Bill Summary for H 1037 (2023-2024)

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Summary date: 

May 3 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 1037 (Public) Filed Thursday, May 2, 2024
Intro. by Longest, Hawkins, Warren, Buansi.

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Bill summary

Enacts new GS 20-219.25 requiring fees charged by a towing company to be reasonable, not excessive, and clearly disclosed (before towing if possible). Prohibits towing a car to a location that does not offer recovery of the vehicle within 24 hours of towing. Prohibits charging storage fees for days when the company is not open from at least 9:00 am to 4:00 pm. Requires the company to wait one business day since the towed vehicle could first be recovered before charging a storage fee, unless it is open 24 hours per day. Requires a towing company to accept credit cards, debit cards, and cash. Provides for a limit on payment processing fees. Allows the Attorney General to adopt rules to implement this statute. Allows accessing penalties of up to $5,000 per violation, with proceeds of the penalties remitted to the Civil Penalty and Forfeiture Fund. Also allows the Attorney General to take other appropriate enforcement action. Sets out factors for the Attorney General to consider when deciding if a fee is reasonable and not excessive. Violations of the statute are considered an unfair and deceptive trade practice. Makes conforming changes to the title of Article 7B of GS Chapter 20. Effective October 1, 2024.

Appropriates $10,000, beginning with the 2024-25 fiscal year, from the General Fund to the Department of Justice, to implement the act. Effective July 1, 2024.