HomeMy WebLinkAboutResolutions - 2009.12.09 - 9717REPORT (misc. #09261) December 9, 2009
BY: GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson
RE: MR #09261 — BOARD OF COMMISSIONERS — SUPPORT FOR SB 750 AND HB 5213
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on
November 30, 2009, hereby recommends that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried on a roll call vote with Taub and Runestad voting no.
MISCELLANEOUS RESOLUTION #09261
BY: Commissioner Tim Greimel, District #11
IN RE: BOARD OF COMMISSIONERS — SUPPORT FOR SB 750 AND HB 5213
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS drug-related crime remains a serious problem in the State of Michigan, including
Oakland Countye and
WHEREAS existing law allows law enforcement agencies to seize real property, including
buildings and other structures, that is used by criminals in connection with drug-related crime;
and
WHEREAS the forfeiture of real property used in connection with drug-related crime provides
an important disincentive to the selling and trafficking of drugs, vvhile simultaneously providing
an additional resources to law enforcement agencies; and
WHEREAS under existing law, forfeiture proceedings can take a very long time, thereby
lessening the disincentive to the selling and trafficking of drugs and delaying the delivery of
needed resources to law enforcement agencies that combat the drug trade; and
WHEREAS state Senator John Pappageorge has introduced Senate Bill 750, and state
Representative Marie Donigan has introduced House Bill 5213; and
WHEREAS SB 750 and HR 5213 would allow seizing agencies to expedite forfeiture
proceedings after obtaining the approval of county prosecutors or the state attorney general on
the basis that the forfeited buidlingistructum presents a health or safety risk; and
WHEREAS SB 750 and FIB 5213 would continue to ensure that those who own or have another
legal interest in real property are still provided with adequate due process protections; and
WHEREAS SR 750 and HR 5213 would specify that an seizing agency could dispose of
forfeited property by: (a) preserving it for historic purposes; (b) converting it to a park or natural
area; (c) demolishing it; or (d) conveying it to the state, a local unit of government, or a non-
profit entity to: (i) use as a facility in which to provide substance abuse treatments and
rehabilitation services, (ii) use as a facility in which to provide drug resistance education Cr
crime prevention education; (iii) use as a facility in which to provide job training skills to
members of the community; or (iv) use as a facility to provide housing to individuals whithin the
community who are displaced due to drug crime; and
WHEREAS SB 750 and HB 5213 would consequently strengthen the ability of law enforcement
agencies to enforce our state and nation's drug laws and stymie the selling and trafficking of
drugs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby supports SB 750 and HR 5213, encourages the state Senate and state House of
Representatives to pass them, and encourages Governor Jennifer Granholrn to sign such a bill.
BE IT FURTHER RESOLVES that the Oakland County Board of Commissioners asks the
Oakland County Clerk to send copies of this resolution to all members of the Michigan
Legislature and to Governor Jennifer Granholm,
Chairperson, I move the foregoing resolution.
Commissioner Tim Greimel
District #11
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Resolution #09261 October 29, 2009
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections,
Resolution #09261 December 9. 2009
Moved by Long supported by Greimel the resolution be adopted.
Moved by Long supported by Greimel the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Discussion followed.
Vote on resolution:
AYES: Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash,
Potter, Potts. Runestad, Schwartz. Scott. Taub. Woodward, Zack, Bullard, Burns, Cabello.
Coleman, Coulter, Douglas. Gershenson, Gingell. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
DOES NOT REWIRE COUNTY EXECUTIVE ACM
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December
9, 2009, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Michigan this 9th day of December, 2009.
,e44
Ruth Johnson, County Clerk