2013 House Bill 4770 / Public Act 218

Ban vehicle accident-related commercial solicitations (“ambulance chasing”)

Introduced in the House

May 23, 2013

Introduced by Rep. Ellen Lipton (D-27)

To prohibit public access to vehicle accident reports for 30 days after the accident, except for individuals involved in accident, the vehicle owners, affected property owners, their family members and lawyers, the insurance companies, prosecutors, newspaper and broadcast journalists (but not citizen journalists), and relevant government agencies. Obtaining the report for purposes of commercial solicitation (“ambulance chasing”) would be banned, with violations subject to two years in prison and a $15,000 fine.

Referred to the Committee on Judiciary

Sept. 12, 2013

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Oct. 8, 2013

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute failed by voice vote

Substitute offered by Rep. Joseph Graves (R-51)

To adopt a version of the bill that does not attempt to limit access by defining who may or may not get an accident report - including a controversial attempt to define eligible "journalists" - and instead just bans getting a report for purposes of "ambulance chasing".

The substitute passed by voice vote

Amendment offered by Rep. Joseph Haveman (R-90)

To make second and subsequent violations subject to a $30,000 fine and up to a year in jail.

The amendment passed by voice vote

Oct. 9, 2013

Amendment offered by Rep. Joseph Graves (R-51)

To remove provisions related to a first-offense felony penalty authorized by the original version of the bill but not included in the final version.

The amendment passed by voice vote

Passed in the House 98 to 10 (details)

To restrict public access to vehicle accident reports for 30 days after the crash by requiring outside parties who want the report to file a statement that they will not use it for commercial solicitation ("ambulance chasing"). The original bill's attempt to limit access by defining "journalist" was removed. Violations would be subject to a $15,000 fine, and subsequent violations with up to one year in jail.

Received in the Senate

Oct. 10, 2013

Referred to the Committee on Judiciary

Nov. 7, 2013

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 11, 2013

Substitute offered

The substitute passed by voice vote

Dec. 12, 2013

Amendment offered by Sen. Steve Bieda (D-9)

To exempt lawyers from the proposed restriction. The amendment cites current Michigan court rules of conduct that already prohibit "ambulance chasing" solicitations by lawyers.

The amendment failed by voice vote

Passed in the Senate 35 to 2 (details)

To restrict public access to vehicle accident reports for 30 days after the crash by requiring outside parties who want the report to file a statement that they will not use it for commercial solicitation ("ambulance chasing"). The original bill's attempt to limit access by defining "journalist" was removed. Violations would be subject to a $15,000 fine, and subsequent violations with up to one year in jail.

Received in the House

Dec. 12, 2013

Passed in the House 99 to 10 (details)

To concur with the Senate-passed version of the bill.

In the Senate

Dec. 12, 2013

Motion by Sen. Arlan Meekhof (R-30)

To reconsider the vote by which the bill was passed.

The motion passed by voice vote

Received

Passed in the Senate 35 to 3 (details)

To pass the bill again after revising some definitions and increasing proposed maximum penalties (from $15,000 to $30,000 for a first violation).

Signed by Gov. Rick Snyder

Dec. 21, 2013