Bill Text: MI HB6073 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Criminal procedure; forfeiture; sale of vehicle seized for trailway ordinance violation; require notice to be published as provided in the local government public notice act. Amends sec. 8733 of 1961 PA 236 (MCL 600.8733). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6073 Detail]

Download: Michigan-2013-HB6073-Introduced.html

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HOUSE BILL No. 6073

 

December 2, 2014, Introduced by Rep. Zemke and referred to the Committee on Local Government.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 8733 (MCL 600.8733), as amended by 2003 PA 95.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8733. (1) An authorized local official may seize and

 

impound a vehicle operated in the commission of a trailway

 

municipal civil infraction. Upon On impoundment, the vehicle is

 

subject to a lien, subordinate to a prior lien of record, in the

 

amount of any fine, costs, or assessment that the defendant may be

 

is ordered to pay under section 8727 and any expenses described in

 

subsection (2) that the defendant may be is ordered to pay under

 

section 8727. The defendant or a person with an ownership interest

 

in the vehicle may post with the court a cash or surety bond in the

 

amount of $750.00. If such a bond is posted, the vehicle shall be

 

released from impoundment. The vehicle shall also be released , and

 

the lien shall be discharged , upon on a judicial determination

 

that the defendant is not responsible for the trailway municipal

 

civil infraction or upon on payment of the fine, costs, assessment,

 

and damages and expenses.

 

     (2) In a trailway municipal civil infraction action, an order

 

under section 8727 may require the defendant to pay 1 or both of

 

the following:

 

     (a) The amount of damages to any land, water, wildlife,

 

vegetation, or other natural resource or to any facility damaged by

 

the violation of the ordinance. Money collected under this

 

subdivision shall be distributed to the governmental entity that

 

has jurisdiction over the recreational trailway.

 

     (b) The reasonable expense of impoundment under subsection

 

(1). Money collected under this subdivision shall be distributed to

 

the governmental entity employing the authorized local official who

 

impounded the vehicle involved in the trailway municipal civil

 

infraction.

 

     (3) If the court in a trailway municipal civil infraction

 

action determines that the defendant is responsible for the

 

trailway municipal civil infraction and the defendant defaults in

 

the payment of the fine, costs, assessment, or damages or expenses,

 

or in any installment, as ordered pursuant to under section 8727,

 

any bond posted under subsection (1) shall be forfeited and applied

 

to the fine, costs, assessment, damages, expenses, or installment.

 

The court shall certify any remaining unpaid amount to the attorney

 

for the governmental entity whose ordinance was violated. The

 

attorney for the governmental entity may enforce the lien by a

 

foreclosure sale. The foreclosure sale shall be conducted in the

 

same manner provided as and is subject to the same rights as that

 

apply in the case of to an execution sales sale under sections

 

6031, 6032, 6041, 6042, and 6044 to 6047.

 

     (4) Not less than 21 days before the a foreclosure sale under

 

subsection (3), the attorney for the governmental entity whose

 

ordinance was violated shall by certified mail send written notice

 

of the time and place of the foreclosure sale to each person with a

 

known ownership interest in or lien of record on the vehicle. In

 

addition, not less than 10 days before the foreclosure sale, the

 

attorney shall twice publish notice of the time and place of the

 

foreclosure sale in as follows:

 

     (a) Before January 1, 2015, in a newspaper of general

 

circulation in the county in which the vehicle was seized.

 

     (b) After December 31, 2014, in the manner provided for tier A

 

public notices under the local government public notice act.

 

     (5) The proceeds of the a foreclosure sale under subsection

 

(3) shall be distributed in the following order of priority:

 

     (a) To discharge any lien on the vehicle that was recorded

 

prior to before the creation of the lien under subsection (1).

 

     (b) To the clerk of the court for the payment of the fine,

 

costs, assessment, damages, and expenses that the defendant was

 

ordered to pay under section 8727.

 

     (c) To discharge any lien on the vehicle that was recorded

 

after the creation of the lien under subsection (1).

 

     (d) To the owner of the vehicle.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5560 (request no.

 

03796'13) of the 97th Legislature is enacted into law.