2002 Legislation
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HOUSE BILL NO. 468 – Personal property, found, dispositn

HOUSE BILL NO. 468

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                       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