Bill Text: MI HB6394 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement: other; public notice regarding disposition and sale of certain stolen or abandoned property; revise to make reference to the local government public notice act. Amends sec. 2 of 1979 PA 214 (MCL 434.182). TIE BAR WITH: HB 6440'20
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6394 Detail]
Download: Michigan-2019-HB6394-Introduced.html
HOUSE BILL NO. 6394
November 12, 2020, Introduced by Reps. Steven
Johnson and Meerman and referred to the Committee on Government Operations.
A bill to amend 1979 PA 214, entitled
"An act to provide for the disposition and sale of certain stolen or abandoned property recovered or discovered within a county, city, village, or township; and to provide for the disposition of the proceeds of sale and certain other property,"
by amending section 2 (MCL 434.182), as amended by 2018 PA 546.
the people of the state of michigan enact:
Sec. 2. (1) The county board of commissioners, city or village council, or township board of trustees shall act upon the request of the law enforcement agency under section 1 not less than 60 days or more than 6 months after the receipt of receiving the request.
(2) If the city or village council or township board of trustees authorizes the law enforcement agency of the city, village, or township to give the property to the sheriff of the county, the law enforcement agency shall deliver the property to the sheriff within 10 days.
(3) If the county board of commissioners, city or village council, or township board of trustees authorizes the law enforcement agency to dispose of the property through sale under this act, the law enforcement agency shall conduct a sale of the property as provided in subsection (4).
(4) If Before January 1, 2022, if the law enforcement agency is authorized to dispose of the property by sale, the law enforcement agency shall publish a notice in a newspaper of general circulation in the county not less than 5 days before the proposed sale of the property. Beginning January 1, 2022, if the law enforcement agency is authorized to dispose of the property by sale, the law enforcement agency shall provide notice by posting as provided in the local government public notice act not less than 5 days before the proposed sale of the property. The notice must describe the property, including money, and state the time and place of the public sale at which the property may be purchased by the highest bidder. The law enforcement agency may obtain an appraisal to determine whether money, because of age, origin, metal content, or value as a collector's item, has a value other than its face value. Money that does not have a value other than its face value must is not be subject to the public sale provisions contained in this section. Until the date of the sale, the property may be claimed at the office of the law enforcement agency. If ownership of the property is proved, the property must be turned over to the owner and the sale of that property must be canceled.
(5) If the county board of commissioners, city or village council, or township board of trustees authorizes the law enforcement agency to dispose of the property through donation, following a request under section 1(3), the law enforcement agency shall donate the property as provided in subsection (6).
(6) If Before January 1, 2022, if the law enforcement agency is authorized to dispose of the property by donation, the law enforcement agency shall publish a notice in a newspaper of general circulation in the county not less than 5 days before the proposed donation of the property. Beginning January 1, 2022, if the law enforcement agency is authorized to dispose of the property by donation, the law enforcement agency shall provide notice by posting as provided in the local government public notice act not less than 5 days before the proposed donation of the property. The notice must describe the property and provide the address of the office of the law enforcement agency and the date the property will be donated. Before the date provided in the notice, the property may be claimed at the office of the law enforcement agency. If ownership of the property is proved, the property must be turned over to the owner and the donation of that property must be canceled.
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.
