BILL NUMBER: AB 318INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chau FEBRUARY 13, 2015 An act to amend Sections 2080.1 and 2080.2 of the Civil Code, relating to lost and unclaimed property. LEGISLATIVE COUNSEL'S DIGEST AB 318, as introduced, Chau. Lost money and goods: restoration to owner. Existing law requires a person who finds and takes possession of property that is lost to try and return it to the rightful owner. If the owner of the lost property cannot be determined and the item is worth $100 or more, the finder is required to turn the item over to the police or sheriff, as specified. Existing law provides 90 days for the owner to return and claim the property and to pay any reasonable fee for its bailment. This bill would provide that if that lost property is found on a vehicle of public conveyance or on public transit property, that it instead turned in to the public transit agency. The bill would provide 30 days for the owner to return and claim the property under specified rules and if the property is not claimed within 30 days, the public transit agency would be authorized to dispose of the property to a charitable organization. Because this bill would impose new requirements on local transportation agencies, it would impose 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. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2080.1 of the Civil Code is amended to read: 2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, or to the public transit agency if found on a vehicle of public conveyance or on the public transit property, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state: (1) From what and how it was saved. (2) Whether the owner of the property is known to the affiant. (3) That the affiant has not secreted, withheld, or disposed of any part of the property. (b) The police department or the sheriff's department , or the public transit agency shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department or public transit agency may require payment by the owner of a reasonable charge to defray costs of storage and care of the property. SEC. 2. Section 2080.2 of the Civil Code is amended to read: 2080.2. (a) If the owner appears within 90 days, after receipt of the property by the police department or sheriff's department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriff's department shall restore the property to him. (b) If the owner appears within 30 days after the receipt of lost or unclaimed property that has been turned over to a public transit agency and proves his or her ownership of the property, and pays all reasonable charges, if any, the public transit agency shall restore the property to him or her. If the property remains unclaimed after 30 days, the public transit agency is authorized to dispose of the unclaimed property to a charitable organization. SEC. 3. 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.