California Legislature—2015–16 Regular Session

Assembly BillNo. 318


Introduced by Assembly Member Chau

February 13, 2015


An act to amend Sections 2080.1 and 2080.2 of the Civil Code, relating to lost and unclaimed property.

LEGISLATIVE COUNSEL’S DIGEST

AB 318, as introduced, Chau. Lost money and goods: restoration to owner.

Existing law requires a person who finds and takes possession of property that is lost to try and return it to the rightful owner. If the owner of the lost property cannot be determined and the item is worth $100 or more, the finder is required to turn the item over to the police or sheriff, as specified. Existing law provides 90 days for the owner to return and claim the property and to pay any reasonable fee for its bailment.

This bill would provide that if that lost property is found on a vehicle of public conveyance or on public transit property, that it instead turned in to the public transit agency. The bill would provide 30 days for the owner to return and claim the property under specified rules and if the property is not claimed within 30 days, the public transit agency would be authorized to dispose of the property to a charitable organization.

Because this bill would impose new requirements on local transportation agencies, it 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. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 2080.1 of the Civil Code is amended to
2read:

3

2080.1.  

(a) If the owner is unknown or has not claimed the
4property, the person saving or finding the property shall, if the
5property is of the value of one hundred dollars ($100) or more,
6within a reasonable time turn the property over to the police
7department of the city or city and county, if found therein, or to
8the sheriff’s department of the county if found outside of city
9limits,begin insert or to the public transit agency if found on a vehicle of public
10conveyance or on the public transitend insert
begin insert property,end insert and shall make an
11affidavit, stating when and where he or she found or saved the
12property, particularly describing it. If the property was saved, the
13affidavit shall state:

14(1) From what and how it was saved.

15(2) Whether the owner of the property is known to the affiant.

16(3) That the affiant has not secreted, withheld, or disposed of
17any part of the property.

18(b) The police department or the sheriff’s departmentbegin insert, or the
19public transit agencyend insert
shall notify the owner, if his or her identity
20is reasonably ascertainable, that it possesses the property and where
21it may be claimed. The police department or sheriff’s department
22begin insert or public transit agencyend insert may require payment by the owner of a
23reasonable charge to defray costs of storage and care of the
24property.

25

SEC. 2.  

Section 2080.2 of the Civil Code is amended to read:

26

2080.2.  

begin insert(a)end insertbegin insertend insert If the owner appears within 90 days, after receipt
27of the property by the police department or sheriff’s department,
28proves his ownership of the property, and pays all reasonable
29charges, the police department or sheriff’s department shall restore
30the property to him.

begin insert

P3    1(b) If the owner appears within 30 days after the receipt of lost
2or unclaimed property that has been turned over to a public transit
3agency and proves his or her ownership of the property, and pays
4all reasonable charges, if any, the public transit agency shall
5restore the property to him or her. If the property remains
6unclaimed after 30 days, the public transit agency is authorized
7to dispose of the unclaimed property to a charitable organization.

end insert
8

SEC. 3.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



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