Bill Text: MI HB5718 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; other; disposition of certain stolen or abandoned property; provide for by donation in certain circumstances. Amends secs. 1 & 2 of 1979 PA 214 (MCL 434.181 & 434.182).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 546'18 With Immediate Effect [HB5718 Detail]
Download: Michigan-2017-HB5718-Introduced.html
HOUSE BILL No. 5718
March 14, 2018, Introduced by Reps. Lilly, Camilleri, Leutheuser, Calley, Kesto, Maturen, Lucido, Howrylak, Kahle, Guerra, Chang, Liberati, Wittenberg, Hammoud, Robinson, Yaroch and LaGrand and referred to the Committee on Law and Justice.
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 city,
village, or township; and to provide for the disposition of the
proceeds of sale and certain other property,"
by amending sections 1 and 2 (MCL 434.181 and 434.182), section 1
as amended by 2006 PA 556 and section 2 as amended by 1984 PA 258.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Except as otherwise provided in this section, a
law enforcement agency of a city, village, or township that
recovers stolen property or discovers abandoned personal property
within the city, village, or township, which is unclaimed for 6
months after recovery or discovery, shall report the recovery or
discovery of that property, including money, to the city or village
council or township board of trustees and shall request authority
to dispose of the property as provided in this act or to give the
property to the sheriff of the county to dispose of as provided in
1959 PA 54, MCL 434.171 to 434.174.
(2) If the property is an abandoned or stolen bicycle, the law
enforcement agency may request authority from its governing body to
donate the bicycle to a state licensed charitable organization.
(3) If the stolen property or abandoned personal property is
not a weapon and is reusable property, the law enforcement agency
may request authority from its governing body to donate the
property as provided in section 2, to an eligible recipient that,
at the time of the donation, expects to use the property.
(4) As used in this section:
(a) "Eligible recipient" means a city, village, county,
township, school district, intermediate school district,
university, community college, private nonprofit organization,
public school academy, or governmental authority, or an agency or
department of a city, village, county, township, school district,
intermediate school district, or a private nonprofit organization.
(b) "Private nonprofit organization" means a private
organization exempt from taxation under section 501(c)(3) of the
internal revenue code, 26 USC 501(c)(3).
Sec. 2. (1) The city or village council or township board of
trustees
shall act upon the request of the law enforcement officer
within
agency under section 1 not less than 60 days or more than 6
months
after the receipt of the request. and
not more than 6 months
after
the receipt of the request.
(2) If the city or village council or township board of
trustees authorizes the law enforcement officer to give the
property to the sheriff of the county, the law enforcement officer
shall deliver the property to the sheriff within 10 days.
(3) If the city or village council or township board of
trustees authorizes the law enforcement officer to dispose of the
property
pursuant to through sale
under this act, the law
enforcement
officer shall conduct a sale of the property in the
manner
as provided in subsection (4).
(4)
The If the law enforcement
officer is authorized to
dispose of the property by sale, the law enforcement officer 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.
The notice shall must describe the property, including
money,
and shall state the time and place of the public sale at
which the property may be purchased by the highest bidder. The law
enforcement officer 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
which
that does not have a value other than its face value shall
must 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 officer. If ownership of the
property
is proved, the property shall must
be turned over to the
owner
and the sale shall of that
property must be canceled. insofar
as
the claimed property is concerned.
(5) If the 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 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. 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 takes effect 90 days
after the date it is enacted into law.
