BILL NUMBER: SB 1707 CHAPTERED
BILL TEXT
CHAPTER 540
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 1998
APPROVED BY GOVERNOR SEPTEMBER 16, 1998
PASSED THE SENATE AUGUST 19, 1998
PASSED THE ASSEMBLY AUGUST 13, 1998
AMENDED IN ASSEMBLY JULY 30, 1998
AMENDED IN ASSEMBLY JUNE 16, 1998
AMENDED IN ASSEMBLY JUNE 4, 1998
AMENDED IN ASSEMBLY JUNE 4, 1998
AMENDED IN SENATE APRIL 14, 1998
AMENDED IN SENATE MARCH 30, 1998
INTRODUCED BY Senator Rainey
FEBRUARY 17, 1998
An act to add Section 2080.10 to the Civil Code, relating to
safekeeping of property.
LEGISLATIVE COUNSEL'S DIGEST
SB 1707, Rainey. Safekeeping of property.
Existing law requires the delivery of lost or unclaimed property
having a value of $100 or more to the police or sheriff's department,
which is required to restore the property to the owner if he or she
claims the property within 90 days.
Existing law requires, when property is taken from an arrested
defendant, the officer taking it to, at that time, give duplicate
receipts therefor, one for the defendant and one for the clerk of the
court to which the depositions and statement are to be sent.
This bill would require, when a public agency obtains possession
of personal property from a person for temporary safekeeping, the
public agency to take responsibility for the storage, documentation,
and disposition of the property and provide the person from whom the
property was taken with a receipt and instructions for the retrieval
of the property, as specified. The bill would also require the
public agency to make reasonable efforts to contact the owner if the
public agency has knowledge that the person from whom the property
was taken is not the owner, and, if the owner is identified, to send
to the owner, by first-class mail, a receipt and instructions for
retrieval of the property. The bill would provide that the receipt
and instructions are to notify the person that the property must be
claimed within 60 days after the public agency obtains possession or
the property will be disposed of, as specified, unless the person
notifies the public agency in writing that he or she is in custody
and unable to retrieve the property within 60 days, or have an
authorized person retrieve the property, resulting in the public
agency holding the property for not longer than 10 additional
months.
This bill would impose a state-mandated local program by requiring
new duties of local public agencies.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2080.10 is added to the Civil Code, to read:
2080.10. (a) When a public agency obtains possession of personal
property from a person for temporary safekeeping, the public agency
shall do all of the following:
(1) Take responsibility for the storage, documentation, and
disposition of the property.
(2) Provide the person from whom the property was taken with a
receipt and instructions for the retrieval of the property. The
receipt and instructions shall either be given to the person from
whom the property was taken at the time the public agency obtains the
property or immediately mailed, by first-class mail, to the person
from whom the property was taken.
(3) If the public agency has knowledge that the person from whom
the property was taken is not the owner, the agency shall make
reasonable efforts to identify the owner. If the owner is
identified, the public agency shall mail, by first-class mail, a
receipt and instructions for the retrieval of the property.
(b) The receipt and instructions shall notify the person from whom
the property was taken that the property must be claimed within 60
days after the public agency obtains possession or the property will
be disposed of in accordance with the disposal provisions of this
article. Within 60 days, the person may do one of the following:
(1) Retrieve the property.
(2) Authorize in writing another person to retrieve the property.
(3) Notify the public agency in writing that he or she is unable
to retrieve the property, because he or she is in custody, and
request the public agency to hold the property. If a person notifies
the public agency that he or she is unable to retrieve the property
within 60 days, or have an authorized person retrieve the property,
the public agency shall hold the property for not longer than 10
additional months.
(c) The public agency shall not be liable for damages caused by
any official action performed with due care regarding the disposition
of personal property pursuant to this section and the disposal
provisions of this article.
(d) As used in this section, "public agency" means any state
agency, any city, county, city and county, special district, or other
political subdivision.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.