AL
Alabama House Bill HB114

Alabama 2023 Regular Session

Alabama House Bill HB114 Compare Versions

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44 By Representatives Woods, Underwood, Rigsby, Lomax, Colvin,
55 Hulsey
66 RFD: County and Municipal Government
77 First Read: 21-Mar-23
8-2023 Regular Session
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13+6 EQ1S9C-1 03/21/2023 SLU (L)BM 2023-301
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17-Enrolled, An Act,
18-Relating to fiduciary funds in the hands of officials;
19-to amend Section 19-3-87, Code of Alabama 1975, to provide for
20-disposition of unclaimed funds held in a county treasury after
21-being unclaimed for a certain number of years; and to amend
22-Section 35-12-73, Code of Alabama 1975, to exempt unclaimed
23-funds under Section 19-3-87, Code of Alabama 1975.
24-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25-Section 1. Sections 19-3-87 and 35-12-73, Code of
26-Alabama 1975, are amended to read as follows:
27-"§19-3-87
28-(a)(1) If at any time it should appearappears to the
29-court, or beis made known to the court, that any balance has
30-been in the hands of any officer for a period of five years
31-and the same remains unclaimed, itthe court may make an order
32-directing the same to be paid into the treasury of said county
33-treasury, and a separate account shall be kept of all such the
34-payments and so designated as to identify identifying each
35-transaction.
36-(b) Any person entitled to recover all or part of any
37-unclaimed amount so paid into the county treasury or any part
38-thereof may recover the amount, without interest, before the
39-date that is within 10 years after such paymentthe payment was
40-made into the treasury recover the amount to which he may be
41-entitled, without interest, by obtaining an order from the
42-court that had ordered the under whose order the same was
15+SYNOPSIS:
16+Under existing law there is no provision
17+establishing the disposition of certain unclaimed
18+property held by county officials for five years and
19+subsequently paid into in a county treasury and
20+remaining unclaimed for an additional 10 years.
21+This bill would provide that following public
22+notice, the rights of any person to recover unclaimed
23+property would be forfeited after remaining in a county
24+treasury for 10 years and then become vested in the
25+county treasury for the construction, maintenance, and
26+repair of county roads and bridges.
27+This bill would provide that unclaimed funds
28+held by a county under Section 19-3-87, Code of Alabama
29+1975, are exempt from Section 35-12-73, Code of Alabama
30+1975.
31+This bill would also make nonsubstantive,
32+technical revisions to update the existing code
33+language to current style.
34+A BILL
35+TO BE ENTITLED
36+AN ACT
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66+Relating to fiduciary funds in the hands of officials;
67+to amend Section 19-3-87, Code of Alabama 1975, to provide for
68+disposition of unclaimed funds held in a county treasury after
69+being unclaimed for a certain number of years; and to amend
70+Section 35-12-73, Code of Alabama 1975, to exempt unclaimed
71+funds under Section 19-3-87, Code of Alabama 1975.
72+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
73+Section 1. Sections 19-3-87 and 35-12-73, Code of
74+Alabama 1975, are amended to read as follows:
75+"§19-3-87
76+(a)(1) If at any time it should appearappears to the
77+court, or beis made known to the court, that any balance has
78+been in the hands of any officer for a period of five years
79+and the same remains unclaimed, itthe court may make an order
80+directing the same to be paid into the treasury of said county
81+treasury, and a separate account shall be kept of all such the
82+payments and so designated as to identify identifying each
83+transaction.
84+(b) Any person entitled to recover all or part of any
85+unclaimed amount so paid into the county treasury or any part
86+thereof may recover the amount, without interest, before the
87+date that is within 10 years after such paymentthe payment was
88+made into the treasury recover the amount to which he may be
89+entitled, without interest, by obtaining an order from the
90+court that had ordered the under whose order the same was
7291 paidpayment into the treasury. SuchThe order may be made by
7392 the court on summary motion against the probate judge of the
7493 county after five days' written notice unless the court for
75-sufficient reasons continues the hearing to a further time for
76-sufficient reasons .
77-(c)(1) Subject to subdivision (2), with respect to any
78-unclaimed amount currently held in the county treasury or paid
79-into the county treasury on or following the effective date of
80-this act, which remain in the county treasury on the date that
81-is 10 years after the date it was paid into the county
82-treasury, the following shall occur:
83-a. Any person's right, title, or interest in or to all
84-unclaimed funds shall be forfeited.
85-b. All right, title, and interest in or to the
86-unclaimed funds shall be vested in the county treasury to be
87-set aside solely for the maintenance, repair, and construction
88-of roads and bridges located within the county.
89-(2) Before any unclaimed funds may be forfeited under
90-subdivision (1), the county shall provide notice of the
91-intended forfeiture, including, at a minimum, a description of
92-the funds, the date the forfeiture is scheduled to occur, and
93-a description of how a person entitled to recover all ofor
94-part of the unclaimed funds may make a claim. Notice shall be
95-published on the Alabama Press Association's website or other
96-website used by the county for a minimum of 90 days before the
97-date of forfeiture and in addition, in a newspaper of general
98-circulation in the county, if one exists, at least once a week
99-for four consecutive weeks before the date of forfeiture.
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123+sufficient reasons continues the hearing to a further time for
124+sufficient reasons .
125+(c)(1) Subject to subdivision (2), with respect to any
126+unclaimed amount currently held in the county treasury or paid
127+into the county treasury on or following the effective date of
128+this act, which remain in the county treasury on the date that
129+is 10 years after the date it was paid into the county
130+treasury, the following shall occur:
131+a. Any person's right, title, or interest in or to all
132+unclaimed funds shall be forfeited.
133+b. All right, title, and interest in or to the
134+unclaimed funds shall be vested in the county treasury to be
135+set aside solely for the maintenance, repair, and construction
136+of roads and bridges located within the county.
137+(2) Before any unclaimed funds may be forfeited under
138+subdivision (1), the county shall provide notice of the
139+intended forfeiture, including, at a minimum, a description of
140+the funds, the date the forfeiture is scheduled to occur, and
141+a description of how a person entitled to recover all of part
142+of the unclaimed funds may make a claim. Notice shall be
143+published on the Alabama Press Association's website or other
144+website used by the county for a minimum of 90 days before the
145+date of forfeiture and in addition, in a newspaper of general
146+circulation in the county, if one exists, at least once a week
147+for four consecutive weeks before the date of forfeiture.
129148 (d) The provisions of this section shall not apply to
130149 the following:
131150 (1)Unclaimed funds held by municipal courts.
132-(2)Unclaimed restitution payments under Section
133-15-18-115.
134-(3) Interest on unclaimed funds. "
135-"§35-12-73
136-(a) The following entities are exempt from reporting
137-property under this article:
138-(1) Electric cooperatives organized under Chapters 6
139-and 7 of Title 37.
140-(2) Incorporated municipalities and incorporated
141-municipal boards and county and county boards of this state.
142-(b) The following property is exempt from reporting
143-under this article:
144-(1) A gift certificate, gift card, or in-store
145-merchandise credit issued or maintained by any person engaged
146-primarily in the business of selling tangible personal
147-property at retail.
148-(2) Property held, due, and owing in a foreign country
149-and arising out of a foreign transaction.
150-(3) Unclaimed funds held pursuant to Section 19-3-87. "
151-Section 2. This act shall become effective on the first
152-day of the third month following its passage and approval by
153-the Governor, or its otherwise becoming law.
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180-________________________________________________
181-Speaker of the House of Representatives
182-________________________________________________
183-President and Presiding Officer of the Senate
184-House of Representatives
185-I hereby certify that the within Act originated in and
186-was passed by the House 11-Apr-23 as amended.
187-John Treadwell
188-Clerk
189-Senate 25-Apr-23 Passed
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180+(2)Unclaimed restitution payments under Section
181+15-18-115.
182+(3) Interest on unclaimed funds. "
183+"§35-12-73
184+(a) The following entities are exempt from reporting
185+property under this article:
186+(1) Electric cooperatives organized under Chapters 6
187+and 7 of Title 37.
188+(2) Incorporated municipalities and incorporated
189+municipal boards and county and county boards of this state.
190+(b) The following property is exempt from reporting
191+under this article:
192+(1) A gift certificate, gift card, or in-store
193+merchandise credit issued or maintained by any person engaged
194+primarily in the business of selling tangible personal
195+property at retail.
196+(2) Property held, due, and owing in a foreign country
197+and arising out of a foreign transaction.
198+(3) Unclaimed funds held pursuant to Section 19-3-87. "
199+Section 2. This act shall become effective on the first
200+day of the third month following its passage and approval by
201+the Governor, or its otherwise becoming law.
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