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H0468................................by JUDICIARY, RULES AND ADMINISTRATION PERSONAL PROPERTY - FOUND - Adds to existing law to provide for procedures applicable to the disposition of personal property of a certain value found by persons other than the owner of the property. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 468 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PERSONAL PROPERTY; AMENDING SECTION 55-404, IDAHO CODE, TO PROVIDE 3 AN EXCEPTION TO THE REQUIREMENTS APPLICABLE TO THE DISBURSEMENT OF PRO- 4 CEEDS FROM SALES OF PERSONAL PROPERTY; AND AMENDING CHAPTER 4, TITLE 55, 5 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-405, IDAHO CODE, TO PRO- 6 VIDE THAT PERSONS WHO FIND MONEY OR GOODS OF A CERTAIN VALUE MUST NOTIFY 7 THE COUNTY CLERK AND PUBLISH A NOTICE OF SUCH FINDING, TO SPECIFY THAT 8 OWNERS OF FOUND PERSONAL PROPERTY MUST ESTABLISH SUCH OWNERSHIP WITHIN 9 THREE MONTHS, TO PROVIDE FOR FORFEITURE UPON FAILURE TO PROPERLY NOTIFY 10 THE COUNTY CLERK AND PUBLISH NOTICE OF SUCH FINDING, TO PROVIDE FOR NOTICE 11 BY THE COUNTY TREASURER, TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PER- 12 SONAL PROPERTY AND TO REQUIRE THE PAYMENT OF COSTS AND CHARGES INCURRED IN 13 THE FINDING, GIVING OF NOTICE AND CARE AND CUSTODY OF MONEY OR GOODS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 55-404, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 55-404. PROCEEDS OF SALE -- DISBURSEMENT. Except as provided in section 18 55-405, Idaho Code, tThe proceeds of said sale shall be applied first to all 19 costs assessed or incurred against the personal property so sold including any 20 storage charges as keepers' fee and expenses of sale incurred by the sheriff 21 or city police department, and the balance of such proceeds, if any, shall be 22 kept by the sheriff or city police department in a separate fund for a period 23 of one (1) year from the date of sale. Any person claiming title to, or owner- 24 ship of, such proceeds by reason of ownership of such personal property at the 25 time of sale by the sheriff or city police department shall make written 26 application therefor to the sheriff or city police department. If satisfactory 27 proof of such title or ownership is furnished within one (1) year of the 28 receipt of such proceeds, then the said proceeds shall be delivered to the 29 claimant. If no claim and proof is made before the expiration of one (1) year 30 from the receipt of the proceeds, the same shall be paid by the sheriff to the 31 county treasurer or by the city police department to the city clerk who shall 32 credit the same to the general fund of the county or the city, as the case may 33 be, and no claim therefor shall be thereafter considered. 34 SECTION 2. That Chapter 4, Title 55, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 55-405, Idaho Code, and to read as follows: 37 55-405. FOUND PERSONAL PROPERTY. (1) Notwithstanding any other provision 38 of law, any person who finds money or goods valued at one hundred dollars 39 ($100) or more, excepting bombs and destructive devices as defined in section 40 18-3318, Idaho Code, shall, if the owner of the money or goods is unknown, 41 give written notice of the finding within ten (10) days to the county clerk of 2 1 the county in which the money or goods were found. Within twenty (20) days 2 after the date of the finding, the person who finds such money or goods shall 3 cause to be published in a newspaper of general circulation in the county a 4 notice of the finding once each week for two (2) consecutive weeks. Each such 5 notice shall state: 6 (a) A general description of the money or goods found; 7 (b) The address and telephone number of the county clerk's office; and 8 (c) The final date by which such money or goods must be claimed. 9 (2) If no person establishes ownership of the money or goods prior to the 10 expiration of three (3) months from the date of the notice to the county 11 clerk, as provided in subsection (1) of this section, the person who found 12 such money or goods shall be the rightful owner thereof. 13 (3) (a) If any person who finds money or goods valued at one hundred dol- 14 lars ($100) or more, excepting bombs and destructive devices as defined in 15 section 18-3318, Idaho Code, fails to comply with the provisions of sub- 16 section (1) of this section, such person shall be liable to the county for 17 the money or goods or for the value of such money or goods. 18 (b) Upon forfeiture of the money or goods, or the value of such money or 19 goods, as provided in this subsection, the county treasurer shall hold the 20 money or goods or their value for the owner and shall publish in a news- 21 paper of general circulation in the county a notice of the finding once 22 each week for two (2) consecutive weeks. Each such notice shall state: 23 (i) A general description of the money or goods found; 24 (ii) The address and telephone number of the county treasurer's 25 office; and 26 (iii) The final date by which such money or goods must be claimed. 27 (c) If the owner does not reclaim the money or goods within three (3) 28 months after the date of first publication of the notice by the county 29 treasurer, the owner forfeits any rights to the money or goods or the 30 value thereof and: 31 (i) If money, such money shall be placed in the general fund of the 32 county for payment of the general operating expenses of the county; 33 or 34 (ii) If goods, such goods shall be delivered to the sheriff of the 35 county and sold at public auction as provided in section 55-403, 36 Idaho Code. The proceeds of the sale of such goods shall be applied 37 first to the costs of the sale and the remainder shall be placed in 38 the general fund of the county for the payment of the general operat- 39 ing expenses of the county. 40 (4) An owner of money or goods found by another person who establishes a 41 claim to such money or goods within the time period specified in this section 42 shall have restitution of such money or goods, or their value, upon payment to 43 the finder or the county treasurer, as applicable, of all costs and charges 44 incurred in the finding, giving of notice, and care and custody of such money 45 or goods.
STATEMENT OF PURPOSE RS 11678 This legislation intends to make it possible for finders of lost property to obtain permanent ownership of that property if the true owner cannot be located. FISCAL IMPACT There is no fiscal impact on the state. There may be a negligible fiscal impact on the county if the provisions of section 55-406 apply. These costs would ultimately be recovered either from the reclaiming owner or from the found money or goods. Contact Name: Monte MacConnell, Ada Cnty. Sheriff's Office Phone: 208-377-6500 Representative Debbie Field 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 468