Bill Text: MI HB6062 | 2023-2024 | 102nd Legislature | Introduced

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Bill Title: Vehicles: wreckers; guidelines for towing rates and practices; provide for. Amends secs. 252a, 252d, 252e, 252f, 252g, 252k, 252l, 676c, 676d & 907 of 1949 PA 300 (MCL 257.252a et seq.); adds secs. 68a, 252n & 252o & ch. IIA & repeals sec. 676c of 1949 PA 300 (MCL 257.676c). TIE BAR WITH: HB 6063'24

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced - Dead) 2024-11-13 - Per Rule 41 Referred To Committee On Regulatory Reform [HB6062 Detail]

Download: Michigan-2023-HB6062-Introduced.html

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HOUSE BILL NO. 6062

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 252a, 252d, 252e, 252f, 252g, 252k, 252l, 676c, 676d, and 907 (MCL 257.252a, 257.252d, 257.252e, 257.252f, 257.252g, 257.252k, 257.252l, 257.676c, 257.676d, and 257.907), sections 252a, 252f, and 252g as amended by 2018 PA 347, sections 252d and 252e as amended by 2022 PA 89, sections 252k and 252l as amended by 2008 PA 539, section 676c as added by 2014 PA 303, section 676d as amended by 2020 PA 141, and section 907 as amended by 2024 PA 22, and by adding sections 68a, 252n, 252o and chapter IIA; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 68a. "Towing agency" means a person engaged in the business of removing vehicles from public or private property by means including, but not limited to, towing, relocating, and storing vehicles.

Sec. 252a. (1) A person shall not abandon a vehicle in this state. It is presumed that the last titled owner of the vehicle is responsible for abandoning the vehicle unless the person provides a record of the sale as that term is defined in section 240. A person who that violates this subsection and who fails to redeem the vehicle before disposition of the vehicle under section 252g is responsible for a civil infraction and shall must be ordered to pay a civil fine of $50.00.

(2) As used in this section and sections 252b through to 252l, "abandoned vehicle" means any of the following:

(a) A vehicle that has remained is on private property without the consent of the owner if the vehicle is located in 1 of the following:

(i) In a private tow-away zone that meets the requirements of section 252k.

(ii) On real property that is appurtenant to and obviously part of a single- or dual-family residence.

(b) A vehicle that has remained on public property for a period of not less than 48 hours, or on a state trunk line highway as described in section 1 of 1951 PA 51, MCL 247.651, as follows:

(i) If a valid registration plate is affixed to the vehicle, for a period of not less than 18 hours.

(ii) If a valid registration plate is not affixed to the vehicle.

(c) A vehicle, other than a late-model vehicle, to which all of the following apply:

(i) An insurance company has not acquired ownership of the vehicle under section 217c.

(ii) The vehicle cannot be disposed of under section 248c.

(iii) The vehicle has remained in the custody of a vehicle salvage pool or broker site without the consent of the vehicle salvage pool operator or the broker for a period of not less than 60 days.

(3) If a vehicle has remained on public property for the period of time described in subsection (2)(b) so that it and qualifies as abandoned, a police agency having that has jurisdiction over the vehicle or the police agency's designee shall determine whether the vehicle has been reported stolen and may affix a written notice to the vehicle. The written notice shall must contain the following information:

(a) The date and time the notice was affixed.

(b) The name and address of the police agency taking the action.

(c) The name and badge number of the police officer affixing the notice.

(d) The date and time the vehicle may be taken into custody and stored at the owner's expense or scrapped if the vehicle is not removed.

(e) The year, make, and vehicle identification number of the vehicle, if available.

(4) If the vehicle is an abandoned vehicle, the police agency or the police agency's designee may have the towing agency take the vehicle into custody.

(5) A police agency that has received a vehicle taken into custody as abandoned shall do all of the following:

(a) Recheck to determine if the vehicle has been reported stolen.

(b) Within Not later than 24 hours after the vehicle is taken into custody, enter the vehicle as abandoned into the law enforcement information network, and notify the secretary of state through the law enforcement information network that the vehicle has been taken into custody as abandoned. Each notification shall must contain the following information:

(i) The year, make, and vehicle identification number of the vehicle, if available.

(ii) The address or approximate location from which the vehicle was taken into custody.

(iii) The date on which the vehicle was taken into custody.

(iv) The date the vehicle is being entered into the law enforcement information network and whether the information is being entered within not later than 24 hours after the vehicle was taken into custody.

(v) The name and address of the police agency that had the vehicle taken into custody.

(vi) The name and business address of the custodian of the vehicle.

(vii) The name of the court that has jurisdiction over the case.

(c) Within 7 Not later than 3 days after receiving notice under subdivision (b) that the vehicle has been taken into custody, the secretary of state shall do both of the following:

(i) Send to the last titled owner and secured party, as shown by the records of the secretary of state as described in section 221 or 237, by first-class mail or personal service, notice that the vehicle is considered abandoned. The form for the notice shall must be furnished by the secretary of state . Each notice form shall and must contain all of the following information:

(A) The year, make, and vehicle identification number of the vehicle if available.

(B) The address or approximate location from which the vehicle was taken into custody.

(C) The date on which the vehicle was taken into custody.

(D) The name and address of the police agency that had the vehicle taken into custody.

(E) The name and business address of the custodian of the vehicle.

(F) The procedure to redeem the vehicle.

(G) The procedure to contest the fact that the vehicle is considered abandoned or the reasonableness of the towing fees and daily storage fees.

(H) A form petition that the owner may file in person or by mail with the specified court that requests a hearing on the police agency's action.

(I) A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.

(ii) Enter the information described in subparagraph (i) on a website maintained by the department for public use in locating to locate vehicles that are removed under this section as abandoned. The department shall maintain the data on the website for 1 year or until the vehicle is disposed of under this act, whichever occurs first.

(6) The owner may contest the fact that the vehicle is considered abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing and posting a bond equal to $40.00 plus the amount of the accrued towing and storage fees. A request for a hearing shall be is made by filing a petition with the court specified in the notice described in subsection (5)(c) within not later than 20 days after the date of the notice. Subject to subsection (8), if the owner requests a hearing, the matter shall be is resolved after a hearing conducted under sections 252e and 252f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to the $40.00 plus the accrued towing and storage fees with the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying a fee of $40.00 to the court and the accrued towing and storage fees instead of posting the towing and storage bond.

(7) Subject to subsection (9), if the owner does not request a hearing under subsection (6), he or she the owner may obtain the release of the vehicle by paying a fee of $40.00 and the accrued towing and storage fees to the custodian of the vehicle. The custodian of the vehicle shall forward $25.00 of the fee to the secretary of state within not later than 30 days after receipt in a manner prescribed by the secretary of state, who shall deposit the fee into the abandoned vehicle fund created in section 252h.

(8) The secured party may contest the reasonableness of the towing fees and daily storage fees and request a hearing in the same manner and subject to the same requirements as the owner of the vehicle under subsection (6). If both the owner and the secured party request a hearing to contest the reasonableness of the towing fees and daily storage fees within not later than 20 days after the date of the notice, the court shall dismiss the secured party's petition and proceed with the owner's petition as provided in subsection (6), unless the owner is in default on a contract or agreement with the secured party regarding that vehicle. If the owner is in default on a contract or agreement with the secured party regarding that vehicle, the court shall dismiss the owner's petition and proceed with the secured party's petition in the same manner as provided in subsection (6). If the secured party redeems the vehicle, the owner may only seek damages related to the reasonableness of the towing fees and daily storage fees from the secured party. If the court finds, after a hearing on the reasonableness of the towing fees and daily storage fees, that the owner's or the secured party's challenge was frivolous, the court may award reasonable attorney fees to the custodian of the vehicle.

(9) If the owner does not redeem the vehicle or request a hearing within 10 days after the date of the notice described in subsection (5)(c), the secured party may obtain the release of the vehicle by paying a $40.00 fee plus the accrued charges to the custodian of the vehicle. The custodian of the vehicle shall forward $25.00 of the fee to the secretary of state, who shall deposit the fee into the abandoned vehicle fund created in section 252h.

(10) If a vehicle has remained on private property without the consent of the property owner, the owner of the private property may have the vehicle taken into custody as an abandoned vehicle by in accordance with 1 of the following, as applicable:

(a) If the vehicle is removed from a private tow-away zone, section 252k.

(b) If the vehicle is located on real property that is appurtenant to and obviously part of a single- or dual-family residence, by contacting a local towing agency. A local towing agency is considered As used in this subdivision, "local towing agency" means a towing agency whose storage lot is located within not more than 15 miles from the border of the local unit of government having jurisdiction over the abandoned vehicle.

(11) Before a towing agency may remove a vehicle from private property, the towing agency shall do all of the following:

(a) Make a reasonable effort to take as many photographs as necessary to show that the vehicle is parked on private property in violation of section 252k or 252l.

(b) Record the time and date when a photograph under subdivision (a) was taken.

(c) Maintain the photograph and record under subdivisions (a) and (b) in electronic or printed form, for the earlier of the following dates:

(i) Not less than 30 days after the date on which the vehicle is recovered by the owner or lienholder.

(ii) Not less than 2 years after the date on which the vehicle was towed.

(12) (11) Before removing the vehicle from private property, the towing agency shall provide notice by telephone, or otherwise, to a police agency having jurisdiction over the vehicle that the vehicle is being removed. Within Not later than 24 hours after receipt of the notice from the towing agency, the police agency shall determine if the vehicle has been reported stolen and enter the vehicle into the law enforcement information network as an abandoned vehicle. Verification by the police agency of compliance with this section is not necessary and is not a predicate to the entrance of the vehicle into the law enforcement information network.

(13) (12) Within Not later than 24 hours after taking the notice of the removal of an abandoned vehicle, into custody, the police agency shall notify the secretary of state through the law enforcement information network that the vehicle has been taken into custody as abandoned. Each notification shall must contain the following information:

(a) The year, make, and vehicle identification number of the vehicle if available.

(b) The address or approximate location from which the vehicle was taken into custody.

(c) The date on which the vehicle was taken into custody.

(d) The date the vehicle is being entered into the law enforcement information network and whether the information is being entered within not later than 24 hours after the vehicle was taken into custody.

(e) The name and address of the police agency that had the vehicle taken into custody.

(f) The name and business address of the custodian of the vehicle.

(g) The name of the court that has jurisdiction over the case.

(14) (13) Within 7 Not later than 3 business days after being notified under subsection (12), (13), the secretary of state shall do both of the following:

(a) Send to the owner and secured party, as shown by the records of the secretary of state, by first-class mail or personal service, notice that the vehicle is considered abandoned. The form for the notice shall must be furnished by the secretary of state. Each notice form shall must contain the following information:

(i) The year, make, and vehicle identification number of the vehicle if available.

(ii) The location from which the vehicle was taken into custody.

(iii) The date on which the vehicle was taken into custody.

(iv) The name of the towing agency that had the vehicle taken into custody.

(v) The business address of the custodian of the vehicle.

(vi) The procedure to redeem the vehicle.

(vii) The procedure to contest the fact that the vehicle is considered abandoned or the reasonableness of the towing fees and daily storage fees.

(viii) A form petition that the owner may file in person or by mail with the specified court that requests a hearing on the custodian's action.

(ix) A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.

(b) Enter the information described in subdivision (a) on a website maintained by the department for public use in locating vehicles that are removed under this section as abandoned.

(15) (14) The owner may contest the fact that the vehicle is abandoned or, unless the towing fees and daily storage fees are established by contract with the local governmental unit or local law enforcement agency and comply with section 252i, the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be is made by filing a petition with the court specified in the notice within not later than 20 days after the date of the notice. Subject to subsection (16), (17), if the owner requests a hearing, the matter shall be is resolved after a hearing conducted under section 252f. An owner who requests a hearing may obtain release of the vehicle by posting with the court a towing and storage bond in an amount equal to $40.00 plus the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying a fee of $40.00 to the court plus the towing and storage fees instead of posting the towing and storage bond. An owner requesting a hearing but not taking possession of the vehicle shall post with the court a towing and storage bond in an amount equal to $40.00 plus the accrued towing and storage fees.

(16) (15) Subject to subsection (17), (18), if the owner does not request a hearing, he or she the owner may obtain the release of the vehicle by paying a fee of $40.00 plus the accrued charges to the custodian of the vehicle. The custodian shall forward $25.00 of the fee collected under this subsection to the secretary of state within not later than 30 days after receipt in a manner prescribed by the secretary of state, who shall deposit the fee into the abandoned vehicle fund created in section 252h. If the release is obtained during business hours for a vehicle that was towed or removed under this section, the vehicle must be released to the owner not later than 30 minutes after the release is obtained. The vehicle's owner has the right to inspect the vehicle before accepting the vehicle's return. A vehicle owner must not be required to provide a waiver that would release the towing agency from liability for damages incurred during the towing and storage as a condition of the release of the vehicle. A detailed, signed receipt with the legal name of the towing agency must be given to the person that pays the towing or storage charges at the time of payment. This subsection does not apply to authorized emergency vehicles or property owned by a governmental entity. A towing agency shall accept payment for accrued towing or storage charges by any debit card, major credit card, certified check, or cash.

(17) (16) The secured party may contest the reasonableness of the towing fees and daily storage fees and request a hearing in the same manner and subject to the same requirements as the owner under subsection (14). (15). If both the owner and the secured party request a hearing to contest the reasonableness of the towing fees and daily storage fees within not later than 20 days after the date of the notice, the court shall dismiss the secured party's petition and proceed with the owner's petition as provided in subsection (14), (15), unless the owner is in default on a contract or agreement with the secured party regarding that vehicle. If the owner is in default on a contract or agreement with the secured party regarding that vehicle, the court shall dismiss the owner's petition and proceed with the secured party's petition in the same manner as provided in subsection (14). (15). If the secured party redeems the vehicle, the owner may only seek damages related to the reasonableness of the towing fees and daily storage fees from the secured party. If the court finds, after a hearing on the reasonableness of the towing fees and daily storage fees, that the owner's or the secured party's challenge was frivolous, the court shall award to the custodian costs, including reasonable attorney fees, against the owner or secured party.

(18) (17) If the owner does not redeem the vehicle or request a hearing within 10 days after the date of the notice, the secured party may obtain the release of the vehicle by paying a fee of $40.00 and the accrued towing and storage fees to the custodian of the vehicle. The custodian shall forward $25.00 of the fee collected under this subsection to the secretary of state within not later than 30 days after receipt in a manner prescribed by the secretary of state, who shall deposit the fee into the abandoned vehicle fund created in section 252h.

(19) (18) Not less than 20 days after the disposition of the hearing described in subsection (6) or, if a hearing is not requested, not less than 20 days after the date of the notice, the police agency if the abandoned vehicle is found on public property, or the custodian of the vehicle if the vehicle is found on private property, shall offer the vehicle for sale at a public sale under section 252g.

(20) (19) The custodian of a vehicle described in this section shall allow the owner of the vehicle or a secured party to inspect the vehicle during regular business hours at the location where the vehicle is being held. The custodian of the vehicle may charge the secured party a fee of not more than $75.00 to inspect the vehicle or, if the actual cost necessary to allow the inspection is greater than $75.00, the actual cost necessary to allow the inspection. If the custodian of the vehicle charges the secured party more than $75.00 as provided in this subsection, the custodian shall provide the secured party with an itemized invoice for the actual costs assessed. The custodian of the vehicle shall allow the owner of the vehicle to inspect the vehicle and retrieve personal property from the vehicle without paying a fee. for the first visit. After the first visit by the owner to inspect the vehicle or retrieve personal property from the vehicle as provided in this subsection, the custodian may charge the owner of the vehicle a fee of not more than $25.00 for each subsequent visit.

(21) (20) If the ownership of a vehicle that is considered abandoned under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state as described in section 221 or 237 does not reveal ownership, the police agency may sell the vehicle at public sale as provided in section 252g not less than 30 days after public notice of the sale has been published.

(22) (21) The secretary of state shall release a vehicle for disposition under section 252b or 252g within not later than 45 days after the vehicle is entered into the law enforcement information network as an abandoned vehicle.

(23) If a towing agency tows or removes a vehicle and intends to require the owner, operator, or person in control of the vehicle to pay a towing and storage fee to redeem the vehicle, the towing agency shall file and keep on record with the department of state police and any county police and local police agency in the towing agency's applicable service area a copy of the current fees charged for towing and storage services. The towing agency shall post at each vehicle storage site another copy of the towing and storage fee schedule and any written contracts with a property owner, lessor, or person in control of property that authorize the towing agency to remove a vehicle under this section. The towing and storage fees must not exceed the charges established under section 252i.

Sec. 252d. (1) A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the last titled owner of the vehicle in any of the following circumstances:

(a) If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.

(b) If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.

(c) If a vehicle is parked in a posted tow away tow-away zone on public property or in a private tow-away zone that meets the requirements of section 252k.

(d) If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.

(e) If the vehicle must be seized to preserve evidence of a crime, or if there is reasonable cause to believe that the vehicle was used in the commission of a crime.

(f) If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or man-made disaster, or other emergency.

(g) If On the express or written instructions of the owner or person in charge of private property, if the vehicle is hampering hampers the use of the private property by the owner or person in charge of that private property or is parked in a manner that impedes the movement of another vehicle.

(h) If the vehicle is stopped, standing, or parked in a space designated as parking for persons with disabilities and is not permitted by law to be stopped, standing, or parked in a space designated as parking for persons with disabilities.

(i) If the vehicle is located in a clearly identified access aisle or access lane immediately adjacent to a space designated as parking for persons with disabilities.

(j) If the vehicle is interfering with the use of a ramp or a curb-cut by persons with disabilities.

(k) If Subject to chapter IIA of this act, if the vehicle has been involved in a traffic crash and cannot be safely operated from the scene of the crash.

(2) Unless the vehicle is ordered to be towed by a police agency or a governmental agency designated by a police agency Except for a vehicle removed under subsection (1)(a), (d), (e), or (k), if the owner or other person that is legally entitled to possess a vehicle to be towed or removed arrives at the location where the vehicle is located before the actual towing or removal of the vehicle, the vehicle must be disconnected from the tow truck, and the owner or other person that is legally entitled to possess the vehicle may take possession of the vehicle and remove it without interference as follows:

(a) If the vehicle is fully connected and ready to be towed or removed, upon the payment of the reasonable service fee. , for which The fee may not exceed more than 1/2 of the maximum towing fee under section 252i, and a receipt must be provided.

(b) If the vehicle is not fully connected and ready to be towed or removed, the tow truck operator shall release the vehicle without charging a fee.

(3) A police agency that authorizes the removal of a vehicle under subsection (1) shall do all of the following:

(a) Check to determine if the vehicle has been reported stolen before authorizing the removal of the vehicle.

(b) Enter the vehicle into the law enforcement information network as an impounded vehicle within not later than 24 hours after ordering the impound of the vehicle. Except as provided in subsection (5), if the vehicle has is not been redeemed by the owner within 7 days after the impound, the towing agency shall notify the police agency of that fact and the police agency shall deem the vehicle abandoned. The police agency shall enter the vehicle into the law enforcement information network as abandoned within not later than 24 hours of after notification by the towing agency, and follow the procedures set forth in section 252a.

(4) If an impounded vehicle is released before the police agency enters the vehicle into the law enforcement information network as abandoned, the towing agency or custodian shall notify the police agency that authorized the removal within not later than 24 hours of after releasing the impounded vehicle.

(5) A vehicle impounded under subsection (1)(d), (e), or (k) must first be released by the police agency that authorized the removal prior to the towing agency or custodian releasing the vehicle to the vehicle owner.

(6) Not less than 20 days but not more than 30 days after a vehicle has been released under subsection (5), the towing agency or custodian shall notify the police agency to enter the vehicle as abandoned and the police agency shall enter the vehicle into the law enforcement information network as abandoned within not later than 24 hours of after receiving notice and follow the procedures set forth in section 252a if the impounded vehicle has not been redeemed.

(7) The towing agency that tows a vehicle may enter a vehicle for the purpose of removal. The towing agency that enters a vehicle is liable for any damage to the vehicle or property in the vehicle if the entry was not done in accordance with the standards of reasonable care.

Sec. 252e. (1) The following courts have jurisdiction to determine if a police agency, towing agency or custodian, or private property owner has acted properly in reporting or processing a vehicle under section 252a, 252b(6) to (11), or 252d:

(a) The district District court.

(b) A municipal Municipal court.

(c) If the alleged conduct includes a violation of the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, circuit court.

(2) The court specified in the notice prescribed in section 252a(5)(b) or 252b(7) or as provided in section 252d(3)(b) is the court that has territorial jurisdiction at the location from where the vehicle was removed, impounded, or considered abandoned. Venue in the district court is governed by section 8312 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8312. Venue in the circuit court is determined under section 1621 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1621.

(3) If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under section 252a, 252b, or 252d must be used to pay the towing and storage fees.

(4) The remedies under sections 252 to 254 are the exclusive remedies for the disposition of abandoned vehicles.

Sec. 252f. (1) Upon the filing of a petition in district court or municipal court as prescribed in section 252a, 252b, or 252d, signed by the owner of the vehicle that has been taken into custody, or, upon the filing of a petition in district court or municipal court as prescribed in section 252a signed by the secured party regarding a vehicle that has been taken into custody, the court shall do both of the following:

(a) Schedule a hearing within 30 days for the purpose of determining whether the police agency, towing agency or custodian, or private property owner acted properly.

(b) Notify the owner or the secured party, as applicable, towing agency or custodian, and police agency or if the vehicle was removed from private property, notify the private property owner also of the time and place of the hearing.

(2) At the hearing specified in scheduled under subsection (1), the police agency, towing agency or custodian, or, if the vehicle was removed from private property, the private property owner shall have has the burden of showing by a preponderance of the evidence that it has complied with the requirements of this act in reporting or processing the abandoned vehicle or vehicle removed under section 252d.

(3) After the hearing, the court shall make a decision that includes 1 or more of the following:

(a) A finding that the police agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 252a, 252b, or 252d, and an order providing a period of 10 days after the decision for the owner or the secured party, if applicable, to redeem the vehicle. If the owner or the secured party does not redeem the vehicle within 10 days, the police agency shall dispose of the vehicle under section 252b or 252g. The court shall forward $25.00 of the fee collected under section 252b or 252g to the secretary of state within not later than 30 days after the court's decision in a manner prescribed by the secretary of state. The towing and storage fees and $15.00 of the fee collected under section 252b or 252g shall must be forwarded to the towing agency.

(b) A finding that the police agency did not enter the vehicle as abandoned into the law enforcement information network within 24 hours after the vehicle was taken into custody as required by section 252a(5)(b) or (12). (13). After making the finding, the court shall issue an order directing that the vehicle immediately be released to the owner or the secured party, if applicable, and directing 1 of the following:

(i) That the police agency reimburse the owner or the secured party, if applicable, for the storage charges accrued before the police agency entered the vehicle into the law enforcement information network as required by section 252a(5)(b) or (12) (13) if the owner or the secured party paid the accrued storage charges.

(ii) If the owner or the secured party has not paid the accrued storage charges but has posted a fee or bond with the court, that the police agency shall pay directly to the owner or secured party the amount of the storage charges accrued before the police agency entered the vehicle into the law enforcement information network as required by section 252a(5)(b) or 252a(12) (13) plus interest no later than 10 days after the date of the order. The court shall release the bond posted by the owner or secured party in full to the custodian after the court has received notice from the police agency that the police agency has issued the payment required by this subparagraph to the owner or secured party.

(c) A finding that the police agency improperly determined that the vehicle was abandoned. After making the finding, the court shall issue an order directing that all of the following, as applicable:

(i) That the vehicle be immediately released to the owner. and directing the

(ii) That the custodian to reimburse the owner for the accrued towing and storage charges, if the owner paid the accrued towing and storage charges. The court shall order the

(iii) That the police agency to reimburse the custodian for accrued towing and storage charges paid to the owner under this subdivision.

(iv) If the owner has not paid the accrued towing and storage charges, the court shall order that the police agency to pay the accrued towing and storage charges. The court shall also order the

(v) That the police agency to pay any other fees associated with recovering the vehicle, or to reimburse the owner for any other fees associated with recovering the vehicle paid by the owner. The court shall also order any

(vi) That any fee or bond posted by the owner to be returned to the owner.

(vii) That the police agency reimburse the owner for actual damages as a result of the removal, transportation, and storage of the vehicle, attorney fees, and court costs to file the petition under this section.

(d) A finding that the towing fees and daily storage fees were reasonable.

(e) A finding that the towing fees and daily storage fees were unreasonable and issue an order directing the towing agency or custodian of the vehicle to provide the last titled owner of the vehicle or the secured party, if applicable, with an appropriate reduction or refund.

(f) A finding that the owner of the real property complied with the provisions of section 252k or 252l.

(g) A finding that the owner of the real property did not comply with the provisions of section 252k or 252l, and issue an order requiring the owner of the real property to reimburse the last titled owner of the vehicle or the secured party, if applicable, for the accrued towing and storage charges, any damages resulting from the removal, transportation, and storage of the vehicle, attorney fees, and court costs to file the petition under this section.

(h) A finding that the towing agency did not comply with the procedures established for the proper removal and reporting of an abandoned vehicle removed under section 252a(11), 252a(12), 252b, or 252d. After making the finding, the court shall issue an order directing that the vehicle immediately be released to the owner or the secured party, if applicable, and directing 1 of the following:

(i) That the towing agency reimburse the owner or the secured party, if applicable, for the storage charges accrued before the police agency entered the vehicle into the law enforcement information network as required by section 252a(5)(b) or (12), (13), if the owner or the secured party paid the accrued storage charges, for any damages resulting from the removal, transportation, and storage of the vehicle, attorney fees, and court costs to file the petition under this section.

(ii) If the owner or the secured party, if applicable, has not paid the accrued towing and storage charges but has posted a fee or bond with the court, that the bond and storage charges accrued before the police agency entered the vehicle into the law enforcement information network as required by section 252a(5)(b) or (12) (13) be returned to the owner or the secured party, and that the remainder of any fee posted with the court be paid to the custodian.

(i) A finding that the towing agency did comply with the procedures established for the proper removal and reporting of an abandoned vehicle removed under section 252a(11), 252a(12), 252b, or 252d.

(4) A hearing in district court under this section shall must be conducted by a district court magistrate, if a district court magistrate has been appointed by the court. The appeal of a district court magistrate's decision under this section shall must be heard by a judge of the district court.

(5) This section does not apply to actions under section 252e(1)(c) except to the extent that the owner or secured party, if applicable, is entitled to the remedies in this section in addition to any remedies available for violations of the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, and any additional remedies that may be available to the owner or secured party under the laws of this state.

Sec. 252g. (1) Subject to section 252a(18), 252a(19), a public sale for a vehicle and its contents that has been determined to be abandoned under section 252a or removed under section 252d shall and the vehicle's contents must be conducted in the following manner:as follows:

(a) It shall must be under the control of the police agency. However, a police agency may designate the custodian of the vehicle or a third party to conduct the auction.

(b) It shall must be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bids are received, the person submitting the bid shall receive a receipt for the bid from the police agency or the agency's designee or, if the vehicle is being sold under section 252a(18), 252a(19), the custodian of the vehicle.

(c) Except as otherwise provided in sections 252a(18) 252a(19) and (19) (20) and 252b(7), it shall be held not less than 5 days after public notice of the sale has been published.

(d) Except as otherwise provided in this subdivision, the public notice shall must be published at least once in a newspaper having a general circulation within the county in which the vehicle was abandoned. The public notice shall must give a description of the vehicle for sale and shall state the time, date, and location of the sale. The requirements of this subdivision may be satisfied by publishing a notice of the public auction once in a newspaper having a general circulation within the county in which the auction is to occur, if the notice states that the auction is an abandoned vehicle auction, lists the date, time, and location of the auction, and provides a website address where a complete description of each vehicle to be auctioned appears for not less than 5 consecutive days before the date of the auction. As used in this subdivision, "complete description" means a description of the vehicle's model year, manufacturer make, model name, and vehicle identification number.

(2) The money received from the public sale of the vehicle shall must be applied in the following order of priority:

(a) Accrued towing and storage charges. However, if the money received from the public sale does not satisfy the accrued towing and storage charges, the towing company may collect the balance of those unpaid fees from the last titled owner, subject to section 252i.

(b) Expenses incurred by the police agency or the custodian of the vehicle.

(c) Payment of the $40.00 abandoned vehicle fee described in section 252f(3)(a).

(d) Any extra money shall must be sent to the department of treasury's unclaimed property division to be disbursed as follows:

(i) To the secured party, if any, in the amount of the debt outstanding on the vehicle.

(ii) Remainder to the owner. A reasonable attempt shall must be made to mail the remainder to the last titled owner. If delivery of the remainder cannot be accomplished, the remainder shall become becomes the property of the unit of government governing the location from which the vehicle was towed.

(3) If there are no bidders on the vehicle, the police agency or the custodian of the vehicle may do 1 of the following:

(a) Turn the vehicle over to the towing firm or the custodian of the vehicle to satisfy charges against the vehicle. However, if the value of the vehicle does not satisfy the towing fees and accrued daily storage fees, the custodian of the vehicle may collect the balance of those unpaid fees from the last titled owner, subject to section 252i.

(b) Obtain title to the vehicle for the police agency or the unit of government the police agency represents, by doing the following:

(i) Paying the towing and storage charges.

(ii) Applying for title to the vehicle.

(c) Hold another public sale under subsection (1).

(4) A person who that acquires the ownership of a vehicle under subsection (1) or (3) that has been designated as a distressed vehicle shall apply for a salvage certificate of title within not later than 15 days after obtaining the vehicle.

(5) Upon disposition of the vehicle, the police agency or towing agency or custodian shall provide the secretary of state and the police agency, if that police agency did not conduct the sale, with the vehicle's disposition and the name of the agency that disposed of it and the police agency shall cancel the entry in the law enforcement information network.

(6) Not less than 25 days after the date of notice required under section 252a, if the police agency does not provide a copy of the bill of sale by the police agency for the abandoned vehicle to the towing agency or custodian or police agency's designee, the towing agency or custodian or police agency designee may obtain an original of the bill of sale by submitting an application to the secretary of state in a form as determined by the secretary of state.

Sec. 252k. (1) Except as provided in this section and section 252l, an owner or lessor of private property may not establish a private tow-away zone.

(2) Except as otherwise provided in section 252l, an owner or lessor of private real property shall post a notice that meets all of the following requirements before authorizing the towing or removal of a vehicle from the real property without the consent of the owner or other person who that is legally entitled to possess the vehicle:

(a) The notice shall must be prominently displayed at each point of entry for vehicular access to the real property. If the real property lacks curbs or access barriers, not less than 1 notice shall must be posted for each 100 feet of road frontage.

(b) The notice, that must be at least 18 inches by 24 inches in total size, clearly indicates in letters not less than 2 inches high on a contrasting background that unauthorized vehicles will be towed away at the owner's expense. If the property is a residential property, the owner of the private property may include on the notice a statement that only a tenant or guest may park on the real property, subject to the terms of the property owner. If the property is a commercial property, the owner of the private property may include on the notice a statement that only a customer may park on the real property. In all cases, if it is not clear which persons may park on the real property, the owner of the private property shall include on the notice the address of the property or the name of the business to which the notice applies.

(c) The notice provides the name and telephone number of the towing service agency responsible for towing or removing vehicles a vehicle towed or removed from that property.

(d) The notice is permanently installed with the bottom of the notice located not less than 4 feet from the ground and is continuously maintained on the property for not less than 24 hours before a vehicle is towed or removed.

(e) If the parking restrictions are not enforceable at all times, the notice states the times that the parking restrictions are enforced.

(f) The notice has a statement that the failure to recover a towed vehicle may result in a determination that the vehicle is abandoned.

(3) In order to comply with the notice requirements under subsection (2), the owner of a private property may modify an existing sign by affixing to the existing sign stickers or an addendum in lieu of replacing the sign.

(4) A towing agency shall ensure that a vehicle towed under this section is taken to a location where the vehicle may be recovered and that complies with all of the following:

(a) Unless it is not practicable, is located not more than 25 linear miles from the location of the private tow-away zone.

(b) Is well-lit.

(c) Is on or a reasonable distance from a regularly scheduled route of 1 or more modes of public transportation, if any public transportation is available in the municipality in which the private tow-away zone is located.

(5) If a vehicle is parked on private property that is a private tow-away zone without the consent of the owner of the private property or in violation of any posted parking condition or regulation, the owner of the private property may have the vehicle removed by a towing agency. The vehicle owner and the operator of the vehicle parked in violation of this subsection are considered to have consented to the removal and storage of the vehicle, to the payment of the applicable fees established under section 252i, and to the determination that a vehicle is abandoned pursuant to section 252a. The owner or secured party of a vehicle that has been removed under this section may recover the vehicle in accordance with section 252a.

(6) If the owner or other person that is legally entitled to possess a vehicle to be towed or removed under this section arrives at the location where the vehicle is located before the actual towing or removal of the vehicle, the vehicle must be disconnected from the tow truck, and the owner or other person that is legally entitled to possess the vehicle may take possession of the vehicle and remove it without interference as follows:

(a) If the vehicle is fully connected and ready to be towed or removed, upon the payment of the reasonable service fee. The fee may not exceed more than 1/2 of the maximum towing fee under section 252i, and a receipt must be provided.

(b) If the vehicle is not fully connected and ready to be towed or removed, the tow truck operator shall release the vehicle without charging a fee.

(7) If a municipality requires towing agency vehicles and operators to be licensed, no owner of a private property located in the municipality shall cause the removal and storage of any vehicle under this section by an unlicensed tow truck or unlicensed tow truck operator.

(8) A vehicle must not be removed from private property except on the written instruction of the owner or a person in control of the private property.

(9) A towing agency shall not remove a vehicle from a private tow-away zone except pursuant to a written contract entered into with the owner of the private property on which the private tow-away zone is located.

(10) The person or towing agency towing a vehicle may enter a vehicle for the purpose of removal. The person or towing agency that enters a vehicle is liable for any damage to the vehicle or property in the vehicle if the entry was not done in accordance with the standards of reasonable care.

Sec. 252l. Section 252k 252k(1), (2), (5), and (9) does not apply to any of the following:

(a) Real property that is appurtenant to and obviously part of a single- or dual-family residence.

(b) An instance when When notice is personally given to the owner or other legally entitled person in control of a vehicle that the area where the vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and that the vehicle is subject to towing or removal from the private real property without the consent of the owner or other legally entitled person in control of the vehicle.

(c) A vehicle removed from private property under section 252d.

Sec. 252n. (1) A vehicle storage facility shall remain open during both of the following periods of time to allow a vehicle owner or secured party to retrieve a vehicle towed under this chapter that is in the possession of the storage facility:

(a) If a towing agency is towing a vehicle and the vehicle will be held by the storage facility.

(b) Between 9 a.m. and 12 noon on the day after any day during which the storage facility accepted a towed vehicle for storage.

(2) A storage facility that accepts a towed vehicle for storage under this chapter shall ensure that a notice is conspicuously posted at the entrance to the storage facility that states the telephone number that the owner or secured party of a vehicle may use when the storage facility is closed to contact the owner or representative of the storage facility to determine whether the person may retrieve a vehicle or personal items from a vehicle. The storage facility also shall provide that telephone number to the local police agency. The storage facility shall ensure that a process is in place to answer the calls at all times day or night.

(3) If a storage facility receives a call from the owner or secured party of a vehicle to recover a vehicle when the storage facility is closed, the storage facility shall ensure, not later than 3 hours of receiving the phone call, that a representative of the storage facility is available to release the vehicle and accept payment of all fees including an after-hours vehicle retrieval fee established under section 252i.

(4) If a storage facility receives a call to recover personal items from a vehicle when the storage facility is closed, the storage facility shall notify the individual that an after-hours retrieval fee applies and shall state the amount of the fee as established under section 252i. The storage facility may not charge an after-hours retrieval fee unless notice of the fee is provided. If the individual recovers personal items after receiving the notice, the storage facility may charge the after-hours retrieval fee.

(5) This section also applies to a towing agency that maintains a vehicle storage facility.

Sec. 252o. (1) A towing agency that tows vehicles from private property or provides nonconsensual towing services under this chapter shall not do either of the following:

(a) Give a person a benefit or advantage, including, but not limited to, a pecuniary benefit, for information provided about a vehicle parked on private property for an unauthorized purpose or at a time when parking is not permitted.

(b) Except upon a specific request to tow a vehicle by the owner or person in control of private property under this chapter, monitor, patrol, or surveil private property to identify a vehicle parked for an unauthorized purpose and tow a motor vehicle parked for an unauthorized purpose from such private property.

(2) In addition to any other penalty or remedy under this act or the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, a towing agency that violates subsection (1) or section 252a(12) or (16), 252d(2), 252i, or 252k(6), (8), or (9) is responsible for a civil infraction or guilty of a misdemeanor punishable as follows:

(a) For a first violation, the individual is responsible for a civil infraction.

(b) For a violation that occurs after 1 or more prior judgments, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, or both.

CHAPTER IIA Damaged or Disabled VEHICLE TOWING AND STORAGE

Sec. 270. (1) A towing agency must annually register and maintain a valid and current towing agency license issued by the department of licensing and regulatory affairs.

(2) The department of licensing and regulatory affairs shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, necessary to issue, reject, suspend, and revoke a towing agency's license and to implement this chapter.

(3) The department of licensing and regulatory affairs may, at any time during the term of the license, inquire into the licensee's management, conduct of the business, or otherwise to determine that the licensee is in compliance with this chapter and the rules promulgated under subsection (2).

Sec. 271. (1) A towing agency shall not commence the towing of a damaged or disabled vehicle without signed authorization from the vehicle owner or operator after the disclosures set forth in this section.

(2) Before towing a damaged or disabled vehicle, a towing agency shall give each vehicle owner or operator a written disclosure that provides all of the following:

(a) The business name of the towing agency, as registered with the department of licensing and regulatory affairs, and the business's address and telephone number.

(b) The address of the vehicle's storage location after the vehicle is towed.

(c) The cost of all relocation, storage, and other fees, without limitation, that the towing agency will charge for any provided services.

(d) A disclosure of the vehicle owner's or operator's rights must be approved in advance by the department of licensing and regulatory affairs and read substantially as follows:

"As a customer, you have the following rights under Michigan law:

1. This disclosure must be provided to you in writing before your vehicle is towed. It must include the business name and address, the address where the vehicle will be towed, and a reliable telephone number for the vehicle's location.

2. You must be told of the price of all services before towing.

3. Upon request, you must be provided with a final invoice itemizing all charges and any damage to the vehicle upon the vehicle's return to you.

4. Upon request, your vehicle must be returned during business hours after payment of all reasonable fees. If you request your vehicle be returned after normal business hours, you may be charged an after-hours retrieval fee.

5. You have the right to pay all charges in cash or by debit card, major credit card, or certified check.

6. Upon request, you must be provided with proof of the towing agency's insurance that insures against all of the risk to transport and store your vehicle.".

(3) The towing agency shall provide a copy of the disclosure required under subsection (2) to the vehicle owner or operator and shall maintain a copy of the disclosure as required under section 274.

(4) If the vehicle owner or operator is incapacitated, incompetent, or otherwise unable to knowingly accept receipt of the disclosure under subsection (2), the towing agency shall provide the disclosure to the local police agency and, if known, the vehicle owner's or operator's automobile insurance company.

(5) If the towing agency fails to comply with the requirements of this section, the towing agency shall be prohibited from seeking any compensation whatsoever from the vehicle owner or operator, including, but not limited to, any towing, storage, or other incidental fees. Furthermore, if the towing agency or operator fails to comply with the requirements of this section, any contracts entered into by the towing agency and the vehicle owner or operator shall be deemed null, void, and unenforceable.

Sec. 272. (1) Upon demand of the vehicle owner or operator, a towing agency shall provide a legible, itemized, final invoice that fairly and accurately documents the charges owed by the vehicle owner or operator for relocation of damaged or disabled vehicles. The written final invoice must accurately record all of the following:

(a) The formal business name of the towing agency, as registered with the department of licensing and regulatory affairs.

(b) The business address and telephone number.

(c) The date of the invoice.

(d) The odometer reading, if it can be obtained, of the vehicle at the time the final invoice was prepared.

(e) The name of the vehicle owner or operator.

(f) A description of the motor vehicle, including the motor vehicle identification number.

(g) A description of any modifications made to the vehicle by the towing agency.

(h) A description of any observable damage to the vehicle on the vehicle's initial receipt by the towing agency.

(i) A description of any observable damage to the vehicle at the time of the vehicle's release.

(j) An itemized list of any charges and the total charge presented to the vehicle's owner or operator.

(2) The towing agency shall retain a legible copy of the invoice under subsection (1) as required under section 274.

Sec. 273. (1) A towing agency that relocates or stores damaged or disabled vehicles shall post, in a prominent place on the business premises and readily visible to customers, 1 or more signs of the disclosures required under section 271(1).

(2) The first line of each sign under subsection (1) 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.

Sec. 274. (1) A towing agency shall maintain copies of both of the following:

(a) The disclosure provided to a vehicle's owner or operator under section 271.

(b) The invoice provided to a vehicle's owner or operator as required under section 272.

(2) The records under subsection (1) must be maintained for not less than 5 years from the date of the release of the vehicle. The records may be maintained in an electronic format or stored at another location.

(3) The records stored under this section must be available for inspection by the department of licensing and regulatory affairs not later than 3 business days after a request.

Sec. 275. A vehicle used in a commercial vehicle safety relocation service must have painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors that vividly contrast the color of the vehicle the name, address, and telephone number of the towing agency. A decal furnished for a towing vehicle by the Michigan public service commission under section 8 of the motor carrier act, 1933 PA 254, MCL 479.8, must be attached to a conspicuous location on the vehicle for which it was issued as directed by the commission. A towing agency vehicle must not be marked in a way that indicates the vehicle is a police-agency-authorized vehicle or associated with a municipality.

Sec. 276. A towing agency vehicle must carry a copy of the current license provided under section 270. The copy of the license may be a photograph, photocopy, or reproduction by another legible and durable process. If a person found responsible of not carrying or displaying a copy of the license shows at a hearing that the license was issued by the department of licensing and regulatory affairs but was subsequently lost or destroyed, the person may be excused from the payment of a fine.

Sec. 277. (1) A towing agency shall not do either of the following:

(a) Include in a contract for the relocation or storage of vehicles any clause that purports to waive or limit the towing agency's liability under this chapter.

(b) Require a vehicle's owner or operator to sign a document that purports to waive or limit the towing agency's liability under this chapter.

(2) A contract, release, or other document that purports to waive or limit the towing agency's liability to a vehicle's owner or operator under this chapter is null and void.

Sec. 278. (1) The department of licensing and regulatory affairs may request documentation from or investigate the business practices of a towing agency to determine compliance with this chapter.

(2) Except as otherwise provided, failure to comply with any section of this chapter, as determined by the department of licensing and regulatory affairs, shall subject a towing agency to the following penalties:

(a) For a first violation, suspension of license, a fine up to $1,000.00, or both.

(b) For a second violation, suspension of license and a fine up to $5,000.00, or revocation of license.

(c) For a third violation, revocation of license.

Sec. 279. In addition to any other penalty or remedy under this section or the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922, a towing agency that relocates or stores damaged or disabled vehicles that fails to comply with the following sections is responsible for a civil infraction or guilty of a misdemeanor punishable as follows:

(a) For a violation of section 270 or 271, 1 of the following as applicable:

(i) For a first violation, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, or both.

(ii) For a violation that occurs after 1 or more prior convictions, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $1,000.00, or both.

(b) For a violation of section 272, 273, 274, 277, or 280, 1 of the following, as applicable:

(i) For a first violation, the individual is responsible for a civil infraction.

(ii) For a violation that occurs after 1 or more prior judgments, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, or both.

Sec. 280. A towing agency shall accept payment for accrued towing or storage charges under this chapter by any debit card, major credit card, certified check, or cash.

Sec. 281. (1) A towing agency shall be insured for all of the following:

(a) All risks associated with the transportation of vehicles towed under this chapter.

(b) All areas where a vehicle towed under this chapter is impounded or stored, including, but not limited to, adequate coverage for loss by fire, theft, and other risks.

(2) Upon the demand of a vehicle's owner or operator, a towing agency shall promptly supply proof of the existence of the insurance under subsection (1).

(3) If the department of licensing and regulatory affairs finds that a towing agency has violated this section, the towing agency shall be fined not less than $100.00 or more than $500.00.

Sec. 282. The department of licensing and regulatory affairs shall use the fines and fees collected under this chapter for the costs of administration and enforcement of this chapter.

Sec. 283. (1) A police agency with a duty to remove vehicles from public or private property in accordance with section 252d shall maintain a tow rotation list of towing agencies that may remove damaged or disabled vehicles in accordance with section 252d. A towing agency operating in the jurisdiction of a police agency may submit an application in a form and manner prescribed by the police agency for inclusion on the police agency's tow rotation list. The police agency selects the towing agencies that are included on a tow rotation list. A complaint about a police agency's process for inclusion on a tow rotation list or the use of a tow rotation list must be referred in writing to the head of the police agency administering that tow rotation list. The head of the police agency makes the final determination on the towing agencies that are included on a tow rotation list and must not be held personally liable for the exclusion of a towing agency from a tow rotation list.

(2) If a police officer initiates a tow of a damaged or disabled vehicle, the police officer shall inform the police officer's agency or police dispatch center that a tow has been authorized. The police agency shall contact a towing agency from the police agency's tow rotation list that serves the geographical area where the tow was authorized, and shall contact the towing agency directly using a method provided on the application under subsection (1). Except as otherwise provided in this section, the towing agencies must be contacted in the order listed on the appropriate tow rotation list, at which point the towing agency shall be placed at the end of that tow rotation list. If a listed towing agency is not available, the next listed towing agency on that tow rotation list must be contacted.

(3) A police agency may deviate from the order listed on a tow rotation list if the towing agency next on that tow rotation list is, in the judgment of the authorizing officer or the police agency, incapable of or not properly equipped for a specific task related to the tow that requires special skills or equipment. A deviation from the order listed on the tow rotation list under this subdivision shall not cause the towing agency determined to be incapable or not properly equipped to handle the request to lose the next turn on the tow rotation list.

(4) In the event of an emergency, a police officer or agency, taking into account public safety and the location of the emergency, may deviate from the order of the tow rotation list and obtain towing services from any source deemed appropriate.

(5) Except as provided in subsection (6), a person shall not travel to the scene of a motor vehicle accident or a disabled vehicle located on public property, property open to the public, or a state trunk line highway and solicit business for a towing agency. A person that violates this subsection is responsible for a civil infraction and shall be ordered to pay a civil fine of $1,000.00.

(6) Subsection (5) shall not apply if either of the following conditions occurs:

(a) A police agency that has jurisdiction over the scene of the accident or disabled vehicle, or an individual involved in that accident or disabled vehicle, requests a towing agency to come to the scene, whether or not that towing agency is next on the police agency's tow rotation list.

(b) A towing agency that does not travel to the scene of a motor vehicle accident or disabled vehicle as described in subsection (1) for the purpose of soliciting business for a towing agency offers assistance to a stranded motorist without creating a nuisance or interfering with management of a motor vehicle accident by law enforcement.

(7) Subject to section 252d, a police agency at the scene of a vehicle that needs to be towed shall permit an owner or operator of a motor vehicle to request the towing agency of the owner's or operator's choice unless 1 or more of the following apply:

(a) The vehicle is involved in a suspected criminal activity, fatality, or law enforcement investigation.

(b) The vehicle is being impounded.

(c) If the vehicle is creating a road or safety hazard as determined by law enforcement at the scene, the requested towing agency is unavailable or cannot respond in a timely manner.

Sec. 284. A person that suffered from a towing agency's violation of this act may bring an action in any court that has jurisdiction to recover treble damages, costs of the action, and reasonable attorney fees.

Sec. 676c. (1) Except as provided in subsection (2), a person shall not travel to the scene of a motor vehicle accident or a disabled vehicle located on public property, property open to the public, or a state trunk line highway and solicit business for a wrecker, recovery, or towing service. agency. A person who violates this subsection is responsible for a civil infraction and shall be ordered to pay a civil fine of $1,000.00.

(2) Subsection (1) does not apply if any of the following conditions apply:

(a) A law enforcement agency having jurisdiction over the scene of the accident or disabled vehicle, or an individual involved in that accident or disabled vehicle, requests the owner or operator of a wrecker or towing service agency to come to the scene.

(b) A wrecker, recovery truck, or tow truck operator, who does not travel to the scene of a motor vehicle accident or disabled vehicle as described in subsection (1) for the purpose of soliciting business for a wrecker, recovery, or towing service, agency, offers assistance to a stranded motorist without creating a nuisance or interfering with management of a motor vehicle accident by law enforcement.

(3) Subject to section 252d, the law enforcement agency at the scene shall permit an owner or operator of a motor vehicle to request the towing, wrecker, or recovery service or roadside assistance service of his or her the owner or operator's choice unless the vehicle is involved in a suspected criminal activity, fatality, or law enforcement investigation, if the vehicle is being impounded, or if the requested preference wrecker service is unavailable or cannot respond within a timely manner and the vehicle is creating a road or safety hazard as determined by law enforcement at the scene.

Sec. 676d. (1) A local unit of government shall not require as a term of a contract with a wrecker, recovery, or towing service agency that the wrecker, recovery, or towing service agency pay a fee to that local unit of government for responding to the scene of an impound, accident, disabled vehicle, or abandoned vehicle and providing wrecker, recovery, or towing services.agency. A local unit of government shall not accept a payment, commission, or portion of wrecker, recovery, or towing service agency fees from a wrecker, recovery, or towing service agency in exchange for securing business for that wrecker, recovery, or towing service.agency.

(2) A wrecker, recovery, or towing service agency shall not offer to a local unit of government a payment, fee, or commission to induce the local unit of government to enter into a contract with or secure business for the wrecker, recovery, or towing service.agency.

(3) This section only applies to a contract between a local unit of government and a wrecker, recovery, or towing service agency that is entered into or renewed after January 7, 2015.

Sec. 907. (1) A violation of this act, or a local ordinance that substantially corresponds to a provision of this act, that is designated a civil infraction must not be considered a lesser included offense of a criminal offense.

(2) Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments but, unless permission is included in the order or judgment, the civil fine and costs must be payable immediately. Except as otherwise provided, a person found responsible or responsible "with explanation" for a civil infraction must pay costs as provided in subsection (4) and 1 or more of the following civil fines, as applicable:

(a) Except as otherwise provided, for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act, the person must be ordered to pay a civil fine of not more than $100.00.

(b) If the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, an individual, or any other object, the civil fine ordered under this section is increased by $25.00 but the total civil fine must not be more than $100.00.

(c) For a violation of section 240, the civil fine ordered under this section is $15.00.

(d) For a violation of section 283, the civil fine ordered under this section must not be more than $1,000.00.

(e) (d) For a violation of section 312a(4)(a), the civil fine ordered under this section must not be more than $250.00.

(f) (e) For a first violation of section 319f(1), the civil fine ordered under this section must not be less than $2,500.00 or more than $2,750.00; for a second or subsequent violation, the civil fine must not be less than $5,000.00 or more than $5,500.00.

(g) (f) For a violation of section 319g(1)(a), the civil fine ordered under this section must not be more than $10,000.00.

(h) (g) For a violation of section 319g(1)(g), the civil fine ordered under this section must not be less than $2,750.00 or more than $25,000.00.

(i) (h) For a violation of section 602b, the civil fine ordered under this section must be as follows:

(i) For a violation of section 602b(1), either of the following:

(A) If the violation does not involve an accident, $100.00 for a first offense and $250.00 for a second or subsequent offense.

(B) If the violation involves an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.

(ii) For a violation of section 602b(2), either of the following:

(A) If the violation does not involve an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.

(B) If the violation involves an accident, $400.00 for a first offense and $1,000.00 for a second or subsequent offense.

(j) (i) For a violation of section 674(1)(s) or a local ordinance that substantially corresponds to section 674(1)(s), the civil fine ordered under this section must not be less than $100.00 or more than $250.00.

(k) (j) For a violation of section 676a(3), the civil fine ordered under this section must not be more than $10.00.

(l) (k) For a violation of section 676c, the civil fine ordered under this section is $1,000.00.

(m) (l) For a violation of section 682 or a local ordinance that substantially corresponds to section 682, the civil fine ordered under this section must not be less than $100.00 or more than $500.00.

(n) (m) For a violation of section 710d, the civil fine ordered under this section must not be more than $10.00, subject to subsection (11).

(o) (n) For a violation of section 710e, the civil fine and court costs ordered under this subsection must be $25.00.

(3) Except as otherwise provided in this section, if an individual is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act while driving a commercial motor vehicle, the individual must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.

(4) If a civil fine is ordered under subsection (2) or (3), the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Costs must not be ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) must not be waived unless costs ordered under this subsection are waived. Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.

(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4) and the justice system assessment ordered under subsection (12), the judge or district court magistrate may order the individual to attend and complete a program of treatment, education, or rehabilitation.

(6) A district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.

(7) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.

(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation is not binding on the courts that have jurisdiction over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout this state.

(9) If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.

(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or a justice system assessment ordered under subsection (12), or an installment of the fine, costs, or assessment, may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(11) The Before the effective date of 2024 PA 22, the court may waive any civil fine, cost, or assessment against an individual who received a civil infraction citation for a violation of section 710d if the individual, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system that meets the requirements of section 710d. Beginning on the effective date of 2024 PA 22, the court may waive any civil fine, cost, or assessment against an individual who received a civil infraction citation for a violation of section 710d if the individual, before the appearance date on the citation, supplies the court with evidence of acquisition of a child seating system that meets the requirements of section 710d and evidence that the individual has received education from a certified child passenger safety technician.

(12) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. On payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is not a civil fine for purposes of section 909.

(13) If a person has received a citation for a violation of section 223, the court shall waive any civil fine, costs, and assessment on receipt of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of section 223 occurred.

(14) If a person has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance under section 328(2), the court may waive the fee described in section 328(3)(c) and shall waive any fine, costs, and any other fee or assessment otherwise authorized under this act on receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect when the violation of section 328(1) occurred. Insurance obtained after the violation occurred does not make the person eligible for a waiver under this subsection.

(15) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act and the civil infraction arises out of the ownership or operation of a commercial quadricycle, the person must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $500.00.

(16) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance that substantially corresponds to this act that involves the operation of a motor vehicle and for which a fine may be assessed.

Enacting section 1. Section 676c of the Michigan vehicle code, 1949 PA 300, MCL 257.676c, is repealed.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6063 (request no. 04264'23) of the 102nd Legislature is enacted into law.