HB 341 — Relating to Morgan County; to amend Section 45-52-233.02, Code of Alabama 1975, to further provide for the maintenance of abandoned and stolen personal property by the sheriff; to add Sections 45-52-233.04 through 45-52-233.09, inclusive, to the Code of Alabama 1975, to authorize the sheriff to sell certain abandoned, stolen, and unclaimed property at public auction; to provide for the auction and for the disposition of proceeds; to authorize the sheriff to sell or destroy certain, stolen, or unclaimed firearms; and to make nonsubstantive, technical revisions to update the existing code language to current style.

HB341 INTRODUCEDENROLLED 280FSI-1280FSI-2 By Representatives Moore (P), Collins, Stadthagen, Yarbrough (N & P) RFD:

18-Apr-23 Page2023 0Regular 280FSI-1Session 03/15/2023Page ZAK0 (L)crHB341 2023-546Enrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 8 Relating to Morgan County;

Page 1 HB341 INTRODUCED (b)(a) The sheriff Sheriff of Morgan County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the department sheriff's office.

which These records shall state the description of the property, the date of recovery of the property, the serial or Page 1 HB341 Enrolled other identifying number of the property, and the place of recovery of where the property was recovered.

The sales are to be made after notice thereof shall have been given by publication in a newspaper of general circulation in Morgan County once a week for two successive weeks or by posting such notice in a Page 2 HB341 INTRODUCED conspicuous place at the Morgan County Courthouse for a period of at least 20 days prior to sale.

If publication of the notice be made by Page 2 HB341 Enrolled publication in the newspaper, the first notice shall run at least 20 days prior to the auction.

Section 45-52-233.04 through 45-52-233.09, inclusive, are added to the Code of Alabama 1975, to read as Page 3 HB341 INTRODUCED follows:

§45-52-233.04 If abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are unsuccessful, the Page 3 HB341 Enrolled property may be sold at once without notice.

During this period, the proceeds shall be paid to the owner upon demand, less any costs of recovery, 95 storage, maintenance, and sale.

95 §45-52-233.05 (a)(1) The sheriff shall keep and maintain a permanent record of all abandoned or stolen firearms not subject to disposition by general law.

(b) Unless otherwise provided by law, the sheriff may sell or destroy the firearm if the owner of the firearm does not claim the firearm within six months of the date the Page 4 HB341 INTRODUCED sheriff obtained it.

A firearm shall be sold to the gun Page 4 HB341 Enrolled dealer submitting the highest sealed bid.

If the publication of notice is made in the Page 5 HB341 INTRODUCED newspaper, the first notice shall run at least 20 days prior to the auction.

§45-52-233.07 The owner of any abandoned or stolen personal property recovered by the Morgan County Sheriff's Office, including Page 5 HB341 Enrolled firearms, may claim the property at any time prior to its sale by submitting sufficient proof of ownership as determined by the sheriff and paying any reasonable expenses incurred in the recovery of the property, its maintenance, storage, and a pro rata share of the cost, if any, of publication of notice of the sale of the property.

Page 6 HB341 INTRODUCED Section 3.

Page 76 HB341 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 25-Apr-23.

John Treadwell Clerk Senate 25-May-23 Passed Page 7