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.