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H0602................................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.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 68-1-1
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger,
Roberts, Robison, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr.
Speaker
NAYS -- Sali
Absent and excused -- Mortensen
Floor Sponsor - Field(13)
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Richardson
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/20 Governor signed
Session Law Chapter 131
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 602
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, TO REQUIRE THE PAYMENT OF COSTS AND CHARGES INCURRED IN
13 THE FINDING, GIVING OF NOTICE AND CARE AND CUSTODY OF MONEY OR GOODS AND
14 TO LIMIT APPLICATION.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 55-404, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 55-404. PROCEEDS OF SALE -- DISBURSEMENT. Except as provided in section
19 55-405, Idaho Code, tThe proceeds of said sale shall be applied first to all
20 costs assessed or incurred against the personal property so sold including any
21 storage charges as keepers' fee and expenses of sale incurred by the sheriff
22 or city police department, and the balance of such proceeds, if any, shall be
23 kept by the sheriff or city police department in a separate fund for a period
24 of one (1) year from the date of sale. Any person claiming title to, or owner-
25 ship of, such proceeds by reason of ownership of such personal property at the
26 time of sale by the sheriff or city police department shall make written
27 application therefor to the sheriff or city police department. If satisfactory
28 proof of such title or ownership is furnished within one (1) year of the
29 receipt of such proceeds, then the said proceeds shall be delivered to the
30 claimant. If no claim and proof is made before the expiration of one (1) year
31 from the receipt of the proceeds, the same shall be paid by the sheriff to the
32 county treasurer or by the city police department to the city clerk who shall
33 credit the same to the general fund of the county or the city, as the case may
34 be, and no claim therefor shall be thereafter considered.
35 SECTION 2. That Chapter 4, Title 55, Idaho Code, be, and the same is
36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
37 ignated as Section 55-405, Idaho Code, and to read as follows:
38 55-405. FOUND PERSONAL PROPERTY. (1) Notwithstanding any other provision
39 of law, any person who finds money or goods valued at one hundred dollars
40 ($100) or more, excepting firearms, explosives or other deadly weapons as
41 identified in chapter 33, title 18, Idaho Code, shall, if the owner of the
2
1 money or goods is unknown, give written notice of the finding within ten (10)
2 days to the county clerk of the county in which the money or goods were found.
3 Within twenty (20) days after the date of the finding, the person who finds
4 such money or goods shall cause to be published in a newspaper of general cir-
5 culation in the county a notice of the finding once each week for two (2) con-
6 secutive weeks. Each such notice shall state:
7 (a) A general description of the money or goods found;
8 (b) The address and telephone number of the county clerk's office; and
9 (c) The final date by which such money or goods must be claimed.
10 (2) If no person establishes ownership of the money or goods prior to the
11 expiration of three (3) months from the date of the notice to the county
12 clerk, as provided in subsection (1) of this section, the person who found
13 such money or goods shall be the rightful owner thereof.
14 (3) (a) If any person who finds money or goods valued at one hundred dol-
15 lars ($100) or more, excepting firearms, explosives or other deadly
16 weapons as identified in chapter 33, title 18, Idaho Code, fails to comply
17 with the provisions of subsection (1) of this section, such person shall
18 be liable to the county for the money or goods or for the value of such
19 money or goods.
20 (b) Upon forfeiture of the money or goods, or the value of such money or
21 goods, as provided in this subsection, the county treasurer shall hold the
22 money or goods or their value for the owner and shall publish in a news-
23 paper of general circulation in the county a notice of the finding once
24 each week for two (2) consecutive weeks. Each such notice shall state:
25 (i) A general description of the money or goods found;
26 (ii) The address and telephone number of the county treasurer's
27 office; and
28 (iii) The final date by which such money or goods must be claimed.
29 (c) If the owner does not reclaim the money or goods within three (3)
30 months after the date of first publication of the notice by the county
31 treasurer, the owner forfeits any rights to the money or goods or the
32 value thereof and:
33 (i) If money, such money shall be placed in the general fund of the
34 county for payment of the general operating expenses of the county;
35 or
36 (ii) If goods, such goods shall be delivered to the sheriff of the
37 county and sold at public auction as provided in section 55-403,
38 Idaho Code. The proceeds of the sale of such goods shall be applied
39 first to the costs of the sale and the remainder shall be placed in
40 the general fund of the county for the payment of the general operat-
41 ing expenses of the county.
42 (4) An owner of money or goods found by another person who establishes a
43 claim to such money or goods within the time period specified in this section
44 shall have restitution of such money or goods, or their value, upon payment to
45 the finder or the county treasurer, as applicable, of all costs and charges
46 incurred in the finding, giving of notice, and care and custody of such money
47 or goods.
48 (5) Nothing in this section shall be construed to affect the provisions
49 of chapter 5, title 14, Idaho Code.
STATEMENT OF PURPOSE
RS 11939
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 602