HOUSE BILL No. 4938


     June 17, 1997, Introduced by Rep. Profit and referred to the Committee on Transportation.


        A bill to amend 1990 PA 271, entitled

   "Limousine transportation act,"

   by amending the title and sections 27 and 39 (MCL 257.1927 and

   257.1939).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to regulate persons who transport passengers by lim-

 3    ousine; to prescribe powers and duties for the state transporta-

 4    tion department and certain local units of government; TO CREATE

 5    CERTAIN FUNDS FOR CERTAIN PURPOSES; to impose certain fees; and

 6    to prescribe remedies and penalties.

 7         Sec. 27.  The department may use all available legal and

 8    equitable remedies of a civil nature to enforce this act, an

 9    order issued, or a rule promulgated pursuant to this act.  The

10    department may employ such experts, assistants, inspectors, and


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 1    other personnel as may be necessary, subject to civil service

 2    rules, to enable it to administer and enforce this act.  An

 3    employee of the department shall not ask or receive any fee from

 4    a person for the taking of acknowledgments or any other service.

 5    State and local police officers AND AUTHORIZED AGENTS OF THE

 6    DEPARTMENT shall enforce this act and the rules promulgated pur-

 7    suant to this act.  WHEN THE DULY AUTHORIZED AGENTS OF THE

 8    DEPARTMENT ARE PERFORMING THE DUTIES UNDER THIS ACT, THEY SHALL

 9    HAVE ALL THE POWERS CONFERRED UPON PEACE OFFICERS BY THE GENERAL

10    LAWS OF THIS STATE, INCLUDING THE AUTHORITY TO ISSUE CITATIONS,

11    THE AUTHORITY FOR ENTRY ON PROPERTY, AND THE AUTHORITY TO PLACE A

12    LIMOUSINE IN AN "OUT OF SERVICE" STATUS. A peace officer may

13    arrest, on sight or upon warrant, any person found violating, or

14    having violated, a provision of this act or a rule promulgated

15    under this act.  The attorney general of the state and the prose-

16    cuting attorneys of the counties of the state shall prosecute all

17    violations of this act.  When this act is violated, the offense

18    may be prosecuted in any jurisdiction in or through which any

19    limousine implicated was present at the time of the violation.

20         Sec. 39.  (1) THE LIMOUSINE TRANSPORTATION ACT ENFORCEMENT

21    FUND IS CREATED AS A RESTRICTED FUND IN THE STATE TREASURY.

22    MONEY IN THE FUND AT THE END OF EACH FISCAL YEAR SHALL REMAIN IN

23    THE FUND TO BE USED FOR THE ENFORCEMENT OF AND THE INSPECTIONS

24    REQUIRED BY THIS ACT.  MONEY IN THE FUND SHALL BE INVESTED AS

25    OTHER STATE FUNDS ARE INVESTED.  INTEREST EARNED SHALL BE CRED-

26    ITED TO THE FUND.





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 1         (2) All revenues collected pursuant to sections 17,  19, 

 2    23, 21, 29, and 31 shall be deposited in the  comprehensive

 3     transportation  LIMOUSINE TRANSPORTATION ACT ENFORCEMENT fund

 4    CREATED IN SUBSECTION (1) AND USED SOLELY FOR THE PURPOSES

 5    DESCRIBED IN SUBSECTION (1).














































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