Bill Text: CA AB1712 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1712 (Prior Session Legislation)

Bill Title: Unclaimed property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-15 - Chaptered by Secretary of State - Chapter 330, Statutes of 2014. [AB1712 Detail]

Download: California-2013-AB1712-Chaptered.html

BILL NUMBER: AB 1712	CHAPTERED
	BILL TEXT

	CHAPTER  330
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 15, 2014
	PASSED THE SENATE  AUGUST 22, 2014
	PASSED THE ASSEMBLY  AUGUST 26, 2014
	AMENDED IN SENATE  JUNE 16, 2014
	AMENDED IN ASSEMBLY  APRIL 8, 2014

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 13, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1712, Gomez. Unclaimed property.
   Existing law, the Unclaimed Property Law, authorizes the
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. Existing law specifies
that only a person who claims to have been an owner of the property,
as defined, may file a claim with the Controller. Existing law
defines an "owner" as 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, as
specified.
    This bill would revise the definition of owner to also include a
nonprofit civic, charitable, or educational organization that granted
a charter, sponsorship, or approval for the existence of the
organization that had the legal right to the property prior to its
escheat but that has dissolved or is no longer in existence, if the
charter, sponsorship, approval, organization bylaws, or other
governing documents provide that unclaimed or surplus property shall
be conveyed to the granting organization upon dissolution or
cessation to exist as a distinct legal entity.


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. An "owner" also means a
nonprofit civic, charitable, or educational organization that granted
a charter, sponsorship, or approval for the existence of the
organization that had the legal right to the property prior to its
escheat but that has dissolved or is no longer in existence, if the
charter, sponsorship, approval, organization bylaws, or other
governing documents provide that unclaimed or surplus property shall
be conveyed to the granting organization upon dissolution or
cessation to exist as a distinct legal entity. 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.