Text: H08879 Text: H08881 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2245, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Section 1. Section 80.39, Code 1999, is amended
1 6 to read as follows:
1 7 80.39 DISPOSITION OF PERSONAL PROPERTY.
1 8 1. Personal property, except for motor vehicles
1 9 subject to sale pursuant to section 321.89, and
1 10 seizable property subject to disposition pursuant to
1 11 chapter 809 or 809A, which personal property is found
1 12 or seized by, turned in to, or otherwise lawfully
1 13 comes into the possession of the department of public
1 14 safety or a local law enforcement agency and which the
1 15 department or agency does not own, shall be disposed
1 16 of pursuant to this section. If by examining the
1 17 property the owner or lawful custodian of the property
1 18 is known or can be readily ascertained, the department
1 19 or agency shall notify the owner or custodian by
1 20 certified mail directed to the owner's or custodian's
1 21 last known address, as to the location of the
1 22 property. If the identity or address of the owner
1 23 cannot be determined, notice by one publication in a
1 24 newspaper of general circulation in the area where the
1 25 property was found is sufficient notice. A published
1 26 notice may contain multiple items.
1 27 2. The department or agency may return the
1 28 property to a person if that person or the person's
1 29 representative does all of the following:
1 30 a. Appears at the location where the property is
1 31 located.
1 32 b. Provides proper identification.
1 33 c. Demonstrates ownership or lawful possession of
1 34 the property to the satisfaction of the department or
1 35 agency.
1 36 3. After ninety days following the mailing or
1 37 publication of the notice required by this section, or
1 38 if the owner or lawful custodian of the property is
1 39 unknown or cannot be readily determined, or the
1 40 department or agency has not turned the property over
1 41 to the owner, the lawful custodian, or the owner's or
1 42 custodian's representative, the department or agency
1 43 may dispose of the property in any lawful way,
1 44 including but not limited to the following:
1 45 a. Selling the property at public auction with the
1 46 proceeds, less department or agency expenses, going to
1 47 the general fund of the state if sold by the
1 48 department, the general fund of the county if sold by
1 49 a county agency, and the general fund of a city if
1 50 sold by a city agency, however, the department or
2 1 agency shall be reimbursed from the proceeds for the
2 2 reasonable expenses incurred in selling the property
2 3 at the auction.
2 4 b. Retaining the property for the department's or
2 5 agency's own use.
2 6 c. Giving the property to another agency of
2 7 government.
2 8 d. Giving the property to an appropriate
2 9 charitable organization.
2 10 e. Destroying the property.
2 11 4. Except when a person appears in person or
2 12 through a representative within the time periods set
2 13 by this section, and satisfies the department or
2 14 agency that the person is the owner or lawful
2 15 custodian of the property, disposition of the property
2 16 shall be at the discretion of the department or
2 17 agency. The department or agency shall maintain the
2 18 receipt and disposition records for all property
2 19 processed under this section. Good faith compliance
2 20 with this section is a defense to any claim or action
2 21 at law or in equity regarding the disposition of the
2 22 property."
2 23 #2. Page 3, by inserting after line 32 the
2 24 following:
2 25 "Sec. . Section 331.652, Code 1999, is amended
2 26 by adding the following new subsection:
2 27 NEW SUBSECTION. 8. The sheriff may dispose of
2 28 personal property under section 80.39."
2 29 #3. Page 4, by inserting after line 9 the
2 30 following:
2 31 "Sec. . Section 364.22, Code 1999, is amended
2 32 by adding the following new subsection:
2 33 NEW SUBSECTION. 14. A police department may
2 34 dispose of personal property under section 80.39."
2 35 #4. Title page, line 1, by inserting after the
2 36 words "relating to" the following: "disposition of
2 37 personal property by a law enforcement agency, and
2 38 to".
2 39
2 40
2 41
2 42 JAGER of Black Hawk
2 43
2 44
2 45
2 46 MASCHER of Johnson
2 47 SF 2245.705 78
2 48 jm/cls
Text: H08879 Text: H08881 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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