PARKING VIOLATION: RENTER - S.B. 1097 (S-1): FLOOR ANALYSIS

Senate Bill 1097 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor: Senator Jon Cisky

Committee: Economic Development, International Trade and Regulatory Affairs

CONTENT

The bill would amend the Motor Vehicle Code to provide that the registered owner of a rental vehicle would not be liable for a parking violation if the registered owner provided the renter's name, address, and driver license number, and a copy of the rental agreement to the clerk of the court or parking violations bureau issuing the violation not later than 60 days after the registered owner had received notice of the violation, and of notice of the violation were sent to the registered owner within one year after the citation was issued. ("Registered owner of a rental vehicle" would mean a person in the business of renting motor vehicles.)

Currently, in a prosecution for the violation of a local ordinance or State statute relating to the standing or parking of a leased motor vehicle, proof that the particular vehicle described in the citation, complaint, or warrant used in the violation, and proof that the defendant named in the citation, complaint, or warrant was the lessee of the vehicle at the time of the violation, constitutes in evidence a presumption that the lessee of the vehicle, not the registered owner, was the person who parked or placed the vehicle at the time the violation occurred. The bill also would apply this provision to renters who received a citation, complaint, or warrant for parking or placing a rented motor vehicles at the time the violation occurred.

MCL 257.675a & 257.675b - Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would have an indeterminate impact on local units regarding the ability to collect parking violation revenue.

Date Completed: 6-2-98 - Fiscal Analyst: B. Bowerman

FLOOR\SB1097 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.