SENATE BILL No. 1012
February 15, 2000, Introduced by Senator DUNASKISS and referred to the Committee on Transportation and Tourism.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by amending the title and by adding sec-
tion 230a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to provide for the registration, titling, sale,
3 transfer, and regulation of certain vehicles operated upon the
4 public highways of this state or any other place open to the gen-
5 eral public or generally accessible to motor vehicles and dis-
6 tressed vehicles; to provide for the licensing of dealers; to
7 provide for the examination, licensing, and control of operators
8 and chauffeurs; to provide for the giving of proof of financial
9 responsibility and security by owners and operators of vehicles;
10 to provide for the imposition, levy, and collection of specific
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1 taxes on vehicles, and the levy and collection of sales and use
2 taxes, license fees, and permit fees; to provide for the regula-
3 tion and use of streets and highways; to create certain funds; to
4 provide penalties and sanctions for a violation of this act; to
5 provide for civil liability of owners and operators of vehicles
6 and service of process on residents and nonresidents; to provide
7 for the levy of certain assessments; to provide for the enforce-
8 ment of this act; to provide for the creation of and to prescribe
9 the powers and duties of certain state and local agencies; TO
10 IMPOSE LIABILITY UPON THE STATE OR LOCAL AGENCIES; to repeal all
11 other acts or parts of acts inconsistent with this act or con-
12 trary to this act; and to repeal certain parts of this act on a
13 specific date.
14 SEC. 230A. (1) A POLICE OFFICER WHO FINDS A MOTORCYCLE THAT
15 DOES NOT HAVE A VISIBLE VEHICLE IDENTIFICATION NUMBER MAY SEIZE
16 THE MOTORCYCLE TO DETERMINE IF THE MOTORCYCLE IS STOLEN OR OTHER-
17 WISE IN VIOLATION OF LAW.
18 (2) A POLICE OFFICER WHO SEIZES A MOTORCYCLE UNDER SUBSEC-
19 TION (1) SHALL DO ALL OF THE FOLLOWING:
20 (A) SECURE AND TRANSPORT THE MOTORCYCLE IN A MANNER AND TO A
21 PLACE THAT WILL PROTECT IT FROM DAMAGE.
22 (B) DETERMINE, IF POSSIBLE, WHETHER OR NOT THE MOTORCYCLE IS
23 STOLEN.
24 (C) IF NECESSARY, FACILITATE AN EXAMINATION OF THE MOTORCY-
25 CLE BY A FORENSIC LABORATORY SPECIALIST OR OTHER TRAINED SPECIAL-
26 IST TO DETERMINE IF THE VEHICLE IDENTIFICATION NUMBER CAN BE
27 RESTORED OR OTHERWISE LOCATED.
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1 (D) UNLESS OTHERWISE REQUIRED BY LAW, RETURN THE MOTORCYCLE
2 TO THE PERSON FROM WHOM IT WAS SEIZED OR TO THE LAWFUL OWNER,
3 WITHIN 30 CALENDAR DAYS AFTER THE DATE OF THE SEIZURE.
4 (3) A PERSON WHO VIOLATES THIS SECTION IS LIABLE FOR DAMAGES
5 OF $10.00 FOR EACH DAY THE SEIZED MOTORCYCLE IS UNLAWFULLY
6 DETAINED BEYOND 30 CALENDAR DAYS.
7 (4) A PERSON MAY ENFORCE THE PROVISIONS OF THIS SECTION BY
8 FILING A CIVIL ACTION IN THE DISTRICT COURT THAT HAS JURISDICTION
9 OF THE PLACE WHERE THE MOTORCYCLE WAS SEIZED. THE DISTRICT COURT
10 SHALL CONDUCT A HEARING ON THE ACTION WITHIN 10 DAYS FROM THE
11 DATE OF THE FILING IN A MANNER PRESCRIBED IN THE REVISED JUDICA-
12 TURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 600.9948.
13 (5) A PERSON WHO PREVAILS IN AN ACTION AUTHORIZED UNDER SUB-
14 SECTION (4) SHALL BE AWARDED COSTS AND ACTUAL ATTORNEY FEES.
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