As Reported by House Local Government & Townships Committee     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-EVANS-HARTNETT-CATES-O'BRIEN- TERWILLEGER   10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend section 737.32 of the Revised Code to        14           

                permit municipal police departments to dispose of  15           

                certain unclaimed property by donating it to       16           

                public agencies or nonprofit organizations.                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 737.32 of the Revised Code be       20           

amended to read as follows:                                        21           

      Sec. 737.32.  Property, EXCEPT AS OTHERWISE PROVIDED IN      31           

THIS SECTION AND UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE    32           

DISPOSED OF PURSUANT TO SECTION 2933.41 OR ANOTHER SECTION OF THE  33           

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

days, OR MORE shall be sold by the chief of police of the          35           

municipal corporation, marshal of the village, or licensed         36           

auctioneer at public auction, after giving due notice thereof OF   37           

THE SALE HAS BEEN PROVIDED by advertisement, published             38           

PUBLICATION once a week for three successive weeks in a newspaper  39           

of general circulation in the county.  The proceeds OF THE SALE    40           

shall be paid to the treasurer of the municipal corporation and    42           

SHALL be credited to the general fund OF THE MUNICIPAL             43           

CORPORATION.                                                                    

      IF AUTHORIZED TO DO SO BY RESOLUTION OR ORDINANCE ADOPTED    45           

BY THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION AND      46           

UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE DISPOSED OF         47           

PURSUANT TO SECTION 2933.41 OR ANOTHER SECTION OF THE REVISED      48           

                                                          2      


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

IS UNCLAIMED FOR NINETY DAYS OR MORE TO ONE OR MORE PUBLIC         49           

AGENCIES, TO ONE OR MORE NONPROFIT ORGANIZATIONS NO PART OF THE    50           

NET INCOME OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE           51           

SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART OF THE           52           

ACTIVITIES OF WHICH CONSISTS OF CARRYING ON PROPAGANDA OR                       

OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION, OR TO ONE OR MORE   53           

ORGANIZATIONS SATISFYING SECTION 501 (c)(3) OF THE INTERNAL        55           

REVENUE CODE OF 1986.                                                           

      Section 2.  That existing section 737.32 of the Revised      57           

Code is hereby repealed.                                           58