HOUSE BILL No. 5989

 

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.