HOUSE BILL No. 5537

 

December 29, 2005, Introduced by Rep. LaJoy 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  is 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  

 

only for law enforcement  efforts pertaining to this article or

 

section 17766a  purposes, 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 this

 

subsection, for educational purposes. This state or local units of

 

government shall donate lights and scales pursuant to 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 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.