AB 318, as amended, 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:
Section 2080.1 of the Civil Code is amended to
2read:
(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, or to the public transit agency if found on a vehicle of public
10conveyance or on the public transitbegin insert agencyend insert property, and shall
11make an affidavit, stating when and where he or she found or saved
12the property, particularly describing it. If the
property was saved,
13the affidavit 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’sbegin delete department, or the begin insert departmentend insert shall notify the owner, if his or
19public transit agencyend delete
20her identity is reasonably ascertainable, that it possesses the
21property and where it may be claimed. The police department or
22
sheriff’s departmentbegin delete or public transit agencyend delete
may require payment
23by the owner of a reasonable charge to defray costs of storage and
24care of the property.
25(c) If the personal property is found or saved on a vehicle of
26public conveyance or on property belonging to a public transit
27agency, the public transit agency shall notify the owner, if his or
28her identity is reasonably ascertainable, that it possesses the
29property and where it may be claimed. The public transit agency
30may require payment by the owner of a reasonable charge to defray
31the costs of storage and care of the property.
Section 2080.2 of the Civil Code is amended to read:
(a) If the owner appears within 90 days, after receipt
3of the property by the police department or sheriff’s department,
4proves hisbegin insert or herend insert ownership of the property, and pays all reasonable
5charges, the police department or sheriff’s department shall restore
6the property tobegin delete him.end deletebegin insert him or her.end insert
7(b) If the owner appears within 30 days after the receipt of lost
8or unclaimed property
that has been turned over to a public transit
9agency and proves his or her ownership of the property, and pays
10all reasonable charges, if any, the public transit agency shall restore
11the property to him or her. If the property remains unclaimed after
1230 days, the public transit agency is authorized to dispose of the
13unclaimed property to a charitable organization.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
O
98