BILL NUMBER: AB 191	CHAPTERED  08/26/99

	CHAPTER   233
	FILED WITH SECRETARY OF STATE   AUGUST 26, 1999
	APPROVED BY GOVERNOR   AUGUST 25, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 15, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Dickerson

                        JANUARY 21, 1999

   An act to amend Section 217 of the Welfare and Institutions Code,
relating to personal property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 191, Dickerson.  Personal property:  unclaimed.
   Under existing law, the board of supervisors of any county or the
governing body of any city may, by ordinance, provide that any
bicycle or toy, or both, in the possession of the county sheriff or
city police department which have been unclaimed for at least 60 days
may, instead of being sold at public auction, be turned over to the
probation officer, welfare department, or to specified charitable or
nonprofit organizations for use in any program or activity designed
to prevent juvenile delinquency.
   This bill would provide that this authorization would apply to all
unclaimed personal property that has been unclaimed for at least 90
days with a value of no more than $500.  It would require that prior
to turning over the property the police or sheriff's department must
notify the owner, if his or her identity is known or can be
reasonably ascertained, by mail, telephone, or by means of a notice
published in a newspaper of general circulation, that it possesses
the property and where it may be claimed.  Because this bill would
increase the duties of local law enforcement, it would create 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, 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 217 of the Welfare and Institutions Code is
amended to read:
   217.  (a) The board of supervisors of any county or the governing
body of any city may by ordinance provide that any personal property
with a value of not more than five hundred dollars ($500) in the
possession of the sheriff of the county or in the possession of the
police department of the city which have been unclaimed for a period
of at least 90 days may, instead of being sold at public auction to
the highest bidder pursuant to the provisions of Section 2080.5 of
the Civil Code, be turned over to the probation officer, to the
welfare department of the county, or to any charitable or nonprofit
organization which is authorized under its articles of incorporation
to participate in a program or activity designed to prevent juvenile
delinquency and which is exempt from income taxation under federal or
state law, or both, for use in any program or activity designed to
prevent juvenile delinquency.
   (b) Before any property subject to this section is turned over to
the probation officer, to the welfare department of the county, or to
any charitable or nonprofit organization, the police department or
sheriff's department shall notify the owner, if his or her identity
is known or can be reasonably ascertained, that it possesses the
property, and where the property may be claimed.  The owner may be
notified by mail, telephone, or by means of a notice published in a
newspaper of general circulation which it determines is most likely
to give notice to the owner of the property.
  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.