As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 55 5
1999-2000 6
REPRESENTATIVES SCHULER-CAREY-HAINES-TAYLOR-VESPER-BOYD- 8
JOLIVETTE-PRINGLE-GOODMAN-PATTON-DePIERO-VAN VYVEN- 9
TIBERI-CORBIN-SALERNO-EVANS-HARTNETT-CATES-O'BRIEN- 10
TERWILLEGER-VERICH-SULZER-HOLLISTER-MOTTLEY-GRENDELL- 11
SCHURING-BRADING-HARRIS-METZGER-MAIER-LUCAS-OGG-FLANNERY- 12
BARNES-BRITTON-BENDER-WILSON-ALLEN-WINKLER- 14
SENATORS WATTS-SCHAFRATH-SPADA-GARDNER-BLESSING-
CARNES-KEARNS-WHITE-PRENTISS 15
_________________________________________________________________ 17
A B I L L
To amend sections 737.32 and 2933.41 and to enact 19
sections 505.105, 505.106, 505.107, 505.108, 20
505.109, and 505.991 of the Revised Code to
permit municipal and township police departments 22
to dispose of certain unclaimed property by
donating it to public agencies or nonprofit 23
organizations and to authorize township police 24
departments to dispose of stolen or other
recovered property in generally the same manner 25
as the statutory procedure used by some municipal
corporations. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 737.32 and 2933.41 be amended and 30
sections 505.105, 505.106, 505.107, 505.108, 505.109, and 505.991 31
of the Revised Code be enacted to read as follows: 33
Sec. 505.105. STOLEN OR OTHER PROPERTY RECOVERED BY 35
MEMBERS OF AN ORGANIZED POLICE DEPARTMENT OF A TOWNSHIP, A 37
TOWNSHIP POLICE DISTRICT, A JOINT TOWNSHIP POLICE DISTRICT, OR 38
THE OFFICE OF A TOWNSHIP CONSTABLE SHALL BE DEPOSITED AND KEPT IN
2
A PLACE DESIGNATED BY THE HEAD OF THE DEPARTMENT, DISTRICT, OR 40
OFFICE. EACH ARTICLE OF PROPERTY SHALL BE ENTERED IN A BOOK KEPT 41
FOR THAT PURPOSE, WITH THE NAME OF ITS OWNER, IF ASCERTAINED, THE 42
PERSON FROM WHOM IT WAS TAKEN, THE PLACE WHERE IT WAS FOUND WITH 43
GENERAL CIRCUMSTANCES, THE DATE OF ITS RECEIPT, AND THE NAME OF 45
THE OFFICER RECEIVING IT.
AN INVENTORY OF ALL MONEY OR OTHER PROPERTY SHALL BE GIVEN 47
TO THE PARTY FROM WHOM IT WAS TAKEN, AND, IF IT IS NOT CLAIMED BY 49
SOME PERSON WITHIN THIRTY DAYS AFTER ARREST AND SEIZURE, IT SHALL 50
BE DELIVERED TO THE PERSON FROM WHOM IT WAS TAKEN, AND TO NO 52
OTHER PERSON, EITHER ATTORNEY, AGENT, FACTOR, OR CLERK, EXCEPT BY
SPECIAL ORDER OF THE HEAD OF THE DEPARTMENT, DISTRICT, OR OFFICE. 53
Sec. 505.106. NO OFFICER, OR OTHER MEMBER OF AN ORGANIZED 56
POLICE DEPARTMENT OF A TOWNSHIP, A TOWNSHIP POLICE DISTRICT, A 57
JOINT TOWNSHIP POLICE DISTRICT, OR THE OFFICE OF A TOWNSHIP
CONSTABLE SHALL NEGLECT OR REFUSE TO DEPOSIT PROPERTY TAKEN OR 59
FOUND BY THE OFFICER OR OTHER MEMBER IN POSSESSION OF A PERSON 61
ARRESTED. ANY CONVICTION FOR A VIOLATION OF THIS SECTION SHALL 62
VACATE THE OFFICE OF THE PERSON SO CONVICTED.
Sec. 505.107. IF, WITHIN THIRTY DAYS, THE MONEY OR 64
PROPERTY RECOVERED UNDER SECTION 505.105 OF THE REVISED CODE IS 66
CLAIMED BY ANY OTHER PERSON, IT SHALL BE RETAINED BY ITS 68
CUSTODIAN UNTIL AFTER THE DISCHARGE OR CONVICTION OF THE PERSON 69
FROM WHOM IT WAS TAKEN AND AS LONG AS IT IS REQUIRED AS EVIDENCE
IN ANY CASE IN COURT. IF THAT CLAIMANT ESTABLISHES TO THE 70
SATISFACTION OF THE COURT THAT THE CLAIMANT IS THE RIGHTFUL 71
OWNER, THE MONEY OR PROPERTY SHALL BE RESTORED TO THE CLAIMANT; 73
OTHERWISE, IT SHALL BE RETURNED TO THE ACCUSED PERSON, 74
PERSONALLY, AND NOT TO ANY ATTORNEY, AGENT, FACTOR, OR CLERK OF 75
THE ACCUSED PERSON, EXCEPT UPON SPECIAL ORDER OF THE HEAD OF THE 76
ORGANIZED POLICE DEPARTMENT OF THE TOWNSHIP, TOWNSHIP POLICE 77
DISTRICT, JOINT TOWNSHIP POLICE DISTRICT, OR OFFICE OF A TOWNSHIP 78
CONSTABLE, AS THE CASE MAY BE, AFTER ALL LIENS AND CLAIMS IN
FAVOR OF THE TOWNSHIP HAVE FIRST BEEN DISCHARGED AND SATISFIED. 80
3
Sec. 505.108. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 82
AND UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE DISPOSED OF 83
PURSUANT TO ANOTHER SECTION OF THE REVISED CODE, PROPERTY THAT IS 85
UNCLAIMED FOR NINETY DAYS OR MORE SHALL BE SOLD BY THE CHIEF OF 86
POLICE OR OTHER HEAD OF THE ORGANIZED POLICE DEPARTMENT OF THE 87
TOWNSHIP, TOWNSHIP POLICE DISTRICT, JOINT TOWNSHIP POLICE 89
DISTRICT, OR OFFICE OF A TOWNSHIP CONSTABLE AT PUBLIC AUCTION, 90
AFTER NOTICE OF THE SALE HAS BEEN PROVIDED BY PUBLICATION ONCE A 91
WEEK FOR THREE SUCCESSIVE WEEKS IN A NEWSPAPER OF GENERAL 92
CIRCULATION IN THE COUNTY, OR COUNTIES, IF APPROPRIATE, IN THE 93
CASE OF A JOINT TOWNSHIP POLICE DISTRICT. THE PROCEEDS OF THE 94
SALE SHALL BE PAID TO THE CLERK OF THE TOWNSHIP AND CREDITED TO 95
THE TOWNSHIP GENERAL FUND, EXCEPT THAT, IN THE CASE OF A JOINT 96
TOWNSHIP POLICE DISTRICT, THE PROCEEDS OF A SALE SHALL BE PAID TO 97
THE CLERK OF THE MOST POPULOUS PARTICIPATING TOWNSHIP AND 98
CREDITED TO THE APPROPRIATE TOWNSHIP GENERAL FUND OR FUNDS
ACCORDING TO AGREEMENT OF THE PARTICIPATING TOWNSHIPS. 99
IF AUTHORIZED TO DO SO BY A RESOLUTION ADOPTED BY THE BOARD 101
OF TOWNSHIP TRUSTEES OR, IN THE CASE OF A JOINT TOWNSHIP POLICE 102
DISTRICT, EACH PARTICIPATING BOARD OF TOWNSHIP TRUSTEES, AND IF 104
THE PROPERTY INVOLVED IS NOT REQUIRED TO BE DISPOSED OF PURSUANT 105
TO ANOTHER SECTION OF THE REVISED CODE, THE HEAD OF THE 106
DEPARTMENT, DISTRICT, OR OFFICE MAY CONTRIBUTE PROPERTY THAT IS 108
UNCLAIMED FOR NINETY DAYS OR MORE TO ONE OR MORE PUBLIC AGENCIES, 109
TO ONE OR MORE NONPROFIT ORGANIZATIONS NO PART OF THE NET INCOME 110
OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR 111
INDIVIDUAL AND NO SUBSTANTIAL PART OF THE ACTIVITIES OF WHICH 112
CONSISTS OF CARRYING ON PROPAGANDA OR OTHERWISE ATTEMPTING TO 113
INFLUENCE LEGISLATION, OR TO ONE OR MORE ORGANIZATIONS SATISFYING 114
SECTION 501(c)(3) OR (c)(19) OF THE INTERNAL REVENUE CODE OF 116
1986.
Sec. 505.109. UPON THE SALE OF ANY UNCLAIMED PROPERTY AS 118
PROVIDED IN SECTION 505.108 OF THE REVISED CODE, IF ANY OF THE 119
UNCLAIMED PROPERTY WAS ORDERED REMOVED TO A PLACE OF STORAGE OR 121
4
STORED, OR BOTH, BY OR UNDER THE DIRECTION OF THE HEAD OF THE 122
ORGANIZED POLICE DEPARTMENT OF THE TOWNSHIP, TOWNSHIP POLICE 123
DISTRICT, JOINT TOWNSHIP POLICE DISTRICT, OR OFFICE OF A TOWNSHIP 124
CONSTABLE, ANY EXPENSES OR CHARGES FOR THE REMOVAL OR STORAGE, OR 125
BOTH, AND COSTS OF SALE, PROVIDED THEY ARE APPROVED BY THE HEAD 126
OF THE DEPARTMENT, DISTRICT, OR OFFICE, SHALL FIRST BE PAID FROM 128
THE PROCEEDS OF THE SALE. NOTICE SHALL BE GIVEN BY CERTIFIED 129
MAIL, THIRTY DAYS BEFORE THE DATE OF THE SALE, TO THE OWNER AND 130
MORTGAGEE, OR OTHER LIENHOLDER, AT THEIR LAST KNOWN ADDRESSES.
Sec. 505.991. WHOEVER VIOLATES SECTION 505.106 OF THE 132
REVISED CODE SHALL BE FINED NOT LESS THAN TWICE THE VALUE OF ANY 134
PROPERTY NOT DEPOSITED AS PROVIDED BY THAT SECTION, BUT NOT MORE 135
THAN THREE THOUSAND DOLLARS, OR IMPRISONED NOT MORE THAN THIRTY 136
DAYS, OR BOTH.
Sec. 737.32. Property, EXCEPT AS OTHERWISE PROVIDED IN 146
THIS SECTION AND UNLESS THE PROPERTY INVOLVED IS REQUIRED TO BE 147
DISPOSED OF PURSUANT TO ANOTHER SECTION OF THE REVISED CODE, 148
PROPERTY THAT IS unclaimed for the period of ninety days, OR MORE 149
shall be sold by the chief of police of the municipal 150
corporation, marshal of the village, or licensed auctioneer at 151
public auction, after giving due notice thereof OF THE SALE HAS 152
BEEN PROVIDED by advertisement, published PUBLICATION once a week 153
for three successive weeks in a newspaper of general circulation 155
in the county. The proceeds OF THE SALE shall be paid to the 156
treasurer of the municipal corporation and SHALL be credited to 157
the general fund OF THE MUNICIPAL CORPORATION. 158
IF AUTHORIZED TO DO SO BY AN ORDINANCE ADOPTED BY THE 160
LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION AND IF THE 161
PROPERTY INVOLVED IS NOT REQUIRED TO BE DISPOSED OF PURSUANT TO 162
ANOTHER SECTION OF THE REVISED CODE, THE CHIEF OF POLICE OR 163
MARSHAL MAY CONTRIBUTE PROPERTY THAT IS UNCLAIMED FOR NINETY DAYS 164
OR MORE TO ONE OR MORE PUBLIC AGENCIES, TO ONE OR MORE NONPROFIT 165
ORGANIZATIONS NO PART OF THE NET INCOME OF WHICH INURES TO THE
BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL AND NO 166
5
SUBSTANTIAL PART OF THE ACTIVITIES OF WHICH CONSISTS OF CARRYING 167
ON PROPAGANDA OR OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION, 168
OR TO ONE OR MORE ORGANIZATIONS SATISFYING SECTION 501(c)(3) OR 169
(c)(19) OF THE INTERNAL REVENUE CODE OF 1986. 171
Sec. 2933.41. (A)(1) Any property, other than contraband 180
that is subject to the provisions of section 2913.34 or 2933.43 182
of the Revised Code, other than property that is subject to 183
section 3719.141 of the Revised Code, other than property that is 184
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45 185
of the Revised Code, other than a vehicle that is criminally 187
forfeited under an order issued under section 4503.233 or 188
4503.234 of the Revised Code and that is to be disposed of under 189
section 4503.234 of the Revised Code, other than property that 190
has been lawfully seized under sections 2933.71 to 2933.75 of the 191
Revised Code in relation to a medicaid fraud offense, and other 192
than property that has been lawfully seized in relation to a 193
violation of section 2923.32 of the Revised Code, that has been 194
lost, abandoned, stolen, seized pursuant to a search warrant, or 195
otherwise lawfully seized or forfeited, and that is in the 196
custody of a law enforcement agency shall be kept safely pending 197
the time it no longer is needed as evidence and shall be disposed 198
of pursuant to this section. Each law enforcement agency that 199
has custody of any property that is subject to this section shall 200
adopt a written internal control policy that addresses the 201
keeping of detailed records as to the amount of property taken in 202
by the agency, that addresses the agency's disposition of the 203
property under this section, that provides for the keeping of 204
detailed records of the disposition of the property, and that 205
provides for the keeping of detailed financial records of the 206
amount and disposition of any proceeds of a sale of the property 207
under division (D)(8) of this section and of the general types of 208
expenditures made out of the proceeds retained by the agency and 209
the specific amount expended on each general type of expenditure. 210
The policy shall not provide for or permit the identification of 211
6
any specific expenditure that is made in an ongoing 212
investigation. The policy is a public record open for inspection 213
under section 149.43 of the Revised Code. 214
(2)(a) Every law enforcement agency that has any lost, 216
abandoned, stolen, seized, or forfeited property as described in 217
division (A)(1) of this section in its custody shall comply with 218
its written internal control policy adopted under that division 219
relative to the property. Each agency that has any SUCH property 221
of that nature in its custody, except for property to be disposed 222
of under division (D)(4) of this section, shall maintain an 223
accurate record, in accordance with its written internal control 224
policy, of each item of the property. The record shall include 225
the date on which each item of property came into the agency's 226
custody, the manner in which it was disposed of, the date of its 227
disposition, the name of the person who received the property if 228
it was not destroyed, and all other information required by the 229
agency's written internal control policy; however, the record 230
shall not identify or enable the identification of the individual 231
officer who seized any item of property. The record of any 232
property that no longer is needed as evidence, and all financial 233
records of the amount and disposition of any proceeds of a sale 234
under division (D)(8) of this section and of the general types of 235
expenditures made out of the proceeds retained by the agency and 236
the specific amount of each general type of expenditure, shall be 237
open to public inspection during the agency's regular business 238
hours. 239
Each law enforcement agency that, during any calendar year, 241
has any seized or forfeited property as described in division 242
(A)(1) of this section in its custody shall prepare a report 243
covering the calendar year that cumulates all of the information 244
contained in all of the records kept by the agency pursuant to 245
this division for that calendar year and shall send a copy of the 247
cumulative report, no later than the first day of March in the 248
calendar year following the calendar year covered by the report, 249
7
to the attorney general. Each report received by the attorney 250
general is a public record open for inspection under section 251
149.43 of the Revised Code.
(b) Each law enforcement agency that receives in any 253
calendar year any proceeds of a sale under division (D)(8) of 254
this section shall prepare a report covering the calendar year 255
that cumulates all of the information contained in all of the 256
public financial records kept by the agency pursuant to division 257
(D)(2)(a) of this section for that calendar year and shall send a 259
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by 260
the report, to the attorney general. Each report received by the 261
attorney general is a public record open for inspection under 262
section 149.43 of the Revised Code. 263
(c) Not later than the fifteenth day of April in the 265
calendar year in which reports are sent to the attorney general 266
under divisions (A)(2)(a) and (b) of this section, the attorney 268
general shall send to the president of the senate and the speaker
of the house of representatives a written notification that does 269
all of the following: 270
(i) Indicates that the attorney general has received from 272
law enforcement agencies reports of the type described in 274
division (A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this 275
section, whichever is applicable, that cover the previous 276
calendar year and indicates that the reports were received under 277
division (A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this 278
section, whichever is applicable;
(ii) Indicates that the reports are open for inspection 281
under section 149.43 of the Revised Code; 282
(iii) Indicates that the attorney general will provide a 285
copy of any or all of the reports to the president of the senate 286
or the speaker of the house of representatives upon request. 287
(B) A law enforcement agency that has property in its 289
possession that is required to be disposed of pursuant to this 290
8
section shall make a reasonable effort to locate the persons 291
entitled to possession of the property in its custody, to notify 292
them of when and where it may be claimed, and to return the 293
property to them at the earliest possible time. In the absence 294
of evidence identifying persons entitled to possession, it is 295
sufficient notice to advertise in a newspaper of general 296
circulation in the county, briefly describing the nature of the 297
property in custody and inviting persons to view and establish 298
their right to it. 299
(C) A person loses any right that the person may have to 301
the possession, or the possession and ownership, of property if 302
any of the following applies: 303
(1) The property was the subject, or was used in a 305
conspiracy or attempt to commit, or in the commission, of an 306
offense other than a traffic offense, and the person is a 307
conspirator, accomplice, or offender with respect to the offense. 308
(2) A court determines that the property should be 310
forfeited because, in light of the nature of the property or the 311
circumstances of the person, it is unlawful for the person to 312
acquire or possess the property. 313
(D) Unclaimed or forfeited property in the custody of a 315
law enforcement agency, other than contraband that is subject to 316
the provisions of section 2913.34 or 2933.43 of the Revised Code, 318
other than property forfeited under sections 2923.44 to 2923.47
or 2925.41 to 2925.45 of the Revised Code, and other than 320
property that has been lawfully seized in relation to a violation 321
of section 2923.32 of the Revised Code, shall be disposed of on 322
application to and order of any court of record that has 323
territorial jurisdiction over the political subdivision in which 324
the law enforcement agency has jurisdiction to engage in law 325
enforcement activities, as follows:
(1) Drugs shall be disposed of pursuant to section 3719.11 327
of the Revised Code or placed in the custody of the secretary of 328
the treasury of the United States for disposal or use for medical 329
9
or scientific purposes under applicable federal law. 330
(2) Firearms and dangerous ordnance suitable for police 332
work may be given to a law enforcement agency for that purpose. 333
Firearms suitable for sporting use or as museum pieces or 334
collectors' items may be sold at public auction pursuant to 335
division (D)(8) of this section. Other firearms and dangerous 336
ordnance shall be destroyed by the agency or shall be sent to the 337
bureau of criminal identification and investigation for 338
destruction by the bureau. 339
(3) Obscene materials shall be destroyed. 341
(4) Beer, intoxicating liquor, or alcohol seized from a 343
person who is not the holder of a permit issued under Chapters 344
4301. and 4303. of the Revised Code or is an offender and 345
forfeited to the state under section 4301.45 or 4301.53 of the 346
Revised Code either shall be sold by the division of liquor 347
control, if the division determines that the beer, intoxicating 348
liquor, or alcohol is fit for sale, or shall be placed in the 349
custody of the investigations unit in the department of public 350
safety and be used for training relating to law enforcement 351
activities. The department, with the assistance of the division 352
of liquor control, shall adopt rules in accordance with Chapter 354
119. of the Revised Code to provide for the distribution of such
beer, intoxicating liquor, or alcohol to state or local law 355
enforcement agencies upon their request. If any tax imposed 356
under Title XLIII of the Revised Code has not been paid in 357
relation to the beer, intoxicating liquor, or alcohol, the 358
proceeds of the sale shall first be used to pay the tax. All 359
other money collected under division (D)(4) of this section shall 360
be paid into the state treasury. Any such beer, intoxicating 361
liquor, or alcohol that the division determines to be unfit for 362
sale shall be destroyed. 363
(5) Money received by an inmate of a correctional 365
institution from an unauthorized source or in an unauthorized 366
manner shall be returned to the sender, if known, or deposited in 367
10
the inmates' industrial and entertainment fund if the sender is 368
not known. 369
(6) Vehicles and vehicle parts forfeited under sections 371
4549.61 to 4549.63 of the Revised Code may be given to a law 372
enforcement agency for use in the performance of its duties. 373
Those parts may be incorporated into any other official vehicle. 374
Parts that do not bear vehicle identification numbers or 375
derivatives of them may be sold or disposed of as provided by 376
rules of the director of public safety. Parts from which a 377
vehicle identification number or derivative of it has been 378
removed, defaced, covered, altered, or destroyed and that are not 379
suitable for police work or incorporation into an official 380
vehicle shall be destroyed and sold as junk or scrap. 381
(7)(a) Computers, computer networks, computer systems, and 383
computer software suitable for police work may be given to a law 384
enforcement agency for that purpose. Other computers, computer 385
networks, computer systems, and computer software shall be 386
disposed of pursuant to division (D)(8) of this section. 387
(b) As used in this section, "computers," "computer 389
networks," "computer systems," and "computer software" have the 390
same meanings as in section 2913.01 of the Revised Code. 391
(8) Other unclaimed or forfeited property, with the 393
approval of the court, may be used by the law enforcement agency 394
that has possession of it. If the other unclaimed or forfeited 395
property is not used by the law enforcement agency, it may be 396
sold, without appraisal, at a public auction to the highest 397
bidder for cash, or, in the case of other unclaimed or forfeited 398
moneys, disposed of in another manner that the court considers 399
proper in the circumstances. 400
(E)(1)(a) If the property was in the possession of the law 403
enforcement agency in relation to a delinquent child proceeding 404
in a juvenile court, ten per cent of the proceeds from property 405
disposed of pursuant to this section shall be applied to one or 406
more alcohol and drug addiction treatment programs that are 407
11
certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised Code and that are 409
specified by the court in its order issued under division (D) of 410
this section. A juvenile court shall not specify an alcohol or 412
drug addiction treatment program in the order unless the program 414
is a certified alcohol and drug addiction treatment program and, 415
except as provided in division (E)(1)(a) of this section, unless 416
the program is located in the county in which the court that 418
issues the orders is located or in a contiguous county. If no 419
certified alcohol and drug addiction treatment program is located 420
in any of those counties, the juvenile court may specify in the
order a certified alcohol and drug addiction treatment program 423
located anywhere within this state. The remaining ninety per 424
cent of the proceeds shall be applied as provided in divisions 425
DIVISION (E)(1)(b) of this section. 426
If the property was in the possession of the law 428
enforcement agency other than in relation to a delinquent child 429
proceeding in a juvenile court, all of the proceeds from property 430
disposed of pursuant to this section shall be applied as provided 431
in division (E)(1)(b) of this section. 432
(b) Except as provided in divisions (D)(4), (5), and 434
(E)(2) of this section and after compliance with division 435
(E)(1)(a) of this section when that division is applicable, the 437
proceeds from property disposed of pursuant to this section shall 438
be placed in the general fund of the state, the county, the 439
township, or the municipal corporation, of which the law 440
enforcement agency involved is an agency. 441
(2) Each board of county commissioners that recognizes a 443
citizens' reward program as provided in section 9.92 of the 444
Revised Code shall notify each law enforcement agency of that 445
county and each law enforcement agency of a township or municipal 446
corporation wholly located in that county of the official 447
recognition of the citizens' reward program by filing a copy of 448
its resolution conferring that recognition with each of those law 450
12
enforcement agencies. When the board of county commissioners of 451
a county recognizes a citizens' reward program and the county 452
includes a part, but not all, of the territory of a municipal 453
corporation, the board shall so notify the law enforcement agency 454
of that municipal corporation of the official recognition of the 455
citizens' reward program only if the county contains the highest 456
percentage of the municipal corporation's population. Upon 457
receipt of a notice of that nature DESCRIBED IN THIS DIVISION, 458
each law enforcement agency shall pay twenty-five per cent of the 461
proceeds from each sale of property disposed of pursuant to this 462
section to the citizens' reward program for use exclusively for 463
the payment of rewards. No part of those funds may be used to 464
pay for the administrative expenses or any other expenses 465
associated with a citizens' reward program. If a citizens' 466
reward program that operates in more than one county or in 467
another state or states in addition to this state receives funds 468
pursuant to this section, the funds shall be used to pay rewards 469
only for tips and information to law enforcement agencies 470
concerning felonies, offenses of violence, or misdemeanors that 471
have been committed in the county from which the funds were 472
received.
(F) This section does not apply to the collection, 474
storage, or disposal of abandoned junk motor vehicles. This 475
section shall not be construed to rescind or restrict the 476
authority of a municipal law enforcement agency to keep and 477
dispose of lost, abandoned, stolen, seized, or forfeited property 478
under an ordinance of the municipal corporation OR UNDER SECTIONS 479
737.29 TO 737.33 OF THE REVISED CODE, provided that, when a 481
municipal corporation that has received notice as provided in 482
division (E)(2) of this section disposes of property under an 483
ordinance of that nature, it shall pay twenty-five per cent of 484
the proceeds from any sale or auction to the citizens' reward 485
program as provided under that division. 486
(G) The receipt of funds by a citizens' reward program 488
13
pursuant to division (E) of this section does not make it a 489
governmental unit for purposes of section 149.43 of the Revised 490
Code and does not subject it to the disclosure provisions of that 491
section. 492
(H) THIS SECTION DOES NOT APPLY TO THE DISPOSAL OF STOLEN 494
OR OTHER PROPERTY RECOVERED BY TOWNSHIP LAW ENFORCEMENT AGENCIES 495
PURSUANT TO SECTIONS 505.105 TO 505.109 OF THE REVISED CODE. 496
(I) For purposes of this section, "law enforcement agency" 498
includes correctional institutions. As used in this section, AND 500
"citizens' reward program" has the same meaning as in section 501
9.92 of the Revised Code. AS USED IN DIVISION (H) OF THIS 502
SECTION, "TOWNSHIP LAW ENFORCEMENT AGENCIES" MEANS AN ORGANIZED 503
POLICE DEPARTMENT OF A TOWNSHIP, A TOWNSHIP POLICE DISTRICT, A 504
JOINT TOWNSHIP POLICE DISTRICT, OR THE OFFICE OF A TOWNSHIP 505
CONSTABLE.
Section 2. That existing sections 737.32 and 2933.41 of 507
the Revised Code are hereby repealed. 508