Bill Text: MI HB5988 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Animals; other; notice requirements in wolf-dog cross act; revise to require notice as provided in the local government public notice act. Amends secs. 18 & 20 of 2000 PA 246 (MCL 287.1018 & 287.1020). TIE BAR WITH: HB 5560'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB5988 Detail]
Download: Michigan-2013-HB5988-Introduced.html
HOUSE BILL No. 5988
December 2, 2014, Introduced by Rep. Victory and referred to the Committee on Local Government.
A bill to amend 2000 PA 246, entitled
"Wolf-dog cross act,"
by amending sections 18 and 20 (MCL 287.1018 and 287.1020).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. (1) A law enforcement officer may return a seized
wolf-dog cross to the owner of the wolf-dog cross if the law
enforcement officer is satisfied that the conditions resulting in
the seizure have been corrected. If the wolf-dog cross was seized
pursuant to process issued by a court, the law enforcement officer
shall obtain approval of the court before returning the wolf-dog
cross.
(2) Unless the wolf-dog cross has been returned, the law
enforcement officer shall, within 10 days after the wolf-dog cross
is seized, give written notice of the seizure and intent to forfeit
the wolf-dog cross to each of the following persons:
(a) The owner of the wolf-dog cross.
(b) Each person with a known ownership interest in the wolf-
dog cross.
(c) Any person who was injured or whose property was damaged
by the wolf-dog cross.
(3)
The Before January 1,
2015, the notice required under
subsection (2) shall be delivered in person or sent by certified
mail.
If Before January 1, 2015,
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 be
published in a newspaper of general circulation in the county in
which the wolf-dog cross was seized for 10 successive publishing
days. Beginning January 1, 2015, the notice required under
subsection (2) shall be provided by sending the notice by certified
mail and by tier B 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 wolf-dog cross notify the prosecuting attorney for
the county in which the wolf-dog cross was seized or, if the
attorney general is actively handling a case involving or relating
to the wolf-dog cross, the attorney general of the seizure of the
wolf-dog cross and any intent to forfeit the wolf-dog cross under
this act.
Sec. 20. (1) A law enforcement officer shall return a seized
wolf-dog cross to the owner of the wolf-dog cross within 7 days
after the occurrence of any of the following:
(a) The failure to issue a warrant against the owner or person
temporarily in possession of the wolf-dog cross for committing a
misdemeanor under section 15 or to file a complaint under section
16(3) within 10 days after the wolf-dog cross is seized.
(b) The dismissal of charges against the owner or person
temporarily in possession of the wolf-dog cross under section 15 or
of a complaint under section 16(3), as applicable.
(c) The court's determination that an order for the wolf-dog
cross to be forfeited shall not be entered.
(d) The acquittal of the owner or person temporarily in
possession of the wolf-dog cross of any charges under section 15.
(e) Entry of a court order under this act for the return of
the wolf-dog cross.
(2) If a wolf-dog cross is returned under subsection (1), the
law enforcement officer shall give written notice to the persons
who received notice under section 18 that the wolf-dog cross has
been
returned. The Before
January 1, 2015, the notice under this
subsection shall be delivered in person or sent by certified mail.
If
Before January 1, 2015, the name and address of the person are
not reasonably ascertainable or personal delivery of the notice
cannot reasonably be accomplished, the notice shall be published in
a newspaper of general circulation in the county in which the wolf-
dog cross was seized for 10 successive publishing days. Beginning
January 1, 2015, the notice required under this subsection shall be
provided by sending the notice by certified mail and by tier B
public notice as provided in the local government public notice
act.
(3) If the court orders a wolf-dog cross to be forfeited, the
order of forfeiture shall direct that each wolf-dog cross be
transferred to a wildlife sanctuary approved by the association of
sanctuaries, an animal protection shelter, or a zoo accredited by
the American zoo and aquarium association, where the wolf-dog cross
will be safely and humanely cared for as provided by this act.
However, subject to section 10, if the wolf-dog cross killed or
injured a human or an animal, the order of forfeiture may direct
that the wolf-dog cross be humanely euthanized by a veterinarian.
An order of forfeiture shall also revoke any permit that may have
been issued for the wolf-dog cross under section 4 and order
payment of costs under subsection (4). The forfeiture is a civil
forfeiture.
(4) If a wolf-dog cross is seized, the owner of the wolf-dog
cross is liable for the costs of placement and care for the wolf-
dog cross from the time of seizure until the time of return or
forfeiture and, if a wolf-dog cross is ordered to be forfeited and
euthanized, for the costs of humanely euthanizing and disposing of
the wolf-dog cross. This subsection does not apply if the wolf-dog
cross 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. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.
