Bill Text: MI HB5023 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Law enforcement: state police; requirements for towing contracts with third parties; prohibit. Amends secs. 2 & 3 of 2018 PA 327 (MCL 123.1402 & 123.1403).
Spectrum: Bipartisan Bill
Status: (Introduced) 2023-09-26 - Bill Electronically Reproduced 09/20/2023 [HB5023 Detail]
Download: Michigan-2023-HB5023-Introduced.html
HOUSE BILL NO. 5023
A bill to amend 2018 PA 327, entitled
"An act to prohibit a local government or law enforcement agency from operating a motor vehicle storage facility or towing operation; to prohibit a local government or law enforcement agency from accepting consideration from an authorized vendor that operates a motor vehicle storage facility; to prohibit a local government or law enforcement agency 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,"
by amending sections 2 and 3 (MCL 123.1402 and 123.1403).
the people of the state of michigan enact:
Sec. 2. Except as otherwise provided in section 3 or 3a, beginning on the effective date of this act, a local government or law enforcement agency shall not do any of the following:
(a) Operate a motor vehicle storage facility or towing operation.
(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.
(d) Beginning on the effective date of the amendatory act that added this subdivision, contract with or engage a private third party to manage or administer towing operations or motor vehicle storage facilities on behalf of that local government or law enforcement agency.
Sec. 3. (1) If, on or before the effective date of this act, September 30, 2018, a local government or law enforcement agency is operating a motor vehicle storage facility or towing operation, that local government or law enforcement agency may continue to operate that motor vehicle storage facility or towing operation after the effective date of this act.September 30, 2018.
(2) If, on or before the effective date of this act, September 30, 2018, a local government or law enforcement agency accepts consideration, financial or other, from any authorized vendor that operates a motor vehicle storage facility, that local government or law enforcement agency may continue to accept consideration, financial or other, from any authorized vendor after the effective date of this act.September 30, 2018.
(3) If, on or before the effective date of this act, September 30, 2018, a local government or law enforcement agency requires any authorized vendor to deliver a motor vehicle to a motor vehicle storage facility operated by a different authorized vendor, that local government or law enforcement agency 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.September 30, 2018.
(4) If, on or before the effective date of the amendatory act that added section 2(d), a local government or law enforcement agency contracts with or engages a private third party to manage or administer towing operations or vehicle storage facilities on behalf of that local government or law enforcement agency, that local government or law enforcement agency shall not do any of the following after the effective date of the amendatory act that added section 2(d):
(a) Renew any contract entered into before the effective date of the amendatory act that added section 2(d) with the private third party to manage or administer towing operations or vehicle storage facilities on behalf of that local government or law enforcement agency after the termination of the contract described under this subdivision.
(b) Continue to engage the private third party to manage or administer towing operations or vehicle storage facilities on behalf of that local government or law enforcement agency.
