HB-5718, As Passed House, December 20, 2018

HB-5718, As Passed Senate, December 18, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5718

     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 the title and sections 1, 2, 3, and 4 (MCL 434.181,

434.182, 434.183, and 434.184), the title and section 1 as amended

by 2006 PA 556 and sections 2, 3, and 4 as amended by 1984 PA 258,

and by adding section 1a; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to provide for the disposition and sale of certain

stolen or abandoned property recovered or discovered within a

county, city, village, or township; and to provide for the

disposition of the proceeds of sale and certain other property.

Sec. 1. (1) Except as otherwise provided by law and in this

section, a law enforcement agency of a city, village, or township

that recovers stolen property or discovers abandoned personal

property within the county, city, village, or township , which that

is unclaimed for 6 months after recovery or discovery , shall

report the recovery or discovery of that property, including money,

to the county board of commissioners, city or village council, or

township board of trustees and shall request authority to dispose

of the property as provided in this act. or The law enforcement

agency of a city, village, or township may request 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.this act.

     (2) If the property is an abandoned or stolen bicycle, the law

enforcement agency may request authority from its governing body

the county board of commissioners, city or village council, or

township board of trustees 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 the county board of commissioners, city

or village council, or township board of trustees 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.

     Sec. 1a. As used in this act:

     (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) "Law enforcement agency" means the sheriff of a county, or

the law enforcement agency of a city, village, or township.

     (c) "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 county board of commissioners, 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 agency of the city,

village, or township to give the property to the sheriff of the

county, the law enforcement officer agency shall deliver the

property to the sheriff within 10 days.

     (3) If the county board of commissioners, city or village

council, or township board of trustees authorizes the law

enforcement officer agency to dispose of the property pursuant to

through sale under this act, the law enforcement officer agency

shall conduct a sale of the property in the manner as provided in

subsection (4).

     (4) The If the law enforcement agency is authorized to dispose

of the property by sale, the law enforcement officer agency 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 agency 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. agency. 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 county board of commissioners, 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.

     Sec. 3. The law enforcement officer agency shall conduct the a

sale of the unclaimed property and shall deposit the proceeds of

the sale, and money not subject to public sale, after deducting the

cost of the sale, including reasonable appraisal fees, with the

county, city, village, or township treasurer to the credit of the

county, city, village, or township general fund.

     Sec. 4. (1) If, within 6 months after the sale under section

2(4), the owner of the property files with the county board of

commissioners, city or village council, or township board of

trustees a claim for the property and proves a right to the

property, the county board of commissioners, city or village

council, or township board of trustees shall direct the treasurer

who received the proceeds of the sale of that property to pay the

owner the amount of proceeds or the face value of money not subject

to the public sale provision contained in this act. The county

board of commissioners, city or village council, or township board

of trustees shall not approve any claims filed more than 6 months

after the sale.

     (2) A law enforcement officer agency disposing of property as

provided in this act shall is not be liable to the owner of that

property.

     Enacting section 1. 1959 PA 54, MCL 434.171 to 434.174, is

repealed.

     Enacting section 2. This amendatory act takes effect 90 days

after the date it is enacted into law.