AB 934, as amended, Cooley. Local agencies: unclaimed money.
Existing law requires local agencies, as defined, to retain moneybegin insert,end insert that remains unclaimed and that is not the property of the local agency in its treasury or in the official custody of its officersbegin insert,end insert for a period of 3 years, after which time, if the money has not been claimed, it reverts to the local agency, as specified.begin insert Existing law also requires moneys constituting restitution for victims to be place into a Restitution Fund or used for victim services after the 3-year period.end insert
This bill would make a technical, nonsubstantive change to this provision.
end deleteThis bill would additionally require a local agency to document that it has made a reasonable effort to locate the victim to whom the restitution is owed prior to depositing funds into the Restitution Fund or using those funds for victim services. By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
Section 50050 of the Government Code is
2amended to read:
For purposes of this article, “local agency” includes all
4districts. Except as otherwise provided by law, money, excluding
5restitution to victims, that is not the property of a local agency that
6remains unclaimed in its treasury or in the official custody of its
7officers for three years is the property of the local agency after
8notice if not claimed or if no verified complaint is filed and served.
9At any time after the expiration of the three-year period, the
10treasurer of the local agency may cause a notice to be published
11once a week for two successive weeks in a newspaper of general
12circulation published in the local agency. Money representing
13restitution collected on behalf of victims shall either be deposited
14into the
Restitution Fund or used by the local agency for purposes
15of victim services after the expiration of the three-year period.
16begin insert Before restitution moneys are deposited into the Restitution Fund
17or used by the local agency for purposes of victim services, the
18local agency shall document that it has made a reasonable effort
19to locate the victim to whom the restitution is owed.end insert However, with
20respect to moneys deposited with the county treasurer pursuant to
21Section 7663 of the Probate Code, this three-year period to claim
22money held by a local agency is extended for an infant or person
23of unsound mind until one year from the date his or her disability
24ceases.
25For purposes of this section, “infant” and “person of unsound
26mind” have the same meaning as given to those terms as used in
27Section 1441 of
the Code of Civil Procedure.
If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
P3 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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