AB 1712, as introduced, Gomez. Unclaimed property.
Existing law, the Unclaimed Property Law, authorizes the 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. Existing law specifies that only a person who claims to have been an owner of the property, as defined, may file a claim with the Controller. Existing law defines an “owner” as the person who had legal right to the property prior to its escheat, his or her heirs or estate representative, his or her guardian or conservator, or a public administrator, as specified.
This bill would revise the definition of owner to also include a parent organization of a nonprofit civic, charitable, or educational organization that granted a charter, sponsorship, or approval for the existence of the organization that owned the property but that is no longer chartered, sponsored, or approved, and has otherwise dissolved or is no longer in existence.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1540 of the Code of Civil Procedure is
2amended to read:
(a) Any person, excluding another state, who claims to
4have been the owner, as defined in subdivision (d), of property
5paid or delivered to the Controller under this chapter may file a
6claim to the property or to the net proceeds from its sale. The claim
7shall be on a form prescribed by the Controller and shall be verified
8by the claimant.
9(b) The Controller shall consider each claim within 180 days
10after it is filed to determine if the claimant is the owner, as defined
11in subdivision (d), and may hold a hearing and receive evidence.
12The Controller shall give written notice to the claimant if he or
13she denies the claim in whole or in part. The notice may be given
14by mailing it to the address, if any, stated in the claim as the
address
15to which notices are to be sent. If no address is stated in the claim,
16the notice may be mailed to the address, if any, of the claimant as
17stated in the claim. A notice of denial need not be given if the
18claim fails to state either an address to which notices are to be sent
19or an address of the claimant.
20(c) Interest shall not be payable on any claim paid under this
21chapter.
22(d) Notwithstanding subdivision (g) of Section 1501, for
23purposes of filing a claim pursuant to this section, “owner” means
24the person who had legal right to the property prior to its escheat,
25his or her heirs or estate representative, his or her guardian or
26conservator,begin delete orend delete a public administrator acting pursuant to the
27authority granted in Sections 7660 and 7661 of the Probate Codebegin insert,
28
or a parent organization of a nonprofit civic, charitable, or
29educational organization that granted a charter, sponsorship, or
30approval for the existence of an organization that owned the
31property but that is no longer chartered, sponsored, or approved,
32and has dissolved or is no longer in existenceend insert. Only an owner, as
33defined in this subdivision, may file a claim with the Controller
34pursuant to this article.
P3 1(e) Following a public hearing, the Controller shall adopt
2guidelines and forms that shall provide specific instructions to
3assist owners in filing claims pursuant to this article.
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