Bill Text: MI HB6421 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Animals: other; public notice requirement in large carnivore act; revise to require notice as provided in the local government public notice act. Amends secs. 18 & 20 of 2000 PA 274 (MCL 287.1118 & 287.1120).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6421 Detail]
Download: Michigan-2019-HB6421-Introduced.html
HOUSE BILL NO. 6421
November 12, 2020, Introduced by Reps. Bolden,
Meerman, Coleman and Steven Johnson and referred to the Committee on
Government Operations.
A bill to amend 2000 PA 274, entitled
"Large carnivore act,"
by amending sections 18 and 20 (MCL 287.1118 and 287.1120).
the people of the state of michigan enact:
Sec. 18. (1) A law enforcement officer may return a seized large carnivore to the owner of the large carnivore if the law enforcement officer is satisfied that the conditions resulting in the seizure have been corrected. If the large carnivore was seized pursuant to process issued by a court, the law enforcement officer shall obtain approval of the court before returning the large carnivore.
(2) Unless the large carnivore has been returned, the law enforcement officer shall, within 10 days after the large carnivore is seized, give written notice of the seizure and intent to forfeit the large carnivore to each of the following persons:
(a) The owner of the large carnivore.
(b) Any person who was injured or whose property was damaged by the large carnivore.
(3) The Before January 1, 2022, the notice required under subsection (2) shall must be delivered in person or sent by certified mail. If Before January 1, 2022, if the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall must be published in a newspaper of general circulation in the county in which the large carnivore was seized for 10 successive publishing days. Beginning January 1, 2022, the notice required under subsection (2) must be provided by sending the notice by certified mail. Beginning January 1, 2022, if the name and address of the person are not reasonably ascertainable, the notice must be provided using public notice as provided in the local government public notice act. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.
(4) The law enforcement officer shall immediately after seizure of the large carnivore notify the prosecuting attorney for the county in which the large carnivore was seized or, if the attorney general is actively handling a case involving or relating to the large carnivore, the attorney general, of the seizure of the large carnivore and any intent to forfeit the large carnivore under this act.
Sec. 20. (1) A law enforcement officer shall return a seized large carnivore to the owner of the large carnivore within 7 days after the occurrence of any of the following:
(a) The failure to issue a warrant against the owner of the large carnivore for committing a misdemeanor under section 15 or to file a complaint under section 16(3) within 10 days after the large carnivore is seized.
(b) The dismissal of charges against the owner of the large carnivore under section 15 or of a complaint under section 16(3), as applicable.
(c) The court's determination that an order for the large carnivore to be forfeited shall not be entered.
(d) The acquittal of the owner of the large carnivore of any charges under section 15.
(e) Entry of a court order under this act for the return of the large carnivore.
(2) If a large carnivore is returned under subsection (1), the law enforcement officer shall give written notice to the persons who received notice under section 18 that the large carnivore has been returned. The Before January 1, 2022, the notice under this subsection shall must be delivered in person or sent by certified mail. If Before January 1, 2022, if the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall must be published in a newspaper of general circulation in the county in which the large carnivore was seized for 10 successive publishing days. Beginning January 1, 2022, the notice required under this subsection must be provided by sending the notice by certified mail. Beginning January 1, 2022, if the name and address of the person are not reasonably ascertainable, the notice must be provided using public notice as provided in the local government public notice act.
(3) If the court orders a large carnivore to be forfeited, the order of forfeiture shall direct that each large carnivore be transferred to a wildlife sanctuary approved by the association of sanctuaries, American Sanctuary Association, an animal protection shelter, or a zoo accredited by the American zoo and aquarium association, Association of Zoos and Aquariums, where the large carnivore will be safely and humanely cared for. However, subject Subject to section 10, if the large carnivore killed or injured a human or an animal, the order of forfeiture may direct that the large carnivore be humanely euthanized by a veterinarian. An order of forfeiture shall also revoke any permit that may have been issued for the large carnivore under section 4 and order payment of costs under subsection (4). The forfeiture is a civil forfeiture.
(4) If a large carnivore is seized, the owner of the large carnivore is liable for the costs of placement and care for the large carnivore from the time of seizure until the time of return or forfeiture and, if a large carnivore is ordered to be forfeited and euthanized, for the costs of humanely euthanizing and disposing of the large carnivore. This subsection does not apply if the large carnivore is returned under subsection (1) or section 19.
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.
