VEHICLE TRANSF.; PROHIBIT DURING ATTACHMENT                                         S.B. 426:

                                                                                 SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

Senate Bill 426 (as introduced 8-20-19)

Sponsor:  Senator Peter J. Lucido

Committee:  Transportation and Infrastructure

Date Completed:  3-3-20

CONTENT

The bill would amend the Michigan Vehicle Code to do the following:

-- Prohibit a person from transferring or attempting to transfer ownership or right of possession of a vehicle subject to levy of execution or other court process resulting in attachment under the Code with the intent to avoid the levy or attachment of that vehicle.

-- Prohibit a person from transferring or assigning without a court order the title or an interest in the vehicle to a person who is not subject to payment of a use tax during the time the vehicle was subject to levy of execution or other court process resulting in attachment.

The Code prohibits a person from transferring or attempting to transfer ownership or right of possession of a vehicle subject to forfeiture or ordered forfeited under the Code with the intent to avoid forfeiture of that vehicle. Under the bill, a person also could not transfer or attempt to transfer ownership or right of possession of a vehicle subject to levy of execution or other court process resulting in attachment under the Code with the intent to avoid the levy or attachment of that vehicle.

The Code prohibits a person from transferring or assigning without a court order the title or an interest in the vehicle to a person who is not subject to payment of a use tax during the time the vehicle is subject to any of the following:

-- A temporary registration plate.

-- Vehicle forfeiture.

-- Immobilization.

-- Registration denial.

-- The period from adjudication to immobilization or forfeiture.

The bill would include among the list the time the vehicle was subject to levy of execution or other court process resulting in attachment.

MCL 257.233                                                           Legislative Analyst:  Tyler VanHuyse

FISCAL IMPACT

The bill could have a negative fiscal impact on the State and local government. New misdemeanor arrests and convictions under the bill could increase resource demands on law enforcement, court systems, community supervision, and jails. However, it is unknown how

many people would be prosecuted under the bill's provisions. Any additional revenue from imposed fines would go to local libraries.

                                                                                      Fiscal Analyst:  Joe Carrasco

                                                                                                       Michael Siracuse

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.