Sec. 1. 15 MRSA §5822, sub-§4, ķA, as amended by PL 1991, c. 461, §2, is further amended to read:

A. To the extent that the court finds it appropriate and with the written consent of the Attorney General, the court may order forfeiture of as much of the property as is appropriate to a municipality, county or state agency, or to the district attorneys budget within the Department of the Attorney General, that has made a substantial contribution to the investigation or prosecution of a related criminal case, subject to the requirements of section 5824.

When property is forfeited and transferred to a municipality in accordance with section 5824, the legislative body a municipal officer of the municipality shall determine the disposition of the property. When property is forfeited and transferred to a county in accordance with section 5824, the county commissioners shall determine the disposition of the property.

Sec. 2. 15 MRSA §5824, sub-§3, as enacted by PL 1987, c. 420, §2, is amended to read:

3. Municipality; agency or department. In the case of an agency or department of a municipality, the legislative body a municipal officer of the municipality.

Sec. 3. 30-A MRSA §5655, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:

§5655. Unconditional gifts

A gift without conditions, of any type of property, offered to a municipality shall may be accepted or rejected by its legislative body, except for forfeited assets conveyed to the municipality pursuant to Title 15, chapter 517, which may be accepted or rejected by a municipal officer.

SUMMARY

Currently, a person's assets used in the act of trafficking illegal drugs may be forfeited upon conviction and turned over to the enforcement authorities responsible for the conviction according to a specific judicial process. With respect to municipal government, the completion of that process is delayed because Maine law requires a municipal legislative body, which in most cases is the voters at a town meeting, to accept any