HB114INTRODUCED
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EQ1S9C-1
By Representatives Woods, Underwood, Rigsby, Lomax, Colvin,
Hulsey
RFD: County and Municipal Government
First Read: 21-Mar-23
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6 EQ1S9C-1 03/21/2023 SLU (L)BM 2023-301
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SYNOPSIS:
Under existing law there is no provision
establishing the disposition of certain unclaimed
property held by county officials for five years and
subsequently paid into in a county treasury and
remaining unclaimed for an additional 10 years.
This bill would provide that following public
notice, the rights of any person to recover unclaimed
property would be forfeited after remaining in a county
treasury for 10 years and then become vested in the
county treasury for the construction, maintenance, and
repair of county roads and bridges.
This bill would provide that unclaimed funds
held by a county under Section 19-3-87, Code of Alabama
1975, are exempt from Section 35-12-73, Code of Alabama
1975.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
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Relating to fiduciary funds in the hands of officials;
to amend Section 19-3-87, Code of Alabama 1975, to provide for
disposition of unclaimed funds held in a county treasury after
being unclaimed for a certain number of years; and to amend
Section 35-12-73, Code of Alabama 1975, to exempt unclaimed
funds under Section 19-3-87, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 19-3-87 and 35-12-73, Code of
Alabama 1975, are amended to read as follows:
"§19-3-87
(a)(1) If at any time it should appearappears to the
court, or beis made known to the court, that any balance has
been in the hands of any officer for a period of five years
and the same remains unclaimed, itthe court may make an order
directing the same to be paid into the treasury of said county
treasury, and a separate account shall be kept of all such the
payments and so designated as to identify identifying each
transaction.
(b) Any person entitled to recover all or part of any
unclaimed amount so paid into the county treasury or any part
thereof may recover the amount, without interest, before the
date that is within 10 years after such paymentthe payment was
made into the treasury recover the amount to which he may be
entitled, without interest, by obtaining an order from the
court that had ordered the under whose order the same was
paidpayment into the treasury. SuchThe order may be made by
the court on summary motion against the probate judge of the
county after five days' written notice unless the court for
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sufficient reasons continues the hearing to a further time for
sufficient reasons .
(c)(1) Subject to subdivision (2), with respect to any
unclaimed amount currently held in the county treasury or paid
into the county treasury on or following the effective date of
this act, which remain in the county treasury on the date that
is 10 years after the date it was paid into the county
treasury, the following shall occur:
a. Any person's right, title, or interest in or to all
unclaimed funds shall be forfeited.
b. All right, title, and interest in or to the
unclaimed funds shall be vested in the county treasury to be
set aside solely for the maintenance, repair, and construction
of roads and bridges located within the county.
(2) Before any unclaimed funds may be forfeited under
subdivision (1), the county shall provide notice of the
intended forfeiture, including, at a minimum, a description of
the funds, the date the forfeiture is scheduled to occur, and
a description of how a person entitled to recover all of part
of the unclaimed funds may make a claim. Notice shall be
published on the Alabama Press Association's website or other
website used by the county for a minimum of 90 days before the
date of forfeiture and in addition, in a newspaper of general
circulation in the county, if one exists, at least once a week
for four consecutive weeks before the date of forfeiture.
(d) The provisions of this section shall not apply to
the following:
(1)Unclaimed funds held by municipal courts.
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(2)Unclaimed restitution payments under Section
15-18-115.
(3) Interest on unclaimed funds. "
"§35-12-73
(a) The following entities are exempt from reporting
property under this article:
(1) Electric cooperatives organized under Chapters 6
and 7 of Title 37.
(2) Incorporated municipalities and incorporated
municipal boards and county and county boards of this state.
(b) The following property is exempt from reporting
under this article:
(1) A gift certificate, gift card, or in-store
merchandise credit issued or maintained by any person engaged
primarily in the business of selling tangible personal
property at retail.
(2) Property held, due, and owing in a foreign country
and arising out of a foreign transaction.
(3) Unclaimed funds held pursuant to Section 19-3-87. "
Section 2. 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.
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