As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                   H. B. No. 55  5            

      1999-2000                                                    6            


    REPRESENTATIVES SCHULER-CAREY-HAINES-TAYLOR-VESPER-BOYD-       7            

       JOLIVETTE-PRINGLE-GOODMAN-PATTON-DePIERO-VAN VYVEN-         8            

                      TIBERI-CORBIN-SALERNO                        9            


                                                                   11           

                           A   B I L L                                          

             To amend section 737.32 of the Revised Code to        13           

                permit municipal police departments to dispose of  14           

                certain unclaimed property by donating it to       15           

                public agencies or nonprofit organizations.                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That section 737.32 of the Revised Code be       19           

amended to read as follows:                                        20           

      Sec. 737.32.  Property, EXCEPT AS OTHERWISE PROVIDED IN      30           

THIS SECTION AND UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE    31           

DISPOSED OF PURSUANT TO SECTION 2933.41 OR ANOTHER SECTION OF THE  32           

REVISED CODE, PROPERTY THAT IS unclaimed for the period of ninety               

days, OR MORE shall be sold by the chief of police of the          34           

municipal corporation, marshal of the village, or licensed         35           

auctioneer at public auction, after giving due notice thereof OF   36           

THE SALE HAS BEEN PROVIDED by advertisement, published             37           

PUBLICATION once a week for three successive weeks in a newspaper  38           

of general circulation in the county.  The proceeds OF THE SALE    39           

shall be paid to the treasurer of the municipal corporation and    41           

SHALL be credited to the general fund OF THE MUNICIPAL             42           

CORPORATION.                                                                    

      IF AUTHORIZED TO DO SO BY RESOLUTION OR ORDINANCE ADOPTED    44           

BY THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION AND      45           

UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE DISPOSED OF         46           

PURSUANT TO SECTION 2933.41 OR ANOTHER SECTION OF THE REVISED      47           

                                                          2      

                                                                 
CODE, THE CHIEF OF POLICE OR MARSHAL MAY CONTRIBUTE PROPERTY THAT               

IS UNCLAIMED FOR NINETY DAYS OR MORE TO ONE OR MORE PUBLIC         48           

AGENCIES, TO ONE OR MORE NONPROFIT ORGANIZATIONS NO PART OF THE    49           

NET INCOME OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE           50           

SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART OF THE           51           

ACTIVITIES OF WHICH CONSISTS OF CARRYING ON PROPAGANDA OR                       

OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION, OR TO ONE OR MORE   52           

ORGANIZATIONS SATISFYING SECTION 501 (c)(3) OF THE INTERNAL        54           

REVENUE CODE OF 1986.                                                           

      Section 2.  That existing section 737.32 of the Revised      56           

Code is hereby repealed.                                           57