Alabama 2025 Regular Session

Alabama Senate Bill SB219 Compare Versions

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1	1	SB219INTRODUCED
2	2	Page 0
3	3	SB219
4	4	Y98R666-1
5	5	By Senator Price (N & P)
6	6	RFD: Local Legislation
7	7	First Read: 04-Mar-25
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12	12	5 Y98R666-1 02/05/2025 TRP (L)bm 2024-3159
13	13	Page 1
14	14	First Read: 04-Mar-25
15	15	A BILL
16	16	TO BE ENTITLED
17	17	AN ACT
18	18	Relating to Clay County; to authorize the sheriff to
19	19	sell certain abandoned, stolen, and unclaimed property at
20	20	public auction; to provide for the auctions and for the
21	21	disposition of proceeds; and to authorize the sheriff to sell
22	22	or destroy certain abandoned, stolen, or unclaimed firearms.
23	23	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24	24	Section 1. (a) The Sheriff of Clay County shall keep
25	25	and maintain a permanent record of all abandoned and stolen
26	26	personal property recovered by the sheriff's office. These
27	27	records shall state the description of the property, the date
28	28	of recovery of the property, the serial or other identifying
29	29	number of the property, and the place where the property was
30	30	recovered. The records shall be open to public inspection at
31	31	all reasonable times.
32	32	(b) All abandoned or stolen property recovered by the
33	33	sheriff's office shall be stored in a suitable place to
34	34	protect the property from deterioration.
35	35	Section 2. If the abandoned or stolen personal property
36	36	is of a perishable nature and reasonable attempts to locate
37	37	and identify the owner of the property are not successful, the
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67	67	and identify the owner of the property are not successful, the
68	68	property may be sold at once without notice. The sheriff shall
69	69	attempt to obtain the best possible price for the property.
70	70	The proceeds from the sale shall be held for a period of six
71	71	months for the owner. During this period, the proceeds shall
72	72	be paid to the owner upon demand, less any cost of recovery,
73	73	storage, maintenance, and sale. If the proceeds are not
74	74	claimed within six months, after deducting and paying all
75	75	expenses incurred in the recovery, storage, maintenance, and
76	76	sale of the property, the net funds shall be paid to the
77	77	Office of the Sheriff of Clay County.
78	78	Section 3.(a)(1) The sheriff shall keep and maintain a
79	79	permanent record of all abandoned or stolen firearms not
80	80	subject to disposition by general law. The records shall state
81	81	the description of the firearm, the date of recovery of the
82	82	firearm, the serial or other identifying number, if any, of
83	83	the firearm, and the place where the firearm was recovered.
84	84	The sheriff shall take reasonable efforts to locate the owner
85	85	of abandoned or stolen firearms recovered by the sheriff's
86	86	office including notifying the sheriff's office, of
87	87	surrounding counties of the recovered firearms.
88	88	(2) For the purposes of this act, "firearm" shall have
89	89	the same meaning as defined in Section 13A-8-1 of the Code of
90	90	Alabama 1975.
91	91	(b) Unless otherwise provided by law, the sheriff may
92	92	sell or destroy a firearm if the owner of the firearm does not
93	93	claim the firearm within six months of the date the sheriff
94	94	obtained it.
95	95	(c) The sheriff may sell a firearm only to gun dealers
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125	125	(c) The sheriff may sell a firearm only to gun dealers
126	126	who have a current federal firearm license on the date of the
127	127	sale. The sheriff shall establish a procedure to notify gun
128	128	dealers of a sale. A firearm shall be sold to the gun dealer
129	129	submitting the highest sealed bid. All sales shall be on a
130	130	cash basis. The proceeds of the sale, after deducting and
131	131	paying all expenses incurred in the recovery, maintenance, and
132	132	sale of the firearm, shall be paid to the Office of the
133	133	Sheriff of Clay County.
134	134	(d) The sheriff may establish a procedure to destroy
135	135	firearms and may expend necessary funds of the sheriff's
136	136	office for that purpose.
137	137	Section 4. (a)(1) As often as necessary, the sheriff
138	138	may sell at public auction or by Internet auction to the
139	139	highest bidder all abandoned or stolen personal property,
140	140	other than firearms, which has been recovered by the sheriff's
141	141	office and has remained unclaimed by the rightful owner for at
142	142	least a six-month period.
143	143	(2) The sheriff shall take reasonable efforts to locate
144	144	the owner of abandoned or stolen personal property recovered
145	145	by the sheriff's office, including notifying the sheriff's
146	146	office of surrounding counties if the property is deemed to be
147	147	a family heirloom or to be of substantial value.
148	148	(b) Prior to the sale, notice shall be given by
149	149	publication in a newspaper of general circulation in Clay
150	150	County once a week for two consecutive weeks or by posting
151	151	notice in a conspicuous place at the Clay County Courthouse
152	152	for a period of at least 20 days. The notice shall contain the
153	153	place, date, and time of each auction and a general
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183	183	place, date, and time of each auction and a general
184	184	description of items of personal property to be sold at the
185	185	auction. If publication of notice is made in the newspaper,
186	186	the first notice shall run at least 20 days prior to the
187	187	auction.
188	188	Section 5. The owner of any abandoned or stolen
189	189	personal property recovered by the Clay County Sheriff's
190	190	Office, including firearms, may claim the property at any time
191	191	prior to its sale by submitting sufficient proof of ownership
192	192	as determined by the sheriff and by paying any reasonable
193	193	expenses incurred in the recovery of the property, its
194	194	maintenance, storage, and a pro rata share of the costs, if
195	195	any, of publication of notice of the sale of the property.
196	196	Section 6. If property is sold at public auction, as
197	197	provided in this act, a notation in the storage record shall
198	198	be made of the sale and of the amount received for the
199	199	property. The person making the sale may reject any bid if the
200	200	amount bid is unreasonably low and may continue the sale, from
201	201	time to time, if no bidders are present.
202	202	Section 7. The proceeds from the sale of property at an
203	203	auction conducted under the authority of this act, after
204	204	deducting and paying all expenses incurred in the recovery,
205	205	storage, maintenance, and sale of property, shall be collected
206	206	by the sheriff and deposited in any bank located in Clay
207	207	County into a fund designated as the Sheriff's Fund. The fund
208	208	may be drawn upon by the sheriff and used exclusively for law
209	209	enforcement purposes in the discharge of the duties of the
210	210	sheriff's office at the discretion of the sheriff.
211	211	Section 8. This act shall become effective on October
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241	241	Section 8. This act shall become effective on October
242	242	1, 2025.113