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MI SB1214
Bill
AI Summary
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Amends MCL 207.1130 of the Motor Fuel Tax Act to modify procedures for notifying persons of seized motor vehicles and property within 5 business days of seizure.
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Requires inventory statements to include notice that property will be forfeited to the state unless a hearing demand is filed within 10 business days of delivery.
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Persons whose property is seized or claiming an interest may demand a hearing before the department's commissioner within 10 business days (or 10 business days after last publication if owner is unknown) to challenge the lawfulness of seizure and forfeiture.
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Department must hold the hearing within 15 business days of receiving the demand and render a written decision within 10 business days after the hearing; aggrieved persons may appeal to circuit court within 20 days of the department's determination.
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Permits the department and aggrieved person to mutually agree to sell seized fuel during pending appeals to release the vehicle, with proceeds held in escrow pending final resolution; forfeited fuel may be sold at public sale with at least 5 days notice, with up to 25% of proceeds going to the seizing law enforcement agency and remaining balance to the Michigan transportation fund.
Legislative Description
Civil procedure; other; release of vehicle seized under the motor fuel tax act if person arrested is released without charges or is acquitted or if charges are dismissed; provide for. Amends sec. 130 of 2000 PA 403 (MCL 207.1130). TIE BAR WITH: SB 1212'10
Civil procedure, costs and fees
Last Action
Referred To Committee On Judiciary
3/9/2010