Alabama 2025 Regular Session

Alabama House Bill HB522 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB522INTRODUCED
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3	3	HB522
4	4	YMPPZ26-1
5	5	By Representative Easterbrook (N & P)
6	6	RFD: Local Legislation
7	7	First Read: 03-Apr-25
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12	12	5 YMPPZ26-1 04/01/2025 CMH (L)bm 2025-1316
13	13	Page 1
14	14	First Read: 03-Apr-25
15	15	A BILL
16	16	TO BE ENTITLED
17	17	AN ACT
18	18	Relating to Washington County; to authorize the Sheriff
19	19	of Washington County to sell certain abandoned, stolen,
20	20	confiscated, lost, and unclaimed property at public auction;
21	21	to authorize the sheriff to sell or destroy certain abandoned,
22	22	stolen, or unclaimed firearms; and to provide for the auction
23	23	and for the disposition of proceeds.
24	24	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25	25	Section 1. (a) The Sheriff of Washington County shall
26	26	keep and maintain a permanent record of all abandoned and
27	27	stolen personal property recovered by the sheriff's office.
28	28	(b) These records shall state the description of the
29	29	property, the date of recovery of the property, the serial or
30	30	other identifying number of the property, and the place of
31	31	recovery of the property.
32	32	(c) If a firearm is sold at public auction under this
33	33	act, a notation in the storage record book shall be made of
34	34	the sale and of the amount received for the property.
35	35	(d) The records shall be open to public inspection at
36	36	all reasonable times.
37	37	(e) All abandoned or stolen property recovered by the
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65	65	28 HB522 INTRODUCED
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67	67	(e) All abandoned or stolen property recovered by the
68	68	sheriff's office shall be stored in a suitable place to
69	69	protect the property from deterioration.
70	70	Section 2. The owner of any abandoned or stolen
71	71	personal property recovered by the Washington County Sheriff's
72	72	Office, including firearms, may claim the property at any time
73	73	prior to its sale by submitting sufficient proof of ownership
74	74	as determined by the sheriff and by paying any reasonable
75	75	expenses incurred in the recovery of the property, its
76	76	maintenance, storage, and a pro rata share of the costs, if
77	77	any, of publication of notice of the sale of the property.
78	78	Section 3. (a) The sheriff may sell at public auction
79	79	or an Internet auction provider to the highest bidder for cash
80	80	all abandoned or stolen personal property, other than
81	81	firearms, which has been recovered by the sheriff and has
82	82	remained unclaimed by the rightful owner during the preceding
83	83	six month period.
84	84	(b) Prior to the sale, notice shall be given by
85	85	publication in a newspaper of general circulation in
86	86	Washington County once a week for two successive weeks or by
87	87	posting notice in a conspicuous place at the Washington County
88	88	Courthouse for a period of no less than 20 days. The notice
89	89	shall contain the place, date, and time of each auction and a
90	90	description of each item of personal property to be sold at
91	91	the auction. If publication of notice is made in the
92	92	newspaper, the first notice shall run not less than 20 days
93	93	prior to the auction.
94	94	Section 4. (a) Notwithstanding Section 3, if the
95	95	abandoned or stolen personal property is of a perishable
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125	125	abandoned or stolen personal property is of a perishable
126	126	nature and reasonable attempts to locate and identify the
127	127	owner of the property are not successful, the property may be
128	128	sold at once without notice. The sheriff shall attempt to
129	129	obtain the best possible price for the property.
130	130	(b) The proceeds of a sale under this section shall be
131	131	held in a separate account for a period of six months for the
132	132	owner. During this period, the proceeds will be paid to the
133	133	owner upon demand, less any cost of recovery, storage,
134	134	maintenance, and sale.
135	135	(c) If the proceeds are not claimed within six months,
136	136	after deducting and paying all expenses incurred in the
137	137	recovery, storage, maintenance, and sale of the property, the
138	138	net funds shall be paid to the Office of the Sheriff of
139	139	Washington County.
140	140	Section 5. (a) The sheriff shall keep and maintain a
141	141	separate permanent record of all abandoned or stolen firearms
142	142	that are not otherwise subject to disposition by general law.
143	143	(b) The records shall state the description of the
144	144	firearm, the date of recovery of the firearm, the serial or
145	145	other identifying number, if any, of the firearm, and the
146	146	place where the firearm was recovered. If the firearm is sold
147	147	at public auction under this section, a notation in the
148	148	storage record book shall be made of the sale and of the
149	149	amount received for the property.
150	150	(c) The sheriff may sell the firearms at public auction
151	151	to a gun dealer submitting the highest sealed bid. Each
152	152	bidding gun dealer must have a current federal firearms
153	153	license on the date of sale. All sales shall be on a cash
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183	183	license on the date of sale. All sales shall be on a cash
184	184	basis. The proceeds of the sale, after deducting and paying
185	185	all expenses incurred in the recovery, maintenance, and sale
186	186	of the firearms, shall be paid to the Office of the Sheriff of
187	187	Washington County.
188	188	(d) The sheriff may reject any bid if the bid amount is
189	189	unreasonably low and may continue the sale, from time to time,
190	190	if no bidders are present.
191	191	(e) Unless otherwise provided by law, the sheriff may
192	192	sell or destroy abandoned or stolen firearms possessed by the
193	193	sheriff if the owner of the firearm does not claim the firearm
194	194	within six months of the date the sheriff obtained it. The
195	195	sheriff may establish a procedure to destroy firearms and may
196	196	expend necessary sheriff's office funds for that purpose.
197	197	Section 6. The proceeds from the sale of property at an
198	198	auction conducted under the authority of this act, after
199	199	deducting and paying all expenses incurred in the recovery,
200	200	storage, maintenance, and sale of property, shall be collected
201	201	by the sheriff and deposited into any bank located in
202	202	Washington County to a fund designated as the Sheriff's Fund.
203	203	The fund shall be drawn upon by the sheriff and used
204	204	exclusively for purposes of law enforcement in the discharge
205	205	of the sheriff's office as the sheriff sees fit.
206	206	Section 7. This act shall become effective on October
207	207	1, 2025.
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