Text: HF02522 Text: HF02524 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80.39, Code 1999, is amended to read as 1 2 follows: 1 3 80.39 DISPOSITION OF PERSONAL PROPERTY. 1 4 1. Personal property, except for motor vehicles subject to 1 5 sale pursuant to section 321.89, and seizable property subject 1 6 to disposition pursuant to chapter 809 or 809A, which personal 1 7 property is found or seized by, turned in to, or otherwise 1 8 lawfully comes into the possession of the department of public 1 9 safety or a local law enforcement agency and which the 1 10 department or agency does not own, shall be disposed of 1 11 pursuant to this section. If by examining the property the 1 12 owner or lawful custodian of the property is known or can be 1 13 readily ascertained, the department or agency shall notify the 1 14 owner or custodian by certified mail directed to the owner's 1 15 or custodian's last known address, as to the location of the 1 16 property. If the identity or address of the owner cannot be 1 17 determined, notice by one publication in a newspaper of 1 18 general circulation in the area where the property was found 1 19 is sufficient notice. A published notice may contain multiple 1 20 items. 1 21 2. The department or agency may return the property to a 1 22 person if that person or the person's representative does all 1 23 of the following: 1 24 a. Appears at the location where the property is located. 1 25 b. Provides proper identification. 1 26 c. Demonstrates ownership or lawful possession of the 1 27 property to the satisfaction of the department or agency. 1 28 3. After ninety days following the mailing or publication 1 29 of the notice required by this section, or if the owner or 1 30 lawful custodian of the property is unknown or cannot be 1 31 readily determined, or the department or agency has not turned 1 32 the property over to the owner, the lawful custodian, or the 1 33 owner's or custodian's representative, the department or 1 34 agency may dispose of the property in any lawful way, 1 35 including but not limited to the following: 2 1 a. Selling the property at public auction with the 2 2 proceeds, less department or agency expenses, going to the 2 3 general fund of the state if sold by the department, the rural 2 4 services fund if sold by a county agency, and the general fund 2 5 of a city if sold by a city agency, however, the department or 2 6 agency shall be reimbursed from the proceeds for the 2 7 reasonable expenses incurred in selling the property at the 2 8 auction. 2 9 b. Retaining the property for the department's or agency's 2 10 own use. 2 11 c. Giving the property to another agency of government. 2 12 d. Giving the property to an appropriate charitable 2 13 organization. 2 14 e. Destroying the property. 2 15 4. Except when a person appears in person or through a 2 16 representative within the time periods set by this section, 2 17 and satisfies the department or agency that the person is the 2 18 owner or lawful custodian of the property, disposition of the 2 19 property shall be at the discretion of the department or 2 20 agency. The department or agency shall maintain the receipt 2 21 and disposition records for all property processed under this 2 22 section. Good faith compliance with this section is a defense 2 23 to any claim or action at law or in equity regarding the 2 24 disposition of the property. 2 25 Sec. 2. Section 331.652, Code 1999, is amended by adding 2 26 the following new subsection: 2 27 NEW SUBSECTION. 8. The sheriff may dispose of personal 2 28 property under section 80.39. 2 29 Sec. 3. Section 364.22, Code 1999, is amended by adding 2 30 the following new subsection: 2 31 NEW SUBSECTION. 14. A police department may dispose of 2 32 personal property under section 80.39. 2 33 EXPLANATION 2 34 This bill relates to the disposition of certain personal 2 35 property which has been found by, seized by, turned in to, or 3 1 otherwise comes into the lawful possession of a local law 3 2 enforcement agency. The bill provides that a local law 3 3 enforcement agency may use the same procedures to dispose of 3 4 personal property as the department of public safety. 3 5 The bill provides that an agency may dispose of personal 3 6 property 90 days after mailing notice to the last known 3 7 address of the owner or publishing notice that the agency is 3 8 in possession of the personal property. The bill provides 3 9 that an agency may dispose of the property by selling the 3 10 property at auction, retaining the property for the agency's 3 11 own use, giving the property to another agency, giving the 3 12 property to charity, or destroying the property. 3 13 The bill provides that if the local law enforcement agency 3 14 sells the property, the proceeds from the sale after 3 15 reimbursement of expenses shall be deposited in the rural 3 16 services fund if the selling agency is a county agency, or 3 17 deposited in a city's general fund if the selling agency is a 3 18 city agency. 3 19 The bill is not applicable to abandoned motor vehicles or 3 20 seized property subject to disposition under Code chapter 809 3 21 or 809A. 3 22 LSB 5285HV 78 3 23 jm/cf/24
Text: HF02522 Text: HF02524 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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