SENATE BILL REPORT

ESB 5119

BYSenators Pullen, Talmadge, Madsen and Rasmussen; by request of Washington State Patrol

Providing a procedure for unclaimed property in the hands of the Washington state patrol.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 19, 1989; January 23, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  February 15, 1989

AS PASSED SENATE, FEBRUARY 13, 1989

BACKGROUND:

Current law provides that the Washington State Patrol can only dispose of unclaimed personal property by transferring the property to the local sheriff or police jurisdiction for disposal.  Unclaimed property with little or no value creates an administrative and financial burden on local jurisdictions.  These jurisdictions have been reluctant to accept this type of property and, as a result, the State Patrol is experiencing a significant backlog of property in State Patrol evidence rooms and storage lots statewide.

When property is accepted by local jurisdictions, the proceeds from sales are kept by the local jurisdictions making the sale.  Thus, the State Patrol cannot recover any administrative or storage expenses associated with the property.

SUMMARY:

The State Patrol is authorized to sell, retain, destroy, or trade unclaimed personal property which comes into its possession in connection with official duties.  The property must remain unclaimed for 60 days from the date of written notice informing the owner of the disposition which may be made of the property.

At least ten days prior to the auction, a notice of sale containing the time and place and description of the property must be published in a newspaper of general circulation in the county in which it is sold.

Moneys arising from the sale of personal property are applied to the payment of costs and expenses associated with the sale and storage of the property.  Any remaining moneys are deposited into the State Patrol highway account of the motor vehicle fund.

If the owner of sold property demonstrates satisfactory proof of ownership to the state treasurer within three years after the money is deposited in the State Patrol highway account, the owner is entitled to the deposited amount plus interest.

Judicially forfeited or unclaimed firearms must be submitted for auction to commercial sellers once a year or when the submitting agency accumulated ten firearms authorized for sale, whichever occurs first.  The proceeds from any sale are divided between the local jurisdiction or State Patrol and the seizing agency.  Law enforcement agencies may conduct these sales through joint auctions.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Rick Jensen, Washington State Patrol