Bill Text: MI HB5990 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Health; other; public notice regarding forfeiture of seized property and use of public sewers; revise to make reference to the local government public notice act. Amends secs. 7523 & 12753 of 1978 PA 368 (MCL 333.7523 & 333.12753). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB5990 Detail]

Download: Michigan-2013-HB5990-Introduced.html

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HOUSE BILL No. 5990

 

December 2, 2014, Introduced by Rep. Haines and referred to the Committee on Local Government.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 7523 and 12753 (MCL 333.7523 and 333.12753),

 

section 7523 as amended by 2006 PA 130.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7523. (1) If property is seized pursuant to under section

 

7522, the seizing agency shall promptly begin forfeiture

 

proceedings. shall be instituted promptly. If the property is

 

seized without process as provided under section 7522, and the

 

total value of the property seized does not exceed $50,000.00, the

 

seizing agency shall use the following procedure: shall be used:

 

     (a) The local unit of government that seized the property or,

 

if the property was seized by the state, the state seizing agency

 

shall notify the owner of the property that the property has been

 

seized, and that the local unit of government or, if applicable,

 

the state seizing agency intends to forfeit and dispose of the

 

property by delivering a written notice to the owner of the

 

property or by sending the notice to the owner by certified mail.

 

If the name and address of the owner are not reasonably

 

ascertainable, or delivery of the notice cannot be reasonably

 

accomplished, the notice seizing agency shall be published do 1 of

 

the following, as applicable:

 

     (i) Before January 1, 2015, publish the notice in a newspaper

 

of general circulation in the county in which the property was

 

seized, for 10 successive publishing days.

 

     (ii) After December 31, 2014, provide tier B public notice as

 

provided in the local government public notice act.

 

     (b) Unless all criminal proceedings involving or relating to

 

the property have been completed, the seizing agency shall

 

immediately notify the prosecuting attorney for the county in which

 

the property was seized or, if the attorney general is actively

 

handling a case involving or relating to the property, the attorney

 

general of the seizure of the property and the intention to forfeit

 

and dispose of the property.

 

     (c) Any person claiming an interest in property that is the

 

subject of a notice under subdivision (a) may, within 20 days after

 

receipt of the notice or of the date of the first publication of

 

the notice, file with the seizing agency a written claim signed by

 

the claimant with the local unit of government or the state

 

expressing his or her interest in the property. Upon the filing of

 

the claim and the giving of a bond to the local unit of government

 

or the state seizing agency in the amount of 10% of the value of

 

the claimed property, but not less than $250.00 or greater than

 

$5,000.00, with sureties approved by the local unit of government

 

or the state seizing agency containing the condition that if the

 

property is ordered forfeited by the court the obligor shall pay

 

all costs and expenses of the forfeiture proceedings, . The local

 

unit of government or, if applicable, the state the seizing agency

 

shall transmit the claim and bond with a list and description of

 

the property seized to the attorney general, the prosecuting

 

attorney for the county, or the city or township attorney for the

 

local unit of government in which the seizure was made. The

 

attorney general, the prosecuting attorney, or the city or township

 

attorney shall promptly institute forfeiture proceedings after the

 

expiration of the 20-day period. However, unless all criminal

 

proceedings involving or relating to the property have been

 

completed, a city or township attorney shall not institute

 

forfeiture proceedings without the consent of the prosecuting

 

attorney or, if the attorney general is actively handling a case

 

involving or relating to the property, the attorney general.

 

     (d) If no claim is filed or bond given within the 20-day

 

period as described in subdivision (c), the local unit of

 

government or the state seizing agency shall declare the property

 

forfeited and shall dispose of the property as provided under

 

section 7524. However, unless all criminal proceedings involving or

 

relating to the property have been completed, the local unit of

 

government or the state seizing agency shall not dispose of the

 

property under this subdivision without the written consent of the

 

prosecuting attorney or, if the attorney general is actively

 

handling a case involving or relating to the property, the attorney

 

general.

 

     (2) Property taken or detained under this article shall is not

 

be subject to an action to recover personal property, but is deemed

 

considered to be in the custody of the seizing agency subject only

 

to this section or an order and judgment of the court having that

 

has jurisdiction over the forfeiture proceedings. When property is

 

seized under this article, the A seizing agency may do any of the

 

following for property that is seized under this article:

 

     (a) Place the property under seal.

 

     (b) Remove the property to a place designated by the court.

 

     (c) Require the administrator to take custody of the property

 

and remove it to an appropriate location for disposition in

 

accordance with law.

 

     (d) Deposit money seized under this article into an interest-

 

bearing account in a financial institution. As used in this

 

subdivision, "financial institution" means a state or nationally

 

chartered bank or a state or federally chartered savings and loan

 

association, savings bank, or credit union whose deposits are

 

insured by an agency of the United States government and that

 

maintains a principal office or branch office located in this state

 

under the laws of this state or the United States.

 

     (3) Title A court of competent jurisdiction shall determine

 

title to real property forfeited under this article. shall be

 

determined by a court of competent jurisdiction. A forfeiture of

 

real property encumbered by a bona fide security interest is

 

subject to the interest of the secured party who neither had that

 

did not have knowledge of nor consented or did not consent to the

 

act or omission.

 

     (4) An attorney for a person who is charged with a crime

 

involving or related to the money seized under this article shall

 

must be afforded given a period of 60 days within which to examine

 

that money. This The 60-day period shall begin begins to run after

 

notice is given under subsection (1)(a) but before the money is

 

deposited into a financial institution under subsection (2)(d). If

 

the attorney general, prosecuting attorney, or city or township

 

attorney fails to sustain his or her burden of proof in forfeiture

 

proceedings under this article, the court shall order the return of

 

the money, including any interest earned on money deposited into a

 

financial institution under subsection (2)(d).

 

     Sec. 12753. (1) Structures in which sanitary sewage originates

 

lying that are located within the limits of a city, village, or

 

township shall must be connected to an available public sanitary

 

sewer in the city, village, or township if required by the city,

 

village, or township.

 

     (2) Structures in which sanitary sewage originates lying that

 

are located outside the limits of the city, village, or township in

 

which the available public sanitary sewer lies shall is located

 

must be connected to the available public sanitary sewer after the

 

approval of both the city, village, or township in which the

 

structure and the public sanitary sewer system lies are located and

 

if required by the city, village, or township in which the sewage

 

originates.

 

     (3) Except as otherwise provided in subsection (4), the

 

connection provided for in subsections (1) and (2) shall must be

 

completed promptly but not later than 18 months after the date of

 

occurrence of the last of the following events or before the city,

 

village, or township in which the sewage originates requires the

 

connection:

 

     (a) Publication Before January 1, 2015, publication of a

 

notice by the governmental entity which that operates the public

 

sanitary sewer system of availability of the public sanitary sewer

 

system in a newspaper of general circulation in the city, village,

 

or township in which the structure is located. After December 31,

 

2014, the governmental entity that operates the public sanitary

 

sewer system shall provide tier B public notice as set forth in the

 

local government public notice act of availability of the public

 

sanitary sewer system in the city, village, or township in which

 

the structure is located.

 

     (b) Modification of a structure so as to become a structure in

 

which sanitary sewage originates.

 

     (4) A city, village, or township may enact ordinances, or a

 

county or district board of health , may adopt regulations, to

 

require completion of the connection within a shorter period of

 

time for reasons of public health.

 

     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.