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House approves towing surcharge amendment allowing credit-card processing pass-through up to 3%

Utah House of Representatives · February 11, 2016
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Summary

The House approved House Bill 129 on Feb. 11, 2016, permitting tow companies that are required to accept credit cards to pass through processing costs capped at 3%. The bill passed 57–16 after extended floor questioning about transaction fees and market effects.

Representative Stratton moved to uncircle House Bill 129, explaining the bill would allow tow companies that are required by statute to accept credit cards to add a processing surcharge up to 3 percent to cover transaction costs. Stratton said the change fixes an inequity because companies forced to accept cards cannot always recover processing fees. "Because it's not the choice of the towing company to take the credit card ... this is a fairness issue," the sponsor said.

Members engaged in extended questioning about how card processing fees are calculated, whether a base or minimum tow fee exists, potential market impacts, and whether mandated acceptance creates an obligation that justifies a surcharge. Representative Thurston cautioned that actual per-transaction costs can be complex and predicted many companies might default to charging 3 percent rather than calculating exact costs. Representative Roberts and Representative Christianson described real-world hardship cases where cash requirements led to extra burdens; others warned that adding a surcharge could be costly for motorists at a vulnerable moment.

The sponsor noted that the bill caps the surcharge at 3 percent and pointed to maximum tow charges already in statute that limit overall fees; he said the market still operates for consensual tows. After discussion and summation, the House voted; House Bill 129 passed 57–16 and will be transmitted to the Senate.