| 1 | 1 | | HOUSE BILL NO. 6063 A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 252i (MCL 257.252i), as added by 2004 PA 493. the people of the state of michigan enact: Sec. 252i. (1) A towing service, agency, custodian of a vehicle, or both, shall is not be precluded from the recovery of towing fees or, subject to subsection (2), storage fees from the last titled owner of a vehicle deemed abandoned under section 252a or section 252b, or removed under section 252d. The towing and storage fees may not exceed the maximum amount that may be charged for the services under an applicable fee schedule set by local ordinance. Except as otherwise provided in this subsection, a towing agency, custodian of a vehicle, or both, shall not charge the owner of the vehicle, the owner's agent, the insurer of record, or any secured party more than the following, including any applicable administrative fee: (a) For a vehicle under 11,000 pounds, a towing fee of $175.00 and a storage fee per 24 hours of $25.00. (b) For a vehicle from 11,000 to 17,000 pounds, a towing fee of $250.00 and a storage fee per 24 hours of $40.00. (c) For a vehicle over 17,000 pounds, a towing fee of $360.00 and a storage fee per 24 hours of $75.00. (d) The maximum after-hours retrieval fee under section 252n, $150.00. (e) Except as authorized by local ordinance under subsection (4), a towing agency, custodian of a vehicle, or both, shall not charge any fees for services relating to the towing and storage of a vehicle other than set forth in this section. (2) If a vehicle is released for disposition under section 252b or section 252g, the total amount of storage fees that may be collected is whichever 1 of the lowest amount of the following: is the least amount: (a) The daily storage rate established by contract or agreement with the law enforcement agency or unit of government that authorized the towing and storage of the vehicle. (b) The daily storage rate charged by the storage facility. (c) $1,000.00. (3) Subject to subsection (4), a towing agency may charge fees for special services, including, but not limited to, cleanup, winching, specialized equipment, mileage surcharges, or labor, if the special services are both of the following: (a) Authorized by local ordinance. (b) Performed at the request of a police officer at the scene of the accident. (4) Fees authorized under subsection (3) may not exceed the maximum amounts that may be charged for the services in accordance with an applicable schedule of fees set by local ordinance, provided that the fees do not exceed the following, as applicable: (a) Cleanup fee, $25.00. (b) Winching fee, $150.00 per hour. (c) Specialized equipment, $75.00. (d) Mileage surcharge, $0.50 per mile for each mile over 50 miles in any 1 direction. (e) Labor fee, $75.00. (f) Other fees authorized by applicable schedule of fees set by local ordinance. (5) (3) Subsection (2) does not apply to a commercial vehicle or to a vehicle that is owned or leased by an entity other than an individual.A towing agency, custodian of a vehicle, or both, shall not charge the owner of the vehicle different fees or rates for similar towing or storage services for a vehicle that is owned or leased by an entity other than an individual. (6) The towing and storage fees charged under this section must conform with fees that are publicly posted by the towing agency or storage service as follows: (a) Prominently posted on 1 or more signs at any towing or storage service place of business. The first line of each posted sign must be in letters not less than 1-1/2 inches in height, and the remaining lines of the sign must be in letters not less than 1/2 inch in height. (b) If the towing or storage service has an online presence, posted on the towing or storage service's website, social media page, or other online location. (7) A person that violates this section is responsible for a civil infraction. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6062 (request no. 04466'23) of the 102nd Legislature is enacted into law. |
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| 21 | 21 | | HOUSE BILL NO. 6063 |
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| 24 | 24 | | |
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| 25 | 25 | | A bill to amend 1949 PA 300, entitled |
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| 26 | 26 | | |
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| 27 | 27 | | "Michigan vehicle code," |
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| 28 | 28 | | |
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| 29 | 29 | | by amending section 252i (MCL 257.252i), as added by 2004 PA 493. |
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| 30 | 30 | | |
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| 31 | 31 | | the people of the state of michigan enact: |
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| 32 | 32 | | |
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| 33 | 33 | | Sec. 252i. (1) A towing service, agency, custodian of a vehicle, or both, shall is not be precluded from the recovery of towing fees or, subject to subsection (2), storage fees from the last titled owner of a vehicle deemed abandoned under section 252a or section 252b, or removed under section 252d. The towing and storage fees may not exceed the maximum amount that may be charged for the services under an applicable fee schedule set by local ordinance. Except as otherwise provided in this subsection, a towing agency, custodian of a vehicle, or both, shall not charge the owner of the vehicle, the owner's agent, the insurer of record, or any secured party more than the following, including any applicable administrative fee: |
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| 34 | 34 | | |
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| 35 | 35 | | (a) For a vehicle under 11,000 pounds, a towing fee of $175.00 and a storage fee per 24 hours of $25.00. |
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| 36 | 36 | | |
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| 37 | 37 | | (b) For a vehicle from 11,000 to 17,000 pounds, a towing fee of $250.00 and a storage fee per 24 hours of $40.00. |
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| 38 | 38 | | |
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| 39 | 39 | | (c) For a vehicle over 17,000 pounds, a towing fee of $360.00 and a storage fee per 24 hours of $75.00. |
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| 40 | 40 | | |
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| 41 | 41 | | (d) The maximum after-hours retrieval fee under section 252n, $150.00. |
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| 42 | 42 | | |
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| 43 | 43 | | (e) Except as authorized by local ordinance under subsection (4), a towing agency, custodian of a vehicle, or both, shall not charge any fees for services relating to the towing and storage of a vehicle other than set forth in this section. |
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| 44 | 44 | | |
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| 45 | 45 | | (2) If a vehicle is released for disposition under section 252b or section 252g, the total amount of storage fees that may be collected is whichever 1 of the lowest amount of the following: is the least amount: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) The daily storage rate established by contract or agreement with the law enforcement agency or unit of government that authorized the towing and storage of the vehicle. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) The daily storage rate charged by the storage facility. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) $1,000.00. |
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| 52 | 52 | | |
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| 53 | 53 | | (3) Subject to subsection (4), a towing agency may charge fees for special services, including, but not limited to, cleanup, winching, specialized equipment, mileage surcharges, or labor, if the special services are both of the following: |
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| 55 | 55 | | (a) Authorized by local ordinance. |
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| 56 | 56 | | |
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| 57 | 57 | | (b) Performed at the request of a police officer at the scene of the accident. |
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| 58 | 58 | | |
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| 59 | 59 | | (4) Fees authorized under subsection (3) may not exceed the maximum amounts that may be charged for the services in accordance with an applicable schedule of fees set by local ordinance, provided that the fees do not exceed the following, as applicable: |
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| 60 | 60 | | |
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| 61 | 61 | | (a) Cleanup fee, $25.00. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Winching fee, $150.00 per hour. |
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| 64 | 64 | | |
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| 65 | 65 | | (c) Specialized equipment, $75.00. |
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| 66 | 66 | | |
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| 67 | 67 | | (d) Mileage surcharge, $0.50 per mile for each mile over 50 miles in any 1 direction. |
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| 68 | 68 | | |
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| 69 | 69 | | (e) Labor fee, $75.00. |
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| 70 | 70 | | |
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| 71 | 71 | | (f) Other fees authorized by applicable schedule of fees set by local ordinance. |
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| 72 | 72 | | |
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| 73 | 73 | | (5) (3) Subsection (2) does not apply to a commercial vehicle or to a vehicle that is owned or leased by an entity other than an individual.A towing agency, custodian of a vehicle, or both, shall not charge the owner of the vehicle different fees or rates for similar towing or storage services for a vehicle that is owned or leased by an entity other than an individual. |
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| 74 | 74 | | |
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| 75 | 75 | | (6) The towing and storage fees charged under this section must conform with fees that are publicly posted by the towing agency or storage service as follows: |
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| 76 | 76 | | |
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| 77 | 77 | | (a) Prominently posted on 1 or more signs at any towing or storage service place of business. The first line of each posted sign must be in letters not less than 1-1/2 inches in height, and the remaining lines of the sign must be in letters not less than 1/2 inch in height. |
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| 78 | 78 | | |
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| 79 | 79 | | (b) If the towing or storage service has an online presence, posted on the towing or storage service's website, social media page, or other online location. |
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| 80 | 80 | | |
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| 81 | 81 | | (7) A person that violates this section is responsible for a civil infraction. |
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| 82 | 82 | | |
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| 83 | 83 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6062 (request no. 04466'23) of the 102nd Legislature is enacted into law. |
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