BILL NUMBER: AB 1275	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 22, 2013

   An act to amend Section 1540 of the Code of Civil Procedure,
relating to unclaimed property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1275, as introduced, Chau. Unclaimed property: filing of
claims.
   Existing law, the Unclaimed Property Law, authorizes the State
Controller to administer property that has escheated to the state and
sets forth procedures whereby a person may file a claim to the
property or to the net proceeds from its sale. Under existing law,
the Controller is required to consider each claim within 180 days
after it is filed, as specified. Existing law defines an "owner" as
the person who had the legal right to the property prior to the
escheat, his or her heirs, his or her legal representative, or a
public administrator authorized by law.
   This bill would clarify that only a person who claims to have been
an owner, as defined, may file a claim with the Controller, and
requires the Controller, within 180 days after the claim is filed, to
determine if the claimant is the owner of the property claimed. The
bill would revise the definition of owner to also include the estate
representative and guardian or conservator, and remove the legal
representative, of the person who had the legal right to the property
prior to its escheat.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1540 of the Code of Civil Procedure is amended
to read:
   1540.  (a) Any person, excluding another state, who claims
 an interest in   to have been the owner, as
defined in subdivision (d), of  property paid or delivered to
the Controller under this chapter may file a claim to the property or
to the net proceeds from its sale. The claim shall be on a form
prescribed by the Controller and shall be verified by the claimant.
   (b) The Controller shall consider each claim within 180 days after
it is filed  to determine if the   claimant is the
owner, as defined in subdivision (d), and may hold a hearing and
receive evidence. The Controller shall give written notice to the
claimant if he or she denies the claim in whole or in part. The
notice may be given by mailing it to the address, if any, stated in
the claim as the address to which notices are to be sent. If no
address is stated in the claim, the notice may be mailed to the
address, if any, of the claimant as stated in the claim.  No
  A  notice of denial need  not  be given
if the claim fails to state either an address to which notices are to
be sent or an address of the claimant.
   (c)  No interest   Interest  shall 
not  be payable on any claim paid under this chapter.
   (d)  For the   Notwithstanding subdivision
(g) of Section 1501, for  purposes of  filing a claim
pursuant to  this section, "owner" means the person who had
legal right to the property prior to its escheat, his or her 
heirs,   heirs or estate representative,  his or
her  legal representative,   guardian or
conservator,  or a public administrator acting pursuant to the
authority granted in Sections 7660 and 7661 of the Probate Code. 
Only an owner, as defined in this subdivision, may file a claim with
the Controller pursuant to this article. 
   (e) Following a public hearing, the Controller shall adopt
guidelines and forms that shall provide specific instructions to
assist owners in filing claims pursuant to this article.