SB219INTRODUCED
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SB219
Y98R666-1
By Senator Price (N & P)
RFD: Local Legislation
First Read: 04-Mar-25
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5 Y98R666-1 02/05/2025 TRP (L)bm 2024-3159
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First Read: 04-Mar-25
A BILL
TO BE ENTITLED
AN ACT
Relating to Clay County; to authorize the sheriff to
sell certain abandoned, stolen, and unclaimed property at
public auction; to provide for the auctions and for the
disposition of proceeds; and to authorize the sheriff to sell
or destroy certain abandoned, stolen, or unclaimed firearms.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Sheriff of Clay County shall keep
and maintain a permanent record of all abandoned and stolen
personal property recovered by the sheriff's office. These
records shall state the description of the property, the date
of recovery of the property, the serial or other identifying
number of the property, and the place where the property was
recovered. The records shall be open to public inspection at
all reasonable times.
(b) All abandoned or stolen property recovered by the
sheriff's office shall be stored in a suitable place to
protect the property from deterioration.
Section 2. If the abandoned or stolen personal property
is of a perishable nature and reasonable attempts to locate
and identify the owner of the property are not successful, the
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and identify the owner of the property are not successful, the
property may be sold at once without notice. The sheriff shall
attempt to obtain the best possible price for the property.
The proceeds from the sale shall be held for a period of six
months for the owner. During this period, the proceeds shall
be paid to the owner upon demand, less any cost of recovery,
storage, maintenance, and sale. If the proceeds are not
claimed within six months, after deducting and paying all
expenses incurred in the recovery, storage, maintenance, and
sale of the property, the net funds shall be paid to the
Office of the Sheriff of Clay County.
Section 3.(a)(1) The sheriff shall keep and maintain a
permanent record of all abandoned or stolen firearms not
subject to disposition by general law. The records shall state
the description of the firearm, the date of recovery of the
firearm, the serial or other identifying number, if any, of
the firearm, and the place where the firearm was recovered.
The sheriff shall take reasonable efforts to locate the owner
of abandoned or stolen firearms recovered by the sheriff's
office including notifying the sheriff's office, of
surrounding counties of the recovered firearms.
(2) For the purposes of this act, "firearm" shall have
the same meaning as defined in Section 13A-8-1 of the Code of
Alabama 1975.
(b) Unless otherwise provided by law, the sheriff may
sell or destroy a firearm if the owner of the firearm does not
claim the firearm within six months of the date the sheriff
obtained it.
(c) The sheriff may sell a firearm only to gun dealers
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(c) The sheriff may sell a firearm only to gun dealers
who have a current federal firearm license on the date of the
sale. The sheriff shall establish a procedure to notify gun
dealers of a sale. A firearm shall be sold to the gun dealer
submitting the highest sealed bid. All sales shall be on a
cash basis. The proceeds of the sale, after deducting and
paying all expenses incurred in the recovery, maintenance, and
sale of the firearm, shall be paid to the Office of the
Sheriff of Clay County.
(d) The sheriff may establish a procedure to destroy
firearms and may expend necessary funds of the sheriff's
office for that purpose.
Section 4. (a)(1) As often as necessary, the sheriff
may sell at public auction or by Internet auction to the
highest bidder all abandoned or stolen personal property,
other than firearms, which has been recovered by the sheriff's
office and has remained unclaimed by the rightful owner for at
least a six-month period.
(2) The sheriff shall take reasonable efforts to locate
the owner of abandoned or stolen personal property recovered
by the sheriff's office, including notifying the sheriff's
office of surrounding counties if the property is deemed to be
a family heirloom or to be of substantial value.
(b) Prior to the sale, notice shall be given by
publication in a newspaper of general circulation in Clay
County once a week for two consecutive weeks or by posting
notice in a conspicuous place at the Clay County Courthouse
for a period of at least 20 days. The notice shall contain the
place, date, and time of each auction and a general
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place, date, and time of each auction and a general
description of items of personal property to be sold at the
auction. If publication of notice is made in the newspaper,
the first notice shall run at least 20 days prior to the
auction.
Section 5. The owner of any abandoned or stolen
personal property recovered by the Clay County Sheriff's
Office, including firearms, may claim the property at any time
prior to its sale by submitting sufficient proof of ownership
as determined by the sheriff and by paying any reasonable
expenses incurred in the recovery of the property, its
maintenance, storage, and a pro rata share of the costs, if
any, of publication of notice of the sale of the property.
Section 6. If property is sold at public auction, as
provided in this act, a notation in the storage record shall
be made of the sale and of the amount received for the
property. The person making the sale may reject any bid if the
amount bid is unreasonably low and may continue the sale, from
time to time, if no bidders are present.
Section 7. The proceeds from the sale of property at an
auction conducted under the authority of this act, after
deducting and paying all expenses incurred in the recovery,
storage, maintenance, and sale of property, shall be collected
by the sheriff and deposited in any bank located in Clay
County into a fund designated as the Sheriff's Fund. The fund
may be drawn upon by the sheriff and used exclusively for law
enforcement purposes in the discharge of the duties of the
sheriff's office at the discretion of the sheriff.
Section 8. This act shall become effective on October
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Section 8. This act shall become effective on October
1, 2025.113