December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 2000 PA 274, entitled
"Large carnivore act,"
by amending sections 18 and 20 (MCL 287.1118 and 287.1120).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. (1) A law enforcement officer may return a seized
large carnivore to the owner of the large carnivore if the law
enforcement officer is satisfied that the conditions resulting in
the seizure have been corrected. If the large carnivore was seized
pursuant to process issued by a court, the law enforcement officer
shall obtain approval of the court before returning the large
carnivore.
(2) Unless the large carnivore has been returned, the law
enforcement officer shall, within 10 days after the large carnivore
is seized, give written notice of the seizure and intent to forfeit
the large carnivore to each of the following persons:
(a) The owner of the large carnivore.
(b) Any person who was injured or whose property was damaged
by the large carnivore.
(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 large carnivore 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 large carnivore notify the prosecuting attorney for
the county in which the large carnivore was seized or, if the
attorney general is actively handling a case involving or relating
to the large carnivore, the attorney general of the seizure of the
large carnivore and any intent to forfeit the large carnivore under
this act.
Sec. 20. (1) A law enforcement officer shall return a seized
large carnivore to the owner of the large carnivore within 7 days
after the occurrence of any of the following:
(a) The failure to issue a warrant against the owner of the
large carnivore for committing a misdemeanor under section 15 or to
file a complaint under section 16(3) within 10 days after the large
carnivore is seized.
(b) The dismissal of charges against the owner of the large
carnivore under section 15 or of a complaint under section 16(3),
as applicable.
(c) The court's determination that an order for the large
carnivore to be forfeited shall not be entered.
(d) The acquittal of the owner of the large carnivore of any
charges under section 15.
(e) Entry of a court order under this act for the return of
the large carnivore.
(2) If a large carnivore is returned under subsection (1), the
law enforcement officer shall give written notice to the persons
who received notice under section 18 that the large carnivore 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, 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 large
carnivore 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 large carnivore to be forfeited, the
order of forfeiture shall direct that each large carnivore 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 large
carnivore will be safely and humanely cared for. However, subject
to section 10, if the large carnivore killed or injured a human or
an animal, the order of forfeiture may direct that the large
carnivore be humanely euthanized by a veterinarian. An order of
forfeiture shall also revoke any permit that may have been issued
for the large carnivore under section 4 and order payment of costs
under subsection (4). The forfeiture is a civil forfeiture.
(4) If a large carnivore is seized, the owner of the large
carnivore is liable for the costs of placement and care for the
large carnivore from the time of seizure until the time of return
or forfeiture and, if a large carnivore is ordered to be forfeited
and euthanized, for the costs of humanely euthanizing and disposing
of the large carnivore. This subsection does not apply if the large
carnivore 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.