BILL NUMBER: AB 934	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 22, 2013

   An act to amend Section 50050 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 934, as amended, Cooley. Local agencies: unclaimed money.
   Existing law requires local agencies, as defined, to retain money
 ,  that remains unclaimed and that is not the property of
the local agency in its treasury or in the official custody of its
officers  ,  for a period of 3 years, after which time, if
the money has not been claimed, it reverts to the local agency, as
specified.  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.  
   This bill would make a technical, nonsubstantive change to this
provision.  
   This 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.  
   The 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.  
   This 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 50050 of the Government Code is amended to
read:
   50050.  For purposes of this article, "local agency" includes all
districts. Except as otherwise provided by law, money, excluding
restitution to victims, that is not the property of a local agency
that remains unclaimed in its treasury or in the official custody of
its officers for three years is the property of the local agency
after notice if not claimed or if no verified complaint is filed and
served. At any time after the expiration of the three-year period,
the treasurer of the local agency may cause a notice to be published
once a week for two successive weeks in a newspaper of general
circulation published in the local agency. Money representing
restitution collected on behalf of victims shall either be deposited
into the Restitution Fund or used by the local agency for purposes of
victim services after the expiration of the three-year period. 
Before restitution moneys are deposited into the Restitution Fund or
used by the local agency for purposes of victim services, the local
agency shall document that it has made a reasonable effort to locate
the victim to whom the restitution is owed.  However, with
respect to moneys deposited with the county treasurer pursuant to
Section 7663 of the Probate Code, this three-year period to claim
money held by a local agency is extended for an infant or person of
unsound mind until one year from the date his or her disability
ceases.
   For purposes of this section, "infant" and "person of unsound mind"
have the same meaning as given to those terms as used in Section
1441 of the Code of Civil Procedure.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.