SB 308

Session
Regular Session 2018
Title
Hale Co., sheriff authorized to sell certain abandoned, unclaimed, or stolen property and firearms, notice, record keeping requirement, distribution of funds for law enforcement purposes
Description

Relating to Hale County; authorizing the sheriff to sell certain abandoned, stolen, confiscated, lost, and unclaimed property at public auction; authorizing the sheriff to sell or destroy certain abandoned, stolen, or unclaimed firearms; and providing for the auction and for the disposition of proceeds.

Subjects
View Original PDF: SB 308 - Introduced - PDF

Relating to Hale County; authorizing the sheriff to sell certain abandoned, stolen, confiscated, lost, and unclaimed property at public auction; authorizing the sheriff to sell or destroy certain abandoned, stolen, or unclaimed firearms; and providing for the auction and for the disposition of proceeds.

Section 1

(a) The Sheriff of Hale County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff's office. These records shall state the description of the property, the date of recovery of the property, the serial or other identifying number of the property, and the place of recovery of the property. The records shall be open to public inspection at all reasonable times. (b) All abandoned or stolen property recovered by the sheriff's office shall be stored in a suitable place to protect the property from deterioration.

Section 2

If the abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for the property. The proceeds of a sale shall be held in a separate account for a period of six months for the owner. During this period, the proceeds will be paid to the owner upon demand, less any cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property, the net funds shall be paid to the office of the Sheriff of Hale County.

Section 3

(a) The sheriff shall keep and maintain a permanent record of all abandoned or stolen firearms, not subject to disposition by general law. The records shall state the description of the firearm, the date of recovery of the firearm, the serial or other identifying number, if any, of the firearm, and the place and recovery of the firearm. Firearm as used in this act shall have the same meaning as defined in Section 13A-8-1 of the Code of Alabama 1975. (b) Unless otherwise provided by law, the sheriff may sell or destroy these firearms if the owner of the firearm does not claim the firearm within six months of the date the sheriff obtained it. (c) The sheriff may sell the firearms only to gun dealers who have a current federal firearms license on the date of sale. A firearm shall be sold to the gun dealer submitting the highest sealed bid. All sales shall be on a cash basis. The proceeds of the sale, after deducting and paying all expenses incurred in the recovery, maintenance, and sale of the firearm shall be paid to the office of the Sheriff of Hale County. (d) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff's office funds for that purpose.

Section 4

(a) At least every six months, the sheriff may sell at public auction or Internet auction provider, to the highest bidder for cash all abandoned or stolen personal property, other than firearms, which has been recovered by the sheriff and has remained unclaimed by the rightful owner during the preceding six-month period. (b) Prior to the sale, notice shall be given by publication in a newspaper of general circulation in Hale County once a week for two successive weeks or by posting notice in a conspicuous place at the Hale County Courthouse for a period of no less than 20 days. The notice shall contain the place, date, and time of each auction and a description of each item of personal property to be sold at the auction. If publication of notice is made in the newspaper, the first notice shall run not less than 20 days prior to the auction.

Section 5

The owner of any abandoned or stolen personal property recovered by the Hale County Sheriff's Office, including firearms, may claim the property at any time prior to its sale by submitting sufficient proof of ownership as determined by the sheriff and by paying any reasonable expenses incurred in the recovery of the property, its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice of the sale of the property.

Section 6

If property is sold at public auction, as provided in this act, a notation in the storage record book shall be made of the sale and of the amount received for the property. The person making the sale may reject any and all bids if the amount bid is unreasonably low and may continue the sale, from time to time, if no bidders are present.

Section 7

The proceeds from the sale of property at an auction conducted under the authority of this act, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property, shall be collected by the sheriff and deposited into any bank located in Hale County into a fund designated as the Sheriff's Fund. The fund shall be drawn upon by the sheriff and used exclusively for purposes of law enforcement in the discharge of the sheriff's office at the discretion of the sheriff.

Section 8

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 15, 2018SAssigned Act No. 2018-277.
March 15, 2018SEnrolled
March 15, 2018HSignature Requested
March 15, 2018SSecond House Concurs in Executive Amendment
March 15, 2018HHoward motion to Concur In and Adopt adopted Roll Call 801
March 15, 2018HHouse of Origin Concurs in Executive Amendment
March 13, 2018SSingleton motion to Concur In and Adopt adopted Roll Call 771
March 13, 2018SExecutive Amendment Offered
March 13, 2018SForwarded to Governor
March 6, 2018HSignature Requested
March 6, 2018SEnrolled
March 6, 2018SPassed Second House
March 6, 2018HMotion to Read a Third Time and Pass adopted Roll Call 601
March 6, 2018HThird Reading Passed
March 1, 2018HRead for the second time and placed on the calendar
February 27, 2018HRead for the first time and referred to the House of Representatives committee on Local Legislation
February 27, 2018SMotion to Read a Third Time and Pass adopted Roll Call 505
February 27, 2018SThird Reading Passed
February 22, 2018SRead for the second time and placed on the calendar
February 13, 2018SRead for the first time and referred to the Senate committee on Local Legislation
2018-03-15
Chamber: House
Result: Passed
2018-03-13
Chamber: Senate
Result: Passed
2018-03-06
Chamber: House
Result: Failed
2018-02-27
Chamber: Senate
Result: Passed