Bill Text: NC S356 | 2015-2016 | Regular Session | Amended
Bill Title: Electronic Ads/Property Seized by Police
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-25 - Re-ref Com On Judiciary II [S356 Detail]
Download: North_Carolina-2015-S356-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 356
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Short Title: Electronic Ads/Property Seized by Police. |
(Public) |
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Sponsors: |
Senator Rabin (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate. |
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March 23, 2015
A BILL TO BE ENTITLED
AN ACT to authorize sheriffs and police departments to advertise sales of seized or confiscated property electronically; and to make conforming changes to the general statutes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15‑14 reads as rewritten:
"§ 15‑14.
Notice of sale.sale or donation.
(a) Advertisement of Sale or Donation Required.
– Before any sale or donation of said property is made under the
provisions of this Article, however, the said sheriff or
police department making the same sale or donation shall first
advertise the sale or donation by at least one of the following
methods:
(1) publishing Publication of a
notice thereof in some newspaper published in the said county at least one time
not less than 10 days prior to the date of sale,sale or donation.
(2) Publication of a notice thereof electronically on a Web site or social media account that is regularly updated by the sheriff, police department, or other government agency and that is accessible electronically by the general public.
(b) Posting of Notice Required. – In
addition to the publication of notice required by subsection (a) of this
section, the sheriff or police department making the sale or donation shall
and by posting post a notice of the sale or donation at
the county courthouse door and at three other public places in the
said county.door, at the sheriff or police department's headquarters or
office, and in at least one other area open to the general public.
(c) Contents of Notice. – Said notice
shall specify the time and place of sale, and contain a sufficient description
of the articles of property to be sold. It shall not be required that the sale
lay open for increase bids or objections, but it may be deemed closed when the
purchaser at the sale pays the amount of the accepted bid.The notice
required to be published and posted under subsections (a) and (b) of this
section shall set forth all of the following:
(1) A brief description of the property to be sold or donated and such other information as the officer or department may consider necessary or advisable to reasonably inform the public as to the kind and nature of the property to be sold or donated.
(2) A statement requiring all persons who claim any interest in the articles that are to be sold or donated to make their claim not later than 30 days from the date of the publication or posting of the notice and stating that the property will be sold or donated if a valid claim is not made within that period.
(3) The time and place of the sale, if applicable. If the property is to be sold through an electronic or Internet‑based auction service, the notice shall include instructions for accessing the auction."
SECTION 2. G.S. 15‑12 reads as rewritten:
"§ 15‑12. Publication of notice of unclaimed property; advertisement and sale or donation of unclaimed bicycles.
(a) Unless otherwise provided herein, whenever such
articles in the possession of any sheriff or police department have remained
unclaimed by the person who may be entitled thereto for a period of 180 days
after such seizure, confiscation, or receipt thereof in any other manner, by
such sheriff or police department, the said sheriff or police department in
whose possession said articles are may cause to be published one time in
some newspaper published in said county a notice to the effect that such
articles are in the custody of such officer or department, and requiring all
persons who may have or claim any interest therein to make and establish such
claim or interest not later than 30 days from the date of the publication of
such notice or in default thereof, such articles will be sold and disposed of.
Such notice shall contain a brief description of the said articles and such
other information as the said officer or department may consider necessary or
advisable to reasonably inform the public as to the kind and nature of the
article about which the notice relates.in accordance with the provisions
of G.S. 15‑14.
(b) Notwithstanding subsection (a) of this section or
Article 12 of Chapter 160A of the General Statutes, when bicycles which are in
the possession of any sheriff or police department, as provided for in this
Article, have remained unclaimed by the person who may be entitled thereto for
a period of 60 days after such seizure, confiscation or receipt thereof, the
said sheriff or police department who has possession of any such bicycle may
proceed to advertiseadvertise, in accordance with the requirements of
G.S. 15‑14, and sell such bicycles as provided by this Article,
or may donate such bicycles to a charitable organization exempt under section
501(c)(3) of the Internal Revenue Code. If the bicycles are to be donated, the
notice shall state that as the intended disposition if they are not claimed."
SECTION 3. G.S. 15‑13 reads as rewritten:
"§ 15‑13. Public sale 30 days after publication of notice.
If said articles shall remain unclaimed or satisfactory
evidence of ownership thereof not be presented to the sheriff or police
department, as the case may be, for a period of 30 days after the publication and
posting of the notice provided for in G.S. 15‑12,required
by G.S. 15‑14, then the said sheriff or police department
in whose custody such the articles may be is hereby authorized
and empowered to sell the same at public auction for cash to the highest
bidder, either at the courthouse door of the county, the county law enforcement
headquarters if the sale is conducted by the sheriff, or at the police
headquarters of the municipality in which the said articles of property are located,
and at such sale to deliver the same to the purchaser or purchasers thereof."
SECTION 4. G.S. 15‑14.1 reads as rewritten:
"§ 15‑14.1. Sale of property through electronic auction.
In addition to selling property as authorized in G.S. 15‑13, a sheriff or police department may sell property in his or its possession through an electronic auction service. When doing so, there shall be no requirement that a sale remain open to accept upset bids or objections. The sheriff or police department shall comply with the publication and notice requirements provided in G.S. 15‑12 through G.S. 15‑14 prior to any sale under this section."
SECTION 5. This act becomes effective October 1, 2015.
