Bill Text: MI HB5431 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Local government; other; local governments, law enforcement agencies, and universities operating a motor vehicle storage facility; prohibit. Creates new act.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2016-03-09 - Bill Electronically Reproduced 03/08/2016 [HB5431 Detail]

Download: Michigan-2015-HB5431-Introduced.html

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HOUSE BILL No. 5431

March 8, 2016, Introduced by Reps. Forlini, Kelly, Goike and Outman and referred to the Committee on Local Government.

 

     A bill to prohibit a local government, law enforcement agency,

 

or university from operating a motor vehicle storage facility; to

 

prohibit a local government, law enforcement agency, or university

 

from accepting consideration from an authorized vendor that

 

operates a motor vehicle storage facility; to prohibit a local

 

government, law enforcement agency, or university from requiring an

 

authorized vendor to deliver a motor vehicle to a motor vehicle

 

storage facility operated by a different authorized vendor; to

 

provide for exceptions; to prescribe the powers and duties of

 

certain state and local departments, entities, and officials; to

 

prescribe the powers and duties of certain law enforcement

 

agencies; and to provide for remedies and penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

 

     (a) "Authorized vendor" means an individual or entity that a

 

local government, law enforcement agency, or university designates

 

through contract, permit, practice, or license to have authority to

 

remove or store motor vehicles at the request of the local

 

government, law enforcement agency, or university.

 

     (b) "Law enforcement agency" means the department of state

 

police, the department of natural resources, or a law enforcement

 

agency of a county, township, city, village, airport authority,

 

community college, or university, that is responsible for the

 

prevention and detection of crime and enforcement of the criminal

 

laws of this state.

 

     (c) "Local government" means a county, city, village,

 

township, community college district, or an authority established

 

by law.

 

     (d) "Motor vehicle" means that term as defined in section 33

 

of the Michigan vehicle code, 1949 PA 300, MCL 257.33.

 

     (e) "Motor vehicle storage facility" means a facility operated

 

to hold motor vehicles that have been taken into custody for

 

safekeeping.

 

     (f) "University" means a state supported 4-year college or

 

university.

 

     Sec. 2. Except as otherwise provided in section 3, beginning

 

on the effective date of this act, a local government, law

 

enforcement agency, or university shall not do any of the

 

following:

 

     (a) Operate a motor vehicle storage facility.

 

     (b) Accept any consideration, financial or other, from an

 

authorized vendor that operates a motor vehicle storage facility.

 

     (c) Require an authorized vendor to deliver a motor vehicle to

 

a motor vehicle storage facility operated by a different authorized

 

vendor.

 

     Sec. 3. (1) If, on or before the effective date of this act, a

 

local government, law enforcement agency, or university is

 

operating a motor vehicle storage facility, that local government,

 

law enforcement agency, or university may continue to operate that

 

motor vehicle storage facility after the effective date of this

 

act.

 

     (2) If, on or before the effective date of this act, a local

 

government, law enforcement agency, or university accepts

 

consideration, financial or other, from any authorized vendor that

 

operates a motor vehicle storage facility, that local government,

 

law enforcement agency, or university may continue to accept

 

consideration, financial or other, from any authorized vendor after

 

the effective date of this act.

 

     (3) If, on or before the effective date of this act, a local

 

government, law enforcement agency, or university requires any

 

authorized vendor to deliver a motor vehicle to a motor vehicle

 

storage facility operated by a different authorized vendor, that

 

local government, law enforcement agency, or university may

 

continue to require any authorized vendor to deliver a motor

 

vehicle to a motor vehicle storage facility operated by a different

 

authorized vendor after the effective date of this act.

 

     Sec. 4. If a local government, law enforcement agency, or

 

university violates section 2, an authorized vendor may bring a

 

cause of action against the local government, law enforcement

 

agency, or university and may recover the amount of the actual

 

damages sustained, plus costs and reasonable attorney fees.

 

     Sec. 5. The owner or lessee of a motor vehicle that is held at

 

a motor vehicle storage facility that is being operated in

 

violation of section 2 may bring a cause of action against the

 

local government, law enforcement agency, or university and may

 

recover all towing and storage fees paid by the owner or lessee or

 

$150.00, whichever is greater, plus costs and reasonable attorney

 

fees.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.