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
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 29 03:35:26 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/02500/HF02523/000229.html
jhf