SF 166

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; allowing sale 25 days 
  1.3             after notice of vehicles impounded by Minneapolis, St. 
  1.4             Paul, or Bloomington; amending Minnesota Statutes 
  1.5             1996, sections 168B.051, subdivision 2, and by adding 
  1.6             a subdivision; 168B.06, subdivision 1; 168B.07, 
  1.7             subdivision 1; and 168B.087, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 168B.051, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [SALE 25 DAYS AFTER NOTICE BY CERTIFIED 
  1.12  MAIL.] An unauthorized vehicle impounded by the city of 
  1.13  Minneapolis, by the city of St. Paul, or in the city of 
  1.14  Bloomington is eligible for disposal or sale under section 
  1.15  168B.08, 25 days after notice is sent by certified mail, return 
  1.16  receipt requested, to the registered owner, if any, of the 
  1.17  unauthorized vehicle and to all readily identifiable lienholders 
  1.18  of record.  If, before the expiration of the 25-day period 
  1.19  following notice of taking, the registered owner or lienholder 
  1.20  of record delivers to the impound lot operator a written 
  1.21  statement of intent to reclaim the vehicle, the vehicle is not 
  1.22  eligible for disposal or sale until 45 days after the notice of 
  1.23  taking, if the owner or lienholder has not reclaimed under 
  1.24  section 168B.07.  Notwithstanding section 168B.06, subdivision 
  1.25  3, a second notice shall not be required. 
  1.26     Sec. 2.  Minnesota Statutes 1996, section 168B.051, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [SALE AFTER 45 DAYS.] An impounded vehicle is 
  2.3   eligible for disposal or sale under section 168B.08, 45 days 
  2.4   after notice to the owner, if the vehicle is determined to be an 
  2.5   unauthorized vehicle that was not impounded by the city of 
  2.6   Minneapolis, the city of St. Paul, or in the city of Bloomington.
  2.7      Sec. 3.  Minnesota Statutes 1996, section 168B.06, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [CONTENTS; NOTICE GIVEN WITHIN TEN DAYS.] 
  2.10  When an impounded vehicle is taken into custody, the unit of 
  2.11  government or impound lot operator taking it into custody shall 
  2.12  give notice of the taking within ten days.  The notice shall (a) 
  2.13  set forth the date and place of the taking, the year, make, 
  2.14  model and serial number of the impounded motor vehicle if such 
  2.15  information can be reasonably obtained and the place where the 
  2.16  vehicle is being held, (b) inform the owner and any lienholders 
  2.17  of their right to reclaim the vehicle under section 168B.07, and 
  2.18  (c) state that failure of the owner or lienholders to exercise 
  2.19  their right to reclaim the vehicle and contents within the 
  2.20  appropriate time allowed under section 168B.051, subdivision 1, 
  2.21  1a, or 2, shall be deemed a waiver by them of all right, title, 
  2.22  and interest in the vehicle and contents and a consent to the 
  2.23  transfer of title to and disposal or sale of the vehicle and 
  2.24  contents pursuant to section 168B.08. 
  2.25     Sec. 4.  Minnesota Statutes 1996, section 168B.07, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [PAYMENT OF CHARGES.] The owner or any 
  2.28  lienholder of an impounded vehicle shall have a right to reclaim 
  2.29  such vehicle from the unit of government or impound lot operator 
  2.30  taking it into custody upon payment of all towing and storage 
  2.31  charges resulting from taking the vehicle into custody within 15 
  2.32  25 or 45 days, as applicable under section 168B.051, subdivision 
  2.33  1, 1a, or 2, after the date of the notice required by section 
  2.34  168B.06.  
  2.35     Sec. 5.  Minnesota Statutes 1996, section 168B.087, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [DEFICIENCY CLAIM.] (a) The nonpublic 
  3.2   impound lot operator has a deficiency claim against the 
  3.3   registered owner of the vehicle for the reasonable costs of 
  3.4   services provided in the towing, storage, and inspection of the 
  3.5   vehicle minus the proceeds of the sale or auction.  
  3.6      (b) The claim for storage costs may not exceed the costs of:
  3.7      (1) 25 days storage, for a vehicle described in section 
  3.8   168B.051, subdivision 1; and 
  3.9      (2) 35 days storage, for a vehicle described in section 
  3.10  168B.051, subdivision 1a; and 
  3.11     (3) 55 days storage, for a vehicle described in section 
  3.12  168B.051, subdivision 2. 
  3.13     Sec. 6.  [LOCAL APPROVAL.] 
  3.14     This act is effective the day after compliance with 
  3.15  Minnesota Statutes, section 645.021, subdivision 3, by the 
  3.16  cities of Minneapolis, St. Paul, and Bloomington.