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.