March 15, 2017, Introduced by Rep. Lucido 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.