California Legislature—2013–14 Regular Session

Assembly Bill No. 212

Introduced by Assembly Member Lowenthal

January 31, 2013

An act to amend Sections 1513.5, 1520, and 1530 of the Code of Civil Procedure, relating to unclaimed property.

LEGISLATIVE COUNSEL’S DIGEST

AB 212, as introduced, Lowenthal. Unclaimed property.

The Unclaimed Property Law (UPL) specifies the circumstances under which unclaimed personal property held by a banking or financial institution, business association, or other holder of personal property escheats to the state. The UPL requires a banking or financial organization, if it has in its records an address for the apparent owner, which the records do not disclose to be inaccurate, to make reasonable efforts to notify by mail any customer that the customer’s deposit, account, shares, or other interest in the banking or financial organization will escheat to the state, as specified. The UPL provides an exception from this notice requirement for deposits, accounts, shares, or other interests of less than $50. The UPL authorizes a banking or financial organization to impose a service charge for the notice on the deposit, account, shares, or other interest in an amount up to $2 but not exceeding the administrative cost of mailing or electronically sending the notice, but prohibits a banking or financial institution from imposing a service charge for notice on items of less than $50. The UPL requires every person holding funds or other property that escheated to the state to submit a report to the Controller that includes, among other items, the name and last known address of each person appearing to be the owner of any property worth at least $50 that escheated to the state and, for items worth less than $50, the nature and identifying number, if any, or description of any intangible property reported in aggregate.

This bill would delete the notice exception for a deposit, account, shares, and other interest of less than $50, thereby requiring a banking or financial institution to make reasonable efforts to notify the customer regardless of the value of the interest. The bill would authorize a banking or financial institution to impose a service charge for notice if the deposit, account, shares, or other interest has a value greater than $2. The bill would require a person holding funds or other property escheated to the state to include in its report to the Controller the name and last known address of each person appearing to be the owner of any property escheated to the state, regardless of its value. The bill would allow the holder to report information regarding escheated items worth less than $50 in aggregate if the name of the owner is not known and there is no last known address in the records of the holder. The bill also would make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1513.5 of the Code of Civil Procedure
is amended to read:

1513.5.  

(a)  begin delete Except as provided in subdivision (c), if end delete begin insert If end insert the
holder has in its records an address for the apparent owner, which
the holder’s records do not disclose to be inaccurate, every banking
or financial organization shall make reasonable efforts to notify
any owner by mail or, if the owner has consented to electronic
notice, electronically, that the owner’s deposit, account, shares, or
other interest in the banking or financial organization will escheat
to the state pursuant to clause (i), (ii), or (iii) of subparagraph (A)
of paragraph (1), (2), or (6) of subdivision (a) of Section 1513.
The holder shall give notice either:

(1) Not less than two years nor more than two and one-half
years after the date of last activity by, or communication with, the
owner with respect to the account, deposit, shares, or other interest,
as shown on the record of the banking or financial organization.

(2) Not less than 6 nor more than 12 months before the time the
account, deposit, shares, or other interest becomes reportable to
the Controller in accordance with this chapter.

(b) The notice required by this section shall specify the time
that the deposit, account, shares, or other interest will escheat and
the effects of escheat, including the necessity for filing a claim for
the return of the deposit, account, shares, or other interest. The
face of the notice shall contain a heading at the top that reads as
follows: “THE STATE OF CALIFORNIA REQUIRES US TO
NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY
BE TRANSFERRED TO THE STATE IF YOU DO NOT
CONTACT US,” or substantially similar language. The notice
required by this section shall, in boldface type or in a font a
minimum of two points larger than the rest of the notice, exclusive
of the heading, (1) specify that since the date of last activity, or
for the last two years, there has been no owner activity on the
deposit, account, shares, or other interest; (2) identify the deposit,
account, shares, or other interest by number or identifier, which
need not exceed four digits; (3) indicate that the deposit, account,
shares, or other interest is in danger of escheating to the state; and
(4) specify that the Unclaimed Property Law requires banking and
financial organizations to transfer funds of a deposit, account,
shares, or other interest if it has been inactive for three years. It
shall also include a form, as prescribed by the Controller, by which
the owner may declare an intention to maintain the deposit,
account, shares, or other interest. If that form is filled out, signed
by the owner, and returned to the banking or financial organization,
it shall satisfy the requirement of clause (iii) of subparagraph (A)
of paragraph (1), clause (iii) of subparagraph (A) of paragraph (2),
or clause (iii) of subparagraph (A) of paragraph (6) of subdivision
(a) of Section 1513. In lieu of returning the form, the banking or
financial organization may provide a telephone number or other
electronic means to enable the owner to contact that organization.
The contact, as evidenced by a memorandum or other record on
file with the banking or financial organization, shall satisfy the
requirement of clause (iii) of subparagraph (A) of paragraph (1),
clause (iii) of subparagraph (A) of paragraph (2), or clause (iii) of
subparagraph (A) of paragraph (6) of subdivision (a) of Section
1513. begin delete The end delete begin insert If the deposit, account, shares, or other interest has a end insert
begin insert value greater than two dollars ($2), the end insert banking or financial
organization may impose a service charge on the deposit, account,
shares, or other interest for this notice in an amount not to exceed
the administrative cost of mailing or electronically sending the
notice and form and in no case to exceed two dollars ($2).

begin delete

(c) Notice as provided by subdivisions (a) and (b) shall not be
required for deposits, accounts, shares, or other interests of less
than fifty dollars ($50), and no service charge may be made for
notice on these items.

end delete begin delete

(d)

end delete

begin insert (c) end insert  In addition to the notices required pursuant to subdivision
(a), the holder may give additional notice as described in
subdivision (b) at any time between the date of last activity by, or
communication with, the owner and the date the holder transfers
the deposit, account, shares, or other interest to the Controller.

begin delete

(e)

end delete

begin insert (d) end insert  At the time a new account is opened with a banking or
financial organization, the organization shall provide a written
notice to the person opening the account informing the person that
his or her property may be transferred to the appropriate state if
no activity occurs in the account within the time period specified
by state law. If the person opening the account has consented to
electronic notice, that notice may be provided electronically. begin delete This end delete
begin delete subdivision shall become effective on January 1, 2011. end delete

SEC. 2.  

Section 1520 of the Code of Civil Procedure is
amended to read:

1520.  

(a) All tangible personal property located in this state
and, subject to Section 1510, all intangible personal property,
except property of the classes mentioned in Sections 1511, 1513,
1514, 1515, 1515.5, 1516, 1517, 1518, 1519, and 1521, including
any income or increment thereon and deducting any lawful charges,
that is held or owing in the ordinary course of the holder’s business
and has remained unclaimed by the owner for more than three
years after it became payable or distributable escheats to this state.

(b) Except as provided in subdivision (a) of Section 1513.5,
subdivision (b) of Section 1514, and subdivision (d) of Section
1516, if the holder has in its records an address for the apparent
owner begin delete of property valued at fifty dollars ($50) or more end delete , which the
holder’s records do not disclose to be inaccurate, the holder shall
make reasonable efforts to notify the owner by mail or, if the owner
has consented to electronic notice, electronically, that the owner’s
property will escheat to the state pursuant to this chapter. The
notice shall be mailed not less than 6 nor more than 12 months
before the time when the owner’s property held by the business
becomes reportable to the Controller in accordance with this
chapter. The face of the notice shall contain a heading at the top
that reads as follows: “THE STATE OF CALIFORNIA
REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED
PROPERTY MAY BE TRANSFERRED TO THE STATE IF
YOU DO NOT CONTACT US,” or substantially similar language.
The notice required by this subdivision shall specify the time when
the property will escheat and the effects of escheat, including the
need to file a claim in order for the owner’s property to be returned
to the owner. The notice required by this section shall, in boldface
type or in a font a minimum of two points larger than the rest of
the notice, exclusive of the heading, (1) specify that since the date
of last activity, or for the last two years, there has been no owner
activity on the deposit, account, shares, or other interest; (2)
identify the deposit, account, shares, or other interest by number
or identifier, which need not exceed four digits; (3) indicate that
the deposit, account, shares, or other interest is in danger of
escheating to the state; and (4) specify that the Unclaimed Property
Law requires holders to transfer funds of a deposit, account, shares,
or other interest if it has been inactive for three years. It shall also
include a form, as prescribed by the Controller, by which the owner
may confirm the owner’s current address. If that form is filled out,
signed by the owner, and returned to the holder, it shall be deemed
that the account, or other device in which the owner’s property is
being held, remains currently active and recommences the escheat
period. In lieu of returning the form, the holder may provide a
telephone number or other electronic means to enable the owner
to contact the holder. With that contact, as evidenced by a
memorandum or other record on file with the holder, the account
or other device in which the owner’s property is being held shall
be deemed to remain currently active and shall recommence the
escheat period. The holder may impose a service charge on the
deposit, account, shares, or other interest for this notice in an
amount not to exceed the administrative cost of mailing or
electronically sending the notice and form, and in no case to exceed
two dollars ($2).

(c) In addition to the notice required pursuant to subdivision
(b), the holder may give additional notice as described in
subdivision (b) at any time between the date of last activity by, or
communication with, the owner and the date the holder transfers
the property to the Controller.

(d) For purposes of this section, “lawful charges” means charges
which are specifically authorized by statute, other than begin delete the end delete
begin delete Unclaimed Property Law end delete begin insert this chapter end insert , or by a valid, enforceable
contract.

SEC. 3.  

Section 1530 of the Code of Civil Procedure is
amended to read:

1530.  

(a) Every person holding funds or other property
escheated to this state under this chapter shall report to the
Controller as provided in this section.

(b) The report shall be on a form prescribed or approved by the
Controller and shall include:

(1) Except with respect to traveler’s checks and money orders,
the name, if known, and last known address, if any, of each person
appearing from the records of the holder to be the owner of any
property begin delete of value of at least fifty dollars ($50) end delete escheated under
this chapter.

(2) In the case of escheated funds of life insurance corporations,
the full name of the insured or annuitant, and his or her last known
address, according to the life insurance corporation’s records.

(3) In the case of the contents of a safe deposit box or other
safekeeping repository or in the case of other tangible property, a
description of the property and the place where it is held and may
be inspected by the Controller. The report shall set forth any
amounts owing to the holder for unpaid rent or storage charges
and for the cost of opening the safe deposit box or other
safekeeping repository, if any, in which the property was contained.

(4) The nature and identifying number, if any, or description of
any intangible property and the amount appearing from the records
to be due, except that items of value under fifty dollars ($50) each
may be reported in aggregate begin insert if the name of the owner is unknown end insert
begin insert and there is no last known address in the records of the holder end insert .

(5) Except for any property reported in the aggregate, the date
when the property became payable, demandable, or returnable,
and the date of the last transaction with the owner with respect to
the property.

(6) Other information which the Controller prescribes by rule
as necessary for the administration of this chapter.

(c) If the holder is a successor to other persons who previously
held the property for the owner, or if the holder has changed his
or her name while holding the property, he or she shall file with
his or her report all prior known names and addresses of each
holder of the property.

(d) The report shall be filed before November 1 of each year as
of June 30 or fiscal yearend next preceding, but the report of life
insurance corporations, and the report of all insurance corporation
demutualization proceeds subject to Section 1515.5, shall be filed
before May 1 of each year as of December 31 next preceding. The
initial report for property subject to Section 1515.5 shall be filed
on or before May 1, 2004, with respect to conditions in effect on
December 31, 2003, and all property shall be determined to be
reportable under Section 1515.5 as if that section were in effect
on the date of the insurance company demutualization or related
reorganization. The Controller may postpone the reporting date
upon his or her own motion or upon written request by any person
required to file a report.

(e) The report, if made by an individual, shall be verified by the
individual; if made by a partnership, by a partner; if made by an
unincorporated association or private corporation, by an officer;
and if made by a public corporation, by its chief fiscal officer or
other employee authorized by the holder.