March 6, 2003, Introduced by Senators LELAND, SCHAUER, BERNERO, EMERSON, CHERRY, JACOBS, CLARK-COLEMAN, THOMAS, PATTERSON, CASSIS, GARCIA, TOY, GOSCHKA, CLARKE, OLSHOVE and BRATER and referred to the Committee on Judiciary.
A bill to amend 2000 PA 403, entitled
"Motor fuel tax act,"
by amending section 130 (MCL 207.1130).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 130. (1) As soon as possible, but not more than 5
2 business days after seizure of a motor vehicle and its cargo
3 under section 129, the person making the seizure shall deliver
4 personally or by registered mail to the last known address of the
5 person from whom the seizure was made, if known, an inventory
6 statement of the motor vehicle, motor fuel, or other property
7 seized. A copy of the inventory statement shall also be filed
8 with the department.
9 (2) In addition to notice of the property seized, the
10 inventory statement required by subsection (1) shall contain a
11 notice that unless demand for a hearing as provided in this
1 section is made within 10 business days after the date the
2 inventory statement was delivered, the property is forfeited to
3 the state.
4 (3) If the person
from whom the a seizure described in
5 subsection (1) was made is not known, the person making the
6 seizure shall cause have
a copy of the inventory statement ,
7 together with the
notice provided for in this section, to be
8 required by subsection (1) and the notice under subsection (2)
9 published not less than 3 times in a newspaper of general
10 circulation in the county where the seizure was made.
11 (4) Within 10 business days after the date of service of the
12 inventory statement required
under subsection (1) or, in the
13 case of publication if the notice is published under subsection
14 (3), within 10 business days after the date of last publication,
15 the person from whom the property was seized or any person
16 claiming an interest in the property may by registered mail,
17 facsimile transmission, or personal service file with the
18 department a demand for a hearing before the commissioner for a
19 determination as to whether
the property was lawfully subject
20 to seizure and forfeiture. The person shall verify a request for
21 hearing filed by facsimile transmission by also providing a copy
22 of the original request for hearing by registered mail or
23 personal service.
24 (5) The A
person or persons are who demands a hearing
25 under subsection (4) is
entitled to appear at a the hearing
26 before the department, to be represented by counsel, and to
27 present testimony and argument.
1 (6) Upon receipt
of a request for hearing, the The
2 department shall hold the
a hearing requested under subsection
3 (4) within 15 business days after receiving the request. The
4 hearing is not a contested case proceeding and is not subject to
5 the administrative procedures act of 1969, 1969 PA 306,
6 MCL 24.201 to 24.328.
7 (7) After the
hearing, the The department shall render
8 its a decision in writing within 10 business days
after the
9 hearing held under subsection (4) and, by order, shall either
10 declare the seized property subject to seizure and forfeiture, or
11 declare the property returnable in whole or in part to the person
12 entitled to possession.
13 (8) If, within 10 business days after the date of service of
14 the inventory statement required by subsection (1), the person
15 from whom the property was seized or any person claiming an
16 interest in the property does not file with the department a
17 demand for a hearing before the department, the property seized
18 shall be considered forfeited to the state by operation of law
19 and may be disposed of by the department as provided in this
20 section.
21 (9) If, after a hearing, the department determines that the
22 property described in subsection (1) is lawfully subject to
23 seizure and forfeiture and the person from whom the property was
24 seized or any persons claiming an interest in the property do not
25 take an appeal to the circuit court of the county in which the
26 seizure was made within the time prescribed in this section, the
27 property seized shall be considered forfeited to the state by
1 operation of law and may be disposed of by the department as
2 provided in this section.
3 (10) If a person
is aggrieved by the A person aggrieved by
4 a decision of the
department , that person under this section
5 may appeal to the circuit court of the county where the seizure
6 was made to obtain a judicial determination of the lawfulness of
7 the seizure and forfeiture. The action shall be commenced within
8 20 days after notice of the department's determination is sent to
9 the person or persons claiming an interest in the seized
10 property. The court shall hear the action and determine the
11 issues of fact and law involved in accordance with rules of
12 practice and procedure as in other in rem proceedings. If a
13 judicial determination of the lawfulness of the seizure and
14 forfeiture cannot be made before deterioration of any of the
15 property seized, the court shall order the sale of the property
16 with public notice as determined by the court and require the
17 proceeds to be deposited with the court until the lawfulness of
18 the seizure and forfeiture is finally adjudicated.
19 (11) Section 2974 of the revised judicature act of 1961, 1961
20 PA 236, MCL 600.2974, applies to a motor vehicle that has been
21 seized under this act but not finally forfeited.
22 (12) (11) During
the pendency of any filing for appeal,
23 hearing, or rendering
of decision, the aggrieved person and the
24 department may by mutual consent agree to sale of the fuel in
25 order to facilitate release of the vehicle containing the fuel.
26 The proceeds from the sale shall be held in escrow by the
27 department pending the department's decision and an appeal, if
1 any, from the department's decision.
2 (13) (12) The
department may sell fuel forfeited under this
3 act at public sale. Public notice of the sale shall be given at
4 least 5 days before the date of sale. The department may pay an
5 amount not to exceed 25% of the proceeds of the sale to the local
6 governmental unit whose law enforcement agency performed the
7 seizure. The balance of the proceeds derived from the sale by
8 the department shall be credited to the Michigan transportation
9 fund.
10 Enacting section 1. This amendatory act does not take
11 effect unless Senate Bill No. 259
12 of the 92nd Legislature is enacted into
13 law.