishing liability of impound lot operator; imposing civil 
1.5 	penalty;amending Minnesota Statutes 2006, sections 168B.051, subdivision 2; 
1.6 	168B.06, subdivisions 1, 3; 168B.07, by adding a subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to 
1.9 	read:
1.10 		Subd. 2.Sale after 45 days or title transfer. ~~An~~ (a) If an unauthorized vehicle 
1.11 	is impounded, but not by the city of Minneapolis or the city of St. Paul, the impounded 
1.12 	vehicle is eligible for disposal or sale under section 168B.08, the earlier of:
1.13 	(1) 45 days after notice to the owner~~, if the vehicle is determined to be an~~ 
1.14 	~~unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St.~~ 
1.15 	~~Paul.~~; or
1.16 	(2) when the registered owner, in writing, voluntarily transfers the title to the 
1.17 	impound lot operator.
1.18 	 (b) A voluntary transfer, in writing, constitutes a waiver by the registered owner of 
1.19 	any right, title, and interest in the vehicle.

1.20 	Sec. 2. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:
1.21 		Subdivision 1.~~Contents;~~ Written  notice ~~given within five days~~ of impound. (a) 
1.22 	When an impounded vehicle is taken into custody, the unit of government or impound lot 
1.23 	operator taking it into custody shall give written notice of the taking within five days to 
1.24 	the registered vehicle owner and any lienholders. The failure of the owner or lienholders 
2.1 	to exercise the right to reclaim the vehicle before the expiration of the waiting periods 
2.2 	provided under section 168B.051 is deemed a waiver of all right, title, and interest in the 
2.3 	vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle under 
2.4 	section 168B.08. The failure of the owner to exercise the right to reclaim the contents 
2.5 	before the expiration of the waiting period provided under section 168B.07, subdivision 
2.6 	3, is deemed a waiver of all right, title, and interest in the contents and a consent to the 
2.7 	transfer of title to, and disposal or sale of, the contents under section 168B.08. 
2.8 	(b) The notice ~~shall~~ must:
2.9 	(1) set forth the date and place of the taking~~,~~;
2.10 	(2) provide  the year, make, model, and serial number of the impounded motor 
2.11 	vehicle, if such information can be reasonably obtained, and the place where the vehicle 
2.12 	is being held~~,~~;
2.13 	~~(2)~~ (3) inform the owner and any lienholders of their right to reclaim the vehicle 
2.14 	under section 168B.07~~,~~; and
2.15 	~~(3)~~ (4) state that failure of the owner or lienholders to ~~exercise their right to reclaim~~ 
2.16 	~~the vehicle and contents within the appropriate time allowed under section 168B.051,~~ 
2.17 	~~subdivision 1, 1a, or 2, shall be deemed a waiver by them of all right, title, and interest in~~ 
2.18 	~~the vehicle and contents and a consent to the transfer of title to and disposal or sale of~~ 
2.19 	~~the vehicle and contents pursuant to section 168B.08~~ reclaim the vehicle and its contents 
2.20 	within the waiting periods provided under section 168B.051 or 168B.07, subdivision 3, 
2.21 	results in the loss of title and consent to sell or dispose of both the vehicle and its contents. 
2.22 	(c) Impound lot operators subject to section 168B.051, subdivision 2, shall include 
2.23 	in the notice the following verbatim statement, in 14-point type: "Whether or not you 
2.24 	intend to reclaim your vehicle, you have the right to pick up the contents of the vehicle."

2.25 	Sec. 3. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:
2.26 		Subd. 3.Unauthorized vehicle; second notice. If an unauthorized vehicle remains 
2.27 	unclaimed after 30 days from the date the notice was sent under subdivision 2, a second 
2.28 	notice ~~shall~~ must be sent by certified mail, return receipt requested, to the registered owner, 
2.29 	if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

2.30 	Sec. 4. Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision 
2.31 	to read:
2.32 		Subd. 3.Retrieval of contents. (a) A unit of government or impound lot operator 
2.33 	may establish a reasonable procedure for retrieval of vehicle contents. 
3.1 	(b) At any time before the expiration of the waiting periods provided in section 
3.2 	168B.051, the owner of an impounded vehicle has the right to retrieve, without charge, 
3.3 	any and all contents, regardless of whether the owner pays incurred charges or fees, 
3.4 	transfers title, or reclaims the vehicle. For the purposes of this subdivision, "contents" 
3.5 	means all personal belongings and does not include any permanently affixed mechanical 
3.6 	or nonmechanical: 
3.7 	(1) automobile parts;
3.8 	(2) automobile body parts; or
3.9 	(3) automobile accessories, including audio or video players.
3.10 	(c) An impound lot operator subject to section 168B.051, subdivision 2, who violates 
3.11 	any provision of this section is liable to an aggrieved party for the greater of $500 or treble 
3.12 	damages, plus reasonable attorney fees and costs.