BILL NUMBER: AB 934	CHAPTERED
	BILL TEXT

	CHAPTER  457
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2013
	APPROVED BY GOVERNOR  OCTOBER 1, 2013
	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	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, 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 requires moneys constituting
restitution for victims to be placed into a Restitution Fund or used
for victim services after the 3-year period.
   This bill would 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 if, at the expiration of the 3-year period, the
local agency elects to use restitution funds for victim services.


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. At the expiration of the
three-year period, money representing restitution collected on behalf
of victims shall be deposited into the Restitution Fund or used by
the local agency for purposes of victim 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. 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.