Bill Text: MI HB6407 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: forfeiture; sale of vehicle seized for trailway ordinance violation; require notice to be published as provided in the local government public notice act. Amends sec. 8733 of 1961 PA 236 (MCL 600.8733).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6407 Detail]
Download: Michigan-2019-HB6407-Introduced.html
HOUSE BILL NO. 6407
November 12, 2020, Introduced by Reps. Meerman
and Steven Johnson and referred to the Committee on Government Operations.
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 must be released from impoundment. The vehicle shall must 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 must 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 must 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 must 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 must 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 provide notice of the time and place of the foreclosure sale in as follows:
(a) Before January 1, 2022, by publishing the notice twice in a newspaper of general circulation in the county in which the vehicle was seized.
(b) After December 31, 2021, in the manner provided in the local government public notice act.
(5) The proceeds of the a foreclosure sale shall under subsection (3) must 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. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
