Bill Text: MI HB6393 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Animals: other; public notice requirement in animals running at large act; revise to require notice as provided in the local government public notice act. Amends secs. 5 & 6 of 1976 PA 328 (MCL 433.15 & 433.16). TIE BAR WITH: HB 6440'20
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6393 Detail]
Download: Michigan-2019-HB6393-Introduced.html
HOUSE BILL NO. 6393
November 12, 2020, Introduced by Reps. Steven
Johnson and Meerman and referred to the Committee on Government Operations.
A bill to amend 1976 PA 328, entitled
"An act to regulate animals running at large; to provide for compensation for damage done by animals running at large; to prescribe penalties; and to repeal certain acts and parts of acts,"
by amending sections 5 and 6 (MCL 433.15 and 433.16).
the people of the state of michigan enact:
Sec. 5. A law enforcement agency which that takes custody or possession of an animal under this act shall do both of the following:
(a) If the owner of the animal is known, return the animal to its owner, unless the owner refuses to make reparation as provided in under section 3.
(b) If Before January 1, 2022, if the owner of the animal is not known, give notice in a newspaper of general circulation in the area that the animal is in the custody or possession of the law enforcement agency. Beginning January 1, 2022, if the owner of the animal is not known, give public notice as provided in the local government public notice act that the animal is in the custody or possession of the law enforcement agency. The notice shall required under this subsection must include a description of the animal and the location where the animal was seized. If the animal is not claimed within 15 days after publication of the notice, the animal may be sold at public auction pursuant to under section 6.
Sec. 6. (1) A law enforcement agency which that has in its custody or possession an unclaimed animal for not less than 15 days after giving notice as required in section 5, may sell the animal at public auction.
(2) Notice Before January 1, 2022, notice of the public auction shall must be given in a newspaper of general circulation in the area not less than 21 nor and not more than 30 days prior to before the day of sale. Beginning January 1, 2022, notice of the public auction must be given at least 14 days and not more than 30 days before the day of sale using public notice as provided in the local government public notice act. The notice shall required under this subsection must list the number and species of animals to be sold and shall must specify the time and place of the sale.
(3) The animals shall must be sold to the highest bidder at the auction. The proceeds derived from the sale of the animals shall must be used first to pay any expenses incurred by the law enforcement agency in caring for and keeping the animals; second, to pay the expenses of the sale; and third, any balance remaining shall must be paid to the city or township treasurer of the city or township in which the animal was seized and credited to the general fund of that city or township.
(4) An animal sold pursuant to under this section may be redeemed at any time within 3 months following the sale, if the owner pays the sale purchaser the amount paid at the sale plus a reasonable compensation for the care and keeping of the animal.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
