Bill Text: CA AB1275 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Unclaimed property: filing of claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-19 - Chaptered by Secretary of State - Chapter 128, Statutes of 2013. [AB1275 Detail]

Download: California-2013-AB1275-Chaptered.html

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BILL NUMBER: AB 1275	CHAPTERED
	BILL TEXT

	CHAPTER  128
	FILED WITH SECRETARY OF STATE  AUGUST 19, 2013
	APPROVED BY GOVERNOR  AUGUST 19, 2013
	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  MAY 9, 2013

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 22, 2013

   An act to amend Section 1540 of the Code of Civil Procedure,
relating to unclaimed property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1275, Chau. Unclaimed property: filing of claims.
   Existing law, the Unclaimed Property Law, authorizes the State
Controller to administer property that has escheated to the state and
sets forth procedures whereby a person may file a claim to the
property or to the net proceeds from its sale. Under existing law,
the Controller is required to consider each claim within 180 days
after it is filed, as specified. Existing law defines an "owner" as
the person who had the legal right to the property prior to the
escheat, his or her heirs, his or her legal representative, or a
public administrator authorized by law.
   This bill would clarify that only a person who claims to have been
an owner, as defined, may file a claim with the Controller, and
requires the Controller, within 180 days after the claim is filed, to
determine if the claimant is the owner of the property claimed. The
bill would revise the definition of owner to also include the estate
representative and guardian or conservator, and remove the legal
representative, of the person who had the legal right to the property
prior to its escheat.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1540 of the Code of Civil Procedure is amended
to read:
   1540.  (a) Any person, excluding another state, who claims to have
been the owner, as defined in subdivision (d), of property paid or
delivered to the Controller under this chapter may file a claim to
the property or to the net proceeds from its sale. The claim shall be
on a form prescribed by the Controller and shall be verified by the
claimant.
   (b) The Controller shall consider each claim within 180 days after
it is filed to determine if the claimant is the owner, as defined in
subdivision (d), and may hold a hearing and receive evidence. The
Controller shall give written notice to the claimant if he or she
denies the claim in whole or in part. The notice may be given by
mailing it to the address, if any, stated in the claim as the address
to which notices are to be sent. If no address is stated in the
claim, the notice may be mailed to the address, if any, of the
claimant as stated in the claim. A notice of denial need not be given
if the claim fails to state either an address to which notices are
to be sent or an address of the claimant.
   (c) Interest shall not be payable on any claim paid under this
chapter.
   (d) Notwithstanding subdivision (g) of Section 1501, for purposes
of filing a claim pursuant to this section, "owner" means the person
who had legal right to the property prior to its escheat, his or her
heirs or estate representative, his or her guardian or conservator,
or a public administrator acting pursuant to the authority granted in
Sections 7660 and 7661 of the Probate Code. Only an owner, as
defined in this subdivision, may file a claim with the Controller
pursuant to this article.
   (e) Following a public hearing, the Controller shall adopt
guidelines and forms that shall provide specific instructions to
assist owners in filing claims pursuant to this article.