BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 954
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      SB 954 (Liu) - As Amended:  March 1, 2012 

          Policy Committee:                             Local 
          GovernmentVote:9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the Controller to withhold unclaimed 
          property held by the state to satisfy debts to cities and 
          counties.

           FISCAL EFFECT  

          Negligible fiscal impact to the Controller.

           COMMENTS  

           1)Purpose  .  According to the author, this bill would add the 
            Controller's unclaimed property program to the list of other 
            state programs that can place an offset on behalf of a city or 
            county on a state claim refund.  The author argues this change 
            gives cities or counties more chances to collect money owed 
            and provide needed revenue to agency budgets.  This bill 
            simply adds authority to the existing Government Code Section 
            on offsets to let the Controller place offsets on unclaimed 
            property, if the person to receive the property owes money to 
            a city or county.  According to the Controller, the sponsor, 
            if this authority had been in place, cities and counties would 
            have received $2.3 million in the 2009-10 fiscal year and $3.5 
            million in 2010-11.

           2)Background  .  If a person owes money to a city or county, the 
            Controller may withhold (offset) money from the person's state 
            tax refunds and winnings from the California State Lottery to 
            settle local debts.  The Controller can withhold money only 
            when the amount is a judgment, a court order, or a lien for 
            delinquent unsecured property taxes, and must withhold money 








                                                                  SB 954
                                                                  Page  2

            when the amount is a bench warrant for payment of a fine, 
            penalty, or assessment.

            Cities and counties give the Controller lists of debtors and 
            amounts owed.  The Controller matches those cities' and 
            counties' lists against the names of people due state tax 
            refunds and lottery payments.  When there are matches, the 
            Controller withholds the amount owed and pays the city or 
            county. 

            The Controller currently operates a program to allow persons 
            to identify and claim property in the possession of the state. 
             The Controller holds all received unclaimed property until 
            the owner claims it.   After receiving a claim, the Controller 
            will evaluate its validity and authorize payment to a rightful 
            owner.  The State of California currently holds more than $6.1 
            billion in unclaimed property belonging to approximately 17.6 
            million individuals and organizations.
                
            3)There is no registered opposition to this bill.
           


           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081