MD
Maryland House Bill HB1002

Maryland 2023 Regular Session

Maryland House Bill HB1002 Compare Versions

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1- WES MOORE, Governor Ch. 669
21
3-– 1 –
4-Chapter 669
5-(House Bill 1002)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1002*
89
9-Commercial Vehicles – Police–Initiated Towing – Alterations
10+HOUSE BILL 1002
11+E4 3lr2435
12+ CF SB 927
13+By: Delegates Foley and Barve
14+Introduced and read first time: February 10, 2023
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 5, 2023
1019
11-FOR the purpose of altering certain provisions related to the rates the Department of State
12-Police sets for tow companies involved in certain police–initiated towing;
13-establishing the Committee on Rate Setting and Complaint Resolution for
14-Police–Initiated Medium–Duty and Heavy–Duty Towing and Recovery; and
15-generally relating to the police–initiated towing of commercial vehicles.
20+CHAPTER ______
1621
17-BY repealing and reenacting, with amendments,
18- Article – Public Safety
19-Section 2–314
20- Annotated Code of Maryland
21- (2022 Replacement Volume)
22+AN ACT concerning 1
2223
23-BY adding to
24- Article – Public Safety
25-Section 2–314.1
26- Annotated Code of Maryland
27- (2022 Replacement Volume)
24+Commercial Vehicles – Police–Initiated Towing – Alterations 2
2825
29-BY repealing and reenacting, with amendments,
30- Article – Commercial Law
31-Section 16A–101
32- Annotated Code of Maryland
33- (2013 Replacement Volume and 2022 Supplement)
26+FOR the purpose of altering certain provisions related to the rates the Department of State 3
27+Police sets for tow companies involved in certain police–initiated towing; 4
28+establishing the Committee on Rate Setting and Complaint Resolution for 5
29+Police–Initiated Medium–Duty and Heavy–Duty Towing and Recovery; and 6
30+generally relating to the police–initiated towing of commercial vehicles. 7
3431
35-BY repealing and reenacting, with amendments,
36- Article – Commercial Law
37-Section 16A–101(d)
38- Annotated Code of Maryland
39- (2013 Replacement Volume and 2022 Supplement)
40- (As enacted by Section 2 of this Act)
32+BY repealing and reenacting, with amendments, 8
33+ Article – Public Safety 9
34+Section 2–314 10
35+ Annotated Code of Maryland 11
36+ (2022 Replacement Volume) 12
4137
42- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
43-That the Laws of Maryland read as follows:
38+BY adding to 13
39+ Article – Public Safety 14
40+Section 2–314.1 15
41+ Annotated Code of Maryland 16
42+ (2022 Replacement Volume) 17
4443
45-Article – Public Safety
44+BY repealing and reenacting, with amendments, 18
45+ Article – Commercial Law 19
46+Section 16A–101 20
47+ Annotated Code of Maryland 21
48+ (2013 Replacement Volume and 2022 Supplement) 22 2 HOUSE BILL 1002
4649
47-2–314.
4850
49- (a) (1) In this section the following words have the meanings indicated. Ch. 669 2023 LAWS OF MARYLAND
5051
51-– 2 –
52+BY repealing and reenacting, with amendments, 1
53+ Article – Commercial Law 2
54+Section 16A–101(d) 3
55+ Annotated Code of Maryland 4
56+ (2013 Replacement Volume and 2022 Supplement) 5
57+ (As enacted by Section 2 of this Act) 6
5258
53- (2) “APPROVED RATES ” MEANS THE MAXIMUM RA TES APPROVED BY
54-THE DEPARTMENT THAT APPLY TO POLICE–INITIATED TOWING AND RECOVERY
55-SERVICES.
59+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60+That the Laws of Maryland read as follows: 8
5661
57- [(2)] (3) “Authorized tow company” means a company providing towing
58-and recovery services at the request of the Department and designated on the tow list.
62+Article – Public Safety 9
5963
60- [(3)] (4) “Heavy–duty towing” means towing and recovery of a vehicle
61-including trailers and semitrailers with a gross vehicle weight rating over 26,000 pounds.
64+2–314. 10
6265
63- [(4)] (5) “Medium–duty towing” means towing and recovery of a vehicle
64-including trailers or semitrailers with a gross vehicle weight rating from over 10,000
65-pounds to 26,000 pounds.
66+ (a) (1) In this section the following words have the meanings indicated. 11
6667
67- [(5)] (6) “Per pound billing” means a method of calculating a fee for
68-towing and recovery services using a formula that considers the weight of the vehicle,
69-equipment, or cargo that is the subject of the towing and recovery and multiplies the weight
70-of the vehicle, equipment, or cargo by a monetary amount.
68+ (2) “APPROVED RATES ” MEANS THE MAXIMUM RA TES APPROVED BY 12
69+THE DEPARTMENT THAT APPLY TO POLICE–INITIATED TOWING AND RECOVERY 13
70+SERVICES. 14
7171
72- [(6)] (7) “Police–initiated towing” means the towing or recovery of a
73-commercial motor vehicle which was authorized, requested, or dispatched by the
74-Department.
72+ [(2)] (3) “Authorized tow company” means a company providing towing 15
73+and recovery services at the request of the Department and designated on the tow list. 16
7574
76- (8) “RECOVERY” MEANS WINCHING , HOISTING, UP–RIGHTING,
77-REMOVING, OR OTHERWISE RELOCAT ING A VEHICLE WHEN T HE VEHICLE IS FOUND
78-IN A LOCATION, STATE, OR POSITION IN WHICH IT CANNOT BE REMOVED FROM THE
79-LOCATION, STATE, OR POSITION USING ON LY THE VEHICLE ’S OWN POWER , EVEN IF
80-IT WERE IN COMPLETE OPERATING CONDITION .
75+ [(3)] (4) “Heavy–duty towing” means towing and recovery of a vehicle 17
76+including trailers and semitrailers with a gross vehicle weight rating over 26,000 pounds. 18
8177
82- [(7)] (9) “Tow list” means the list of towing businesses authorized by the
83-Department to perform police–initiated towing services of disabled or abandoned
84-commercial vehicles within the Department’s jurisdiction.
78+ [(4)] (5) “Medium–duty towing” means towing and recovery of a vehicle 19
79+including trailers or semitrailers with a gross vehicle weight rating from over 10,000 20
80+pounds to 26,000 pounds. 21
8581
86- (10) “TOWING” MEANS USING ANOTHER VEHICLE TO MOVE OR
87-REMOVE A VEHICLE .
82+ [(5)] (6) “Per pound billing” means a method of calculating a fee for 22
83+towing and recovery services using a formula that considers the weight of the vehicle, 23
84+equipment, or cargo that is the subject of the towing and recovery and multiplies the weight 24
85+of the vehicle, equipment, or cargo by a monetary amount. 25
8886
89- (b) The Department shall:
87+ [(6)] (7) “Police–initiated towing” means the towing or recovery of a 26
88+commercial motor vehicle which was authorized, requested, or dispatched by the 27
89+Department. 28
9090
91- (1) establish and maintain a tow list, by county, of qualifying tow
92-companies for use by the Department in carrying out the duties of this subtitle; and
91+ (8) “RECOVERY” MEANS WINCHING , HOISTING, UP–RIGHTING, 29
92+REMOVING, OR OTHERWISE RELOCAT ING A VEHICLE WHEN T HE VEHICLE IS FOUND 30
93+IN A LOCATION, STATE, OR POSITION IN WHICH IT CANNOT BE REMOVED FROM THE 31
94+LOCATION, STATE, OR POSITION USING ON LY THE VEHICLE ’S OWN POWER , EVEN IF 32
95+IT WERE IN COMPLETE OPERATING CONDITION . 33
96+ HOUSE BILL 1002 3
9397
94- (2) make the tow list available to the public on request.
95- WES MOORE, Governor Ch. 669
9698
97-– 3 –
98- (c) The Department may adopt regulations to establish standards for tow
99-companies, including application procedures and minimum qualification requirements, and
100-must include on the list all qualifying tow companies.
99+ [(7)] (9) “Tow list” means the list of towing businesses authorized by the 1
100+Department to perform police–initiated towing services of disabled or abandoned 2
101+commercial vehicles within the Department’s jurisdiction. 3
101102
102- (d) The Department shall:
103+ (10) “TOWING” MEANS USING ANOTHER VEHICLE TO MOVE OR 4
104+REMOVE A VEHICLE . 5
103105
104- (1) [require a tow company applying to the Department’s tow list for
105-medium– and heavy–duty towing to submit a rate sheet that does not include per pound
106-billing;
106+ (b) The Department shall: 6
107107
108- (2)] require a tow company that [makes an application under item (1) of this
109-subsection] IS ON THE TOW LIST to ban the use of per pound billing by October 1, 2023;
108+ (1) establish and maintain a tow list, by county, of qualifying tow 7
109+companies for use by the Department in carrying out the duties of this subtitle; and 8
110110
111- [(3) require the Department to make each tow compan y’s rate sheet
112-required under item (1) of this subsection available on request; and]
111+ (2) make the tow list available to the public on request. 9
113112
114- (2) ESTABLISH THE APPROV ED RATES FOR MEDIUM – AND
115-HEAVY–DUTY TOWING AND RECO VERY THAT MAY BE CHA RGED BY A TOW COMPAN Y
116-ON THE TOW LIST BY JANUARY 1, 2024; AND
113+ (c) The Department may adopt regulations to establish standards for tow 10
114+companies, including application procedures and minimum qualification requirements, and 11
115+must include on the list all qualifying tow companies. 12
117116
118- [(4)] (3) develop a process to receive, investigate, and adjudicate
119-complaints from a vehicle owner or operator or the owner’s designee against an authorized
120-tow company regarding the police–initiated towing of a commercial motor vehicle, including
121-a process to suspend or remove an authorized tow company from the tow list.
117+ (d) The Department shall: 13
122118
123- (e) An authorized tow company may charge less than but may not charge more
124-than the APPROVED rates [on the rate sheet submitted to] AUTHORIZED BY the
125-Department for a police–initiated towing AND RECOVERY .
119+ (1) [require a tow company applying to the Department’s tow list for 14
120+medium– and heavy–duty towing to submit a rate sheet that does not include per pound 15
121+billing; 16
126122
127- (f) If a vehicle owner or the owner’s designee requests the use of a specific towing
128-company, the Department shall honor that request and allow the vehicle owner to engage
129-the services of the requested towing company except when:
123+ (2)] require a tow company that [makes an application under item (1) of this 17
124+subsection] IS ON THE TOW LIST to ban the use of per pound billing by October 1, 2023; 18
130125
131- (1) the requested towing company cannot arrive at the location of the
132-vehicle within a reasonable time period;
126+ [(3) require the Department to make each tow company’s rate sheet 19
127+required under item (1) of this subsection available on request; and] 20
133128
134- (2) a traffic safety problem exists and the requested towing company
135-cannot arrive at the location within 30 minutes of a police employee’s arrival at the location
136-of the vehicle; or
129+ (2) ESTABLISH THE APPROV ED RATES FOR MEDIUM – AND 21
130+HEAVY–DUTY TOWING AND RECO VERY THAT MAY BE CHA RGED BY A TOW COMPAN Y 22
131+ON THE TOW LIST BY JANUARY 1, 2024; AND 23
137132
138- (3) the vehicle is disabled in the roadway as a result of a collision or vehicle
139-fire and the requested towing company cannot arrive within 30 minutes of a police
140-employee’s arrival at the location of the vehicle.
133+ [(4)] (3) develop a process to receive, investigate, and adjudicate 24
134+complaints from a vehicle owner or operator or the owner’s designee against an authorized 25
135+tow company regarding the police–initiated towing of a commercial motor vehicle, including 26
136+a process to suspend or remove an authorized tow company from the tow list. 27
141137
142-2–314.1. Ch. 669 2023 LAWS OF MARYLAND
138+ (e) An authorized tow company may charge less than but may not charge more 28
139+than the APPROVED rates [on the rate sheet submitted to] AUTHORIZED BY the 29
140+Department for a police–initiated towing AND RECOVERY. 30
143141
144-– 4 –
142+ (f) If a vehicle owner or the owner’s designee requests the use of a specific towing 31
143+company, the Department shall honor that request and allow the vehicle owner to engage 32
144+the services of the requested towing company except when: 33 4 HOUSE BILL 1002
145145
146- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
147-INDICATED.
148146
149- (2) “APPROVED RATES ” HAS THE MEANING STAT ED IN § 2–314 OF
150-THIS SUBTITLE.
151147
152- (3) “COMMITTEE” MEANS THE COMMITTEE ON RATE SETTING AND
153-COMPLAINT RESOLUTION FOR POLICE–INITIATED MEDIUM–DUTY AND
154-HEAVY–DUTY TOWING AND RECOVERY.
148+ (1) the requested towing company cannot arrive at the location of the 1
149+vehicle within a reasonable time period; 2
155150
156- (4) “POLICE–INITIATED TOWING ” HAS THE MEANING STAT ED IN §
157-2–314 OF THIS SUBTITLE .
151+ (2) a traffic safety problem exists and the requested towing company 3
152+cannot arrive at the location within 30 minutes of a police employee’s arrival at the location 4
153+of the vehicle; or 5
158154
159- (5) “RECOVERY” HAS THE MEANING STAT ED IN § 2–314 OF THIS
160-SUBTITLE.
155+ (3) the vehicle is disabled in the roadway as a result of a collision or vehicle 6
156+fire and the requested towing company cannot arrive within 30 minutes of a police 7
157+employee’s arrival at the location of the vehicle. 8
161158
162- (B) THERE IS A COMMITTEE ON RATE SETTING AND COMPLAINT
163-RESOLUTION FOR POLICE–INITIATED MEDIUM–DUTY AND HEAVY–DUTY TOWING
164-AND RECOVERY.
159+2–314.1. 9
165160
166- (C) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S:
161+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
162+INDICATED. 11
167163
168- (1) TWO REPRESENTATIVES OF THE TOWING AND RECOVERY
169-PROFESSIONALS OF MARYLAND, APPOINTED BY THE PRESIDENT OF THE TOWING
170-AND RECOVERY PROFESSIONALS OF MARYLAND;
164+ (2) “APPROVED RATES ” HAS THE MEANING STAT ED IN § 2–314 OF 12
165+THIS SUBTITLE. 13
171166
172- (2) A REPRESENTATIVE OF THE MARYLAND MOTOR TRUCK
173-ASSOCIATION, APPOINTED BY THE PRESIDENT OF THE MARYLAND MOTOR TRUCK
174-ASSOCIATION;
167+ (3) “COMMITTEE” MEANS THE COMMITTEE ON RATE SETTING AND 14
168+COMPLAINT RESOLUTION FOR POLICE–INITIATED MEDIUM–DUTY AND 15
169+HEAVY–DUTY TOWING AND RECOVERY. 16
175170
176- (3) A REPRESENTATIVE OF THE OWNER–OPERATOR INDEPENDENT
177-DRIVERS ASSOCIATION, APPOINTED BY THE PRESIDENT OF THE
178-OWNER–OPERATOR INDEPENDENT DRIVERS ASSOCIATION;
171+ (4) “POLICE–INITIATED TOWING ” HAS THE MEANING STAT ED IN § 17
172+2–314 OF THIS SUBTITLE . 18
179173
180- (4) A REPRESENTATIVE OF THE MARYLAND TRANSPORTATION
181-AUTHORITY POLICE, APPOINTED BY THE SECRETARY OF TRANSPORTATION ;
174+ (5) “RECOVERY” HAS THE MEANING STAT ED IN § 2–314 OF THIS 19
175+SUBTITLE. 20
182176
183- (5) A REPRESENTATIVE OF THE STATE HIGHWAY ADMINISTRATION ,
184-APPOINTED BY THE ADMINISTRATOR OF THE STATE HIGHWAY ADMINISTRATION ;
185-AND
186- WES MOORE, Governor Ch. 669
177+ (B) THERE IS A COMMITTEE ON RATE SETTING AND COMPLAINT 21
178+RESOLUTION FOR POLICE–INITIATED MEDIUM–DUTY AND HEAVY–DUTY TOWING 22
179+AND RECOVERY. 23
187180
188-– 5 –
189- (6) A REPRESENTATIVE OF THE MARYLAND INSURANCE
190-ADMINISTRATION , APPOINTED BY THE INSURANCE COMMISSIONER .
181+ (C) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S: 24
191182
192- (D) (1) A MEMBER OF THE COMMITTEE SHALL BE AP POINTED FOR A
193-3–YEAR TERM.
183+ (1) TWO REPRESENTATIVES OF THE TOWING AND RECOVERY 25
184+PROFESSIONALS OF MARYLAND, APPOINTED BY THE PRESIDENT OF THE TOWING 26
185+AND RECOVERY PROFESSIONALS OF MARYLAND; 27
194186
195- (2) A MEMBER OF THE COMMITTEE MAY BE REAP POINTED AT THE
196-END OF THE MEMBER ’S TERM.
187+ (2) A REPRESENTATIVE OF THE MARYLAND MOTOR TRUCK 28
188+ASSOCIATION, APPOINTED BY THE PRESIDENT OF THE MARYLAND MOTOR TRUCK 29
189+ASSOCIATION; 30
190+ HOUSE BILL 1002 5
197191
198- (E) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT FOR THE
199-COMMITTEE.
200192
201- (F) A MEMBER OF THE COMMITTEE:
193+ (3) A REPRESENTATIVE OF THE OWNER–OPERATOR INDEPENDENT 1
194+DRIVERS ASSOCIATION, APPOINTED BY THE PRESIDENT OF THE 2
195+OWNER–OPERATOR INDEPENDENT DRIVERS ASSOCIATION; 3
202196
203- (1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
204-COMMITTEE; BUT
197+ (4) A REPRESENTATIVE OF THE MARYLAND TRANSPORTATION 4
198+AUTHORITY POLICE, APPOINTED BY THE SECRETARY OF TRANSPORTATION ; 5
205199
206- (2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE
207-STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
200+ (5) A REPRESENTATIVE OF THE STATE HIGHWAY ADMINISTRATION , 6
201+APPOINTED BY THE ADMINISTRATOR OF THE STATE HIGHWAY ADMINISTRATION ; 7
202+AND 8
208203
209- (G) THE COMMITTEE SHALL :
204+ (6) A REPRESENTATIVE OF THE MARYLAND INSURANCE 9
205+ADMINISTRATION , APPOINTED BY THE INSURANCE COMMISSIONER . 10
210206
211- (1) ON OR BEFORE DECEMBER 1, 2023, RECOMMEND APPROVED
212-RATES TO THE DEPARTMENT THAT SHOUL D BE CHARGED FOR POL ICE–INITIATED
213-TOWING AND RECOVERY SERVICES;
207+ (D) (1) A MEMBER OF THE COMMITTEE SHALL BE AP POINTED FOR A 11
208+3–YEAR TERM. 12
214209
215- (2) MEET AT LEAST ONCE E VERY 3 YEARS TO REVIEW AND CONSIDER
216-MODIFICATION OF THE APPROVED RATES ;
210+ (2) A MEMBER OF THE COMMITTEE MAY BE REAP POINTED AT THE 13
211+END OF THE MEMBER ’S TERM. 14
217212
218- (3) REQUEST INFORMATION AND COMMENTS FROM OTHER PARTIES
219-OF INTEREST TO ASSIS T WITH ITS WORK;
213+ (E) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT FOR THE 15
214+COMMITTEE. 16
220215
221- (4) RECOMMEND TO THE DEPARTMENT A PROCESS FOR RESOLVING
222-TOWING COMPLAINTS ; AND
216+ (F) A MEMBER OF THE COMMITTEE: 17
223217
224- (5) MAKE ANY ADDITIONAL RECOMMENDATIONS TO T HE
225-DEPARTMENT THAT THE COMMITTEE CONSIDERS A PPROPRIATE.
218+ (1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 18
219+COMMITTEE; BUT 19
226220
227- (H) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT TO THE
228-COMMITTEE.
221+ (2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 20
222+STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 21
229223
230- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
231-as follows:
232- Ch. 669 2023 LAWS OF MARYLAND
224+ (G) THE COMMITTEE SHALL : 22
233225
234-– 6 –
235-Article – Commercial Law
226+ (1) ON OR BEFORE DECEMBER 1, 2023, RECOMMEND APPROVED 23
227+RATES TO THE DEPARTMENT THAT SHOUL D BE CHARGED FOR POL ICE–INITIATED 24
228+TOWING AND RECOVERY SERVICES; 25
236229
237-16A–101.
230+ (2) MEET AT LEAST ONCE E VERY 3 YEARS TO REVIEW AND CONSIDER 26
231+MODIFICATION OF THE APPROVED RATES ; 27
238232
239- (a) (1) In this title the following words have the meanings indicated.
233+ (3) REQUEST INFORMATION AND COMMEN TS FROM OTHER PARTIE S 28
234+OF INTEREST TO ASSIS T WITH ITS WORK; 29
235+ 6 HOUSE BILL 1002
240236
241- (2) “Authorized tow company” has the meaning stated in §
242-2–314 of the Public Safety Article.
243237
244- (3) “Heavy–duty towing” has the meaning stated in § 2–314 of the Public
245-Safety Article.
238+ (4) RECOMMEND TO THE DEPARTMENT A PROCESS FOR RESOLVING 1
239+TOWING COMPLAINTS ; AND 2
246240
247- (4) “Medium–duty towing” has the meaning stated in § 2–314 of the Public
248-Safety Article.
241+ (5) MAKE ANY ADDITIONAL RECOMMENDATIONS TO T HE 3
242+DEPARTMENT THAT THE COMMITTEE CONSIDERS A PPROPRIATE. 4
249243
250- (5) “Police–initiated towing” has the meaning stated in § 2–314 of the
251-Public Safety Article.
244+ (H) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT TO THE 5
245+COMMITTEE. 6
252246
253- (6) “Tow list” has the meaning stated in § 2–314 of the Public Safety
254-Article.
247+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
248+as follows: 8
255249
256- (b) (1) Title 16 of this article does not apply to police–initiated towing services
257-by an authorized tow company.
250+Article – Commercial Law 9
258251
259- (2) Police–initiated towing does not create a lien or security interest for the
260-authorized tow company in any equipment, vehicle, or cargo.
252+16A–101. 10
261253
262- (c) An authorized tow company shall provide a vehicle owner or operator or the
263-owner’s designee with reasonable access to a vehicle that is the subject of a police–initiated
264-towing so that the vehicle owner or operator or the owner’s designee may access and collect
265-any personal property or cargo contained in the vehicle, regardless of whether any payment
266-has been made for the authorized tow company’s services.
254+ (a) (1) In this title the following words have the meanings indicated. 11
267255
268- (d) (1) If there is no dispute as to the fees assessed by the authorized tow
269-company for the police–initiated towing of a vehicle:
256+ (2) “Authorized tow company” has the meaning stated in § 12
257+2–314 of the Public Safety Article. 13
270258
271- (i) The vehicle owner or operator or the owner’s designee shall pay
272-the authorized tow company’s invoice; and
259+ (3) “Heavy–duty towing” has the meaning stated in § 2–314 of the Public 14
260+Safety Article. 15
273261
274- (ii) The authorized tow company shall release a vehicle and any
275-cargo that was the subject of a police–initiated towing immediately.
262+ (4) “Medium–duty towing” has the meaning stated in § 2–314 of the Public 16
263+Safety Article. 17
276264
277- (2) If there is a genuine dispute as to the reasonableness or amount of the
278-fees assessed by an authorized tow company:
279- WES MOORE, Governor Ch. 669
265+ (5) “Police–initiated towing” has the meaning stated in § 2–314 of the 18
266+Public Safety Article. 19
280267
281-– 7 –
282- (i) The authorized tow company shall release the cargo immediately
283-to the owner or the owner’s authorized agent in accordance with this subsection on
284-submission of:
268+ (6) “Tow list” has the meaning stated in § 2–314 of the Public Safety 20
269+Article. 21
285270
286- 1. Proof of ownership if the cargo does not belong to the
287-transportation company; or
271+ (b) (1) Title 16 of this article does not apply to police–initiated towing services 22
272+by an authorized tow company. 23
288273
289- 2. If the cargo belongs to the transportation company:
274+ (2) Police–initiated towing does not create a lien or security interest for the 24
275+authorized tow company in any equipment, vehicle, or cargo. 25
290276
291- A. A letter from the insurance company stating there is
292-coverage for the relevant claim or accident and including, at minimum, a claim number,
293-policy number, and policy limit; or
277+ (c) An authorized tow company shall provide a vehicle owner or operator or the 26
278+owner’s designee with reasonable access to a vehicle that is the subject of a police–initiated 27
279+towing so that the vehicle owner or operator or the owner’s designee may access and collect 28
280+any personal property or cargo contained in the vehicle, regardless of whether any payment 29
281+has been made for the authorized tow company’s services. 30
282+ HOUSE BILL 1002 7
294283
295- B. If an insurance policy required under item 2 of this item is
296-not high enough to cover the cost of the cargo clean–up, a signed letter of guarantee from
297-the transportation company; and
298284
299- (ii) Beginning [October 1, 2023,] MARCH 1, 2024, the authorized
300-tow company shall release the vehicle to the owner or the owner’s authorized agent on
301-payment of 20% of the invoice by the vehicle owner or operator or the owner’s designee.
285+ (d) (1) If there is no dispute as to the fees assessed by the authorized tow 1
286+company for the police–initiated towing of a vehicle: 2
302287
303- (3) A payment under paragraph (2)(ii) of this subsection does not eliminate
304-the remainder of the financial obligation to the authorized tow company.
288+ (i) The vehicle owner or operator or the owner’s designee shall pay 3
289+the authorized tow company’s invoice; and 4
305290
306- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
307-as follows:
291+ (ii) The authorized tow company shall release a vehicle and any 5
292+cargo that was the subject of a police–initiated towing immediately. 6
308293
309-Article – Commercial Law
294+ (2) If there is a genuine dispute as to the reasonableness or amount of the 7
295+fees assessed by an authorized tow company: 8
310296
311-16A–101.
297+ (i) The authorized tow company shall release the cargo immediately 9
298+to the owner or the owner’s authorized agent in accordance with this subsection on 10
299+submission of: 11
312300
313- (d) (1) If there is no dispute as to the fees assessed by the authorized tow
314-company for the police–initiated towing of a vehicle:
301+ 1. Proof of ownership if the cargo does not belong to the 12
302+transportation company; or 13
315303
316- (i) The vehicle owner or operator or the owner’s designee shall pay
317-the authorized tow company’s invoice; and
304+ 2. If the cargo belongs to the transportation company: 14
318305
319- (ii) The authorized tow company shall release a vehicle and any
320-cargo that was the subject of a police–initiated towing immediately.
306+ A. A letter from the insurance company stating there is 15
307+coverage for the relevant claim or accident and including, at minimum, a claim number, 16
308+policy number, and policy limit; or 17
321309
322- (2) If there is a genuine dispute as to the reasonableness or amount of the
323-fees assessed by an authorized tow company[:
310+ B. If an insurance policy required under item 2 of this item is 18
311+not high enough to cover the cost of the cargo clean–up, a signed letter of guarantee from 19
312+the transportation company; and 20
324313
325- (i) The] THE authorized tow company shall release the cargo
326-immediately to the owner or the owner’s authorized agent in accordance with this
327-subsection on submission of: Ch. 669 2023 LAWS OF MARYLAND
314+ (ii) Beginning [October 1, 2023,] MARCH 1, 2024, the authorized 21
315+tow company shall release the vehicle to the owner or the owner’s authorized agent on 22
316+payment of 20% of the invoice by the vehicle owner or operator or the owner’s designee. 23
328317
329-– 8 –
318+ (3) A payment under paragraph (2)(ii) of this subsection does not eliminate 24
319+the remainder of the financial obligation to the authorized tow company. 25
330320
331- [1.] (I) Proof of ownership if the cargo does not belong to the
332-transportation company; or
321+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26
322+as follows: 27
333323
334- [2.] (II) If the cargo belongs to the transportation company:
324+Article – Commercial Law 28
335325
336- [A.] 1. A letter from the insurance company stating there
337-is coverage for the relevant claim or accident and including, at minimum, a claim number,
338-policy number, and policy limit; or
326+16A–101. 29
339327
340- [B.] 2. If an insurance policy required under item 2 of this
341-item is not high enough to cover the cost of the cargo clean–up, a signed letter of guarantee
342-from the transportation company[; and
328+ (d) (1) If there is no dispute as to the fees assessed by the authorized tow 30
329+company for the police–initiated towing of a vehicle: 31
330+ 8 HOUSE BILL 1002
343331
344- (ii) Beginning March 1, 2024, the authorized tow company shall
345-release the vehicle to the owner or the owner’s authorized agent on payment of 20% of the
346-invoice by the vehicle owner or operator or the owner’s designee.
347332
348- (3) A payment under paragraph (2)(ii) of this subsection does not eliminate
349-the remainder of the financial obligation to the authorized tow company].
333+ (i) The vehicle owner or operator or the owner’s designee shall pay 1
334+the authorized tow company’s invoice; and 2
350335
351- SECTION 4. AND BE IT FURTHER ENACTED, That:
336+ (ii) The authorized tow company shall release a vehicle and any 3
337+cargo that was the subject of a police–initiated towing immediately. 4
352338
353- (a) Section 3 of this Act is contingent upon the receipt of notice from the
354-Department of State Police that approved rates for medium– and heavy–duty towing and
355-recovery have been adopted as required by § 2–304(d)(2) of the Public Safety Article as
356-enacted by Section 1 of this Act.
339+ (2) If there is a genuine dispute as to the reasonableness or amount of the 5
340+fees assessed by an authorized tow company[: 6
357341
358- (b) Within 5 days after the approved rates for medium– and heavy–duty towing
359-and recovery are adopted, the Maryland Department of State Police shall notify the
360-Department of Legislative Services.
342+ (i) The] THE authorized tow company shall release the cargo 7
343+immediately to the owner or the owner’s authorized agent in accordance with this 8
344+subsection on submission of: 9
361345
362- (c) If notice of the adoption of the approved rates is received by the Department
363-of Legislative Services, Section 3 of this Act shall take effect on the date notice is received
364-by the Department of Legislative Services in accordance with subsection (b) of this section.
346+ [1.] (I) Proof of ownership if the cargo does not belong to the 10
347+transportation company; or 11
365348
366- (d) If Section 3 of this Act takes effect, Section 2 of this Act, with no further action
367-by the General Assembly, shall be null and void.
349+ [2.] (II) If the cargo belongs to the transportation company: 12
368350
369- SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 4 of this
370-Act, this Act shall take effect July 1, 2023.
351+ [A.] 1. A letter from the insurance company stating there 13
352+is coverage for the relevant claim or accident and including, at minimum, a claim number, 14
353+policy number, and policy limit; or 15
371354
372-Approved by the Governor, May 16, 2023.
355+ [B.] 2. If an insurance policy required under item 2 of this 16
356+item is not high enough to cover the cost of the cargo clean–up, a signed letter of guarantee 17
357+from the transportation company[; and 18
358+
359+ (ii) Beginning March 1, 2024, the authorized tow company shall 19
360+release the vehicle to the owner or the owner’s authorized agent on payment of 20% of the 20
361+invoice by the vehicle owner or operator or the owner’s designee. 21
362+
363+ (3) A payment under paragraph (2)(ii) of this subsection does not eliminate 22
364+the remainder of the financial obligation to the authorized tow company]. 23
365+
366+ SECTION 4. AND BE IT FURTHER ENACTED, That: 24
367+
368+ (a) Section 3 of this Act is contingent upon the receipt of notice from the 25
369+Department of State Police that approved rates for medium– and heavy–duty towing and 26
370+recovery have been adopted as required by § 2–304(d)(2) of the Public Safety Article as 27
371+enacted by Section 1 of this Act. 28
372+
373+ (b) Within 5 days after the approved rates for medium– and heavy–duty towing 29
374+and recovery are adopted, the Maryland Department of State Police shall notify the 30
375+Department of Legislative Services. 31
376+ HOUSE BILL 1002 9
377+
378+
379+ (c) If notice of the adoption of the approved rates is received by the Department 1
380+of Legislative Services, Section 3 of this Act shall take effect on the date notice is received 2
381+by the Department of Legislative Services in accordance with subsection (b) of this section. 3
382+
383+ (d) If Section 3 of this Act takes effect, Section 2 of this Act, with no further action 4
384+by the General Assembly, shall be null and void. 5
385+
386+ SECTION 5. AND BE IT FURTHER ENACTED, That, subject to Section 4 of this 6
387+Act, this Act shall take effect July 1, 2023. 7
388+
389+
390+
391+
392+Approved:
393+________________________________________________________________________________
394+ Governor.
395+________________________________________________________________________________
396+ Speaker of the House of Delegates.
397+________________________________________________________________________________
398+ President of the Senate.