BILL NUMBER: AB 934	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2013
	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  ,
excluding victim restitution 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   placed  into a Restitution Fund
or used for victim services after the 3-year period.
   This bill would  additionally  require a local
agency to document that it has made a reasonable effort to locate
 and notify  the victim to whom the restitution is owed
 prior to depositing funds into the Restitution Fund or using
those   if, at the expiration of the 3-   year
period, the local agency elects to use restitution  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:  yes
  no  . State-mandated local program:  yes
  no  .


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 
 At the expiration of the three-year period, 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
  services. If a  local agency  elects to use
the money  for purposes of victim services, the local agency
shall  first  document that it has made a reasonable effort
to locate  and notify  the victim to whom the restitution is
owed.  However, with   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  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.