September 8, 2005, Introduced by Reps. Mortimer and Rocca and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7524 (MCL 333.7524), as amended by 1994 PA 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7524. (1) When property is forfeited under this article,
or
pursuant to section 17766a, the local unit of government that
seized the property may do any of the following, or if the property
is seized by or in the custody of the state, the state may do any
of the following, subject to section 7523(1)(d):
(a) Retain it for official use.
(b) Sell that which is not required to be destroyed by law and
which is not harmful to the public. The proceeds and any money,
negotiable instruments, securities, or any other thing of value as
described
in section 7521(1)(f) that are forfeited pursuant to
under this article shall be deposited with the treasurer of the
entity having budgetary authority over the seizing agency and
applied as follows:
(i) For the payment of proper expenses of the proceedings for
forfeiture and sale, including expenses incurred during the seizure
process, maintenance of custody, advertising, and court costs,
except as otherwise provided in subsection (4).
(ii) The balance remaining after the payment of expenses shall
be distributed by the court having jurisdiction over the forfeiture
proceedings to the treasurer of the entity having budgetary
authority over the seizing agency. If more than 1 agency was
substantially involved in effecting the forfeiture, the court
having jurisdiction over the forfeiture proceeding shall equitably
distribute the money among the treasurers of the entities having
budgetary authority over the seizing agencies. The money received
under this subparagraph and all interest and other earnings on
money received under this subparagraph shall be used to enhance law
enforcement
efforts pertaining to this article
or section 17766a
or to purchase police vehicles, as appropriated by the entity
having
budgetary authority over the seizing agency. A distribution
made
under this subparagraph shall serve as a supplement to, and
not
a replacement for, the funds budgeted on January 1, 1991, for
law
enforcement efforts pertaining to this article or section
17766a.
(c) Require the administrator to take custody of the property
and remove it for disposition in accordance with law.
(d) Forward it to the bureau for disposition.
(2) Notwithstanding subsection (1), this state or local units
of government may donate lights for plant growth or scales
forfeited
under this article or section 17766a to
elementary or
secondary schools or institutions of higher education that request
in
writing to receive those lights or scales pursuant to under
this subsection, for educational purposes. This state or local
units
of government shall donate lights and scales pursuant to
under this subsection to elementary or secondary schools or
institutions of higher education in the order in which the written
requests are received. This state or local units of government may
limit the number of lights and scales available to each requestor.
(3)
In the course of selling real property
pursuant to under
subsection (1)(b), the court that has entered an order of
forfeiture may, on motion of the agency to whom the property has
been forfeited, appoint a receiver to dispose of the real property
forfeited. The receiver shall be entitled to reasonable
compensation.
The receiver shall have authority to may do
all of
the following:
(a) List the forfeited real property for sale.
(b) Make whatever arrangements are necessary for the
maintenance and preservation of the forfeited real property.
(c) Accept offers to purchase the forfeited real property.
(d) Execute instruments transferring title to the forfeited
real property.
(4) If a court enters an order of forfeiture, the court may
order a person who claimed an interest in the forfeited property
pursuant
to under section 7523(1)(c) to pay the expenses of the
proceedings of forfeiture to the entity having budgetary authority
over the seizing agency.