SB-1188, As Passed Senate, October 17, 2012
June 14, 2012, Introduced by Senator HUNE and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 252d, 252g, and 252k (MCL 257.252d, 257.252g,
and 257.252k), as amended by 2008 PA 539.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 zone.
(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 the vehicle is hampering the use of private property by
the owner or person in charge of that property or is parked in a
manner
which 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 the vehicle has been involved in a traffic crash and
cannot be safely operated from the scene of the crash.
(2)
If the owner or other person who is legally entitled to
possess
the vehicle arrives at the location where a vehicle is
located
before the actual towing or removal of the vehicle, the
vehicle
shall be disconnected from the tow truck, and the owner or
other
person who is legally entitled to possess the vehicle may
take
possession of the vehicle and remove it without interference
upon
the payment of the reasonable service fee, for which a receipt
shall
be provided.
(2) (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
prior to authorizing the removal of the vehicle.
(b) Except for vehicles impounded under subsection (1)(d),
(e), or (k), a police agency shall enter the vehicle into the law
enforcement information network as abandoned not less than 7 days
after authorizing the removal and follow the procedures set forth
in section 252a.
(3) (4)
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.
(4) (5)
Not less than 20 days but not more
than 30 days after
a
vehicle has been released under subsection (4), (3), the
towing
agency or custodian shall notify the police agency to enter the
vehicle as abandoned and the police agency shall follow the
procedures set forth in section 252a if the impounded vehicle has
not been redeemed.
Sec. 252g. (1) Subject to section 252a(16), 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 be conducted
in the following manner:
(a) It shall 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 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(16), the custodian of the vehicle.
(c) Except as otherwise provided in sections 252a(16) and (17)
and 252b(7), it shall be held not less than 5 days after public
notice of the sale has been published.
(d) The public notice shall 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 give a
description of the vehicle for sale and shall state the time, date,
and location of the sale.
(2) The money received from the public sale of the vehicle
shall be applied in the following order of priority:
(a)
Towing 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 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 be made
to mail the remainder to the last titled owner. If delivery of the
remainder cannot be accomplished, the remainder shall become 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 acquires 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 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 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 is legally entitled to
possess the vehicle:
(a) The notice shall 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 be posted for each 100 feet of road frontage.
(b) The notice 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.
(c) The notice provides the name and telephone number of the
towing service responsible for towing or removing vehicles 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.
(2) Unless the vehicle is ordered to be towed by a police
agency or a governmental agency designated by a police agency under
section 252d, if the owner or other person who is legally entitled
to possess a vehicle to be towed or removed from private property
arrives at the location where the vehicle is located before the
actual towing or removal of the vehicle, the vehicle shall be
disconnected from the tow truck, and the owner or other person who
is legally entitled to possess the vehicle may take possession of
the vehicle and remove it without interference upon the payment of
the reasonable service fee, for which a receipt shall be provided.