December 18, 2009, Introduced by Reps. Leland, Valentine, Tlaib, Melton, Womack, Geiss, Constan and Liss 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:
Sec. 130. (1) As soon as possible, but not more than 5
business days after seizure of a motor vehicle and its cargo under
section 129, the person making the seizure shall deliver personally
or by registered mail to the last known address of the person from
whom the seizure was made, if known, an inventory statement of the
motor vehicle, motor fuel, or other property seized. A copy of the
inventory statement shall also be filed with the department.
(2) In addition to notice of the property seized, the
inventory statement required by subsection (1) shall contain a
notice that unless demand for a hearing as provided in this section
is made within 10 business days after the date the inventory
statement was delivered, the property is forfeited to the state.
If the person from whom
the a seizure
subsection (1) was made is not known, the person making the seizure
cause have a copy of the inventory statement , together
notice provided for in this section, to be required by
subsection (1), and including the notice under subsection (2),
published not less than 3 times in a newspaper of general
circulation in the county where the seizure was made.
(4) Within 10 business days after the date of service of the
statement required under
subsection (1) or,
in the case of
publication if the notice is
published under subsection (3),
within 10 business days after the date of last publication, the
person from whom the property was seized or any person claiming an
interest in the property may by registered mail, facsimile
transmission, or personal service file with the department a demand
a hearing before the commissioner for a determination
whether the property was lawfully subject to seizure and
forfeiture. The person shall verify a request for hearing filed by
facsimile transmission by also providing a copy of the original
request for hearing by registered mail or personal service.
The A person or persons are who demands a hearing under
(4) is entitled to appear at
hearing before the
department, to be represented by counsel, and to present testimony
Upon receipt of a request for hearing, the The
the a hearing
requested under subsection (4) within
business days after receiving the request. The hearing is not a
contested case proceeding and is not subject to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
After the hearing, the The department shall render its a
decision in writing within 10 business days after the hearing held
under subsection (6) and, by order, shall either declare the seized
property subject to seizure and forfeiture, or declare the property
returnable in whole or in part to the person entitled to
(8) If, within 10 business days after the date of service of
the inventory statement required by subsection (1), the person from
whom the property was seized or any person claiming an interest in
the property does not file with the department a demand for a
hearing before the department, the property seized shall be
considered forfeited to the state by operation of law and may be
disposed of by the department as provided in this section.
(9) If, after a hearing, the department determines that the
property described in subsection (1) is lawfully subject to seizure
and forfeiture and the person from whom the property was seized or
any persons claiming an interest in the property do not take an
appeal to the circuit court of the county in which the seizure was
made within the time prescribed in this section, the property
seized shall be considered forfeited to the state by operation of
law and may be disposed of by the department as provided in this
If a person is aggrieved by the A
person aggrieved by a
of the department
, that person under
this section may
appeal to the circuit court of the county where the seizure was
made to obtain a judicial determination of the lawfulness of the
seizure and forfeiture. The action shall be commenced within 20
days after notice of the department's determination is sent to the
person or persons claiming an interest in the seized property. The
court shall hear the action and determine the issues of fact and
law involved in accordance with rules of practice and procedure as
in other in rem proceedings. If a judicial determination of the
lawfulness of the seizure and forfeiture cannot be made before
deterioration of any of the property seized, the court shall order
the sale of the property with public notice as determined by the
court and require the proceeds to be deposited with the court until
the lawfulness of the seizure and forfeiture is finally
(11) Section 2977 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2977, applies to a motor vehicle that has been
seized under this act but not finally forfeited.
During the pendency of any filing for appeal,
rendering of decision, the aggrieved person and the
department may by mutual consent agree to sale of the fuel in order
to facilitate release of the vehicle containing the fuel. The
proceeds from the sale shall be held in escrow by the department
pending the department's decision and an appeal, if any, from the
The department may sell fuel forfeited under this
act at public sale. Public notice of the sale shall be given at
least 5 days before the date of sale. The department may pay an
amount not to exceed 25% of the proceeds of the sale to the local
governmental unit whose law enforcement agency performed the
seizure. The balance of the proceeds derived from the sale by the
department shall be credited to the Michigan transportation fund.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5725(request no.
01506'09) of the 95th Legislature is enacted into law.