Amended in Senate August 21, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 934

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 begin insert , excluding victim restitution money, end insert has not been claimed, it reverts to the local agency, as specified. Existing law begin delete also end delete requires moneys constituting restitution for victims to be begin delete place end delete begin insert placed end insert into a Restitution Fund or used for victim services after the 3-year period.

This bill would begin delete additionally end delete require a local agency to document that it has made a reasonable effort to locate begin insert and notify end insert the victim to whom the restitution is owed begin delete prior to depositing funds into the Restitution Fund or using those end delete begin insert if, at the expiration of the 3- end insert begin insert year period, the local agency elects to use restitution end insert funds for victim services. begin delete By imposing additional duties on local agencies, this bill would impose a state-mandated local program. end delete

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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. begin delete Money end delete begin insert At the expiration
of the three-year period, money end insert representing restitution collected
on behalf of victims shall begin delete either end delete be deposited into the Restitution
Fund or used by the local agency for purposes of victim begin delete services
after the expiration of the three-year period. Before restitution
moneys are deposited into the Restitution Fund or used by the end delete
begin insert services. If a end insert local agency begin insert elects to use the money end insert for purposes of
victim services, the local agency shall begin insert first end insert document that it has
made a reasonable effort to locate begin insert and notify end insert the victim to whom
the restitution is owed. begin delete However, with end delete begin insert The local agency may utilize
fees collected pursuant to subdivision (l) of Section 1203.1 or
subdivision (f) of Section 2085.5 of the Penal Code to offset the
reasonable cost of locating and notifying the victim to whom
restitution is owed. With end insert 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.

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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.

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