HB-4839, As Passed House, April 10, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4839

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 11, 208c, 252a, 252d, 252e, 252f, 252g, 252k,

and 252l (MCL 257.11, 257.208c, 257.252a, 257.252d, 257.252e,

257.252f, 257.252g, 257.252k, and 257.252l), section 11 as amended

by 2003 PA 37, section 208c as amended by 2004 PA 362, sections

252a, 252d, 252e, and 252f as amended by 2004 PA 495, and section

252g as amended and sections 252k and 252l as added by 2004 PA 493.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 11. (1) Except as otherwise provided in this section,

"dealer" means a person who is 1 or more of the following:

(a) A person who in a 12-month period did 1 or more of the

following:

(i) Engaged in the business of purchasing, selling, exchanging,

brokering, leasing, or dealing in vehicles of a type required to be

titled under this act.

(ii) Engaged in the business of purchasing, selling,

exchanging, brokering, or dealing in salvageable parts of 5 or more

vehicles.

(iii) Engaged in the business of buying 5 or more vehicles to

sell vehicle parts or process into scrap metal.

(b) A person engaged in the actual remanufacturing of engines

or transmissions.

(2) There is a rebuttable presumption that a person who in a

12-month period buys and sells, exchanges, brokers, leases, or

deals in 5 or more vehicles, or buys and sells, exchanges, brokers,

or deals in salvageable parts for 5 or more vehicles, or buys 5 or

more vehicles to sell vehicle parts or to process into scrap metal

is engaged in a business of being a dealer as described in

subsection (1).

(3) Dealer does not include any of the following:

(a) A financial institution, as defined in section 10 of 1909

PA 99, MCL 129.40, or an entity wholly owned by 1 or more financial

institutions.

(b) A bank holding company.

and transmission salvageable vehicle parts or who receives in

exchange used engines or transmissions if the primary business of

the person is the selling of new vehicle parts and the person is

not engaged in any other activity that requires a dealer license

under this act.

(d) For purposes of dealer licensing, a person who negotiates

the lease of a vehicle of a type required to be titled under this

act for a lease term of less than 120 days.

(e) A person whose business is the financing of the purchase,

sale, or lease of vehicles of a type required to be titled under

this act and that is not otherwise engaged in activities of a

dealer as described in subsection (1).

(f) An employee or agent of a dealer acting in the scope of

his or her employment or agency.

(g) An insurer, as defined in section 106 of the insurance

code of 1956, 1956 PA 218, MCL 500.106.

(h) A person engaged in leasing vehicles solely for commercial

or other nonhousehold use.

(i) A lessor selling 1 or more off lease vehicles.

(j) A person who has received a vehicle under section

252g(3)(a) for the purpose of selling that vehicle to a dealer

licensed under this act.

Sec. 208c. (1) Except as provided in this section and in

section 232, personal information in a record maintained under this

act shall not be disclosed, unless the person requesting the

information furnishes proof of identity satisfactory to the

secretary of state and certifies that the personal information

requested will be used for a permissible purpose identified in this

section or in section 232. However, highly restricted personal

information shall be used and disclosed only as expressly permitted

in section 307 or as otherwise expressly provided by law.

(2) Personal information in a record maintained under this act

shall be disclosed by the secretary of state if required to carry

out the purposes of federal law or federal regulations.

(3) Personal information in a record maintained under this act

may be disclosed by the secretary of state as follows:

(a) For use by a federal, state, or local governmental agency,

including a court or law enforcement agency, in carrying out the

agency's functions, or by a private person or entity acting on

behalf of a governmental agency in carrying out the agency's

functions.

(b) For use in connection with matters of motor vehicle and

driver safety or auto theft; motor vehicle emissions; motor vehicle

product alterations, recalls, or advisories; performance monitoring

of motor vehicles; motor vehicle market research activities,

including survey research; and the removal of nonowner records from

the original records of motor vehicle manufacturers.

business, including the agents, employees, and contractors of the

business, but only to verify the accuracy of personal information

submitted by an individual to the business or its agents,

employees, or contractors, and if the information as so submitted

is no longer correct, to obtain the correct information, for the

sole purpose of preventing fraud by pursuing legal remedies

against, or recovering on a debt against, the individual.

(d) For use in connection with a civil, criminal,

administrative, or arbitration proceeding in a federal, state, or

local court or governmental agency or before a self-regulatory

body, including use for service of process, investigation in

anticipation of litigation, and the execution or enforcement of

judgments and orders, or pursuant to an order of a federal, state,

or local court, an administrative agency, or a self-regulatory

body.

(e) For use in legitimate research activities and in preparing

statistical reports for commercial, scholarly, or academic purposes

by a bona fide research organization, if the personal information

is not published, redisclosed, or used to contact individuals.

(f) For use by an insurer or insurance support organization,

or by a self-insured entity, or its agents, employees, or

contractors, in connection with claims investigating activity,

antifraud activity, rating, or underwriting.

(g) For use in providing notice to the owner of an abandoned,

towed, or impounded vehicle or for use by the custodian of a

vehicle that is considered abandoned as defined in section 252a(2),

for the sole purpose of disposing of that vehicle.

(h) For use either by a private detective or private

investigator licensed under the private detective license act, 1965

PA 285, MCL 338.821 to 338.851, or by a private security guard

agency or alarm system contractor licensed under the private

security business and security alarm act, 1968 PA 330, MCL 338.1051

to 338.1083, only for a purpose permitted under this section.

(i) For use by an employer, or the employer's agent or

insurer, to obtain or verify information relating either to the

holder of a commercial driver license that is required under

federal law or to the holder of a chauffeur's license that is

required under chapter 3.

(j) For use by a car rental business, or its employees,

agents, contractors, or service firms, for the purpose of making

rental decisions.

(k) For use in connection with the operation of private toll

transportation facilities.

(l) For use by a news medium in the preparation and

dissemination of a report related in part or in whole to the

operation of a motor vehicle or public safety. "News medium"

includes a newspaper, a magazine or periodical published at regular

intervals, a news service, a broadcast network, a television

station, a radio station, a cablecaster, or an entity employed by

any of the foregoing.

(m) For any use by an individual requesting information

pertaining to himself or herself or requesting in writing that the

secretary of state provide information pertaining to himself or

herself to the individual's designee. A request for disclosure to a

designee, however, may be submitted only by the individual.

(4) Medical and disability information in a record maintained

under this act may be used and disclosed for purposes of subsection

(3)(a), (d), or (m).

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 sale as that term is defined in section 240. A person who

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 be ordered to pay a civil fine of

$50.00.

(2) As used in this section and sections 252a through 252l,

"abandoned vehicle" means either of the following:

(a) A vehicle that has remained on private property without

the consent of the owner.

(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.

(3) If a vehicle has remained on public property for the

period of time described in subsection (2)(b) so that it qualifies

as abandoned, a police agency having jurisdiction over the vehicle

or the 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 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.

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 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 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 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 name and address of the police agency that had the

vehicle taken into custody.

(v) The name and business address of the custodian of the

vehicle.

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

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

be furnished by the secretary of state. Each notice form shall

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.

(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

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 made by filing a petition with the

court specified in the notice described in subsection (5)(c) within

20 days after the date of the notice. If the owner requests a

hearing, the matter shall be 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) If the owner does not request a hearing under subsection

(6), he or she 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 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) If the owner does not redeem the vehicle or request a

hearing within 20 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.

(9) 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

contacting a local towing agency. A local towing agency is

considered a towing agency whose storage lot is located within 15

miles from the border of the local unit of government having

jurisdiction over the abandoned vehicle.

(10) Before removing the vehicle from private property, the

towing agency shall ~~notify~~ provide reasonable notice by telephone,

or otherwise, to a police agency having jurisdiction over the

vehicle that the vehicle is being removed. The police agency shall

determine if the vehicle has been reported stolen and ~~have~~ enter

the vehicle ~~entered~~ 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.

(11) Within 24 hours after taking the 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

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.

(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 name of the court that has jurisdiction over the case.

(12) Within 7 days after being notified under subsection (11),

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 be furnished by the secretary of state. Each

notice form shall 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.

(13) 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 made by

filing a petition with the court specified in the notice within 20

days after the date of the notice. If the owner requests a hearing,

the matter shall be 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.

(14) If the owner does not request a hearing, he or she 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 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.

(15) If the owner does not redeem the vehicle or request a

hearing within 20 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 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.

(16) 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.

(17) 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.

(18) The secretary of state shall release a vehicle for

disposition under section 252b or 252g within 45 days after the

vehicle is entered into the law enforcement information network as

an abandoned vehicle.

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 ~~registered~~ 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.

(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 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.

(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) ~~Follow~~ 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.

(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.

(5) Not less than 20 days but not more than 30 days after a

vehicle has been released under subsection (4), 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. 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 court.

(b) A municipal 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) shall be

the court that has territorial jurisdiction at the location from

where the vehicle was removed or ~~deemed~~ considered abandoned. Venue

in the district court shall be governed by section 8312 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.8312.

(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 shall be

used to pay the towing and storage fees.

(4) The remedies under sections 252 through 254 are the

exclusive remedies for the disposition of abandoned vehicles.

Sec. 252f. (1) Upon the filing of a petition prescribed in

section 252a, 252b, or 252d, signed by the owner of the vehicle

which 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, towing ~~service,~~ agency or custodian, of

~~the vehicle,~~ 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 subsection (1), the police

agency, towing agency or custodian, or, if the vehicle was removed

from private property, the private property owner shall have 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 20 days after the decision for the

owner to redeem the vehicle. If the owner does not redeem the

vehicle within 20 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 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 be

forwarded to the towing agency.

(b) A finding that the police agency did not comply with the

procedures established for the processing of an abandoned vehicle

or a vehicle removed under section 252a, 252b, or 252d. After

making the finding, the court shall issue an order directing that

the vehicle immediately be released to the owner, and that the

police agency is responsible for the accrued towing and storage

charges. The court shall also order any fee or bond posted by the

owner to be returned to the owner.

reasonable.

(d) 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 with an appropriate reduction or refund.

(e) A finding that the owner of the real property complied

with the provisions of section 252k or 252l.

(f) 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 for the accrued towing and storage

charges.

(g) 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(10), 252b, or 252d.

After making the finding, the court shall issue an order directing

that the vehicle immediately be released to the owner and that the

towing agency is responsible for the accrued towing and storage

charges. The court shall also order any fee or bond posted by the

owner to be returned to the owner.

(h) 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(10), 252b, or 252d.

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. ~~or the~~

~~agency's designee or the custodian of the vehicle or the~~

~~custodian's designee~~ 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.

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 or in such a manner as provided for on

the secretary of state's website. 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 and storage charges.

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

the vehicle.

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.

(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. 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 a 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.

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.

Sec. 252l. Section 252k does not apply to ~~either~~ 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 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.

252d.