Section 333.7524a - Annual report by local unit of government regarding forfeiture activities; contents; audit of records.

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978

333.7524a Annual report by local unit of government regarding forfeiture activities; contents; audit of records.

Sec. 7524a.

(1) Before February 1 of each year, each local unit of government that had forfeiture proceedings pending in the circuit court pursuant to section 7523; or effectuated a forfeiture of property pursuant to section 7523 without a forfeiture proceeding in the circuit court; or received money, negotiable instruments, securities, or any other thing of value pursuant to section 7524 during the fiscal year for the local unit of government ending in the immediately preceding calendar year shall submit a report to the office of drug agencies for analysis and transmittal to the secretary of the senate and the clerk of the house of representatives. The annual report shall be a summary of the local unit of government's activities regarding the forfeiture of property under this article and pursuant to section 17766a for the fiscal year and shall contain the following information, as applicable:

(a) The number of forfeiture proceedings that were instituted in the circuit court by the local unit of government.

(b) The number of forfeiture proceedings instituted by the local unit of government that were concluded in the circuit court.

(c) The number of all forfeiture proceedings instituted by the local unit of government that were pending in the circuit court at the end of the year.

(d) The number of forfeitures accomplished by the local unit of government without filing a forfeiture proceeding in the circuit court.

(e) The net total proceeds of all property forfeited under this article and pursuant to section 17766a through forfeitures instituted by the local unit of government that the local unit of government is required to account for and report to the state treasurer pursuant to either of the following, as applicable:

(i) Act No. 71 of the Public Acts of 1919, being sections 21.41 to 21.53 of the Michigan Compiled Laws.

(ii) The uniform budgeting and accounting act, Act No. 2 of the Public Acts of 1968, being sections 141.421 to 141.440a of the Michigan Compiled Laws.

(f) An inventory of property received by the local unit of government pursuant to section 7524 and section 17766a, including, but not limited to, all of the following:

(i) all of the following real property:

(A) Single-family residential.

(B) Multiple-family residential.

(C) Industrial.

(D) Commercial.

(E) Agricultural.

(ii) Any type of conveyance described in section 7521(1)(d), including the year, make, and model.

(iii) Money, negotiable instruments, and securities.

(iv) The total value of personal property, excluding personal property described in subparagraphs (ii) and (iii).

(g) A statement explaining how the money received by the local unit of government pursuant to section 7524(1)(b)(ii) has been used or is being used to enhance the law enforcement efforts pertaining to this article or section 17766a.

(h) A statement of the number of lights for plant growth or scales donated under section 7524(2), the total value of those lights or scales, and the elementary or secondary schools or institutions of higher education to which they were donated.

(2) The records of a local unit of government described in subsection (1) regarding the forfeiture of property under this article or pursuant to section 17766a shall be audited in accordance with 1 of the following, as applicable:

(a) Act No. 71 of the Public Acts of 1919, being sections 21.41 to 21.53 of the Michigan Compiled Laws.

(b) The uniform budgeting and accounting act, Act No. 2 of the Public Acts of 1968, being sections 141.421 to 141.440a of the Michigan Compiled Laws.

(3) The records of a local unit of government described in subsection (1) regarding the forfeiture of property under this article or pursuant to section 17766a may be audited by an auditor of the local unit of government.


History: Add. 1990, Act 336, Eff. Apr. 1, 1991 ;-- Am. 1994, Act 8, Imd. Eff. Feb. 24, 1994
Popular Name: Act 368