FINAL BILL REPORT

 

 

                                    SB 5667

 

 

                                  C 132 L 88

 

 

BYSenators Warnke, von Reichbauer and Lee

 

 

Revising procedures for disposition of personal property.

 

 

Senate Committee on Judiciary

 

 

House Committe on Judiciary

 

 

                              SYNOPSIS AS ENACTED

 

BACKGROUND:

 

The law establishes a procedure for disposition of personal property which comes into the possession of any city police or sheriff's office in connection with the official performance of duties.

 

The procedures for notice of sale to potential owners and the criteria to allow for destruction of property have been cumbersome and unworkable, resulting in costs to law enforcement without any corresponding benefits to owners of the property.

 

SUMMARY:

 

Law enforcement may destroy certain personal property when the property has no substantial commercial value, the probable costs of sale exceed the value of the property, or the property has been, or may be, used in a manner that is illegal.

 

Law enforcement officials must attempt to notify potential owners when the property comes into possession of the law enforcement officials.  The notice must inform the owner on how law enforcement officials may dispose of the property if it remains unclaimed, and the length of time the owner has to claim the property.  The requirement to notify the owner ten days prior to any public sale is deleted.

 

 

VOTES ON FINAL PASSAGE:

 

      Senate    47     0

      House 94   0 (House amended)

      Senate    44     0 (Senate concurred)

 

EFFECTIVE:June 9, 1988