Print Friendly HOUSE BILL NO. 468 – Personal property, found, dispositn
HOUSE BILL NO. 468
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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 - 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, t The 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
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;
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
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.
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.
Name: Monte MacConnell, Ada Cnty. Sheriff's Office
Representative Debbie Field
STATEMENT OF PURPOSE/FISCAL NOTE H 468