69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2524
A-Engrossed
House Bill 2785
Ordered by the House April 23
Including House Amendments dated April 23
Sponsored by Representative JOHNSON (at the request of Oregon
Bankers Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Specifies that Department of Consumer and Business
Services is state agency to conduct investigation of financial
institution for compliance with Uniform Disposition of Unclaimed
Property Act. - }
{ + Requires Division of State Lands to enter into agreements
with certain state and federal entities to perform joint
examinations of records of any person for purposes of determining
compliance with Uniform Disposition of Unclaimed Property Act.
Provides method by which law enforcement agencies, after
inventory and public notice, may dispose of unclaimed
property. + }
A BILL FOR AN ACT
Relating to unclaimed property; creating new provisions; and
amending ORS 98.412, 133.623, 142.040 and 166.280.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 98.412 is amended to read:
98.412. (1) The Division of State Lands may require a person
who has not filed a report to file a verified report stating
whether or not the person is holding any unclaimed property
reportable or deliverable under ORS 98.352.
(2) The division may at reasonable times and upon reasonable
notice examine the records of any person to determine whether the
person has complied with the provisions of ORS 98.352. The
division may conduct the examination even if the person believes
it is not in possession of any property reportable or deliverable
under this section. The division { - may - } { + shall + }
enter into agreements to perform joint examinations with other
state or federal entities who regularly examine the records of
financial institutions defined in ORS 706.005 (33).
Administrative rules shall be prescribed to establish procedures
and criteria to accomplish such cooperative audits.
(3) If a holder fails after August 3, 1983, to maintain the
records required by ORS 98.354 and the records of the holder
available for the periods subject to ORS 98.302 to 98.436 and
98.992 are insufficient to permit the preparation of a report,
the division may require the holder to report and pay the amounts
which the division reasonably estimates from the report and
available records.
SECTION 2. { + (1) As used in this section:
(a) 'Law enforcement agency' means a sheriff's office,
municipal police department, state police office or law
enforcement agency created by intergovernmental agreement.
(b) 'Unclaimed property' means personal property that was
seized by a law enforcement agency as evidence, abandoned
property, found property or stolen property, and that has
remained in the physical possession of that law enforcement
agency for a period of more than 60 days following conclusion of
all criminal actions related to the seizure of the evidence,
abandoned property, found property or stolen property, or
conclusion of the investigation if no criminal action is filed.
(2) Notwithstanding ORS 98.302 to 98.436, and in addition to
any other method provided by law, a law enforcement agency may
dispose of unclaimed property as follows:
(a) An inventory describing the unclaimed property shall be
prepared by the law enforcement agency.
(b) The law enforcement agency shall publish a notice of intent
to dispose of the unclaimed property described in the inventory
prepared pursuant to paragraph (a) of this subsection. The
notice shall be posted in three public places in the jurisdiction
of the law enforcement agency, and shall also be published in a
newspaper of general circulation in the jurisdiction of the law
enforcement agency. The notice shall include a description of the
unclaimed property as provided in the inventory, the address and
telephone number of the law enforcement agency and a statement in
substantially the following form: + }
_________________________________________________________________
{ +
NOTICE + }
{ + The (law enforcement agency) has in its physical
possession the unclaimed personal property described below. If
you have any ownership interest in any of that unclaimed
property, you must file a claim with the (law enforcement agency)
within 30 days from the date of publication of this notice, or
you will lose your interest in that property. + }
_________________________________________________________________
{ + (c) A copy of the notice described in paragraph (b) of
this subsection shall also be sent to any person that the law
enforcement agency has reason to believe has an ownership or
security interest in any of the unclaimed property described in
the notice. A notice sent pursuant to this paragraph shall be
sent by regular mail to the last known address of the person.
(d) Prior to the expiration of the time period stated in a
notice issued pursuant to this section, a person may file a claim
that presents proof satisfactory to the law enforcement agency
issuing the notice that the person is the lawful owner or
security interest holder of any property described in that
notice. The law enforcement agency may then return the property
to that person.
(e) If a law enforcement agency refuses to return property to a
person that has timely filed a claim pursuant to paragraph (d) of
this subsection, the person may file, within 30 days of the date
of the refusal to return the property, a petition seeking return
of the property to the person. The petition shall be filed in the
circuit court for the county in which the law enforcement agency
is located.
(f) Title to all unclaimed property described in a notice
issued pursuant to this section that is not claimed pursuant to
paragraph (d) of this subsection prior to the expiration of the
time period stated in the notice shall pass to the law
enforcement agency free of any interest or encumbrance thereon in
favor of any person. The law enforcement agency may transfer good
and sufficient title to any subsequent purchaser or transferee,
and the title shall be recognized by all courts and governmental
agencies. Any department, agency or officer of the state or any
political subdivision whose official functions include the
issuance of certificates or other evidence of title shall be
immune from civil or criminal liability when such issuance is
pursuant to a bill of sale issued by the law enforcement
agency. + }
SECTION 3. ORS 133.623 is amended to read:
133.623. (1) The provisions of subsections (2), (3) and (4) of
this section apply to all cases of seizure, except for a seizure
made under a search warrant.
(2) If an officer makes an arrest in connection with the
seizure, the officer shall, as soon thereafter as is reasonably
possible, make a written list of the things seized and furnish a
copy of the list to the defendant.
(3) If no claim to rightful possession has been established
under ORS 133.633 to 133.663, { + the things seized may be
disposed of in accordance with section 2 of this 1997 Act or + }
the court { - shall - } { + may + } order that the things be
delivered to the officials having responsibility under the
applicable laws for selling, destroying or otherwise disposing of
contraband, forfeited or unclaimed goods in official custody. If
the responsible officials are state officials and the property is
forfeited, the clear proceeds shall be deposited with the State
Treasury in the Common School Fund.
(4) If things seized in connection with an arrest are not
needed for evidentiary purposes, and if a person having a
rightful claim establishes identity and right to possession
beyond a reasonable doubt to the satisfaction of the seizing
officer, the officer may summarily return the things seized to
their rightful possessor. If the things seized are perishable and
it is not possible to return them to their rightful possessor,
the seizing officer may dispose of the items as justice and the
necessities of the case require.
SECTION 4. ORS 142.040 is amended to read:
142.040. If stolen property is not claimed by the owner within
60 days from the conviction of the person charged with the theft,
the officer having it in custody shall, if it is money, pay it
into the county treasury. If it is other property, the officer
{ - shall - } { + may dispose of the property in accordance
with section 2 of this 1997 Act or + } sell it as upon an
execution and, after paying the expenses of the sale and
preservation of the property, which shall be ascertained and
certified by the clerk of the court, pay the proceeds into the
county treasury.
SECTION 5. ORS 166.280 is amended to read:
166.280. (1) The unlawful concealed carrying upon the person or
within the vehicle of the carrier of any machine gun, pistol,
revolver, other firearm capable of being concealed upon the
person, or any firearm or any dangerous weapon described in ORS
161.015, used during the commission of any felony or misdemeanor
is a nuisance. Any such weapons taken from the person or vehicle
of any person unlawfully carrying the same are nuisances, and
shall be surrendered to the magistrate before whom the person is
taken, except that in any city, county, town or other municipal
corporation the weapons shall be surrendered to the head of the
police force or police department.
(2) The officers to whom the weapons are surrendered, except as
provided under subsection (4) of this section or upon the
certificate of a judge of a court of record or of the district
attorney of the county that their preservation is necessary or
proper to the ends of justice, shall have authority and be
responsible, subject to applicable laws, for selling such weapons
or shall destroy the weapons to such extent that they are wholly
and entirely ineffective and useless for the purpose for which
they were manufactured.
(3) Upon the certificate of a judge or of the district attorney
that the ends of justice will be subserved thereby, such weapon
shall be preserved until the necessity for its use ceases, at
which time, except as provided under subsection (4) of this
section, the court shall order that the weapons be delivered to
the officials having responsibility under applicable laws and
subsection (2) of this section for selling such weapons, or
destroying the weapons to such extent that they are wholly and
entirely ineffective and useless for the purpose for which they
were manufactured.
(4) In the event any such weapon has been stolen and is
thereafter recovered from the thief or the thief's transferee, it
shall not be destroyed but shall be restored to its lawful owner
as soon as its use as evidence has been served, upon
identification of the weapon and proof of ownership.
(5) The sale of any weapons under this section shall be by
public auction. The agency holding the weapons shall conduct the
auction annually. The agency shall publish notice of the time and
place of the auction in the principal local newspaper no less
than 20 nor more than 30 days before the date of the auction.
Written or printed notice of the auction shall also be posted in
three public places of the county where the sale is to take
place, not less than 10 days successively. The agency shall
permit public inspection of the weapons to be auctioned. Items
shall be sold individually unless there is no interested bidder,
in which case they may be sold in lots.
{ + (6) Notwithstanding the provisions of subsections (2) to
(5) of this section, weapons described in subsection (1) of this
section may be disposed of in accordance with section 2 of this
1997 Act. + }
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