Bill Text: AZ HB2371 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Disposal of unclaimed property
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-04-03 - Governor Signed [HB2371 Detail]
Download: Arizona-2012-HB2371-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 160
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HOUSE BILL 2371 |
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AN ACT
changing the designation of title 12, chapter 7, article 8, Arizona Revised Statutes, to "UNCLAIMED PROPERTY IN HANDS OF PUBLIC agency"; amending title 12, chapter 7, article 8, Arizona Revised Statutes, by adding section 12-940; amending sections 12-941 and 12-942, Arizona Revised Statutes; repealing section 12-943, Arizona Revised Statutes; amending sections 12-944 and 12‑945, Arizona Revised Statutes; repealing section 12-946, Arizona Revised Statutes; amending section 13-1811, Arizona Revised Statutes; relating to unclaimed property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 12, chapter 7, article 8, Arizona Revised Statutes, is changed from "UNCLAIMED MONEY OR PROPERTY IN HANDS OF PUBLIC OFFICER" to "UNCLAIMED PROPERTY IN HANDS OF PUBLIC AGENCY".
Sec. 2. Title 12, chapter 7, article 8, Arizona Revised Statutes, is amended by adding section 12-940, to read:
12-940. Definitions
In this article, unless the context otherwise requires:
1. "Dispose" means the transfer of property by its return to the owner, sale, conversion or destruction or by any other means of disposal.
2. "Evidence" means property that is held for possible presentation in a judicial or administrative proceeding to establish the truth or falsity of an alleged matter of fact.
3. "Found property" means recovered, lost or abandoned property that is turned over to a public agency where the owner may or may not be known and that is not classified as evidence.
4. "Property" means any item, including currency, that is held for safekeeping or as evidence or found property or that has been abandoned, unclaimed or awarded by the court.
5. "Property value" means the reasonable value of the property in its present condition.
6. "Safekeeping" means storage of an asset or item of value by a public agency that is not classified as evidence and that belongs to a known individual.
Sec. 3. Section 12-941, Arizona Revised Statutes, is amended to read:
12-941. Disposal of certain unclaimed property in the custody of a state, county, city or town agency
A. A state, county, city or town agency shall dispose of all money or property that was used as evidence and remaining that remains unclaimed in the hands of a state, county, city or town officer the agency, after final disposition of the cause in which so used, or that was seized by a peace officer as being used unlawfully or for an unlawful purpose and that was held unclaimed from the date of seizure, or coming that came into the hands of any state, county, city or town officer the agency as unclaimed or contraband. , shall, if no other disposal is prescribed by law, be delivered to the clerk of the superior court if held by a state or county officer, or to the clerk of a city court if held by a city officer, or to the justice of the peace if held by a town officer. A law enforcement agency may retain and use those items that have a useful value to a law enforcement agency may be retained and utilized by that law enforcement agency.
B. Tangible personal Found property turned over to a state, county, city or town officer as lost agency may be returned to the person who found and turned it over if all of the following conditions apply:
1. The property is not contraband.
2. No other disposition of the property is specifically provided by law.
3. 2. The property remains unclaimed for ninety thirty days after reasonable efforts have been made to locate and notify the owner.
4. 3. The person who found and turned over the property is not a public officer or employee of the federal, a state or a local government who found the property in the course of performing the duties of the office of or employment.
C. If money united states currency is delivered to the proper officer by virtue of the provisions of agency pursuant to subsection A of this section, it shall be deposited in the general fund of the state, county, city or town, as the case may be.
D. Items valued at twenty‑five dollars or less or items which have been rejected by the clerk of the court may be given to an appropriate charity.
E. Items that have military or historical value may be given to an appropriate museum.
F. Coins that have a value lesser or greater than face value may be sold to a dealer or for fair market value, whichever is greater.
G. D. A record of all transactions will shall be maintained for at least twenty‑four months.
Sec. 4. Section 12-942, Arizona Revised Statutes, is amended to read:
12-942. Disposal of property unclaimed for thirty days
A. If any such money or property as described in section 12‑941 is not claimed and taken away by the owner within ninety thirty days after the time it has been delivered to the officer receiving custody of the property agency pursuant to section 12‑941, the officer agency may at any time thereafter proceed to dispose of it in the manner provided in this article.
B. If property described in section 12-941 is not claimed by the finder within thirty days after notice to the finder that the property is available to claim, the agency may at any time thereafter proceed to dispose of it in the manner provided in this article.
Sec. 5. Repeal
Section 12-943, Arizona Revised Statutes, is repealed.
Sec. 6. Section 12-944, Arizona Revised Statutes, is amended to read:
12-944. Owner notification; publication of property valued at more than one hundred fifty dollars
A. Before If any property described in the petition as provided by section 12‑943 is sold, if the name and residence of is available for release and the owner thereof is known, the petitioner shall give at least sixty days notice of the petition to the owner, either personally or by mail, or by leaving a notice at his residence or place of business agency shall make a reasonable attempt to notify the owner.
B. If the name and residence of the owner are of found property that has a value of more than one hundred fifty dollars is not known, the petitioner agency holding the property shall cause publish or post a notice containing a description of the property to be published once in a newspaper published in the county. If no newspaper is published in the county, the notice shall be published in a newspaper of general circulation in the county. The publication of the notice shall be at least eighteen days prior to the date of sale before the final disposal of the property.
Sec. 7. Section 12-945, Arizona Revised Statutes, is amended to read:
12-945. Sale of property
A. If after sixty thirty days notice has been given, the owner or person entitled to the property has not taken it away, or answered the petition filed concerning the property, the court shall order the property may be sold. The property shall be sold in the manner provided by law for the sale of personal property under execution in a civil action. The proceeds shall be paid to the general fund of the jurisdiction from which the unclaimed property was received pursuant to section 12‑941.
B. If upon a hearing of the petition and answer it appears that the state, county, city or town has good title to such estate or property or any part thereof, the court shall order the property sold in the manner provided in subsection A. The proceeds of such sale shall be paid to the general fund of the jurisdiction from which the unclaimed property was received pursuant to section 12‑941.
Sec. 8. Repeal
Section 12-946, Arizona Revised Statutes, is repealed.
Sec. 9. Section 13-1811, Arizona Revised Statutes, is amended to read:
13-1811. County bad check trust fund; use of fund
A. The board of supervisors of a county shall establish a county bad check trust fund in the county treasury. The county attorney shall administer the fund under the conditions and for the purposes provided by this section.
B. The county attorney shall transmit to the county treasurer for deposit in the county bad check trust fund any fees that are collected pursuant to sections 13‑1809 and 13‑1810, any investigation and prosecution costs and any monies that are obtained as a result of a forfeiture and that are recovered for the county through enforcement of section 13‑1802, 13‑1807, 13‑2002 or 13‑2310, whether by final judgment, settlement or otherwise.
C. Monies that are collected by the county attorney pursuant to a prosecution under section 13‑1802, 13‑1807, 13‑2002 or 13‑2310 and that are not claimed by a victim within one hundred eighty days after the monies are collected shall be disposed of pursuant to sections section 12‑941 and 12‑946, except that the monies shall be transmitted to the county treasurer for deposit in the county bad check trust fund.
D. The county attorney shall transmit to the county treasurer for deposit in the county bad check trust fund any grant monies that the county attorney receives for the investigation or prosecution of bad check cases from a political subdivision of this state, any department or agency of the United States or another state, any foundation or any corporation.
E. The monies in the fund shall be used only for the expenditures associated with the investigation, prosecution and deferred prosecution of offenses pursuant to sections 13‑1802, 13‑1807, 13‑2002 and 13‑2310.
F. On or before January 15, April 15, July 15 and October 15, the county attorney shall file with the board of supervisors a report for the previous calendar quarter. The report shall set forth the source of all monies for and all expenditures from the fund. The report shall not include any identifying information about specific investigations or prosecutions.
APPROVED BY THE GOVERNOR APRIL 3, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 3, 2012.
