SENATE BILL REPORT

SB 5667

BYSenators Warnke, von Reichbauer and Lee

Revising procedures for disposition of personal property.

Senate Committee on Judiciary

Senate Hearing Date(s):February 17, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  March 12, 1987

House Committe on Judiciary

AS PASSED SENATE, JANUARY 22, 1988

BACKGROUND:

Existing law establishes a procedure for disposition of personal property which comes into the possession of 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 (1) the property has no substantial commercial value; (2) the probable costs of sale exceed the value of the property; or (3) 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 requirement to notify the owner ten days prior to any public sale is deleted.

Fiscal Note:      none requested

Senate Committee - Testified: George Minnich, Association of Sheriffs and Police Chiefs

HOUSE AMENDMENTS:

The amendments require law enforcement officials, when giving written notice to an owner about unclaimed property, to inform the owner about potential methods of disposing of the unclaimed property and the time period that the owner has to claim the property.