As Passed by the House                        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-         9            

      TERWILLEGER-VERICH-SULZER-HOLLISTER-MOTTLEY-GRENDELL-        10           

    SCHURING-BRADING-HARRIS-METZGER-MAIER-LUCAS-OGG-FLANNERY-      11           

           BARNES-BRITTON-BENDER-WILSON-ALLEN-WINKLER              12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend section 737.32 of the Revised Code to        16           

                permit municipal police departments to dispose of  17           

                certain unclaimed property by donating it to       18           

                public agencies or nonprofit organizations.                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That section 737.32 of the Revised Code be       22           

amended to read as follows:                                        23           

      Sec. 737.32.  Property, EXCEPT AS OTHERWISE PROVIDED IN      33           

THIS SECTION AND UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE    34           

DISPOSED OF PURSUANT TO SECTION 2933.41 OR ANOTHER SECTION OF THE  35           

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

days, OR MORE shall be sold by the chief of police of the          37           

municipal corporation, marshal of the village, or licensed         38           

auctioneer at public auction, after giving due notice thereof OF   39           

THE SALE HAS BEEN PROVIDED by advertisement, published             40           

PUBLICATION once a week for three successive weeks in a newspaper  41           

of general circulation in the county.  The proceeds OF THE SALE    42           

shall be paid to the treasurer of the municipal corporation and    44           

SHALL be credited to the general fund OF THE MUNICIPAL             45           

CORPORATION.                                                                    

      IF AUTHORIZED TO DO SO BY RESOLUTION OR ORDINANCE ADOPTED    47           

                                                          2      


                                                                 
BY THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION AND      48           

UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE DISPOSED OF         49           

PURSUANT TO SECTION 2933.41 OR ANOTHER SECTION OF THE REVISED      50           

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

IS UNCLAIMED FOR NINETY DAYS OR MORE TO ONE OR MORE PUBLIC         51           

AGENCIES, TO ONE OR MORE NONPROFIT ORGANIZATIONS NO PART OF THE    52           

NET INCOME OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE           53           

SHAREHOLDER OR INDIVIDUAL AND NO SUBSTANTIAL PART OF THE           54           

ACTIVITIES OF WHICH CONSISTS OF CARRYING ON PROPAGANDA OR                       

OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION, OR TO ONE OR MORE   55           

ORGANIZATIONS SATISFYING SECTION 501 (c)(3) OF THE INTERNAL        57           

REVENUE CODE OF 1986.                                                           

      Section 2.  That existing section 737.32 of the Revised      59           

Code is hereby repealed.                                           60