SENATE BILL NO. 1097


   April 30, 1998, Introduced by Senators CISKY, SHUGARS and GAST 
   and referred to the Committee on Economic Development, 
   International Trade and Regulatory Affairs.



        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending sections 675a and 675b (MCL 257.675a and 257.675b),

   as amended by 1980 PA 518.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 675a.  (1) Except as provided in section 675b involving

 2    leased OR RENTAL vehicles, in a prosecution for the violation of

 3    a local ordinance or state statute relating to  the
              A standing

 4    or  parking of a  PARKED vehicle, proof that the
             particular vehi-

 5    cle described in the complaint was parked in violation of the

 6    ordinance or state statute, together with proof  , by
              verifying

 7    ownership of the vehicle with the secretary of state  ,
              that the

 8    defendant named in the complaint was at the time of the violation

 9    the VEHICLE'S registered owner,  of the vehicle, 
             creates in

10    evidence a presumption that the VEHICLE'S registered owner 
             of


   05878'98 *                                               LTB
             
                                   2

 1    the vehicle  was the person who parked or placed
             the vehicle at

 2    the point where  ,  and  for  AT
             the time  during which,  THAT

 3    the violation occurred.

 4         (2) This section does not apply to a violation  which
              THAT

 5    is a civil infraction.

 6         Sec. 675b.  (1) In a prosecution for a violation of section

 7    675a involving a leased OR RENTED motor vehicle, proof that the

 8    particular vehicle described in the citation, complaint, or war-

 9    rant was used in the violation, together with proof that the

10    defendant named in the citation, complaint, or warrant was the

11    lessee OR RENTER of the vehicle at the time of the violation,

12    constitutes in evidence a presumption that the lessee OR RENTER

13    of the vehicle, not the registered owner, was the person who

14    parked or placed the vehicle at the point  , and for
              WHERE AND

15    AT the time  during which,  THAT the violation
             occurred.

16         (2) TO BE ELIGIBLE UNDER SUBSECTION (1), THE REGISTERED

17    OWNER OF A RENTAL VEHICLE SHALL PROVIDE THE FOLLOWING TO THE

18    CLERK OF THE COURT ISSUING THE VIOLATION NOT LATER THAN 30 DAYS

19    AFTER THE REGISTERED OWNER HAS RECEIVED NOTICE OF THE PARKING

20    VIOLATION:

21         (A) THE RENTER'S NAME, ADDRESS, AND DRIVER LICENSE NUMBER.

22         (B) A COPY OF THE RENTAL AGREEMENT.

23         (3) THE REGISTERED OWNER OF A RENTAL VEHICLE IS LIABLE UNDER

24    SECTION 675A IF THE REGISTERED OWNER DOES NOT PROVIDE THE INFOR-

25    MATION IN SUBSECTION (2) WITHIN THE 30-DAY PERIOD SPECIFIED IN

26    THAT SUBSECTION.





   05878'98 *

                                   3

 1         (4)  (2)  This section does not apply to a
             violation  which 

 2    THAT is a civil infraction.

 3         (5) AS USED IN THIS SECTION, "REGISTERED OWNER OF A RENTAL

 4    VEHICLE" MEANS A PERSON IN THE BUSINESS OF RENTING MOTOR

 5    VEHICLES.














































   05878'98 *          Final page.                          LTB